S T A T E   O F   N E W   Y O R K
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                                  7784

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

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 -- Multi-Sponsored
  by -- M. of A. COOK, FARRELL,  GOLDFEDER,  KOLB,  ROBINSON,  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:
  S  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.
                                                           LBD04617-02-5
              

A. 7784                             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.

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  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.
  S 2. This act shall take effect immediately.