|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 21, 2020||referred to labor|
senate Bill S8396
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8396 (ACTIVE) - Details
S8396 (ACTIVE) - Summary
Enacts the "COVID-19 injured workers' protection act"; establishes a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19… (view more) and where the applicable head of the member's retirement system or such system's medical board determines COVID-19 to have been a significant contributing factor in the member's death.
S8396 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8396 SPONSOR: RAMOS TITLE OF BILL: An act to amend the workers' compensation law, in relation to the treat- ment by a medical provider for the novel coronavirus, COVID-19 PURPOSE OR GENERAL IDEA OF BILL: To protect New York's COVID-19 affected injured workers by eliminating the preauthorization provision to allow medical providers not otherwise authorized to treat injured workers to render medical care and ensuring that all injured workers are paid lost wage benefits at the temporary total level until they are able to return to their place of pre-Covid-19 employment. SUMMARY OF PROVISIONS: Section 1: Creates a new subdivision 8 of the workers' compensation law section 13-a to establish a presumption that medical providers treating
S8396 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8396 I N S E N A T E May 21, 2020 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to the treat- ment by a medical provider for the novel coronavirus, COVID-19 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "COVID-19 injured workers' protection act." § 2. Section 13-a of the workers' compensation law is amended by adding a new subdivision 8 to read as follows: (8) (A) IT SHALL BE PRESUMED THAT TREATMENT RENDERED BY A MEDICAL PROVIDER FOR THE NOVEL CORONAVIRUS, COVID-19 WAS DONE SO ON AN EMERGENT BASIS SO AS NOT TO REQUIRE PRIOR AUTHORIZATION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. (B) MEDICAL PROVIDERS TREATING PATIENTS FOR THE NOVEL CORONAVIRUS, COVID-19 NEED NOT BE AUTHORIZED BY THE CHAIR PURSUANT TO SUBDIVISION ONE OF THIS SECTION. § 3. Section 21-a of the workers' compensation law, as added by chap- ter 635 of the laws of 1996, subdivisions 1, 2 and 3 as amended by chap- ter 6 of the laws of 2007, is amended to read as follows: § 21-a. Temporary payment of compensation. 1. Notwithstanding any other provision of this chapter to the contrary, in any instance in which an employer is unsure of the extent of its liability for a claim for compensation by an injured employee pursuant to this chapter, such employer may initiate compensation payments and payments for prescribed medicine and continue such payments for [one year] SIXTY DAYS, without prejudice and without admitting liability, in accordance with a notice of temporary payment of compensation AT THE TEMPORARY TOTAL DISABILITY RATE, on a form prescribed by the board. 2. The notice of temporary payment of compensation authorized by subdivision one of this section shall be delivered to the injured employee and the board. Such notice shall notify the injured employee that the temporary payment of compensation and prescribed medicine shall not be deemed to be an admission of liability by the employer for the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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