HB909: HB909 Firefighter Health and Environmental Safety Act; enact

25 LC 60 0094 House Bill 909 By: Representatives Drenner of the 85th, Scott of the 76th, Davis of the 87th, Schofield of the 63rd, and Lim of the 98th A BILL TO BE ENTITLED AN ACT To amend Titles 12, 25, and 33 of the Official Code of Georgia Annotated, relating to1 conservation and natural resources, fire protection and safety, and insurance, respectively,2 so as to provide greater health protections for firefighters; t o provide for monitoring of3 concentration levels of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, at certain4 firefighter related sites; to prohibit the use of firefighting equipment containing PFAS as an5 intentionally added chemical after a certain date; to require m anufacturers of firefighting6 equipment to label such equipment as containing PFAS as an intentionally added chemical7 after a certain date; to provide for the development of standar ds for mitigating PFAS8 contamination at harmful exposure levels and for the safe dispo sal or destruction of any9 firefighting equipment containing PFAS as an intentionally adde d chemical; to create the10 Firefighter Health Advisory Council and establish its powers; t o provide for the11 establishment and purpose of the Firefighter PFAS Initiative; to require fire departments to12 provide and maintain insurance coverage for its firefighters fo r the payment of claims for13 PFAS blood testing under certain circumstances; to require insurers to provide coverage for14 PFAS blood testing under certain circumstances; to revise and provide definitions; to provide15 for civil penalties; to provide for reporting; to provide for a short title; to provide for16 legislative findings and intent; to provide for related matters; to repeal conflicting laws; and17 for other purposes.18 H. B. 909 - 1 - 25 LC 60 0094 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 SECTION 1.20 This Act shall be known and may be cited as the "Firefighter He alth and Environmental21 Safety Act."22 SECTION 2.23 (a) The General Assembly finds that:24 (1) Firefighters face significant health risks due to occupati onal exposure to toxic25 substances, including perfluoroalkyl and polyfluoroalkyl substances, or PFAS; and26 (2) Current federal and state health programs lack adequate pr ovisions for addressing27 occupational hazards unique to firefighting.28 (b) It is the intent of the General Assembly to:29 (1) Enhance firefighter health protections; and30 (2) Ensure accountability and compliance with laws, rules, and regulations providing31 health protections for firefighters through clear enforcement mechanisms.32 SECTION 3.33 Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural34 resources, is amended in Article 1 of Chapter 2, relating to th e Department of Natural35 Resources generally, by adding a new Code section to read as follows:36 "12-2-12.37 (a) As used in this Code section, the term:38 (1) 'Covered site' means any land within this state used as a fire department or as a39 training site for firefighting operations.40 (2) 'Division' means the Environmental Protection Division of the Department of Natural41 Resources.42 H. B. 909 - 2 - 25 LC 60 0094 (3) 'Fire department' shall have the same meaning as set forth in Code Section 25-3-21.43 (4) 'Harmful exposure level' means, which respect to the human population, including44 sensitive subgroups, a concentration level of PFAS that, over a lifetime or part of a45 lifetime, may cause a change in body function, including, but n ot limited to, organ46 function or cell structure, that might lead to disease or health problems, as determined by47 the division after considering any regulations or guidance issu ed by the United Sates48 Environmental Protection Agency, as of July 31, 2027.49 (5) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' shall have the same50 meaning as set forth in Code Section 25-2-41.51 (b) Subject to available funding, beginning on January 1, 2027 , the division shall52 participate in or conduct such studies, reviews, investigations , research, emission53 inventories, and demonstrations as it deems necessary to monito r levels of PFAS54 contamination in air, water, and soil at covered sites; provide d, however, that, for any55 privately held land, the division shall receive permission to c onduct such monitoring56 activities from the owner. The div ision shall provide a written analysis of the results of57 such monitoring for each covered site not less frequently than quarterly to the Firefighter58 Health Advisory Council, established pursuant to Code Section 25-2-42.59 (c) Not later than January 1, 2028, the division shall adopt r ules and regulations60 establishing decontamination protocols for fire departments rel ating to mitigating PFAS61 contamination at a harmful exposure level. In adopting such ru les and