S T A T E O F N E W Y O R K
________________________________________________________________________
6606
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
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Introduced by M. of A. BURLING, CALHOUN, KOLB, FINCH, RAIA, TOWNSEND,
GIGLIO, BALL -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES,
BARCLAY, BARRA, BUTLER, CROUCH, DUPREY, ERRIGO, FITZPATRICK, McDO-
NOUGH, McKEVITT, MOLINARO, OAKS, SAYWARD, SPANO, WALKER -- read once
and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to coverage
for treatment and care of state civilian employees of a correctional
facility exposed to blood or other bodily fluids during the course of
their duties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of the workers' compensation law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, WHERE A STATE
CIVILIAN EMPLOYEE OF A CORRECTIONAL FACILITY, IN THE COURSE OF PERFORM-
ING HIS OR HER DUTIES, IS EXPOSED TO THE BLOOD OR OTHER BODILY FLUIDS OF
ANOTHER INDIVIDUAL OR INDIVIDUALS, THE CARE AND TREATMENT, INCLUDING
DIAGNOSIS, RECOMMENDED MEDICINE AND OTHER MEDICAL CARE NEEDED TO ASCER-
TAIN WHETHER SUCH INDIVIDUAL WAS EXPOSED TO OR CONTRACTED ANY COMMUNICA-
BLE DISEASE SHALL BE THE RESPONSIBILITY OF THE INSURANCE CARRIER OF THE
APPROPRIATE CORRECTIONAL FACILITY DISTRICT OR, IF A STATE CIVILIAN
EMPLOYEE OF A CORRECTIONAL FACILITY IS NOT AN EMPLOYEE OF SUCH A
DISTRICT, THEN SUCH PERSON SHALL BE COVERED FOR THE TREATMENT PROVIDED
FOR IN THIS SUBDIVISION BY THE CARRIER OF HIS OR HER EMPLOYER WHEN SUCH
PERSON IS ACTING IN THE SCOPE OF HIS OR HER EMPLOYMENT.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06187-01-9