S T A T E   O F   N E W   Y O R K
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                                  1534

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. JAFFEE, GOTTFRIED, CLARK -- Multi-Sponsored by --
  M. of A. PERRY -- read once and referred to the Committee on Labor

AN  ACT to amend the workers' compensation law and the insurance law, in
  relation to providing benefits for family care

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 9 of section 201 of the workers' compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE, AS DEFINED  IN  SUBDIVISION
FIFTEEN  OF  THIS SECTION.   UNLESS OTHERWISE SET FORTH IN THIS ARTICLE,
ALL PROVISIONS OF THIS ARTICLE APPLICABLE TO DISABILITY SHALL  APPLY  TO
BOTH DISABILITY ARISING FROM SICKNESS AND INJURY, AND TO FAMILY CARE.
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended to read as follows:
  14. "A day of disability" means any day  on  which  the  employee  was
prevented  from performing work because of disability, INCLUDING ANY DAY
ON WHICH THE EMPLOYEE TOOK OFF FOR FAMILY CARE, and for which  [he]  THE
EMPLOYEE has not received his OR HER regular remuneration.
  S 3. Section 201 of the workers' compensation law is amended by adding
ten  new  subdivisions 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 to read
as follows:
  15. "FAMILY CARE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK:
A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL
CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY  BY  A  SERIOUS
HEALTH  CONDITION  OF  THE  FAMILY MEMBER; OR B. TO BOND WITH HIS OR HER
CHILD DURING THE FIRST TWELVE MONTHS AFTER THE  CHILD'S  BIRTH,  OR  THE
FIRST  TWELVE  MONTHS  AFTER  THE PLACEMENT OF THE CHILD FOR ADOPTION OR
FOSTER CARE WITH THE EMPLOYEE.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD,
A LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS, WHO  IS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06060-01-5
              