regulations, the62 division shall take into consideration any regulations or guida nce issued by the United63 States Environmental Protection Agency, as of July 31, 2027."64 SECTION 4.65 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is66 amended by revising Code Section 25-2-41, relating to use of cl ass B fire-fighting foam67 containing intentionally added PFAS chemicals, as follows:68 H. B. 909 - 3 - 25 LC 60 0094 "25-2-41.69 (a) As used in this Code section, the term:70 (1) 'Class B fire-fighting firefighting foam' means any foam designed to extinguish71 flammable liquid fires.72 (2) 'Division' means the Environmental Protection Division of the Department of Natural73 Resources.74 (3) 'Fire department' shall have the same meaning as set forth in Code Section 25-3-21.75 (4) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.76 (5) 'Firefighting equipment' means any materials used by firefighters to extinguish fires,77 including, but not limited to, class B firefighting foam; jacke ts, pants, gloves, boots,78 helmets, face masks, and other personal protective equipment used by firefighters; and79 any other materials used by firefighters in firefighting.80 (6) 'Intentionally added chemical' means a chemical in a product that serves an intended81 function or technical effect in the product or product componen t, including the PFAS82 within intentionally added chemicals and PFAS that are intentional breakdown products83 of an added chemical that also have a functional or technical e ffect in the product or84 product component.85 (7) 'Manufacturer' means:86 (A) Any entity which manufactures, makes, produces, or causes to be produced87 firefighting equipment sold in this state or firefighting equip ment that such entity88 intends to be sold in this state;89 (B) The first purchaser of firefighting equipment manufactured anywhere that intends90 to resell such firefighting equipment in this state regardless of whether the original91 manufacturer, maker, or producer intends such firefighting equipment to be sold in the92 United States; or93 (C) Any entity which becomes a successor of an entity described in subparagraph (A)94 or (B) of this paragraph.95 H. B. 909 - 4 - 25 LC 60 0094 (2)(8) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' 'PFAS chemicals' means96 a class of fluorinated organic chemicals containing at least one fully fluorinated carbon97 atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully98 functional in class B fire-fighting foam formulations.99 (9) 'Person' means any individual, partnership, association, f irm, public or private100 corporation, or public entity.101 (10) 'Public entity' means a department, agency, board, bureau, commission, authority,102 or instrumentality of the State of Georgia, any local government or authority, including103 a county, municipal, or consolidated government in this state, or any other political104 subdivision in this state. Such term includes a fire department or local school system.105 (3)(11) 'Testing' means calibration testing, conformance testing, or fixed system testing.106 (b) Until June 30, 2030, no person On and after January 1, 2020, no person; fire107 department provided for under Chapter 3 of this title; state de partment, agency, board,108 bureau, office, commission, public corporation, or authority; c ounty, municipal109 corporation, school district, or other political subdivision of this state shall discharge or110 otherwise use class B fire-fighting firefighting foam that contains intentionally added PFAS111 chemicals PFAS as an intentionally added chemical unless:112 (1) Such discharge or other use occurs in fire prevention or in response to an emergency113 fire-fighting firefighting operation; or114 (2) Such discharge or other use is for training or testing pur poses which occurs at a115 facility that has implemented containment, treatment, and disposal measures to prevent116 uncontrolled releases of such class B fire-fighting firefighting foam into the environment.117 (c) Nothing in this Code section shall be construed to:118 (1) Restrict the manufacture, sale, or distribution of class B fire-fighting foam that119 contains intentionally added PFAS chemicals or restrict the dis charge or other use of120 class B fire-fighting foam in response to an emergency fire-fighting operation; or121 H. B. 909 - 5 - 25 LC 60 0094 (2) Prevent the use of nonfluorinated foams, including other class B fire-fighting foams,122 for purposes of training for fire-fighting operations.123 (c) Beginning on July 1, 2030, no person shall discharge, use, or cause to be used any124 firefighting equipment containing PFAS as an intentionally added chemical.125 (d) Beginning on July 1, 2030, no person or manufacturer shall distribute, sell, or offer for126 sale in this state any newly manufactured firefighting equipmen t containing PFAS as an127 