MARTINEZ, ADDABBO, BORRELLO, BOYLE, GALLIVAN, GAUGHRAN, HOYLMAN, JORDAN, KAMINSKY, KAPLAN, KENNEDY,
LITTLE, MAY, METZGER, ORTT, SERINO, SKOUFIS, THOMAS
MLTSPNSR
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 he or she is 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 he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.
STATE OF NEW YORK
________________________________________________________________________
8041--A
IN SENATE
March 12, 2020
___________
Introduced by Sens. BROOKS, MARTINEZ, BORRELLO, BOYLE, GAUGHRAN, KAMIN-
SKY, KAPLAN, KENNEDY, LITTLE, MAY, ORTT, SERINO, SKOUFIS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Local Government -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 he or she is a member may authorize the volunteer firefighter to obtain
8 such examinations, tests, treatment and care as are immediately neces-
9 sary to determine whether he or she is injured. Any such authorization
10 may be granted prior to the giving of a notice of injury under this
11 chapter. In any such case, the volunteer firefighter shall be deemed to
12 have been injured and shall be entitled to treatment and care and disa-
13 bility 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.
LBD15824-02-0
S. 8041--A 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 he or she is a member may author-
8 ize the volunteer ambulance worker to obtain such examinations, tests,
9 treatment and care as are immediately necessary to determine whether he
10 or she is injured. Any such authorization may be granted prior to the
11 giving of a notice of injury under this chapter. In any such case, the
12 volunteer ambulance worker shall be deemed to have been injured and
13 shall be entitled to treatment and care and disability benefits as
14 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.
