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.
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.