intentionally added chemical unless it is accompanied by a legible and easily discernable128 disclosure with the statement 'Made with PFAS Chemicals,' including for online listings129 of products for sale.130 (e) No later than January 1, 2028, the division shall adopt ru les and regulations131 establishing standards for any fire department operating in thi s state to safely destroy132 firefighting equipment containing PFAS as an intentionally added chemical. In adopting133 such rules and regulations, the division shall take into consid eration any regulations or134 guidance issued by the United States Environmental Protection A gency, as of July 31,135 2027.136 (f) Beginning on July 1, 2028, no person shall destroy or dispose of firefighting equipment137 containing PFAS as an intentionally added chemical except as provided by any rules and138 regulations adopted by the division.139 (g)(1) Except as provided in paragraph (2) of this subsection, any person that violates140 subsection (c) of this Code section shall be liable for a civil penalty not to exceed141 $10,000.00 for each day that the violation persists, after such person is notified of the142 Commissioner's intent to impose a penalty and of the right to a hearing with respect to143 the same. The amount of any such penalty shall be fixed by the Commissioner.144 (2)(A) No person shall be held in violation of paragraph (1) of this subsection if such145 person relied in good faith upon representations of a manufactu rer that firefighting146 equipment did not contain PFAS as an intentionally added chemical.147 H. B. 909 - 6 - 25 LC 60 0094 (B) No individual firefighter shall be personally liable for payment of any civil penalty148 imposed under this subsection.149 (h) Any person or manufacturer that violates subsection (d) of this Code section shall be150 subject to a civil penalty of $100.00 per violation, after such person or manufacturer is151 notified of the Commissioner's intent to impose a penalty and of the right to a hearing with152 respect to the same. For the purposes of this subsection, each article of newly153 manufactured firefighting equipment that is distributed, sold, or offered for sale in this state154 in violation of subsection (d) shall constitute a separate violation.155 (i) Any person that violates subsection (f) of this Code section shall be subject to a civil156 penalty, not to exceed $10,000.00 per violation, after such per son is notified of the157 Commissioner's intent to impose a penalty and of the right to a hearing with respect to the158 same. The amount of any such penalty shall be fixed by the Commissioner."159 SECTION 5.160 Said title is further amended by adding new Code sections to read as follows:161 "25-2-42.162 (a) As used in this Code section, the term:163 (1) 'Council' means the Firefighter Health Advisory Council established pursuant to this164 Code section.165 (2) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.166 (3) 'PFAS' shall have the same meaning as set forth in Code Section 25-2-41.167 (b) There is established within the office of the Commissioner the Firefighter Health168 Advisory Council. The objective of the council shall be to mon itor current and future169 health risks impacting firefighters in this state and to provid e recommendations on170 solutions to mitigate such health risks, with a focus on the ef fects of exposure to PFAS. 171 All affected state agencies shall cooperate with the council in its efforts to meet such172 H. B. 909 - 7 - 25 LC 60 0094 objective. This subsection shall not be construed to authorize the council to perform any173 function currently performed by an affected state agency.174 (c) The council shall be composed of 12 members as follows:175 (1) The Commissioner or his or her designee, who shall serve as the chairperson;176 (2) The commissioner of public heath or his or her designee;177 (3) The commissioner of natural resources or his or her designee;178 (4) The director of the Georgia Emergency Management and Homeland Security Agency179 or his or her designee;180 (5) One representative from the Georgia Association of Fire Ch iefs, appointed by the181 Governor;182 (6) One representative from the Georgia State Firefighters Association, appointed by the183 Lieutenant Governor;184 (7) One representative from a state-wide labor organization re presenting firefighters,185 appointed by the Speaker of the House of Representatives;186 (8) One representative from a medical or research institution experienced in occupational187 health, appointed by the Governor;188 (9) One representative from the insurance industry experienced in firefighter related189 claims, appointed by the Lieutenant Governor;190 (10) One firefighter with at least ten years of experience as a full-time firefighter,191 appointed by the Speaker of the House of Representatives;192 (11) One firefighter