Bill Text: NY A04748 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides certified volunteer emergency medical technicians enhanced cancer disability benefits and death benefits for certain cancers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to local governments [A04748 Detail]
Download: New_York-2021-A04748-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4748 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. STERN -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to providing volunteer emergency medical technician enhanced cancer disability benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 205-ccc to read as follows: 3 § 205-ccc. Volunteer emergency medical technician enhanced cancer 4 disability benefits. A legally organized ambulance district, department 5 or company shall provide and maintain for each eligible volunteer emer- 6 gency medical technician, an enhanced cancer disability benefit insur- 7 ance program. 8 1. As used in this section: 9 a. "Eligible volunteer emergency medical technician" means: 10 (i) A volunteer emergency medical technician having five or more years 11 of faithful and actual service in emergency medical treatment who 12 successfully passed a physical examination on entry to service, which 13 examination failed to reveal any evidence of cancers as defined in para- 14 graph b of this subdivision; and 15 (ii) Having submitted proof of five years of service by providing 16 verification that he or she has met minimum standards for certification 17 as an emergency medical technician under section three thousand two of 18 the public health law. 19 b. "Cancer" means: 20 (i) A disease caused by an uncontrolled division of abnormal cells in 21 a part of the body or a malignant growth or tumor resulting from the 22 division of abnormal cells; and 23 (ii) Affecting the prostate or breast, lymphatic, hematological, 24 digestive, urinary, neurological, or reproductive systems, or melanoma. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06774-01-1A. 4748 2 1 2. An eligible volunteer emergency medical technician shall be enti- 2 tled to payment of enhanced cancer benefits as follows: 3 a. A lump sum benefit of twenty-five thousand dollars for each diagno- 4 sis payable to such emergency medical technician upon acceptable proof 5 to the insurance carrier or other payor of a diagnosis by a board certi- 6 fied physician in the medical specialty appropriate for the type of 7 cancer diagnosed that there are one or more malignant tumors character- 8 ized by the uncontrollable and abnormal growth and spread of malignant 9 cells with invasion of normal tissue and that either: 10 (i) There is metastasis; and 11 (1) surgery, radiotherapy, or chemotherapy is medically necessary; or 12 (2) there is a tumor of the prostate, provided that it is treated with 13 radical prostatectomy or external beam therapy; or 14 (ii) The emergency medical technician has terminal cancer, his or her 15 life expectancy is twenty-four months or less from the date of diagno- 16 sis, and will not benefit from, or has exhausted, curative therapy. 17 b. A lump sum benefit of six thousand two hundred fifty dollars for 18 each diagnosis payable to such emergency medical technician upon accept- 19 able proof to the insurance carrier or other payor of a diagnosis by a 20 board certified physician in the medical specialty appropriate for the 21 type of cancer involved that either: 22 (i) There is carcinoma in situ such that surgery, radiotherapy, or 23 chemotherapy has been determined to be medically necessary; 24 (ii) There are malignant tumors which are treated by endoscopic proce- 25 dures alone; or 26 (iii) There are malignant melanomas. 27 c. A monthly benefit of one thousand five hundred dollars, of which 28 the first payment shall be made six months after total disability and 29 submission of acceptable proof of said disability to the insurance 30 carrier or other payor that such disability is caused by cancer and that 31 such cancer precludes the emergency medical technician from performing 32 his or her duties in that service. Such benefit shall continue for up to 33 thirty-six consecutive monthly payments. 34 (i) Such monthly benefit shall be subordinate to any other benefit 35 actually paid to the emergency medical technician solely for such disa- 36 bility from any other source, not including private insurance purchased 37 solely by the emergency medical technician, and shall be limited to the 38 difference between the amount of such other paid benefit and the amount 39 specified herein; and 40 (ii) Any emergency medical technician receiving such monthly benefits 41 may be required to have his or her condition reevaluated. In the event 42 any such reevaluation reveals that such person has regained the ability 43 to perform duties as an emergency medical technician, then his or her 44 monthly benefits shall cease the last day of the month of reevaluation. 45 (iii) In the event that there is a subsequent reoccurrence of a disa- 46 bility caused by cancer which precludes the emergency medical technician 47 from performing his or her duties, he or she shall be entitled to 48 receive any remaining monthly payments. 49 d. An eligible volunteer emergency medical technician shall also be 50 entitled to an additional payment of enhanced cancer death benefits in 51 the amount of fifty thousand dollars which is payable to such volunteer 52 or his or her beneficiary upon acceptable proof by a board certified 53 physician that such emergency medical technician's death resulted from 54 complications associated with cancer.A. 4748 3 1 e. Provided however, an eligible volunteer emergency medical techni- 2 cian shall be ineligible for these benefits if they are already provided 3 paid benefits under this article. 4 3. The combined total of all benefits received by any eligible volun- 5 teer emergency medical technician pursuant to paragraphs a and b of 6 subdivision two of this section during his or her lifetime shall not 7 exceed fifty thousand dollars. 8 4. An eligible volunteer emergency medical technician shall remain 9 eligible for benefits pursuant to paragraphs a, b and d of subdivision 10 two of this section for sixty months after the formal cessation of the 11 volunteer emergency medical technician's status as an active volunteer 12 emergency medical technician. The ambulance district, department or 13 company in which such emergency medical technician served shall be 14 responsible for payment of all premiums or other costs associated with 15 benefits provided under paragraphs a, b and d of subdivision two of this 16 section throughout the duration of the eligible volunteer emergency 17 medical technician's coverage. 18 5. An ambulance district, department or company shall, no later than 19 January first, two thousand twenty-two, show proof of insurance coverage 20 that meets the requirements of this section or shall show satisfactory 21 proof of the ability to pay such compensation to ensure adequate cover- 22 age for all eligible volunteer emergency medical technicians. Such 23 coverage shall remain in effect until sixty months after the ambulance 24 district, department or company no longer has any volunteer emergency 25 medical technicians who could qualify for this benefit. 26 6. Any ambulance district, department or company that has had a volun- 27 teer emergency medical technician file a claim for or receive an 28 enhanced cancer disability benefit under the provisions of this section 29 shall report such claims filed, claims paid and types of claims to the 30 New York state emergency medical services council. Beginning on January 31 first, two thousand twenty-three, New York state emergency medical 32 services council shall report annually to the governor, the temporary 33 president of the senate, the speaker of the assembly, the chair of the 34 senate finance committee and the chair of the assembly ways and means 35 committee the number of emergency medical technicians who have filed 36 claims pursuant to this section and the number of emergency medical 37 technicians who have received benefits under the provisions of this 38 section. 39 7. The New York state emergency medical services council, in consulta- 40 tion with the department of financial services and the workers' compen- 41 sation board, shall adopt such rules and regulations as are reasonable 42 and necessary to implement the provisions of this section. Such regu- 43 lations shall include the process by which an emergency medical techni- 44 cian files a claim for the enhanced cancer disability benefit, how the 45 beneficiary of such eligible volunteer emergency medical technician 46 files a claim for the enhanced cancer death benefit, the process by 47 which claimants can appeal a denial of benefits and what proof is deemed 48 acceptable to qualify for such benefits. 49 § 2. This act shall take effect immediately.
