S T A T E   O F   N E W   Y O R K
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                                  6219

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by M. of A. BARRA -- 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:

  Section  1.  The  closing  paragraph  of  section  104-b of the social
services law, as added by chapter 382 of  the  laws  of  1964  and  such
section  as renumbered by chapter 550 of the laws of 1971, is amended to
read as follows:
  This section shall [not] apply to any claim or award which is  or  may
be  allowed  pursuant  to  the  provisions  of  the [workmen's] WORKERS'
compensation law [or] BUT SHALL NOT APPLY TO CLAIMS OR  AWARDS  PURSUANT
TO  the volunteer [firemen's] FIREFIGHTERS' benefit law OR THE VOLUNTEER
AMBULANCE WORKERS' BENEFIT LAW.
  S 2. Section 33 of the workers' compensation law, as amended by  chap-
ter 275 of the laws of 1988, is amended to read as follows:
  S 33. Assignments; exemptions. Compensation or benefits due under this
chapter  shall  not be assigned, released or commuted except as provided
by this chapter, and shall be exempt from all claims  of  creditors  and
from  levy,  execution  and  attachment  or other remedy for recovery or
collection of a debt, which exemption may not be waived provided, howev-
er, that compensation  or  benefits  other  than  payments  pursuant  to
section  thirteen  of this chapter shall be subject to application to an
income execution or order for support enforcement  pursuant  to  section
fifty-two  hundred forty-one or fifty-two hundred forty-two of the civil
practice law and rules; AND FURTHER PROVIDED, HOWEVER, THAT COMPENSATION
AND/OR BENEFITS SHALL BE SUBJECT TO  ANY  CLAIM  OR  ACTION  FOR  PUBLIC
ASSISTANCE AND CARE PURSUANT TO SECTION ONE HUNDRED FOUR-B OF THE SOCIAL
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.
                                                           LBD08028-01-9
              

A. 6219                             2

FOR  REIMBURSEMENT  OUT OF THE PROCEEDS OF THE AWARD FOR THAT PORTION OF
THE COVERED PERIOD FOR WHICH PUBLIC ASSISTANCE AND CARE WAS PAID  TO  OR
ON  BEHALF  OF  THE  EMPLOYEE.  A  WORKERS' COMPENSATION INSURER OR SELF
INSURED  EMPLOYER  LIABLE  FOR PAYMENT OF THE AWARD MUST RECEIVE, BEFORE
SUCH AWARD IS MADE, A COPY OF THE CLAIM FOR REIMBURSEMENT FROM THE BOARD
CHAIRMAN OR THE SOCIAL SERVICES OFFICIAL WHO PAID PUBLIC ASSISTANCE  AND
CARE  OR  THE  BOARD'S DECISION AND AWARD MUST DIRECT SUCH REIMBURSEMENT
THEREFROM.  Compensation and benefits shall be paid only to employees or
their dependents, except as hereinafter in this chapter provided. In the
case of the death of an injured employee to whom there was  due  at  the
time  of  his or her death any compensation under the provisions of this
chapter, the amount of such compensation shall be payable to the surviv-
ing spouse, if there be one, or, if none,  to  the  surviving  child  or
children  of  the deceased under the age of eighteen years, and if there
be no surviving spouse or children,  then  to  the  dependents  of  such
deceased  employee  or  to  any  of them as the board may direct, and if
there be no surviving spouse, children or dependents  of  such  deceased
employee,  then to his estate. An award for disability may be made after
the death of the injured employee.
  S 3. Paragraph 1 of subdivision (d) of  section  13  of  the  workers'
compensation  law,  as  amended  by  chapter 419 of the laws of 2000, is
amended to read as follows:
  (1) In the event that an insurer  [or],  health  benefits  plan  OR  A
SOCIAL  SERVICES  DISTRICT  makes  payments  for medical and/or hospital
services for or on behalf of an injured employee they shall be  entitled
to be reimbursed for such payments by the carrier or employer within the
limits of the medical and hospital fee schedules if the board determines
that  the  claim  is  compensable.  For the purposes of this section, an
insurer or health benefits plan includes  a  medical  expense  indemnity
corporation,  a  health  or  hospital  service corporation, a commercial
insurance company licensed to write accident and health insurance in the
state of New York,  A SOCIAL SERVICES  DISTRICT,  a  health  maintenance
organization  operating  in  accordance  with article forty-three of the
insurance law or article forty-four of the public health law, or a self-
insured or self-funded health care benefits  plan  operated  by,  or  on
behalf  of,  any  business,  municipality  or other entity (including an
employee welfare fund as defined in article forty-four of the  insurance
law  or  any  other  union  trust  fund  or union health benefits plan).
Notwithstanding any other provision of law, in no event shall the carri-
er or employer be required to reimburse the insurer [or],  health  bene-
fits  plan  OR A SOCIAL SERVICES DISTRICT, in an amount greater than the
amount paid for medical and hospital services for or on  behalf  of  the
injured  employer by such corporation or company[;] OR A SOCIAL SERVICES
DISTRICT, provided, however, if the carrier or employer does  not  reim-
burse  the  insurer  [or],  health  benefits  plan  OR A SOCIAL SERVICES
DISTRICT, within thirty days after the board determines that  the  claim
is  compensable,  the  carrier  or  employer shall reimburse the insurer
[or], health benefits plan OR A SOCIAL SERVICES DISTRICT, at the  amount
the  carrier or employer would be obligated to reimburse the hospital or
other provider of medical services  if  the  carrier  or  employer  made
payment  directly  to  the  provider of medical and/or hospital services
pursuant to  this  chapter  (or,  in  the  case  of  inpatient  hospital
services,  pursuant  to  paragraphs  (b) and (b-1) of subdivision one of
section twenty-eight hundred seven-c of the public health  law).    Upon
reimbursement  to  the  insurer  [or],  health benefits plan OR A SOCIAL
SERVICES DISTRICT, pursuant to this subdivision, the carrier or employer

A. 6219                             3

shall be relieved of liability for the medical and/or hospital  services
for  which  payment  has  been made by the insurer [or], health benefits
plan OR A SOCIAL SERVICES DISTRICT.
  S 4. This act shall take effect January 1, 2010.