assembly Bill A2127

2021-2022 Legislative Session

Enacts the COVID-19 injured workers' protection act

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2021 referred to labor

Co-Sponsors

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A2127 (ACTIVE) - Details

See Senate Version of this Bill:
S4399
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§13-a & 21-a, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
A10472, S8396

A2127 (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.

A2127 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2127
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, JACOBSON, STECK, PERRY, DICKENS,
   LAVINE,  GUNTHER,  DINOWITZ,  GALEF,  SIMON,  MAGNARELLI,   MONTESANO,
   COLTON, ENGLEBRIGHT, PRETLOW, FRONTUS -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.