S T A T E   O F   N E W   Y O R K
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                                   1644
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. SKOUFIS, MOSLEY, GUNTHER, HEVESI, AUBRY, SKARTA-
   DOS, BRINDISI, BENEDETTO, CUSICK, BRONSON, GIGLIO, GRAF,  RAIA,  FAHY,
   STECK, PERRY, HOOPER, COLTON, MOYA, HAWLEY, STIRPE, SEPULVEDA, PALMES-
   ANO  --  Multi-Sponsored by -- M. of A. COOK, FARRELL, KOLB, SALADINO,
   WALTER -- read once and referred  to  the  Committee  on  Governmental
   Employees
 
 AN  ACT  to amend the state finance law, in relation to compensation and
   medical expenses of certain injured state employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 209-c to read as follows:
   § 209-C. PAYMENT OF SALARY, WAGES, MEDICAL AND  HOSPITAL  EXPENSES  OF
 EMPLOYEES  IN  THE  PAROLE  OFFICER  SERIES  TITLES, HEREIN AFTER CALLED
 PAROLE OFFICERS.  1. ANY EMPLOYEE IN THE PAROLE OFFICER TITLE SERIES, IN
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHO  IS  INJURED
 IN THE PERFORMANCE OF HIS OR HER DUTIES OR WHO IS TAKEN SICK AS A RESULT
 OF  THE PERFORMANCE OF HIS OR HER DUTIES SO AS TO NECESSITATE MEDICAL OR
 OTHER LAWFUL REMEDIAL TREATMENT SHALL BE PAID  BY  THE  STATE  THE  FULL
 AMOUNT  OF HIS OR HER REGULAR SALARY OR WAGES FOR THE DURATION OF HIS OR
 HER LEAVE FOR OCCUPATIONAL INJURY OR  DISEASE  AS  PROVIDED  BY  SECTION
 SEVENTY-ONE OF THE CIVIL SERVICE LAW AND, IN ADDITION THE STATE SHALL BE
 LIABLE  FOR  ALL  MEDICAL  TREATMENT  AND  HOSPITAL CARE NECESSITATED BY
 REASON OF SUCH INJURY OR ILLNESS. PROVIDED, HOWEVER, AND NOTWITHSTANDING
 THE FOREGOING PROVISIONS OF THIS SECTION, THE STATE  HEALTH  AUTHORITIES
 OR  ANY PHYSICIAN APPOINTED FOR THE PURPOSE BY THE STATE, AFTER A DETER-
 MINATION HAS FIRST BEEN MADE THAT SUCH INJURY OR SICKNESS  WAS  INCURRED
 DURING,  OR RESULTED FROM, SUCH PERFORMANCE OF DUTY, MAY ATTEND ANY SUCH
 INJURED OR SICK PAROLE OFFICER, FROM TIME TO TIME, FOR  THE  PURPOSE  OF
 PROVIDING   MEDICAL,   SURGICAL   OR  OTHER  TREATMENT,  OR  FOR  MAKING
 INSPECTIONS AND THE STATE SHALL NOT BE LIABLE FOR SALARY OR WAGES  PAYA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02917-01-7

