HB2626: Line of Duty Act; investigation of claims by police departments and sheriffs offices.

HOUSE BILL NO. 2626
Offered January 23, 2009
A BILL to amend and reenact 9.1-403 of the Code of Virginia, relating to the Line of Duty Act; investigation of claims; police departments and sheriff's offices.
Patrons-- Byron; Senators: Hurt and Newman

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That 9.1-403 of the Code of Virginia is amended and reenacted as follows:

9.1-403. Claim for payment; costs.

A. Every beneficiary, disabled person or his spouse, or dependent of a deceased or disabled person shall present his claim to the chief officer, or his designee, of the appropriate division or department that last employed the deceased or disabled person on forms to be provided by the State Comptroller's office.

B. In the case of a police department or a sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof, the chief officer, or his designee, of such department or office shall investigate and report upon the circumstances surrounding the deceased or disabled person and report his findings to the Comptroller within 10 business days after completion of the investigation. Any chief officer, in his discretion, may submit a request to the Superindent of the Department of State Police to perform the investigation pursuant to subsection C.

C. TheIn all other cases, upon receipt of the claim the chief officer, or his designee, of the appropriate division or department shall submit a request to the Superintendent of the Department of the State Police, who shall investigate and report upon the circumstances surrounding the deceased or disabled person, calling upon the additional information and services of any other appropriate agents or agencies of the Commonwealth. The Superintendent, or his designee, shall report his findings to the Comptroller within ten10 business days after completion of the investigation. The Department of State Police shall take action to conduct the investigation as expeditiously as possible. The Department shall be reimbursed for the cost of investigations conducted pursuant to this section from the appropriate employer that last employed the deceased or disabled employee.

B.D. Within 10 business days of being notified by an employee, or an employee's representative, that such employee is permanently and totally disabled due to a work-related injury suffered in the line of duty, the agency or department employing the disabled person shall provide him with information about the continued health insurance coverage provided under this act and the process for initiating a claim. The employer shall assist in filing a claim, unless such assistance is waived by the employee or the employee's representative.