with at least ten years of experience as a volunteer firefighter,193 appointed by the Governor; and194 (12) One representative from the general public with a proven interest in firefighter195 health and safety, appointed by the Governor.196 (d) On or before October 1, 2025:197 (1) The Governor shall appoint the first members of the counci l pursuant to198 paragraphs (5), (8), (11), and (12) of subsection (c) of this Code section;199 H. B. 909 - 8 - 25 LC 60 0094 (2) The Lieutenant Governor shall appoint the first members of the council pursuant to200 paragraphs (6) and (9) of subsection (c) of this Code section; and201 (3) The Speaker of the House of Representatives shall appoint the first members of the202 council pursuant to paragraphs (7) and (10) of subsection (c) of this Code section.203 (e) All members of the council appointed by the Governor shall serve terms of four years,204 and all members of the council appointed by the Lieutenant Governor or the Speaker of the205 House of Representatives shall serve terms of two years. All a ppointed members shall206 serve until the appointment of his or her successor. Successors to appointed members shall207 be appointed in the same manner as original appointments. Vacancies shall be filled in the208 same manner as the original appointments. Each appointed membe r shall be eligible to209 succeed himself or herself; provided, however, that no member shall serve more than four210 consecutive terms on the council.211 (f) Each member of the council shall be a citizen of the United States and a resident of the212 State of Georgia.213 (g) Subject to available funding, the council shall:214 (1) Develop a health program focused on monitoring and reducin g the harmful health215 effects of exposure to PFAS with respect to firefighters, to be called the Firefighter PFAS216 Initiative. The purposes and duties of such program shall be to:217 (A) Aggregate and maintain data related to PFAS contamination levels at covered sites218 collected pursuant to Code Section 12-2-12;219 (B) Aggregate and maintain PFAS related health data on firefighters collected pursuant220 to Code Section 25-2-43;221 (C) Synthesize existing studies, reports, and data related to PFAS with any data222 collected pursuant to subparagraphs (A) and (B) of this paragraph to identify and track223 health condition incidence and health trends among firefighters;224 (D) Collaborate with other health related state entities, including, but not limited to, the225 Department of Public Health, the Department of Community Health , and the226 H. B. 909 - 9 - 25 LC 60 0094 Environmental Protection Division of the Department of Natural Resources, to support227 and integrate with existing initiatives and programs related to monitoring and mitigating228 the harmful effects of PFAS; and229 (E) Provide annual public forums to present key findings of th e Firefighter PFAS230 Initiative and gather community feedback;231 (2) Identify any significant health risks, other than PFAS exposure, affecting firefighters232 in this state and develop innovative recommendations for addressing such health risks;233 and234 (3) On or before December 1 of each year, file a report to the Governor and the General235 Assembly, including a summary of the council's key findings and recommendations, if236 any, for legislative changes with respect to reducing significa nt health risks affecting237 firefighters.238 (h) The council shall convene at least quarterly or at such other frequency as determined239 by the chairperson.240 (i) The council shall be empowered to use subcommittees as it deems necessary to carry241 out its duties and responsibilities. Members of such subcommittees shall be knowledgeable242 of the subject matter with which the subcommittee is concerned and shall be appointed by243 the chairperson of the council upon the recommendation of the council.244 (j) Members of the council shall serve without compensation bu t shall receive the same245 expense allowance as that received by members of the General As sembly and the same246 mileage allowance for the use of a personal car or a travel all owance of actual247 transportation cost if traveling by public carrier as that received by all other state officials248 and employees. The funds for such expenses and allowances shal l be paid from funds249 appropriated or available to the council.250 (k) The council is authorized to accept donations, gifts, property, and other contributions251 and to use the same for the purposes of carrying out this Code section.252 H. B. 909 - 10 - 25 LC 60 0094 25-2-43.253 (a) As used in this Code section, the term:254 (1) 'Laboratory' means any institution that conducts PFAS blood testing.255 (2) 'PFAS blood testing' shall have the same meaning as set fo rth in Code256 Section 25-3-23.257 (b) Firefighter participation in the Firefighter PFAS Initiati