S T A T E O F N E W Y O R K
________________________________________________________________________
6651--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
___________
Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Social Services -- recommitted to the Committee on Social Services
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08519-02-2
A. 6651--A 2
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
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
A. 6651--A 3
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
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, 2013.