Assembly Actions -
Senate Actions - UPPERCASE
|Mar 24, 2020
referred to local governments
Assembly Bill A10172
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
Jo Anne Simon
2019-A10172 (ACTIVE) - Details
2019-A10172 (ACTIVE) - Summary
Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or 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 authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether he or she is injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.
2019-A10172 (ACTIVE) - Bill Text download pdf
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
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