A. 1534                             2

A.    UNDER  EIGHTEEN YEARS OF AGE; OR B. EIGHTEEN YEARS OF AGE OR OLDER
AND INCAPABLE OF SELF-CARE BECAUSE OF A MENTAL OR PHYSICAL DISABILITY.
  17.  "DOMESTIC  PARTNER"  HAS THE MEANING SET FORTH IN SECTION FOUR OF
THIS CHAPTER.
  18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
OR  PHYSICAL  OR  MENTAL CONDITION THAT: A. REQUIRES INPATIENT CARE IN A
HOSPITAL, HOSPICE OR RESIDENTIAL HEALTH CARE FACILITY;  OR  B.  REQUIRES
CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
  19.  "PARENT"  MEANS  THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OF AN
EMPLOYEE OR INDIVIDUAL WHO STOOD IN LOCO PARENTIS TO  AN  EMPLOYEE  WHEN
THE EMPLOYEE WAS A SON OR DAUGHTER.
  20.  "FAMILY  MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
GRANDCHILD, MOTHER-IN-LAW OR FATHER-IN-LAW.
  21. PERSONS WHO ARE "IN LOCO PARENTIS" INCLUDE THOSE  WITH  DAY-TO-DAY
RESPONSIBILITIES  TO CARE FOR AND FINANCIALLY SUPPORT A CHILD OR, IN THE
CASE OF AN EMPLOYEE, WHO HAD SUCH RESPONSIBILITY FOR THE  EMPLOYEE  WHEN
THE  EMPLOYEE  WAS  A  CHILD.  A BIOLOGICAL OR LEGAL RELATIONSHIP IS NOT
NECESSARY.
  22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
  23. "HEALTH CARE PROVIDER" MEANS ANY PROVIDER TREATING  AN  EMPLOYEE'S
INJURY  OR  SICKNESS,  OR  A  FAMILY  MEMBER'S SERIOUS HEALTH CONDITION,
INCLUDING A PHYSICIAN, PODIATRIST, CHIROPRACTOR, DENTIST,  PSYCHOLOGIST,
CERTIFIED  NURSE  MIDWIFE, OR IN THE CASE OF A FAMILY MEMBER WHO ADHERES
TO THE FAITH OR TEACHINGS OF ANY CHURCH  OR  DENOMINATION,  AND  WHO  IN
ACCORDANCE WITH ITS CREED, TENETS OR PRINCIPLES DEPENDS FOR HEALING UPON
PRAYER  THROUGH SPIRITUAL MEANS ALONE IN THE PRACTICE OF RELIGION, BY AN
ACCREDITED PRACTITIONER, CONTAINING FACTS AND OPINIONS AS TO SUCH HEALTH
CONDITION IN COMPLIANCE WITH REGULATIONS OF THE CHAIR.
  24. "FAMILY CARE COST" SHALL MEAN (A) PRIOR TO JULY FIRST,  TWO  THOU-
SAND  SEVENTEEN,  FORTY-FIVE CENTS PER WEEK; AND (B) DURING EVERY SUBSE-
QUENT YEAR COMMENCING ON JULY FIRST, SUCH AMOUNT  AS  SHALL  BE  SET  BY
REGULATION  OF  THE  SUPERINTENDENT  OF INSURANCE FOLLOWING CONSULTATION
WITH THE FAMILY CARE ADVISORY COUNCIL BY APRIL FIRST OF  THE  SAME  YEAR
BASED ON HIS OR HER ACTUARIALLY SOUND ESTIMATION OF THE COST PER EMPLOY-
EE  OF  PROVIDING  FAMILY  CARE  BENEFITS, BUT IN NO EVENT MORE THAN ONE
HUNDRED FIFTEEN PERCENT OF HIS OR HER ESTIMATION OF THE COST PER EMPLOY-
EE OF PROVIDING SEPARATE FAMILY CARE BENEFITS THROUGH THE  STATE  INSUR-
ANCE FUND.
  S 4. Subdivision 1 of section 204 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  1.  Disability  benefits  shall be payable to an eligible employee for
disabilities commencing after June thirtieth,  nineteen  hundred  fifty,
beginning  with  the eighth consecutive day of disability and thereafter
during the continuance of disability, subject to the limitations  as  to
maximum  and minimum amounts and duration and other conditions and limi-
tations in this section and in sections two hundred five and two hundred
six OF THIS ARTICLE.   Successive periods of disability  caused  by  the
same  or  related  injury or sickness OR REASON FOR FAMILY CARE shall be
deemed a single period of disability only  if  separated  by  less  than
three  months.  FOR PURPOSES OF THIS SUBDIVISION, DAYS OF DISABILITY FOR
ANY FAMILY CARE SHALL COMMENCE AT THE START OF THE LEAVE PERIOD TAKEN BY
THE EMPLOYEE TO PROVIDE FAMILY CARE.
  S 5. Subdivisions 1, 2, 3, 4, 7 and 8 of section 205 of  the  workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958,  subdivision  2  as amended by chapter 270 of the laws of 1990 and
subdivisions 3, 4, 7 and 8 as added by chapter 600 of the laws  of  1949

A. 1534                             3

and  as renumbered by chapter 352 of the laws of 1981, are amended and a
new subdivision 9 is added to read as follows:
  1.  [For]  (A)  FOR DISABILITY RESULTING FROM INJURY OR SICKNESS OF AN
EMPLOYEE, FOR more than twenty-six weeks during a  period  of  fifty-two
consecutive calendar weeks or during any one period of disability; OR
  (B)  FOR  FAMILY  CARE,  FOR MORE THAN TWELVE WEEKS DURING A PERIOD OF
FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF  FAMILY
CARE;
  2.  for any period of disability RESULTING FROM THE INJURY OR SICKNESS
OF AN EMPLOYEE during which an employee is not under the care of a  duly
licensed physician or with respect to disability resulting from a condi-
tion  of the foot which may lawfully be treated by a duly registered and
licensed podiatrist of the state of New York or with respect to a  disa-
bility  resulting  from  a  condition which may lawfully be treated by a
duly registered and licensed chiropractor of the state of  New  York  or
with  respect  to  a  disability  resulting  from  a condition which may
lawfully be treated by a duly licensed dentist of the state of New  York
or  with  respect  to  a disability resulting from a condition which may
lawfully be treated by a duly registered and  licensed  psychologist  of
the  state  of New York or with respect to a disability resulting from a
condition which may lawfully  be  treated  by  a  duly  certified  nurse
midwife,  for  any period of such disability during which an employee is
neither under the care of a physician nor a podiatrist, nor a chiroprac-
tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
and for any period of disability during which an employee who adheres to
the  faith or teachings of any church or denomination and who in accord-
ance with its creed, tenets or principles depends for healing upon pray-
er through spiritual means alone in the practice  of  religion,  is  not
under the care of a practitioner duly accredited by the church or denom-
ination,  and  provided such employee shall submit to all physical exam-
inations as required by this chapter[.];
  3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
occasioned by the wilful intention of the employee to bring about injury
to or the sickness of himself or another, or resulting from  any  injury
or  sickness sustained in the perpetration by the employee of an illegal
act;
  4. for any day of disability during which the employee performed  work
for  remuneration or profit; BUT NOT INCLUDING ANY REMUNERATION RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
  7. for any disability due to any act of war, declared  or  undeclared,
if  such  act  shall occur after June thirtieth, nineteen hundred fifty,
EXCEPT THAT NOTHING IN THIS  SUBDIVISION  SHALL  BAR  AN  EMPLOYEE  FROM
RECEIVING  BENEFITS UNDER THIS ARTICLE FOR CARE OF A FAMILY MEMBER DISA-
BLED DUE TO AN ACT OF WAR;
  8. for any disability RESULTING FROM AN  INJURY  OR  SICKNESS  TO  THE
EMPLOYEE  commencing  before  the  employee becomes eligible to benefits
hereunder [or commencing prior to July first,  nineteen  hundred  fifty,
but  this  shall  not preclude benefits for recurrence after July first,
nineteen hundred fifty, of a disability commencing prior thereto.];
  9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY PROCESS; OR, IN REGARD TO FAMILY CARE BENEFITS, ANY DAY OF  ABSENCE
FROM  WORK  RESULTING FROM INJURY OR SICKNESS TO THE EMPLOYEE, INCLUDING
ANY LEAVE TAKEN UNDER SECTION SEVENTY-ONE OR SEVENTY-THREE OF THE  CIVIL
SERVICE LAW.

