James “Dustin” Samples Act: Presumption and Grant

Benefits of the Program

• Burden of Proof: The James “Dustin” Staples Act creates a presumption that a diagnosis of PTSD by a mental health professional within a year of the firefighter’s last day of employment is work-related. This simplifies the process for firefighters to receive workers’ compensation benefits for PTSD.
• Financial Assistance: This grant can provide significant financial relief for fire departments.
• Mental Health Awareness: The program requires employers to provide mental health awareness training for their firefighters. Facilitating this proactive training can help firefighters identify and manage stress, depression, anxiety, and other mental health concerns. This could potentially reduce the number of PTSD cases and improve overall mental health.

Firefighter Eligibility Requirements 

To be eligible for the PTSD presumption, a firefighter:

• Must be a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state.
• Must have responded to and be actively engaged in fire suppression, rescue services, or other emergency response tasks;
• Must have been exposed to at least one of the following:
  • Directly witnessing the death of a minor or treating the injury of a minor who subsequently died before or upon arrival at a hospital emergency department;
  • Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience;
  • Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or
  • Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died.
• Must be diagnosed with post-traumatic stress disorder within one (1) year of the firefighter's final date of employment with the employer fire department.
• Must not have an injury that involves a mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer.

Grant to Employers to Offset the Cost

The Act authorizes the awarding of grants to employers, or to the workers’ compensation benefits providers of employers, to offset the costs of the presumption. To be eligible for a grant, an employing fire department must provide mental health awareness training for its personnel that includes training on the following topics:

• Understanding the signs and symptoms of stress, depression, anxiety, psychological trauma, complex trauma, and addiction;
• Understanding, navigating, and reducing mental health stigma;
• Utilizing appropriate de-escalation strategies; and
• Managing stress, using self-care techniques, developing coping skills, and promoting resiliency.

Grants will be awarded on a claim-by-claim basis. 

Fire Marshal Approved Training

The Tennessee State Fire Marshal’s Office must verify mental health awareness training compliance. Employers may use a training program developed by another entity that satisfies these requirements. For example, if Municipal Technical Advisory Service (MTAS) develops this training, covered fire departments may use the training developed by MTAS. A firefighter who receives mental health awareness training shall be granted continuing education credits for such training. To request approval of your mental health awareness training program, submit an FFC-Dustin Samples Course Submission form through Acadis.

Employer Eligibility Factors

The employer (or workers’ compensation benefit provider) requesting reimbursement must:

• Show the injured firefighter was employed by a municipality, county or political subdivision, that employs firefighters for the purpose of suppressing fires, performing rescue services, or other emergency response purposes,
• Show proper documentation that confirms employer has accepted the diagnosis of PTSD for an eligible firefighter as compensable,
• Show the fire department provided mental health awareness training for its personnel as defined in Tenn Code Ann § 50-6-111(e)(1) that has been verified by the State Fire Marshall’s office,
• Confirm treatment has been provided by a qualified mental health professional and
• Submit an application no later than 180 days after a written final order from a court of proper jurisdiction evidencing conclusion of the disability portion of the claim.

Grant Payments

The Administrator will determine how grant funds are distributed.  The total amount paid to any eligible employer (or workers’ compensation benefits provider) must not exceed $100,000 in a single fiscal year (July 1- June 30) and must not exceed the total sum of $250,000 per employer who participates in this program. The total aggregate amount to be paid from the program is limited to the monies available to the program and applicable for dates of injury between January 1, 2024 and December 31, 2028.

Qualified Mental Health Professional

The Tennessee Public Safety Behavioral Health Act requires public safety employers to provide not less than ten (10) visits to sessions with a mental health service provider as defined in the act.