Amd S104-b, Soc Serv L; amd SS33 & 13, Work Comp L
Includes workers' compensation benefits among the lump sum payments subject to the lien of the department of social services for repayment of public assistance.
STATE OF NEW YORK
________________________________________________________________________
4937
2015-2016 Regular Sessions
IN ASSEMBLY
February 9, 2015
___________
Introduced by M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A.
HAWLEY -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law and the workers' compensation
law, in relation to liens for public assistance and care on workers'
compensation benefit claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 104-b of the social
2 services law, as added by chapter 382 of the laws of 1964 and such
3 section as renumbered by chapter 550 of the laws of 1971, is amended to
4 read as follows:
5 This section shall [not] apply to any claim or award which is or may
6 be allowed pursuant to the provisions of the [workmen's] workers'
7 compensation law [or] but shall not apply to claims or awards pursuant
8 to the volunteer [firemen's] firefighters' benefit law or the volunteer
9 ambulance workers' benefit law.
10 § 2. Section 33 of the workers' compensation law, as amended by chap-
11 ter 275 of the laws of 1988, is amended to read as follows:
12 § 33. Assignments; exemptions. Compensation or benefits due under this
13 chapter shall not be assigned, released or commuted except as provided
14 by this chapter, and shall be exempt from all claims of creditors and
15 from levy, execution and attachment or other remedy for recovery or
16 collection of a debt, which exemption may not be waived provided, howev-
17 er, that compensation or benefits other than payments pursuant to
18 section thirteen of this chapter shall be subject to application to an
19 income execution or order for support enforcement pursuant to section
20 fifty-two hundred forty-one or fifty-two hundred forty-two of the civil
21 practice law and rules; and further provided, however, that compensation
22 and/or benefits shall be subject to any claim or action for public
23 assistance and care pursuant to section one hundred four-b of the social
24 services law which is filed by a social services official with the board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08056-01-5
A. 4937 2
1 for reimbursement out of the proceeds of the award for that portion of
2 the covered period for which public assistance and care was paid to or
3 on behalf of the employee. A workers' compensation insurer or self
4 insured employer liable for payment of the award must receive, before
5 such award is made, a copy of the claim for reimbursement from the board
6 chairman or the social services official who paid public assistance and
7 care or the board's decision and award must direct such reimbursement
8 therefrom. Compensation and benefits shall be paid only to employees or
9 their dependents, except as hereinafter in this chapter provided. In the
10 case of the death of an injured employee to whom there was due at the
11 time of his or her death any compensation under the provisions of this
12 chapter, the amount of such compensation shall be payable to the surviv-
13 ing spouse, if there be one, or, if none, to the surviving child or
14 children of the deceased under the age of eighteen years, and if there
15 be no surviving spouse or children, then to the dependents of such
16 deceased employee or to any of them as the board may direct, and if
17 there be no surviving spouse, children or dependents of such deceased
18 employee, then to his estate. An award for disability may be made after
19 the death of the injured employee.
20 § 3. Paragraph 1 of subdivision (d) of section 13 of the workers'
21 compensation law, as amended by chapter 419 of the laws of 2000, is
22 amended to read as follows:
23 (1) In the event that an insurer [or], health benefits plan or a
24 social services district makes payments for medical and/or hospital
25 services for or on behalf of an injured employee they shall be entitled
26 to be reimbursed for such payments by the carrier or employer within the
27 limits of the medical and hospital fee schedules if the board determines
28 that the claim is compensable. For the purposes of this section, an
29 insurer or health benefits plan includes a medical expense indemnity
30 corporation, a health or hospital service corporation, a commercial
31 insurance company licensed to write accident and health insurance in the
32 state of New York, a social services district, a health maintenance
33 organization operating in accordance with article forty-three of the
34 insurance law or article forty-four of the public health law, or a self-
35 insured or self-funded health care benefits plan operated by, or on
36 behalf of, any business, municipality or other entity (including an
37 employee welfare fund as defined in article forty-four of the insurance
38 law or any other union trust fund or union health benefits plan).
39 Notwithstanding any other provision of law, in no event shall the carri-
40 er or employer be required to reimburse the insurer [or], health bene-
41 fits plan or a social services district, in an amount greater than the
42 amount paid for medical and hospital services for or on behalf of the
43 injured employer by such corporation or company[;] or a social services
44 district, provided, however, if the carrier or employer does not reim-
45 burse the insurer [or], health benefits plan or a social services
46 district, within thirty days after the board determines that the claim
47 is compensable, the carrier or employer shall reimburse the insurer
48 [or], health benefits plan or a social services district, at the amount
49 the carrier or employer would be obligated to reimburse the hospital or
50 other provider of medical services if the carrier or employer made
51 payment directly to the provider of medical and/or hospital services
52 pursuant to this chapter (or, in the case of inpatient hospital
53 services, pursuant to paragraphs (b) and (b-1) of subdivision one of
54 section twenty-eight hundred seven-c of the public health law). Upon
55 reimbursement to the insurer [or], health benefits plan or a social
56 services district, pursuant to this subdivision, the carrier or employer
A. 4937 3
1 shall be relieved of liability for the medical and/or hospital services
2 for which payment has been made by the insurer [or], health benefits
3 plan or a social services district.
4 § 4. This act shall take effect January 1, 2017.
