A Georgia law that became effective January 1 creates new coverage requirements and mental health benefits that could impact school districts and certain of their employees.  

Georgia House Bill 451, known as the Ashley Wilson Act, applies to employees of public entities who meet the definition of first responders pursuant to the act. The act requires these public entity employers to reimburse lost wages and provide treatment for post-traumatic stress disorder (PTSD) for employee first responders who experience (or are exposed to) a traumatic event during the regular course of their employment. The employee must have received a PTSD diagnosis arising from such experience or exposure no later than two years after the traumatic event. The employee also must meet the definition of a first responder, as detailed below. The benefits provided to employees pursuant to the act are not intended to reimburse, disrupt, or replace coverage for mental health treatment under medical insurance, workers' compensation, or any other insurance mechanism. 

Public entities defined in the act include school districts, independent school districts, or other local school systems in this state. The act requires the employer to maintain sufficient policy coverage on each of its first responders that provides for applicable medical treatment benefits and income replacement disability benefits. 

Under the act, first responders include a number of positions outlined in various Georgia statutes, such as:

• Communications officer
   
• Correctional officer
   
• Emergency medical professionals and technicians
   
• Peace officer

While most educational jobs likely will not meet the definitions of a first responder under the act, school nurses and school police officers employed directly by school districts may qualify.

The volunteer component of the act is also notable for school districts. It is not uncommon for school employees to volunteer for after-school events and activities, outside of their normal workday. The inclusion of "volunteer duties" within the act suggests a traumatic event that occurs during such an activity may result in benefits being owed. Unlike a work-related injury, which must arise in the course and scope of employment, first responders may become eligible for benefits under the act while off the clock. 

Notably, the act does not alter the applicability of the workers' compensation statute or create any different responsibility regarding psychological treatment and/or indemnity benefits under workers' compensation. Treatment provided under the act is separate from workers' compensation coverage and cannot be issued through a workers' compensation policy.  Additionally, employees receiving their regular wages or indemnity benefits pursuant to the workers' compensation statutes are not eligible for lost wage benefits pursuant to the act. 

To ensure compliance, school districts should analyze their positions to determine what employees fall within the definition of a first responder and ensure the appropriate amount of coverage is maintained. School districts should also keep their obligations under the act in mind whenever revising job descriptions or creating new job postings. Consider partnering with outside general counsel to get further assistance regarding how this new law may impact your obligations. 

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