Bill Text: NY A04710 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to certain medical record requirements for participants in the World Trade Center rescue, recovery, or cleanup operations; extends the registration period for participation in the World Trade Center rescue, recovery and clean-up operations to September 11, 2027.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A04710 Detail]

Download: New_York-2023-A04710-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4710

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2023
                                       ___________

        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Governmental Employees

        AN ACT to amend the workers' compensation law  and  the  retirement  and
          social  security  law,  in relation to certain medical record require-
          ments for participants in the World Trade Center rescue, recovery,  or
          cleanup operations

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

     1    Section 1. Paragraphs (d) and (e) of subdivision 3 of section  161  of
     2  the  workers' compensation law, paragraph (d) as added and paragraph (e)
     3  as amended by chapter 489 of the laws of 2013, are  amended  and  a  new
     4  paragraph (f) is added to read as follows:
     5    (d)  Diseases  of  the  psychological  axis,  including post-traumatic
     6  stress disorder, anxiety, depression, or any combination of such  condi-
     7  tions; [or]
     8    (e)  New onset diseases resulting from exposure as such diseases occur
     9  in the future including cancer, chronic obstructive  pulmonary  disease,
    10  asbestos-related disease, heavy metal poisoning, musculoskeletal disease
    11  and chronic psychological disease[.]; or
    12    (f)  Any  disease and/or condition certified in writing by the federal
    13  World Trade Center Health Program as a World Trade Center related health
    14  condition shall be presumptive evidence that  any  disability  or  death
    15  arising from such disease and/or condition was incurred during the World
    16  Trade  Center rescue, recovery and clean-up operations. This presumptive
    17  evidence will establish such disease and/or condition  onto  such  claim
    18  without  the  need  for  medical evidence from the participants treating
    19  physician and/or an independent  medical  examination  by  an  insurance
    20  carrier,  self-insurer,  the  state  insurance  fund  and/or employer as
    21  defined in section one hundred thirty-seven of this chapter.
    22    § 2. Section 162 of the workers' compensation law, as amended by chap-
    23  ter 561 of the laws of 2022, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09443-01-3
        A. 4710                             2

     1    § 162. Registration of participation in  World  Trade  Center  rescue,
     2  recovery  and  clean-up  operations. In order for the claim of a partic-
     3  ipant in World Trade Center rescue, recovery and clean-up operations  to
     4  come  within the application of this article, such participant must file
     5  a  written  and  sworn statement with the board on a form promulgated by
     6  the chair indicating the dates and locations of such  participation  and
     7  the  name  of  such  participant's employer during the period of partic-
     8  ipation. Such statement must be filed not later than September eleventh,
     9  two thousand [twenty-six] twenty-seven.  The board shall transmit a copy
    10  of such statement to the employer or carrier named therein.  The  filing
    11  of  such  a  statement shall not be considered the filing of a claim for
    12  benefits under this chapter.
    13    § 3. Subparagraph (i) of paragraph (a) of subdivision 36 of section  2
    14  of  the retirement and social security law, as amended by chapter 561 of
    15  the laws of 2022, is amended to read as follows:
    16    (i) such member, or eligible beneficiary in the case of  the  member's
    17  death,  must  have  either  filed a written and sworn statement with the
    18  member's retirement system on a form provided  by  such  system,  or  as
    19  allowed  by  the  member's retirement system, electronically submitted a
    20  statement on a form provided by such  system  through  a  secure  online
    21  portal  maintained by the member's retirement system that has duly vali-
    22  dated  the  member's  identity,  indicating  the  underlying  dates  and
    23  locations  of employment not later than September eleventh, two thousand
    24  [twenty-six] twenty-seven, and
    25    § 4. This act shall take effect immediately; provided,  however,  that
    26  section  one of this act shall take effect on the ninetieth day after it
    27  shall have become a law.