A. 1534                             4

  S  6. The workers' compensation law is amended by adding a new section
205-a to read as follows:
  S  205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND
FOR THE EMPLOYEE'S OWN SICKNESS OR ILLNESS. THE RECEIPT OF BENEFITS  FOR
DISABILITY  RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE, INCLUDING
PREGNANCY AND CHILDBIRTH, SHALL NOT COUNT  TOWARD  ANY  TIME  LIMITATION
UNDER SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE
RECEIPT  OF  BENEFITS  FOR  FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR
FAMILY CARE SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION
ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF  BENE-
FITS  FOR  DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE EMPLOYEE,
EXCEPT THAT AN EMPLOYEE MAY RECEIVE  DISABILITY  BENEFITS  ON  ONLY  ONE
CLAIM AT ANY TIME.
  S 7. Subdivision 3 of section 209 of the workers' compensation law, as
amended  by  chapter  415  of  the  laws  of 1983, is amended to read as
follows:
  3. The contribution of each such employee to the  cost  of  disability
benefits provided by this article shall be one-half of one per centum of
the  employee's  wages  paid  to  him  on and after July first, nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR SICKNESS OR INJURY, PLUS THE FAMILY  CARE  COST,
AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED ONE OF THIS
ARTICLE.
  S 8. Section 211 of the workers' compensation law is amended by adding
two new undesignated paragraphs to read as follows:
  SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL BE
IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF ANY
AGREEMENT  THAT  IS COLLECTIVELY   NEGOTIATED BETWEEN AN EMPLOYER AND AN
EMPLOYEE  ORGANIZATION,  INCLUDING  AGREEMENT  OR  INTEREST  ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  NOTHING  IN  THIS  ARTICLE  SHALL  REQUIRE AN EMPLOYER TO USE THE SAME
CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS  ARTI-
CLE  FOR  DISABILITY  RESULTING  FROM  SICKNESS  OR INJURY AS IT USES TO
PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTICLE FOR FAMI-
LY CARE. AN EMPLOYER MAY USE A DIFFERENT MEANS, AMONG THOSE SET FORTH IN
SUBDIVISIONS ONE THROUGH FIVE  OF  THIS  SECTION,  TO  PROVIDE  BENEFITS
REQUIRED BY THIS ARTICLE FOR DISABILITY RESULTING FROM SICKNESS OR INJU-
RY, FROM THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR
FAMILY CARE.
  S  9. The workers' compensation law is amended by adding a new section
211-a to read as follows:
  S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPT IN. 1. FOR  PURPOSES  OF  THIS
SECTION,  "PUBLIC  EMPLOYEE"  MEANS ANY EMPLOYEE OF THE STATE, ANY POLI-
TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER  GOVERN-
MENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY
POLITICAL  SUBDIVISION  OF  THE  STATE,  A PUBLIC AUTHORITY OR ANY OTHER
GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE  ORGANIZATION"
SHALL HAVE THE MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL
SERVICE LAW.
  2.  PUBLIC  EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC
EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE EMPLOYEES
OPTS IN TO FAMILY CARE IN ACCORDANCE WITH THE PROCEDURES AND  TERMS  SET
FORTH IN SUBDIVISION THREE OF THIS SECTION.
  3.  AN  EMPLOYEE ORGANIZATION MAY OPT IN TO THE FAMILY CARE BENEFIT ON
BEHALF OF THOSE EMPLOYEES IT REPRESENTS:

