The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7657

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2019
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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.

                                                           LBD05158-01-9

A. 7657                             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

A. 7657                             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.