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A02145 Summary:

BILL NOA02145
 
SAME ASNo Same As
 
SPONSORJean-Pierre
 
COSPNSRJacobson, Steck, Pretlow, Dickens, Dinowitz, Lavine, Gunther, Simon, Magnarelli, Colton, Hevesi
 
MLTSPNSR
 
Amd §§13-a & 21-a, Work Comp L
 
Enacts the "COVID-19 injured workers' protection act"; establishes a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19; and where the applicable head of the member's retirement system or such system's medical board determines COVID-19 to have been a significant contributing factor in the member's death.
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A02145 Actions:

BILL NOA02145
 
01/23/2023referred to labor
01/03/2024referred to labor
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A02145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2145
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M. of A. JEAN-PIERRE, JACOBSON, STECK, PRETLOW, DICKENS,
          DINOWITZ, LAVINE, GUNTHER, SIMON, MAGNARELLI, COLTON, HEVESI  --  read
          once and referred to the Committee on Labor
 
        AN ACT to amend the workers' compensation law, in relation to the treat-
          ment by a medical provider for the novel coronavirus, COVID-19

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  This act shall be known and may be cited as the  "COVID-19
     2  injured workers' protection act."
     3    §  2.    Section  13-a  of the workers' compensation law is amended by
     4  adding a new subdivision 8 to read as follows:
     5    (8) (a) It shall be presumed that  treatment  rendered  by  a  medical
     6  provider  for the novel coronavirus, COVID-19 was done so on an emergent
     7  basis so as not to require prior authorization pursuant  to  subdivision
     8  five of this section.
     9    (b)  Medical  providers  treating  patients for the novel coronavirus,
    10  COVID-19 need not be authorized by the chair pursuant to subdivision one
    11  of this section.
    12    § 3. Section 21-a of the workers' compensation law, as added by  chap-
    13  ter 635 of the laws of 1996, subdivisions 1, 2 and 3 as amended by chap-
    14  ter 6 of the laws of 2007, is amended to read as follows:
    15    §  21-a.  Temporary  payment  of  compensation. 1. Notwithstanding any
    16  other provision of this chapter to the  contrary,  in  any  instance  in
    17  which  an  employer is unsure of the extent of its liability for a claim
    18  for compensation by an injured employee pursuant to this  chapter,  such
    19  employer  may initiate compensation payments and payments for prescribed
    20  medicine and continue such payments for [one year] sixty  days,  without
    21  prejudice  and  without admitting liability, in accordance with a notice
    22  of temporary payment of compensation at the temporary  total  disability
    23  rate, on a form prescribed by the board.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02933-01-3

        A. 2145                             2
 
     1    2.  The  notice  of  temporary  payment  of compensation authorized by
     2  subdivision one of this  section  shall  be  delivered  to  the  injured
     3  employee  and  the  board. Such notice shall notify the injured employee
     4  that the temporary payment of compensation and prescribed medicine shall
     5  not  be  deemed  to be an admission of liability by the employer for the
     6  injury or injuries to the employee. The board, upon receipt of a  notice
     7  of temporary payment of compensation, shall send a notice to the injured
     8  employee in sixteen point type stating that:
     9    (a)  the  board  has received a notice of temporary payment of compen-
    10  sation relating to such injured employee;
    11    (b) the payment of temporary compensation and prescribed medicine  and
    12  the  injured  employee's  acceptance  of such temporary compensation and
    13  prescribed medicine shall not  be  an  admission  of  liability  by  the
    14  employer, nor prejudice the claim of the injured employee; and
    15    (c)  the  payment  of  temporary  compensation and prescribed medicine
    16  shall terminate on the elapse of: [one year] sixty days, or the  employ-
    17  er's  contesting  of  the  injured employee's claim for compensation and
    18  prescribed medicine, or the board determination of the  injured  employ-
    19  ee's claim, whichever is first[; and
    20    (d)  the  injured  employee may be required to enter into an agreement
    21  with the employer to ensure the continuation of  payments  of  temporary
    22  compensation and prescribed medicine].
    23    3. An employer may cease making temporary payments of compensation and
    24  prescribed medicine if such employer delivers within five days after the
    25  last  payment, to the injured employee and the board, a notice of termi-
    26  nation of temporary payments of compensation on a form prescribed by the
    27  board. Such notice shall inform the injured employee that  the  employer
    28  is  ceasing  temporary  payment of compensation and prescribed medicine.
    29  Upon the cessation of temporary payments of compensation and  prescribed
    30  medicine,  [all] the board shall immediately schedule a hearing to adju-
    31  dicate the claim. All parties to any action  pursuant  to  this  chapter
    32  shall  retain  all rights, defenses and obligations they would otherwise
    33  have pursuant to this chapter without regard for the  temporary  payment
    34  of compensation and prescribed medicine.
    35    4.  The  failure  of an employer to provide the notice of termination,
    36  pursuant to subdivision three of this section, within [one  year]  sixty
    37  days  of  the commencement of temporary payment of compensation shall be
    38  deemed to be an admission of liability by the employer and the notice of
    39  temporary payment of compensation shall be  converted  to  a  notice  of
    40  compensation payable.
    41    § 4. This act shall take effect immediately.
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