Bill Text: NY A05727 | 2017-2018 | General Assembly | Introduced
Bill Title: Includes workers' compensation benefits among the lump sum payments subject to the lien of the department of social services for repayment of public assistance.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2018-01-03 - referred to social services [A05727 Detail]
Download: New_York-2017-A05727-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5727 2017-2018 Regular Sessions IN ASSEMBLY February 14, 2017 ___________ Introduced by M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Social Services AN ACT to amend the social services law and the workers' compensation law, in relation to liens for public assistance and care on workers' compensation benefit claims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of section 104-b of the social 2 services law, as added by chapter 382 of the laws of 1964 and such 3 section as renumbered by chapter 550 of the laws of 1971, is amended to 4 read as follows: 5 This section shall [not] apply to any claim or award which is or may 6 be allowed pursuant to the provisions of the [workmen's] workers' 7 compensation law [or] but shall not apply to claims or awards pursuant 8 to the volunteer [firemen's] firefighters' benefit law or the volunteer 9 ambulance workers' benefit law. 10 § 2. Section 33 of the workers' compensation law, as amended by chap- 11 ter 275 of the laws of 1988, is amended to read as follows: 12 § 33. Assignments; exemptions. Compensation or benefits due under this 13 chapter shall not be assigned, released or commuted except as provided 14 by this chapter, and shall be exempt from all claims of creditors and 15 from levy, execution and attachment or other remedy for recovery or 16 collection of a debt, which exemption may not be waived provided, howev- 17 er, that compensation or benefits other than payments pursuant to 18 section thirteen of this chapter shall be subject to application to an 19 income execution or order for support enforcement pursuant to section 20 fifty-two hundred forty-one or fifty-two hundred forty-two of the civil 21 practice law and rules; and further provided, however, that compensation 22 and/or benefits shall be subject to any claim or action for public 23 assistance and care pursuant to section one hundred four-b of the social 24 services law which is filed by a social services official with the board EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08548-01-7A. 5727 2 1 for reimbursement out of the proceeds of the award for that portion of 2 the covered period for which public assistance and care was paid to or 3 on behalf of the employee. A workers' compensation insurer or self 4 insured employer liable for payment of the award must receive, before 5 such award is made, a copy of the claim for reimbursement from the board 6 chairman or the social services official who paid public assistance and 7 care or the board's decision and award must direct such reimbursement 8 therefrom. Compensation and benefits shall be paid only to employees or 9 their dependents, except as hereinafter in this chapter provided. In the 10 case of the death of an injured employee to whom there was due at the 11 time of his or her death any compensation under the provisions of this 12 chapter, the amount of such compensation shall be payable to the surviv- 13 ing spouse, if there be one, or, if none, to the surviving child or 14 children of the deceased under the age of eighteen years, and if there 15 be no surviving spouse or children, then to the dependents of such 16 deceased employee or to any of them as the board may direct, and if 17 there be no surviving spouse, children or dependents of such deceased 18 employee, then to his estate. An award for disability may be made after 19 the death of the injured employee. 20 § 3. Paragraph 1 of subdivision (d) of section 13 of the workers' 21 compensation law, as amended by chapter 419 of the laws of 2000, is 22 amended to read as follows: 23 (1) In the event that an insurer [or], health benefits plan or a 24 social services district makes payments for medical and/or hospital 25 services for or on behalf of an injured employee they shall be entitled 26 to be reimbursed for such payments by the carrier or employer within the 27 limits of the medical and hospital fee schedules if the board determines 28 that the claim is compensable. For the purposes of this section, an 29 insurer or health benefits plan includes a medical expense indemnity 30 corporation, a health or hospital service corporation, a commercial 31 insurance company licensed to write accident and health insurance in the 32 state of New York, a social services district, a health maintenance 33 organization operating in accordance with article forty-three of the 34 insurance law or article forty-four of the public health law, or a self- 35 insured or self-funded health care benefits plan operated by, or on 36 behalf of, any business, municipality or other entity (including an 37 employee welfare fund as defined in article forty-four of the insurance 38 law or any other union trust fund or union health benefits plan). 39 Notwithstanding any other provision of law, in no event shall the carri- 40 er or employer be required to reimburse the insurer [or], health bene- 41 fits plan or a social services district, in an amount greater than the 42 amount paid for medical and hospital services for or on behalf of the 43 injured employer by such corporation or company[;] or a social services 44 district, provided, however, if the carrier or employer does not reim- 45 burse the insurer [or], health benefits plan or a social services 46 district, within thirty days after the board determines that the claim 47 is compensable, the carrier or employer shall reimburse the insurer 48 [or], health benefits plan or a social services district, at the amount 49 the carrier or employer would be obligated to reimburse the hospital or 50 other provider of medical services if the carrier or employer made 51 payment directly to the provider of medical and/or hospital services 52 pursuant to this chapter (or, in the case of inpatient hospital 53 services, pursuant to paragraphs (b) and (b-1) of subdivision one of 54 section twenty-eight hundred seven-c of the public health law). Upon 55 reimbursement to the insurer [or], health benefits plan or a social 56 services district, pursuant to this subdivision, the carrier or employerA. 5727 3 1 shall be relieved of liability for the medical and/or hospital services 2 for which payment has been made by the insurer [or], health benefits 3 plan or a social services district. 4 § 4. This act shall take effect January 1, 2019.