Bill Text: NY A10172 | 2019-2020 | General Assembly | Introduced

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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: Moderate Partisan Bill (Democrat 22-7)

Status: (Introduced - Dead) 2020-03-24 - referred to local governments [A10172 Detail]

Download: New_York-2019-A10172-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10172

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced by M. of A. JEAN-PIERRE, GRIFFIN -- read once and referred to
          the Committee on Local Governments

        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-
    22  gence; and (b) was incurred in the performance and  discharge  of  duty,
    23  unless the contrary be proven by competent evidence.
    24    § 2. The volunteer ambulance workers' benefit law is amended by adding
    25  a new section 11-d to read as follows:
    26    §  11-d.  COVID-19 exposures. 1. If, as a result of services performed
    27  in the line of duty during a state of emergency, a  volunteer  ambulance

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15833-01-0
        A. 10172                            2

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