A. 1534                             5

  A. UPON NOTICE GIVEN TO THE PUBLIC EMPLOYER PRIOR TO APRIL FIRST,  TWO
THOUSAND  SIXTEEN,  WHICH  OPT  IN  SHALL  BECOME EFFECTIVE ONLY ON JULY
FIRST, TWO THOUSAND SIXTEEN;
  B.  AT  ANY  TIME  UPON NINETY DAYS NOTICE FOR ANY EMPLOYER WHO IS NOT
PROVIDING DISABILITY BENEFITS FOR SICKNESS AND INJURY UNDER SECTION  TWO
HUNDRED  TWELVE  OF  THIS ARTICLE, OR WHO IS SELF-INSURED FOR SUCH BENE-
FITS;
  C. FOR ANY EMPLOYER WHO IS PROVIDING DISABILITY BENEFITS FOR  SICKNESS
AND INJURY UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE
AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE EMPLOYER'S INSURANCE
POLICY  FOR  SUCH BENEFITS, WHICH OPT IN SHALL BE EFFECTIVE ONLY FOR THE
TIME PERIOD COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
  D. AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE  ORGAN-
IZATION AND ANY PUBLIC EMPLOYER.
  AN  EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO THE FAMILY CARE BENEFIT
MAY OPT OUT OF IT WITHIN THE TIME PERIODS, AND EFFECTIVE UPON  THE  SAME
DATES,  SET  FORTH  IN THIS PARAGRAPH.   THE EMPLOYEE ORGANIZATION SHALL
PROVIDE NOTICE OF SUCH TO THE BOARD WITHIN SEVEN DAYS OF NOTICE  TO  THE
EMPLOYER.
  4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN  A COLLECTIVELY NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
CONTRIBUTE UP TO THE FAMILY CARE COST, AS DEFINED IN  SUBDIVISION  TWEN-
TY-FOUR  OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, PER WEEK IN ACCORD-
ANCE WITH THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED  NINE  OF  THIS
ARTICLE.
  S  10.  Subdivision 1 of section 212 of the workers' compensation law,
as amended by chapter 740 of the laws of 1960, is  amended  to  read  as
follows:
  1.  Any  employer  not  required  by  this  article to provide for the
payment of disability benefits to his employees,  or  to  any  class  or
classes  thereof,  may  become  a  covered  employer or bring within the
provisions of this article such employees or class or classes thereof by
voluntarily electing to provide for payment of [such] benefits FOR DISA-
BILITY RESULTING FROM SICKNESS OR INJURY, FOR FAMILY CARE, OR  BOTH,  in
one  or more of the ways set forth in section two hundred eleven OF THIS
ARTICLE; but such election shall be  subject  to  the  approval  of  the
chairman, and if the employees are required to contribute to the cost of
such  benefits  the  assent  within  thirty days before such approval is
granted, of more than one-half of such employees shall be  evidenced  to
the  satisfaction  of the chairman.  On approval by the chairman of such
election to provide benefits, all the provisions of this  article  shall
become and continue applicable as if the employer were a covered employ-
er  as  defined in this article. The obligation to continue as a covered
employer with respect to employees for whom provision of benefits is not
required under this article, may be discontinued  by  such  employer  on
ninety  days  notice  to  the  chairman in writing and to his employees,
after he has provided for payment of benefits for not less than one year
and with such provision for payment of obligations incurred on and prior
to the termination date as the chairman may approve.  ANY ELECTION BY  A
PUBLIC  EMPLOYER  TO  PROVIDE  FAMILY  CARE  BENEFITS MADE PRIOR TO JULY
FIRST, TWO THOUSAND SIXTEEN SHALL BE EFFECTIVE ON THAT DATE.
  S 11. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2. The purposes of the state insurance fund herein created are  hereby
enlarged to provide [for the] insurance [by the state insurance fund of]

