Presumption Bill Passes Senate Committee

CSHB 1388, by Rep. Dwayne Bohac (R-Houston) was heard in the Senate Committee on State Affairs on May 7, 2015 and was reported favorably without amendments on May 8, 2015. The bill has been recommended for the local and consent calendar.

The bill only applies to firefighters and emergency medical technicians. As amended in its House committee the bill requires a person seeking to rebut the presumption of compensability offer a statement that describes in detail the evidence that the person reviewed before making the determination that a non-work-related factor caused the heart attack or stroke.

As amended, the bill also requires a carrier to include language on its PLN-1 that explains why it determined that the presumption does not apply and to describe the evidence that it reviewed in making that determination.