Senate Bill S8396

2019-2020 Legislative Session

Enacts the COVID-19 injured workers' protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-S8396 (ACTIVE) - Details

See Assembly Version of this Bill:
A10472
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§13-a & 21-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4399, A2127
2023-2024: A2145

2019-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

2019-S8396 (ACTIVE) - Sponsor Memo

2019-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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.