ve, established pursuant to258 paragraph (1) of subsection (g) of Code Section 25-2-42, shall be voluntary. Any259 laboratory conducting PFAS blood testing on a firefighter shall obtain written informed260 consent from such firefighter prior to sharing the health infor mation set forth in261 subsection (c) of this Code section.262 (c) Subject to subsection (b) of this Code section, each laboratory in this state shall report263 biannually to the Firefighter Health Advisory Council within th e office of the264 Commissioner concerning PFAS health metrics established by such council as reasonably265 necessary to implement the Firefighter PFAS Initiative.266 (d) Each laboratory in this state shall forward data collected from PFAS blood testing to267 the Firefighter Health Advisory Council in a form and manner to be determined by the268 Firefighter Health Advisory Council, provided that any data forwarded shall be aggregated269 and shall not contain any identifying or confidential informati on with regard to any270 individual firefighter.271 (e) Notwithstanding anything to the contrary in this Code section, PFAS blood testing and272 reporting by any laboratory shall be conducted in a manner that ensures the privacy of the273 firefighter during the testing process and consistency with state and federal laws applicable274 to the confidentiality of health records."275 SECTION 6.276 Said title is further amended by revising subsection (b) of Code Section 25-3-23, relating to277 general requirements, equipment and clothing, and insurance, as follows: 278 H. B. 909 - 11 - 25 LC 60 0094 "(b)(1) A legally organized fire department shall provide and maintain sufficient insurance279 coverage on each member of the fire department to pay claims fo r injuries sustained en280 route to, during, and returning from fire calls or other emerge ncies and disasters and281 scheduled training sessions.282 (2)(A) As used in this paragraph, the term:283 (i) 'Cancer' means bladder, blood, brain, breast, cervical, es ophageal, intestinal,284 kidney, lymphatic, lung, prostate, rectal, respiratory tract, skin, testicular, and thyroid285 cancer; leukemia; multiple myeloma; or non-Hodgkin's lymphoma.286 (ii) 'Certified' shall have the same meaning as set forth in Code Section 31-22-1.287 (iii) 'Clinical laboratory' shall have the same meaning as set forth in Code288 Section 31-22-1.289 (ii)(iv) 'Firefighter' means a firefighter as defined shall have the same meaning as set290 forth in Code Section 25-4-2.291 (v) 'PFAS blood testing' means a measurement of the amount of perfluoroalkyl and292 polyfluoroalkyl substances in blood performed by a certified clinical laboratory and293 includes a physician's interpretation of the results.294 (iii)(vi) 'Volunteer' means a volunteer as defined shall have the same meaning as set295 forth in Code Section 25-4-2.296 (B) On and after January 1, 2018, a legally organized fire department shall provide and297 maintain sufficient insurance coverage on each member of the fire department who is298 a firefighter to pay claims for cancer diagnosed after having s erved 12 consecutive299 months as a firefighter in this state. Such insurance benefits shall include at minimum300 the following:301 (i)(I) A lump sum benefit of $25,000.00 subject to limitations specified in the302 insurance contract and based on severity of cancer and payable to such firefighter303 upon submission to the insurance carrier or other payor of acce ptable proof of304 diagnosis by a physician who is board certified in the medical specialty appropriate305 H. B. 909 - 12 - 25 LC 60 0094 for the type of cancer involved that there are one or more mali gnant tumors306 characterized by the uncontrollable and abnormal growth and spread of malignant307 cells with invasion of normal tissue and that:308 (a) Surgery, radiotherapy, or chemotherapy is medically necessary;309 (b) There is metastasis; or310 (c) The firefighter has terminal cancer, is expected to die within 24 months or less311 from the date of diagnosis, and will not benefit from, or has exhausted, curative312 therapy; or313 (II) A lump sum benefit of $6,250.00 subject to limitations sp ecified in the314 insurance contract and based on severity of cancer and payable to such firefighter315 upon submission to the insurance carrier or other payor of acce p t a b l e p r o of o f316 diagnosis by a physician who is board certified in the medical specialty appropriate317 for the type of cancer involved that:318 (a) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy319 has been determined to be medically necessary;320 (b) There are malignant tumors which are treated by endoscopic procedures321 alone;322 (c) There are malignant melanomas; or323 ( d ) T h e r e i s a t u m o r o f t h e p r o s t a t e , p r o v i d e d t h a t i t i s t r e ated with radical324 prostatectomy or external