A. 1534                             6

FOR  the payment of the benefits required by section two hundred four of
this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN  THE
SAME  POLICY  WITH  OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY
RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE, AND AS PROVIDED PURSU-
ANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER.  A separate fund is
hereby  created within the state insurance fund, which shall be known as
the "disability benefits fund", and which shall consist of all  premiums
received and paid into said fund on account of such insurance, all secu-
rities  acquired by and through the use of moneys belonging to said fund
and of interest earned upon moneys belonging to said fund and  deposited
or  invested  as herein provided. Said disability benefits fund shall be
applicable to the payment  of  benefits,  expenses  and  assessments  on
account of insurance written pursuant to article nine of this chapter.
  S  12.  Subdivisions  1,  2,  3  and  4 of section 217 of the workers'
compensation law, subdivision 1 as amended by chapter 167 of the laws of
1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990
and subdivision 4 as added by chapter 600  of  the  laws  of  1949,  are
amended to read as follows:
  1.  Written  notice  and proof of disability shall be furnished to the
employer by or on behalf of the employee claiming benefits  or,  in  the
case  of  a claimant under section two hundred seven of this article, to
the chair, within thirty days after commencement of the period of  disa-
bility. Additional proof shall be furnished thereafter from time to time
as  the employer or carrier or chair may require but not more often than
once each week. Such proof shall include:
  (A) IN THE CASE OF DISABILITY RESULTING FROM SICKNESS OR INJURY TO THE
EMPLOYEE, a statement of disability by the employee's attending  [physi-
cian  or  attending  podiatrist  or  attending chiropractor or attending
dentist or attending psychologist or attending certified nurse  midwife,
or  in  the case of an employee who adheres to the faith or teachings of
any church or denomination, and who in accordance with its creed, tenets
or principles depends for healing upon prayer  through  spiritual  means
alone  in  the  practice  of  religion,  by  an accredited practitioner,
containing facts and opinions as to such disability in  compliance  with
regulations of the chair.] HEALTH CARE PROVIDER;
  (B)  IN  THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH
CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE  SHOW-
ING  THAT  THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF
THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR  FOSTER  CARE  WITH  THE
EMPLOYEE;
  (C) IN THE CASE OF BENEFITS FOR CARE OF A FAMILY MEMBER WITH A SERIOUS
HEALTH CONDITION:
  (I)  A STATEMENT BY THE FAMILY MEMBER'S HEALTH CARE PROVIDER, CONTAIN-
ING FACTS AND OPINIONS AS TO SUCH HEALTH CONDITION  IN  COMPLIANCE  WITH
REGULATIONS OF THE CHAIR; AND
  (II) A STATEMENT SUBSCRIBED BY THE EMPLOYEE AND AFFIRMED BY HIM OR HER
AS  TRUE  UNDER  PENALTIES  OF  PERJURY, OR OTHER EQUIVALENT DOCUMENTARY
PROOF, THAT THE EMPLOYEE IS A PRIMARY CARE GIVER FOR THE  FAMILY  MEMBER
DURING THE TIME OF DISABILITY.
  Failure  to  furnish notice or proof within the time and in the manner
above provided shall not invalidate the claim but no benefits  shall  be
required to be paid for any period more than two weeks prior to the date
on which the required proof is furnished unless it shall be shown to the
satisfaction  of  the  chair  not  to  have  been reasonably possible to
furnish such notice or proof and that such notice or proof was furnished
as soon as possible; provided, however, that no benefits shall  be  paid

