Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensation

More PTSD diagnosis options for first responders

West Virginia expands who can diagnose first responders’ post-traumatic stress disorder (PTSD) for workers’ compensation and removes the coverage’s end date. Certified mental health nurse practitioners and certified psychiatric physician assistants can now make qualifying diagnoses, alongside licensed psychiatrists. Eligible first responders include law enforcement officers, firefighters, emergency medical technicians, paramedics, and emergency dispatchers. Coverage still depends on the employer choosing PTSD coverage through workers’ compensation insurance or self-insurance. PTSD must result from events during covered paid or volunteer work. The diagnosis must occur on or after July 1, 2021, or the start of the employer’s next policy or self-insurance term with PTSD coverage, whichever is later. Claims must be filed within three years after the diagnosing professional makes the worker aware of the diagnosis. Good-faith layoffs, firings, discipline, and similar employer actions cannot count toward the diagnosis. Treatment must come from a licensed mental health provider other than the diagnosing professional. Diagnostic standards follow DSM-5 or a later edition adopted by the Insurance Commissioner. The act takes effect 90 days after enactment.