beam therapy; and325 (ii) Payable as a result of a specific injury or illness to be gin six months after326 disability and submission to the insurance carrier or other payor of acceptable proof327 of disability precluding service as a firefighter and continuin g for up to 36328 consecutive monthly payments:329 (I) A monthly benefit equal to 60 percent of the member's mont hly salary as an330 employed firefighter with the fir e department or a monthly bene fit of $5,000.00,331 whichever is less; or332 H. B. 909 - 13 - 25 LC 60 0094 (II) If the member is a volunteer, a monthly benefit of $1,500.00.333 The benefit under subdivision (I) or (II) of this division, as applicable, shall be334 subordinate to any other benefit actually paid to the firefighter for such disability from335 any other source, not including insurance purchased solely by the firefighter, and shall336 be limited to the difference between the amount of such other p aid benefit and the337 amount specified under subdivision (I) or (II) of this division, as applicable.338 (C) The combined total of all benefits received by any firefig hter under339 subdivisions (B)(i)(I) and (B)(i)(II) of this paragraph during his or her lifetime shall not340 exceed $50,000.00.341 (D) Beginning on July 1, 2026, a legally organized fire department shall provide and342 maintain sufficient insurance coverage for each member of the fire department who is343 a firefighter to pay claims for PFAS blood testing after having served 12 consecutive344 months as a firefighter in this state.345 (D)(E) With the exception of the benefit under subdivision (B)(ii)(I) of this paragraph,346 any person who was simultaneously a member of more than one fire department at the347 time of diagnosis shall not be entitled to receive benefits under this paragraph from or348 on behalf of more than one of such fire departments. In the ev ent a volunteer of one349 fire department is simultaneously employed by another fire depa rtment, the fire350 department for which such person is a volunteer shall not be required to maintain the351 coverage on such volunteer otherwise required under this subsection during the period352 of such employment. Any member who receives benefits under div ision (ii) of353 subparagraph (B) of this paragraph may be required to have his or her condition354 reevaluated; in the event any such reevaluation reveals that such person has regained355 the ability to perform duties as a firefighter, then his or her benefits under division (ii)356 of subparagraph (B) of this paragraph shall cease. Benefits un der said division shall357 also cease upon the death of such person. A member who, after at least one year as a358 firefighter with any legally organized fire department, departs from employment, ceases359 H. B. 909 - 14 - 25 LC 60 0094 to be an active volunteer, or retires shall be entitled to cont inue his or her coverages360 under this paragraph through a continuation or conversion to individual coverage. The361 departing member shall be responsible for payment of all premiums.362 (E)(F) In addition to any other purpose authorized under Chapter 8 of Title 33, county363 governing authorities and municipal governing authorities may u se proceeds from364 county and municipal taxes imposed under said chapter for purpo ses of providing365 insurance pursuant to this paragraph.366 (F)(G) Funds received as premiums for the coverages specified in this paragraph shall367 not be subject to premium taxes under Chapter 8 of Title 33.368 (G)(H) The computation of premium amounts by an insurer for the cove rages under369 this paragraph shall be subject to generally accepted adjustmen ts from insurance370 underwriting."371 SECTION 7.372 Said title is further amended in Chapter 7, relating to the Georgia Fire Academy, by revising373 paragraph (2) of Code Section 25-7-2, relating to creation and purpose of the academy, as374 follows:375 "(2) To provide professional training to paid, volunteer, and other publicly or privately376 employed firefighters at a minimal cost to them and their employers, including, but not377 limited to, annual training related to PFAS exposure risks and mitigation;"378 SECTION 8.379 Said title is further by revising Code Section 25-7-3, relating to "board" defined, as follows:380 "25-7-3.381 As used in this chapter, the term:382 (1) 'Board' 'board' means the Board of Public Safety.383 H. B. 909 - 15 - 25 LC 60 0094 (2) 'Perfluoroalkyl and polyfluoroalkyl substances' or 'PFAS' shall have the same384 meaning as set forth in Code Section 25-2-41."385 SECTION 9.386 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by387 adding a new Code section to read as follows: 388 "33-29-3.5.389 (a) As used in this Code section, the term:390 (1) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.391 (2) 'PFAS blood testing' shall have the same meaning as set fo rth