A. 1534                             7

unless  the  required proof of disability is furnished within twenty-six
weeks after commencement of the period of disability.  No limitation  of
time  provided  in  this  section shall run as against any person who is
mentally  incompetent,  or physically incapable of providing such notice
as a result of a serious medical condition, or a minor so long  as  such
person has no guardian of the person and/or property.
  2. An employee claiming benefits FOR HIS OR HER SICKNESS OR INJURY, OR
THE FAMILY MEMBER OF SUCH EMPLOYEE IN ANY CASE WHERE THE EMPLOYEE CLAIMS
FAMILY  CARE BENEFITS FOR PROVIDING CARE TO THAT FAMILY MEMBER shall, as
requested by the employer or  carrier,  submit  himself  or  herself  at
intervals,  but  not more than once a week, for examination by a [physi-
cian or podiatrist or chiropractor or dentist or psychologist or  certi-
fied  nurse  midwife]  RELEVANT  HEALTH  CARE PROVIDER designated by the
employer or carrier. All such examinations shall be without cost to  the
employee  OR  FAMILY  MEMBER  and shall be held at a reasonable time and
place.
  3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS OR HER SICKNESS OR INJURY, OR THE CLAIMANT'S FAMILY MEMBER WHERE THE
CLAIMANT SEEKS DISABILITY BENEFITS FOR FAMILY LEAVE TO PROVIDE  CARE  TO
THAT  FAMILY  MEMBER  to submit to examination by a [physician or podia-
trist or chiropractor or dentist or psychologist] RELEVANT  HEALTH  CARE
PROVIDER  designated  by  him  or  her in any case in which the claim to
disability benefits is contested and in claims arising under section two
hundred seven OF THIS ARTICLE, and in other cases as the chair or  board
may require.
  4.  Refusal  of  the  claimant  OR FAMILY MEMBER without good cause to
submit to any such examination shall disqualify [him] THE CLAIMANT  from
all  benefits  hereunder  for  the  period of such refusal, except as to
benefits already paid.
  S 13. The opening paragraph of section 221  of  the  workers'  compen-
sation law, as separately amended by chapters 425 and 500 of the laws of
1985, is amended to read as follows:
  Within  twenty-six  weeks of written notice of rejection of claim, the
employee may file with the chairman a notice that his or her  claim  for
disability  benefits  has  not  been paid, and the employee shall submit
proof of disability and of his or her employment, wages and other  facts
reasonably  necessary  for determination of the employee's right to such
benefits. Failure to file such notice within the time provided,  may  be
excused  by  the  chairman if it can be shown to the satisfaction of the
chairman not to have been reasonably possible to furnish such notice and
that such notice was furnished as soon as possible.   On demand  of  the
chairman the employer or carrier shall forthwith deliver to the chairman
PROOF  OF  DISABILITY, INCLUDING IF RELEVANT the original or a true copy
of the attending physician's or  attending  podiatrist's  or  accredited
practitioner's  statement, wage and employment data and all other papers
in the possession of the employer or carrier with respect to such claim.
  S 14. Subdivision 2 of section 229 of the workers'  compensation  law,
as  added  by  chapter  271  of  the laws of 1985, is amended to read as
follows:
  2. Whenever an employee of a covered  employer  who  is  eligible  for
benefits  under section two hundred four of this article shall be absent
from work due to a disability as defined in subdivision nine of  section
two  hundred  one  of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of  the
employee's  rights under this article in a form prescribed by the chair-
man. The statement shall be provided to the employee within  five  busi-

