S T A T E O F N E W Y O R K
________________________________________________________________________
1560
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
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Introduced by M. of A. JEAN-PIERRE, GRIFFIN, SIMON, OTIS, STERN, THIELE,
CRUZ, L. ROSENTHAL, ENGLEBRIGHT, McMAHON, BUTTENSCHON, GOODELL, TAGUE,
ASHBY, NORRIS, BARRETT, SEAWRIGHT, COLTON, GOTTFRIED, PALMESANO, McDO-
NOUGH, HUNTER, BRONSON -- 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03678-01-1
A. 1560 2
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
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.