Add §11-d, Vol Ffs Ben L; add §11-d, Vol Amb Wkr Ben L
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 they are 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 they are injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4822
SPONSOR: O'Pharrow TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend existing benefits for volunteer
firefighters and ambulance workers to include exposure to COVID-19
during a state of emergency.
SUMMARY OF PROVISIONS:
Section 1. amends the volunteer firefighters' benefit law by adding a
new section 11-d to provide that during a declared state of emergency if
a volunteer firefighter during their duties is exposed to COVID19 the
chief engineer or other executive officer of the fire department may
authorize immediate testing and treatment. Additionally, this section
provides that any condition, impairment of health, or death resulting
from COVID-19 would be covered by the volunteer firefighters benefit
law.
Section 2. amends the volunteer ambulance workers' benefit law by adding
a new section 11-d to provide that during a declared state of emergency
if a volunteer ambulance workers during the course of their duties is
exposed to COVID-19 the captain or other executive officer of the ambu-
lance department, volunteer company or ambulance district may authorize
immediate testing and treatment. Additionally, this section provides
that any condition, impairment of health, or death resulting from
COVID-19 would be covered by the volunteer ambulance workers' bene- fit
law.
Section 3. is the enacting clause.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
Our volunteer firefighters, and ambulance workers put their lives on the
line to help others without regard for the implications they or their
families may face as the result of the dangers associated with their
heroism. Currently they are responding to the COVID-19 pandemic without
coverage under their existing injury and death benefits.
The brave men and women who respond to fires, natural disasters, pandem-
ics, and all manner of other catastrophes must be protected. These
benefits make it possible for our volunteer first responders and their
families to make it by when tragedy strikes. Therefore, they should be
extended to include the current pandemic caused by the COVID-19 virus.
PRIOR LEGISLATIVE HISTORY:
01/17/23 - referred to local governments
01/03/24 - referred to local governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4822
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. O'PHARROW -- 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 such volunteer firefighter is a member may authorize the volunteer fire-
8 fighter to obtain such examinations, tests, treatment and care as are
9 immediately necessary to determine whether they are injured. Any such
10 authorization may be granted prior to the giving of a notice of injury
11 under this chapter. In any such case, the volunteer firefighter shall be
12 deemed to have been injured and shall be entitled to treatment and care
13 and disability 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08795-01-5
A. 4822 2
1 § 2. The volunteer ambulance workers' benefit law is amended by adding
2 a new section 11-d to read as follows:
3 § 11-d. COVID-19 exposures. 1. If, as a result of services performed
4 in the line of duty during a state of emergency, a volunteer ambulance
5 worker is exposed to or comes in contact with COVID-19, the captain or
6 other executive officer of the ambulance department, volunteer ambulance
7 company or ambulance district of which such volunteer ambulance worker
8 is a member may authorize the volunteer ambulance worker to obtain such
9 examinations, tests, treatment and care as are immediately necessary to
10 determine whether they are injured. Any such authorization may be grant-
11 ed prior to the giving of a notice of injury under this chapter. In any
12 such case, the volunteer ambulance worker shall be deemed to have been
13 injured and shall be entitled to treatment and care and disability bene-
14 fits as provided in this chapter.
15 2. Notwithstanding any provision of this chapter or of any general,
16 special or local law to the contrary, and for the purposes of this chap-
17 ter, any, condition of impairment of health caused by exposure to
18 COVID-19 during a state of emergency, resulting in, total or partial
19 disability or death to a volunteer ambulance worker where such ambulance
20 worker tested positive for COVID-19, shall be presumptive evidence that
21 such disability or death: (a) was caused by the natural and proximate
22 result of exposure to COVID-19, not caused by such ambulance worker's
23 own negligence; and (b) was incurred in the performance and discharge of
24 duty, unless the contrary be proven by competent evidence.
25 § 3. This act shall take effect immediately.
