S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9726--A
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on  Governmental  Employees  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Paragraphs (d) and (e) of subdivision 3 of section  161  of
 the  workers' compensation law, paragraph (d) as added and paragraph (e)
 as amended by chapter 489 of the laws of 2013, are  amended  and  a  new
 paragraph (f) is added to read as follows:
   (d)  Diseases  of  the  psychological  axis,  including post-traumatic
 stress disorder, anxiety, depression, or any combination of such  condi-
 tions; [or]
   (e)  New onset diseases resulting from exposure as such diseases occur
 in the future including cancer, chronic obstructive  pulmonary  disease,
 asbestos-related disease, heavy metal poisoning, musculoskeletal disease
 and chronic psychological disease[.]; OR
   (F)  ANY  DISEASE AND/OR CONDITION CERTIFIED IN WRITING BY THE FEDERAL
 WORLD TRADE CENTER HEALTH PROGRAM AS A WORLD TRADE CENTER RELATED HEALTH
 CONDITION SHALL BE PRESUMPTIVE EVIDENCE THAT  ANY  DISABILITY  OR  DEATH
 ARISING FROM SUCH DISEASE AND/OR CONDITION WAS INCURRED DURING THE WORLD
 TRADE  CENTER RESCUE, RECOVERY AND CLEAN-UP OPERATIONS. THIS PRESUMPTIVE
 EVIDENCE WILL ESTABLISH SUCH DISEASE AND/OR CONDITION  ONTO  SUCH  CLAIM
 WITHOUT  THE  NEED  FOR  MEDICAL EVIDENCE FROM THE PARTICIPANTS TREATING
 PHYSICIAN AND/OR AN INDEPENDENT  MEDICAL  EXAMINATION  BY  AN  INSURANCE
 CARRIER,  SELF-INSURER,  THE  STATE  INSURANCE  FUND  AND/OR EMPLOYER AS
 DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
   § 2. Section 162 of the workers' compensation law, as amended by chap-
 ter 266 of the laws of 2018, is amended to read as follows:
   § 162. Registration of participation in  World  Trade  Center  rescue,
 recovery  and  clean-up  operations. In order for the claim of a partic-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14270-03-2
 A. 9726--A                          2
 
 ipant in World Trade Center rescue, recovery and clean-up operations  to
 come  within the application of this article, such participant must file
 a written and sworn statement with the board on a  form  promulgated  by
 the  chair  indicating the dates and locations of such participation and
 the name of such participant's employer during  the  period  of  partic-
 ipation. Such statement must be filed not later than September eleventh,
 two  thousand  [twenty-two] TWENTY-FIVE. The board shall transmit a copy
 of such statement to the employer or carrier named therein.  The  filing
 of  such  a  statement shall not be considered the filing of a claim for
 benefits under this chapter.
   § 3. Subparagraph (i) of paragraph (a) of subdivision 36 of section  2
 of  the retirement and social security law, as amended by chapter 425 of
 the laws of 2021, is amended to read as follows:
   (i) such member, or eligible beneficiary in the case of  the  member's
 death,  must  have  either  filed a written and sworn statement with the
 member's retirement system on a form provided  by  such  system,  or  as
 allowed  by  the  member's retirement system, electronically submitted a
 statement on a form provided by such  system  through  a  secure  online
 portal  maintained by the member's retirement system that has duly vali-
 dated  the  member's  identity,  indicating  the  underlying  dates  and
 locations  of employment not later than September eleventh, two thousand
 [twenty-two] TWENTY-FIVE, and
   § 4. This act shall take effect immediately; provided,  however,  that
 section  one of this act shall take effect on the ninetieth day after it
 shall have become a law.