Bill Text: NY S01963 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or the captain or other executive officer of the ambulance department, volunteer ambulance company or ambulance district of which he or she is a member may authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Introduced) 2021-01-16 - REFERRED TO LOCAL GOVERNMENT [S01963 Detail]

Download: New_York-2021-S01963-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1963

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced by Sens. BROOKS, ADDABBO, BOYLE, GALLIVAN, GAUGHRAN, HOYLMAN,
          JORDAN,  KAMINSKY, KAPLAN, KENNEDY, MAY, ORTT, SERINO, SKOUFIS, THOMAS
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Local Government

        AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
          teer  ambulance workers' benefit law, in relation to COVID-19 exposure
          during a state of emergency

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  volunteer  firefighters'  benefit  law is amended by
     2  adding a new section 11-d to read as follows:
     3    § 11-d. COVID-19 exposure. 1. If, as a result of services performed in
     4  the line of duty during a state of emergency, a volunteer firefighter is
     5  exposed to or comes in contact with  COVID-19,  the  chief  engineer  or
     6  other  executive officer of the fire department or fire company of which
     7  he or she is a member may authorize the volunteer firefighter to  obtain
     8  such  examinations,  tests, treatment and care as are immediately neces-
     9  sary to determine whether he or she is injured. Any  such  authorization
    10  may  be  granted  prior  to  the giving of a notice of injury under this
    11  chapter. In any such case, the volunteer firefighter shall be deemed  to
    12  have  been injured and shall be entitled to treatment and care and disa-
    13  bility benefits as provided in this chapter.
    14    2. Notwithstanding any provision of this chapter or  of  any  general,
    15  special or local law to the contrary, and for the purposes of this chap-
    16  ter,  any,  condition  of  impairment  of  health  caused by exposure to
    17  COVID-19 during a state of emergency, resulting  in,  total  or  partial
    18  disability  or  death  to a volunteer firefighter where such firefighter
    19  tested positive for COVID-19, shall be presumptive  evidence  that  such
    20  disability  or death: (a) was caused by the natural and proximate result
    21  of exposure to COVID-19, not caused by  such  firefighter's  own  negli-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03678-01-1

        S. 1963                             2

     1  gence;  and  (b)  was incurred in the performance and discharge of duty,
     2  unless the contrary be proven by competent evidence.
     3    § 2. The volunteer ambulance workers' benefit law is amended by adding
     4  a new section 11-d to read as follows:
     5    §  11-d.  COVID-19 exposures. 1. If, as a result of services performed
     6  in the line of duty during a state of emergency, a  volunteer  ambulance
     7  worker  is  exposed to or comes in contact with COVID-19, the captain or
     8  other executive officer of the ambulance department, volunteer ambulance
     9  company or ambulance district of which he or she is a member may author-
    10  ize the volunteer ambulance worker to obtain such  examinations,  tests,
    11  treatment  and care as are immediately necessary to determine whether he
    12  or she is injured. Any such authorization may be granted  prior  to  the
    13  giving  of  a notice of injury under this chapter. In any such case, the
    14  volunteer ambulance worker shall be deemed  to  have  been  injured  and
    15  shall  be  entitled  to  treatment  and  care and disability benefits as
    16  provided in this chapter.
    17    2. Notwithstanding any provision of this chapter or  of  any  general,
    18  special or local law to the contrary, and for the purposes of this chap-
    19  ter,  any,  condition  of  impairment  of  health  caused by exposure to
    20  COVID-19 during a state of emergency, resulting  in,  total  or  partial
    21  disability or death to a volunteer ambulance worker where such ambulance
    22  worker  tested positive for COVID-19, shall be presumptive evidence that
    23  such disability or death: (a) was caused by the  natural  and  proximate
    24  result  of  exposure  to COVID-19, not caused by such ambulance worker's
    25  own negligence; and (b) was incurred in the performance and discharge of
    26  duty, unless the contrary be proven by competent evidence.
    27    § 3. This act shall take effect immediately.
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