A. 1534                             8

ness days after the employee's seventh consecutive day of absence due to
disability  or  within  five  business  days after the employer knows or
should know that the employee's absence is due to disability,  whichever
is later. EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPE-
WRITTEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
STATING  THAT  THE  EMPLOYER  HAS PROVIDED FOR THE PAYMENT OF DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  FIFTEEN  WHICH  AMENDED
THIS  SUBDIVISION.    EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE TO
ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
  S 15. The workers' compensation law is amended by adding a new section
239-a to read as follows:
  S 239-A. FAMILY CARE STUDY AND  MONITORING.    1.  THE  DEPARTMENT  OF
FINANCIAL  SERVICES  SHALL  STUDY,  AND  REPORT TO THE GOVERNOR AND BOTH
HOUSES OF THE LEGISLATURE BY APRIL FIRST, TWO THOUSAND SIXTEEN,  ON  THE
FEASIBILITY  AND  IMPACT OF COMMUNITY RATING DISABILITY INSURANCE OR ANY
ASPECT THEREOF.
  2. THERE SHALL BE CREATED THE  FAMILY  CARE  ADVISORY  COUNCIL,  WHICH
SHALL  CONSIST  OF  FIFTEEN  MEMBERS  TO BE APPOINTED BY THE GOVERNOR AS
FOLLOWS: TWO ON RECOMMENDATION BY THE NEW YORK STATE AMERICAN FEDERATION
OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS,  ONE  OF  WHOM  SHALL  BE
REPRESENTATIVE  OF PUBLIC EMPLOYEE ORGANIZATIONS CERTIFIED UNDER ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW, PARTICIPATING IN THE PAID FAMILY CARE
PLAN, ONE OF WHOM  IS  REPRESENTATIVE  OF  UNIONS  REPRESENTING  WORKERS
EMPLOYED IN THE PRIVATE SECTOR; TWO WHO ARE REPRESENTATIVES OF ORGANIZA-
TIONS  THAT REPRESENT EITHER COVERED BUSINESS OR PUBLIC EMPLOYERS IN NEW
YORK STATE PARTICIPATING IN THE PAID FAMILY LEAVE  PLAN;  TWO  ON  NOMI-
NATION OF THE SPEAKER OF THE ASSEMBLY; ONE ON NOMINATION BY THE MINORITY
LEADER OF THE ASSEMBLY; TWO ON NOMINATION BY THE TEMPORARY  PRESIDENT OF
THE  SENATE; ONE ON NOMINATION BY THE MINORITY LEADER OF THE SENATE; AND
THE SUPERINTENDENT OF FINANCIAL SERVICES, COMMISSIONER  OF  LABOR    AND
CHAIR  OF THE WORKERS' COMPENSATION BOARD, WHO SHALL SERVE AS MEMBERS EX
OFFICIO. THE COMMISSIONER OF LABOR SHALL SERVE AS CHAIR OF THE  COUNCIL.
THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES  AND  CHAIR OF THE WORKERS'
COMPENSATION BOARD   SHALL CONSULT REGULARLY WITH  THE  COUNCIL  ON  THE
IMPLEMENTATION  OF THE FAMILY CARE BENEFIT. THE DEPARTMENT OF LABOR, THE
DEPARTMENT OF FINANCIAL SERVICES AND  THE  WORKERS'  COMPENSATION  BOARD
SHALL  PROVIDE  ALL NECESSARY PERSONNEL AND LOGISTICAL SUPPORT AS MAY BE
NECESSARY TO COMPLETE THE DUTIES OF THE ADVISORY COUNCIL. THE COUNCIL OR
ANY OF ITS MEMBERS MAY ISSUE SUCH RECOMMENDATIONS  OR  REPORTS  AS  THEY
DEEM WARRANTED ON THE FAMILY CARE BENEFIT, INCLUDING ON THE SCOPE OF THE
BENEFIT,  PROBLEMS  WITH  THE BENEFIT; FUNDING OF THE BENEFIT  INCLUDING
PASS-THROUGH COSTS; POSSIBLE STATUTORY AMENDMENTS AND REGULATORY  CHANG-
ES;  USAGE  RATES;  OUTREACH; AND COMMUNITY RATING. ANY SUCH RECOMMENDA-
TIONS OR REPORTS SHALL BE PROVIDED TO THE  GOVERNOR,  SUPERINTENDENT  OF
FINANCIAL  SERVICES, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE
SENATE AND MINORITY LEADERS OF THE SENATE AND ASSEMBLY.  EACH MEMBER  OF
THE COMMISSION SHALL SERVE A TERM OF THREE YEARS. AN APPOINTMENT TO FILL
A  VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED TERM. MEMBERS
SHALL RECEIVE NO COMPENSATION.
  S 16. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability benefits pursuant to article

A. 1534                             9

nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
THAT  ARTICLE  FOR  FAMILY  CARE BENEFITS, DISABILITY BENEFITS RESULTING
FROM SICKNESS OR INJURY, OR BOTH, except as specified in item (ii) here-
of;  and  (ii)  non-cancellable  disability insurance, meaning insurance
against disability resulting from sickness,  ailment  or  bodily  injury
(but  excluding  insurance  solely  against accidental injury) under any
contract which does not give the insurer the option to cancel or  other-
wise terminate the contract at or after one year from its effective date
or renewal date.
  S 17. This act shall take effect immediately; provided, however, that:
  (a)  Sections  one,  two,  three, four, five, six, seven, eight, nine,
ten, twelve, thirteen, fourteen and  sixteen  of  this  act  shall  take
effect July 1, 2016.
  (b)  Paragraph  a  of  subdivision  3 of section 211-a of the workers'
compensation law, as added by section nine of this act  allowing  public
employees to opt in to family care benefits prior to July 1, 2016, shall
take effect immediately.
  (c)  Effective  immediately,  the addition, amendment and/or repeal of
any rules or regulations necessary for the implementation  of  this  act
and  any  administrative  steps  necessary to effectuate the purposes of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.