PRINTER'S NO. 265
No. 268 Session of 2001
INTRODUCED BY GEORGE, THOMAS, DeWEESE, BELARDI, M. COHEN, CRUZ,
LAUGHLIN, CAWLEY, FREEMAN, WOJNAROSKI, DERMODY, BENNINGHOFF,
YOUNGBLOOD, BELFANTI, CURRY, SHANER, STEELMAN, COY AND
DeLUCA, JANUARY 29, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 29, 2001
AN ACT
1 Authorizing payments to certain persons with occupational
2 respiratory disease; establishing the Occupational
3 Respiratory Disease Interim Coverage Fund; providing for the
4 powers and duties of the Department of Health; and making an
5 appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Occupational
10 Respiratory Disease Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Master Settlement Agreement." The settlement agreement and
16 related documents entered into on November 23, 1998, by the
17 Commonwealth and leading United States tobacco product
18 manufacturers and approved by the court in Commonwealth v.
1 Philip Morris, April Term 1997, No. 2443 (C.P. Philadelphia
2 County), on January 13, 1999.
3 "Occupational respiratory disease." Coal workers
4 pneumoconiosis or a related respiratory disease caused by
5 inhaling coal dust or other harmful airborne particles for
6 prolonged periods in an occupational setting.
7 Section 3. Payment for persons with occupational respiratory
8 disease.
9 The Department of Health shall utilize a portion of the funds
10 received by the Commonwealth from the Master Settlement
11 Agreement to provide grants to assist persons medically
12 diagnosed as suffering from an occupational respiratory disease
13 or their survivors, but who have been denied a claim for
14 benefits under the Black Lung Benefits Act (Public Law 91-173,
15 83 Stat. 792), the act of June 2, 1915 (P.L.736, No.338), known
16 as the Workers' Compensation Act and the Social Security Act (49
17 Stat. 620, 42 U.S.C. § 301 et seq.), at least, in part, because
18 the condition was also determined to have been the result of
19 smoking.
20 Section 4. Eligibility.
21 An individual with occupational respiratory disease or his
22 survivor shall be eligible for a grant if the individual:
23 (1) has been medically diagnosed as suffering from an
24 occupational respiratory disease as a result of prolonged
25 occupational exposure to coal dust or other harmful airborne
26 particles; and
27 (2) was denied a claim for benefits under the Black Lung
28 Benefits Act (Public Law 91-173, 83 Stat. 792), the act of
29 June 2, 1915 (P.L.736, No.338), known as the Workers'
30 Compensation Act and the Social Security Act (49 Stat. 620,
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1 42 U.S.C. § 301 et seq.), at least, in part, because his
2 condition was also determined to have been the result of
3 smoking.
4 Section 5. Occupational Respiratory Disease Interim Coverage
5 Fund.
6 The Occupational Respiratory Disease Interim Coverage Fund is
7 hereby established as a separate fund in the State Treasury. The
8 moneys of the fund are appropriated on a continuing basis to
9 carry out the provisions of this act.
10 Section 6. Regulations.
11 The Department of Health shall administer this act and shall
12 promulgate rules, regulations and standards for its proper
13 enforcement and administration.
14 Section 7. Appropriation.
15 The sum of $4,000,000 is hereby appropriated from the moneys
16 received by the Commonwealth from the Master Settlement
17 Agreement and shall be transferred to the Occupational
18 Respiratory Disease Interim Coverage Fund to carry out the
19 provisions of this act.
20 Section 8. Effective date.
21 This act shall take effect as follows:
22 (1) Section 7 shall take effect July 1, 2001, or
23 immediately, whichever is later.
24 (2) This section shall take effect immediately.
25 (3) The remainder of this act shall take effect in 60
26 days.
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