S T A T E   O F   N E W   Y O R K
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                                   6348
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to  the  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:
   §  209-C.  PAYMENT  OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
 CERTAIN EMPLOYEES. FOR THE PURPOSE OF THIS SECTION, THE TERM  "EMPLOYEE"
 SHALL  MEAN  A  STATE EMPLOYEE IN THE PAROLE REVOCATION SPECIALIST TITLE
 SERIES, REVENUE CRIME SPECIALIST TITLE SERIES OR  INVESTIGATIVE  OFFICER
 TITLE SERIES.
   1. ANY EMPLOYEE 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  HOSPI-
 TAL  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 DETERMINATION 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 EMPLOYEE, 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 PAYABLE TO SUCH EMPLOYEE, 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 EMPLOYEE HAS RECOVERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11568-01-7

 S. 6348                             2
 
 AND IS PHYSICALLY ABLE TO PERFORM  HIS  OR  HER  REGULAR  DUTIES.    ANY
 INJURED OR SICK EMPLOYEE WHO SHALL REFUSE TO ACCEPT MEDICAL TREATMENT OR
 HOSPITAL  CARE  OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS AS AUTHOR-
 IZED  BY  THIS  SUBDIVISION  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 EMPLOYEE.
   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 EMPLOYEE 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 EMPLOYEE IS GRANTED AN ACCIDENTAL DISABILITY  RETIREMENT  ALLOW-
 ANCE  PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT AND SOCIAL SECU-
 RITY 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  APPLICATION  FOR  SUCH
 RETIREMENT  ALLOWANCE  OR PENSION IS NOT MADE BY SUCH EMPLOYEE, APPLICA-
 TION THEREFOR MAY BE MADE BY THE AGENCY HEAD.
   3. IF SUCH EMPLOYEE IS NOT ELIGIBLE FOR OR IS NOT GRANTED  SUCH  ACCI-
 DENTAL  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  EMPLOYEE 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 EMPLOYEE IF HE
 OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT 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 AN EMPLOYEE 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  AGENCY OFFICIALS MAY TRANSFER SUCH EMPLOYEE TO A
 POSITION IN ANOTHER UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY  ARE
 ABLE  TO  DO  SO  PURSUANT  TO APPLICABLE CIVIL SERVICE REQUIREMENTS AND
 PROVIDED THE EMPLOYEE SHALL CONSENT THERETO.
   5. IF SUCH EMPLOYEE IS NOT ELIGIBLE FOR OR IS  NOT  GRANTED  AN  ACCI-
 DENTAL  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.
   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 EMPLOYEE SHALL HAVE

 S. 6348                             3
 
 A  CAUSE  OF  ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED BY SUCH
 THIRD PARTY.
   7. NOTHING IN THIS SECTION SHALL WAIVE, MODIFY, OR LIMIT ANY RIGHTS OR
 BENEFITS  PROVIDED BY THE WORKERS' COMPENSATION LAW TO COVERED EMPLOYEES
 WHICH EXCEED THE BENEFITS CONTAINED HEREIN OR CONTINUE BEYOND  THE  TERM
 OF  A  COVERED  EMPLOYEE'S  LEAVE  FOR OCCUPATIONAL INJURY OR DISEASE AS
 PROVIDED BY SECTION SEVENTY-ONE OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.