 A. 1644                             2
 
 BLE  TO  SUCH  PAROLE  OFFICER,  OR FOR THE COST OF MEDICAL TREATMENT OR
 HOSPITAL CARE FURNISHED AFTER SUCH DATE AS SUCH  HEALTH  AUTHORITIES  OR
 PHYSICIAN  SHALL  CERTIFY  THAT  SUCH INJURED OR SICK PAROLE OFFICER HAS
 RECOVERED  AND  IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
 ANY INJURED OR SICK PAROLE OFFICER WHO SHALL REFUSE  TO  ACCEPT  MEDICAL
 TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS
 AS  HEREIN  AUTHORIZED  SHALL BE DEEMED TO HAVE WAIVED HIS OR HER RIGHTS
 UNDER THIS SECTION IN RESPECT  TO  EXPENSES  FOR  MEDICAL  TREATMENT  OR
 HOSPITAL  CARE  RENDERED  AND  FOR  SALARY  OR  WAGES PAYABLE AFTER SUCH
 REFUSAL.
   NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  PROVIDER  OF
 MEDICAL  TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE PROVISIONS
 OF THIS SECTION SHALL NOT COLLECT OR ATTEMPT  TO  COLLECT  REIMBURSEMENT
 FOR SUCH TREATMENT OR CARE FROM ANY SUCH PAROLE OFFICER.
   2.  PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED
 BY SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED  WITH  RESPECT
 TO  ANY  PAROLE  OFFICER  WHO  IS PERMANENTLY DISABLED AS A RESULT OF AN
 INJURY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS  OR
 HER  DUTIES  IF  SUCH PAROLE OFFICER IS GRANTED AN ACCIDENTAL DISABILITY
 RETIREMENT ALLOWANCE PURSUANT TO SECTION SIXTY-THREE OF  THE  RETIREMENT
 AND  SOCIAL  SECURITY  LAW,  A  RETIREMENT  FOR  DISABILITY  INCURRED IN
 PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL  DISABILITY  PENSION
 PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICA-
 TION FOR SUCH RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH PAROLE
 OFFICER,  APPLICATION  THEREFOR  MAY  BE MADE BY THE COMMISSIONER OF THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   3. IF SUCH A PAROLE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH
 ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR  DISABILITY
 INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
 ITY  PENSION AND IS NEVERTHELESS, IN THE OPINION OF SUCH HEALTH AUTHORI-
 TIES OR PHYSICIAN, UNABLE TO PERFORM HIS OR  HER  REGULAR  DUTIES  AS  A
 RESULT  OF  SUCH  INJURY  OR  SICKNESS BUT IS ABLE, IN THEIR OPINION, TO
 PERFORM SPECIFIED TYPES OF LIGHT PAROLE OFFICER  DUTY,  PAYMENT  OF  THE
 FULL  AMOUNT  OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE
 OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO SUCH PAROLE OFFI-
 CER IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PAROLE OFFICER  DUTY
 IF  THE  SAME IS AVAILABLE AND OFFERED TO HIM OR HER; PROVIDED, HOWEVER,
 THAT SUCH LIGHT DUTY SHALL BE CONSISTENT WITH HIS OR  HER  STATUS  AS  A
 PAROLE OFFICER AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO
 HIS  OR  HER  REGULAR  SALARY  OR WAGES, INCLUDING INCREASES THEREOF AND
 FRINGE BENEFITS, TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED  IF  HE  OR
 SHE WERE ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
   4. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 OFFICIALS  MAY  TRANSFER  SUCH A PAROLE OFFICER TO A POSITION IN ANOTHER
 UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU-
 ANT TO APPLICABLE CIVIL SERVICE REQUIREMENTS  AND  PROVIDED  THE  PAROLE
 OFFICER SHALL CONSENT THERETO.
   5.  IF  SUCH A PAROLE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED AN
 ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR  DISABILITY
 INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
 ITY  PENSION,  HE OR SHE SHALL NOT BE ENTITLED TO FURTHER PAYMENT OF THE
 FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY  SUBDIVISION  ONE
 OF  THIS  SECTION,  AFTER  HE  OR  SHE SHALL HAVE ATTAINED THE MANDATORY
 SERVICE RETIREMENT AGE APPLICABLE TO HIM OR HER OR SHALL  HAVE  ATTAINED
 THE  AGE  OR PERFORMED THE PERIOD OF SERVICE SPECIFIED BY APPLICABLE LAW
 FOR THE TERMINATION OF HIS OR HER SERVICE.

 A. 1644                             3
 
   6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  CAUSE  OF
 ACTION  SHALL  ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM OR SUMS
 ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI-
 TAL CARE AS AGAINST ANY THIRD PARTY  AGAINST  WHOM  THE  PAROLE  OFFICER
 SHALL HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED
 BY SUCH THIRD PARTY.
   7. NOTHING HEREIN SHALL WAIVE, MODIFY, OR LIMIT ANY RIGHTS OR BENEFITS
 PROVIDED  BY  THE  WORKERS'  COMPENSATION LAW TO COVERED PAROLE OFFICERS
 WHICH EXCEED THE BENEFITS CONTAINED HEREIN OR CONTINUE BEYOND  THE  TERM
 OF  A  COVERED PAROLE OFFICER'S LEAVE FOR OCCUPATIONAL INJURY OR DISEASE
 AS PROVIDED BY SECTION SEVENTY-ONE OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.