in Code392 Section 25-3-23.393 (3) 'Policy' means any benefit plan, contract, or policy except a disability income policy,394 specified disease policy, or hospital indemnity policy.395 (b) Policies subject to this Code section shall contain covera ge for PFAS blood testing396 performed with at least the following frequency:397 (1) Once as a baseline for any firefighter who has served at least 12 consecutive months398 but fewer than 24 consecutive months as a firefighter in this state; or399 (2) Once every year for any firefighter who has served at leas t 24 consecutive months400 as a firefighter in this state.401 (c) Each insurer authorized to issue an individual accident and sickness insurance policy402 in this state which includes coverage for any firefighter shall include as part of or as a403 required endorsement to each such policy which is issued, delivered, issued for delivery,404 or renewed coverage for PFAS blood testing for the covered fire fighters who meet the405 minimum requirements of this Code section.406 (d) The coverage required under subsection (c) of this Code section may be subject to such407 exclusions, reductions, or other limitations as to coverages, d eductibles, or coinsurance408 provisions as may be approved by the Commissioner.409 H. B. 909 - 16 - 25 LC 60 0094 (e) Nothing in this Code section shall be construed to prohibit the issuance of individual410 accident and sickness insurance policies which provide benefits greater than those required411 by subsection (c) of this Code section or more favorable to the insured than those required412 by subsection (c) of this Code section.413 (f) The provisions of this Code section shall apply to individ ual accident and sickness414 insurance policies issued by a fraternal benefit society, a hea lthcare plan, a health415 maintenance organization, or any similar entity.416 (g) Nothing contained in this Code section shall be deemed to prohibit the payment of417 different levels of benefits or from having differences in coin surance percentages418 applicable to benefit levels for services provided by preferred and nonpreferred providers419 as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating420 to preferred provider arrangements."421 SECTION 10.422 Said title is further amended by adding a new Code section to read as follows: 423 "33-30-4.6.424 (a) As used in this Code section, the term:425 (1) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.426 (2) 'PFAS blood testing' shall have the same meaning as set fo rth in Code427 Section 25-3-23.428 (3) 'Policy' means any benefit plan, contract, or policy except a disability income policy,429 specified disease policy, or hospital indemnity policy.430 (b) Policies subject to this Code section shall contain covera ge for PFAS blood testing431 performed with at least the following frequency:432 (1) Once as a baseline for any firefighter who has served at least 12 consecutive months433 but fewer than 24 consecutive months as a firefighter in this state; or434 H. B. 909 - 17 - 25 LC 60 0094 (2) Once every year for any firefighter who has served at leas t 24 consecutive months435 as a firefighter in this state.436 (c) Each insurer authorized to issue a group accident and sickness insurance policy in this437 state which includes coverage for any firefighter shall include as part of or as a required438 endorsement to each such policy which is issued, delivered, issued for delivery, or renewed439 coverage for PFAS blood testing fo r the covered firefighters wh o meet the minimum440 requirements of this Code section.441 (d) The coverage required under subsection (c) of this Code section may be subject to such442 exclusions, reductions, or other limitations as to coverages, d eductibles, or coinsurance443 provisions as may be approved by the Commissioner.444 (e) Nothing in this Code section shall be construed to prohibi t the issuance of group445 accident and sickness insurance policies which provide benefits greater than those required446 by subsection (c) of this Code section or more favorable to the insured than those required447 by subsection (c) of this Code section.448 (f) The provisions of this Code section shall apply to group a ccident and sickness449 insurance policies issued by a fraternal benefit society, a hea lthcare plan, a health450 maintenance organization, or any similar entity.451 (g) Nothing contained in this Code section shall be deemed to prohibit the payment of452 different levels of benefits or from having differences in coin surance percentages453 applicable to benefit levels for services provided by preferred and nonpreferred providers454 as otherwise authorized under the provisions of Article 2 of th is chapter, relating to455 preferred provider arrangements."456 SECTION 11.457 All laws and parts of laws in conflict with this Act are repealed.458 H. B. 909 - 18 -