Provides for benefits for certain emergency medical technicians or advanced emergency medical technicians in the city of New York who suffer any condition or impairment of health caused by a stroke resulting in disability or death.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7591A
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the general municipal law, in relation to benefits for
employees of governmental entities performing emergency medical services
in the city of New York who suffer any condition or impairment of health
caused by a stroke resulting in disability or death
PURPOSE:
This bill would include stroke in the performance of duty disability
presumptions for paid members of the New York City fire department who
work as emergency medical technicians or advanced emergency medical
technicians, if such person previously successfully passed a physical
exam upon entry in the position that did not reveal any evidence of
'such condition.
SUMMARY OF PROVISIONS:
Section 1 adds stroke to the existing heart disease disability presump-
tion found in section two hundred seven-q of the general municipal law,
as enacted by the laws of two thousand two, chapter six hundred ninety-
five, and as extended by section four hundred eighty of the retirement
and social security law.
Section 2 provides that the law shall take effect immediately.
JUSTIFICATION:
In chapter six hundred ninety-five of the laws of 2002, the Legislature
enacted a "Heart Bill" to establish a presumption for New York city fire
department EMTs and Paramedics who became totally or partially disabled
as a result of heart disease that such disease or injury was incurred in
the performance of the duty unless proven to the contrary. The law
conferred upon those EMTs and paramedics the same presumption that had
previously been accorded to New York city firefighters and police offi-
cer. With the enactment of the EMT Heart Bill, the Legislature recog-
nized that work performed by EMTs and Paramedics requires the same kinds
of physical exertion and stress as the work performed by these other
uniformed personnel, and that a consequence is that, just like fire-
fighters and police officers, EMTs and Paramedics face an increased
likelihood of disabling heart disease that is attributable to their work
as emergency first responders.
The EMT Heart Bill was an important and much-needed reform. However, the
Bill does not extend to disabling events commonly understood to arise
from the same occupational hazards. In particular, the Heart Bill has
not been applied to those who have suffered disabling illness or injury
from strokes. Epidemiological studies of this nature were the predicate
for the Heart Disease presumptions that are now in place for uniformed
forces. Given the evidence that the vulnerability to strokes is a simi-
lar risk for these individuals, it is appropriate that they should
obtain the benefit of such a presumption if they experience disabling
strokes during their careers. Notably, the Legislature has included
strokes among the disabling conditions for which firefighters may assert
a presumption that the strokes emanated from the performance of their
duties. See General Municipal Law Section 207-k. EMTs and Paramedics
deserve the same benefit. Like other uniformed personnel, they put their
lives on the line every day to save the lives of citizens of this state.
We, as citizens should support them when they are disabled as a result
of their work, and they should be entitled to the same protections that
firefighters are provided.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Please see Fiscal Note.
EFFECTIVE DATE:
This act shall take effect immediately.
