S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10172
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. JEAN-PIERRE, GRIFFIN -- read once and referred to
   the Committee on Local Governments
 
 AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
   teer ambulance workers' benefit law, in relation to COVID-19  exposure
   during a state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
 adding a new section 11-d to read as follows:
   § 11-D. COVID-19 EXPOSURE. 1. IF, AS A RESULT OF SERVICES PERFORMED IN
 THE LINE OF DUTY DURING A STATE OF EMERGENCY, A VOLUNTEER FIREFIGHTER IS
 EXPOSED  TO  OR  COMES  IN  CONTACT WITH COVID-19, THE CHIEF ENGINEER OR
 OTHER EXECUTIVE OFFICER OF THE FIRE DEPARTMENT OR FIRE COMPANY OF  WHICH
 HE  OR SHE IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIREFIGHTER TO OBTAIN
 SUCH EXAMINATIONS, TESTS, TREATMENT AND CARE AS ARE  IMMEDIATELY  NECES-
 SARY  TO  DETERMINE WHETHER HE OR SHE IS INJURED. ANY SUCH AUTHORIZATION
 MAY BE GRANTED PRIOR TO THE GIVING OF A  NOTICE  OF  INJURY  UNDER  THIS
 CHAPTER.  IN ANY SUCH CASE, THE VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO
 HAVE BEEN INJURED AND SHALL BE ENTITLED TO TREATMENT AND CARE AND  DISA-
 BILITY BENEFITS AS PROVIDED IN THIS CHAPTER.
   2.  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER, ANY, CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  EXPOSURE  TO
 COVID-19  DURING  A  STATE  OF EMERGENCY, RESULTING IN, TOTAL OR PARTIAL
 DISABILITY OR DEATH TO A VOLUNTEER FIREFIGHTER  WHERE  SUCH  FIREFIGHTER
 TESTED  POSITIVE  FOR  COVID-19, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH
 DISABILITY OR DEATH: (A) WAS CAUSED BY THE NATURAL AND PROXIMATE  RESULT
 OF  EXPOSURE  TO  COVID-19,  NOT CAUSED BY SUCH FIREFIGHTER'S OWN NEGLI-
 GENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND  DISCHARGE  OF  DUTY,
 UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 11-d to read as follows:
   §  11-D.  COVID-19 EXPOSURES. 1. IF, AS A RESULT OF SERVICES PERFORMED
 IN THE LINE OF DUTY DURING A STATE OF EMERGENCY, A  VOLUNTEER  AMBULANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15833-01-0

 A. 10172                            2

 WORKER  IS  EXPOSED TO OR COMES IN CONTACT WITH COVID-19, THE CAPTAIN OR
 OTHER EXECUTIVE OFFICER OF THE AMBULANCE DEPARTMENT, VOLUNTEER AMBULANCE
 COMPANY OR AMBULANCE DISTRICT OF WHICH HE OR SHE IS A MEMBER MAY AUTHOR-
 IZE  THE  VOLUNTEER AMBULANCE WORKER TO OBTAIN SUCH EXAMINATIONS, TESTS,
 TREATMENT AND CARE AS ARE IMMEDIATELY NECESSARY TO DETERMINE WHETHER  HE
 OR  SHE  IS  INJURED. ANY SUCH AUTHORIZATION MAY BE GRANTED PRIOR TO THE
 GIVING OF A NOTICE OF INJURY UNDER THIS CHAPTER. IN ANY SUCH  CASE,  THE
 VOLUNTEER  AMBULANCE  WORKER  SHALL  BE  DEEMED TO HAVE BEEN INJURED AND
 SHALL BE ENTITLED TO TREATMENT  AND  CARE  AND  DISABILITY  BENEFITS  AS
 PROVIDED IN THIS CHAPTER.
   2.  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE PURPOSES OF THIS CHAP-
 TER, ANY, CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  EXPOSURE  TO
 COVID-19  DURING  A  STATE  OF EMERGENCY, RESULTING IN, TOTAL OR PARTIAL
 DISABILITY OR DEATH TO A VOLUNTEER AMBULANCE WORKER WHERE SUCH AMBULANCE
 WORKER TESTED POSITIVE FOR COVID-19, SHALL BE PRESUMPTIVE EVIDENCE  THAT
 SUCH  DISABILITY  OR  DEATH: (A) WAS CAUSED BY THE NATURAL AND PROXIMATE
 RESULT OF EXPOSURE TO COVID-19, NOT CAUSED BY  SUCH  AMBULANCE  WORKER'S
 OWN NEGLIGENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF
 DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 3. This act shall take effect immediately.