S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4748
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal  law,  in  relation  to  providing
   volunteer  emergency  medical  technician  enhanced  cancer disability
   benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 205-ccc to read as follows:
   § 205-CCC. VOLUNTEER  EMERGENCY  MEDICAL  TECHNICIAN  ENHANCED  CANCER
 DISABILITY  BENEFITS. A LEGALLY ORGANIZED AMBULANCE DISTRICT, DEPARTMENT
 OR COMPANY SHALL PROVIDE AND MAINTAIN FOR EACH ELIGIBLE VOLUNTEER  EMER-
 GENCY  MEDICAL  TECHNICIAN, AN ENHANCED CANCER DISABILITY BENEFIT INSUR-
 ANCE PROGRAM.
   1. AS USED IN THIS SECTION:
   A. "ELIGIBLE VOLUNTEER EMERGENCY MEDICAL TECHNICIAN" MEANS:
   (I) A VOLUNTEER EMERGENCY MEDICAL TECHNICIAN HAVING FIVE OR MORE YEARS
 OF FAITHFUL AND  ACTUAL  SERVICE  IN  EMERGENCY  MEDICAL  TREATMENT  WHO
 SUCCESSFULLY  PASSED  A  PHYSICAL EXAMINATION ON ENTRY TO SERVICE, WHICH
 EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF CANCERS AS DEFINED IN PARA-
 GRAPH B OF THIS SUBDIVISION; AND
   (II) HAVING SUBMITTED PROOF OF FIVE  YEARS  OF  SERVICE  BY  PROVIDING
 VERIFICATION  THAT HE OR SHE HAS MET MINIMUM STANDARDS FOR CERTIFICATION
 AS AN EMERGENCY MEDICAL TECHNICIAN UNDER SECTION THREE THOUSAND  TWO  OF
 THE PUBLIC HEALTH LAW.
   B. "CANCER" MEANS:
   (I)  A DISEASE CAUSED BY AN UNCONTROLLED DIVISION OF ABNORMAL CELLS IN
 A PART OF THE BODY OR A MALIGNANT GROWTH OR  TUMOR  RESULTING  FROM  THE
 DIVISION OF ABNORMAL CELLS; AND
   (II)  AFFECTING  THE  PROSTATE  OR  BREAST,  LYMPHATIC, HEMATOLOGICAL,
 DIGESTIVE, URINARY, NEUROLOGICAL, OR REPRODUCTIVE SYSTEMS, OR MELANOMA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06774-01-1

 A. 4748                             2
 
   2. AN ELIGIBLE VOLUNTEER EMERGENCY MEDICAL TECHNICIAN SHALL  BE  ENTI-
 TLED TO PAYMENT OF ENHANCED CANCER BENEFITS AS FOLLOWS:
   A. A LUMP SUM BENEFIT OF TWENTY-FIVE THOUSAND DOLLARS FOR EACH DIAGNO-
 SIS  PAYABLE  TO SUCH EMERGENCY MEDICAL TECHNICIAN UPON ACCEPTABLE PROOF
 TO THE INSURANCE CARRIER OR OTHER PAYOR OF A DIAGNOSIS BY A BOARD CERTI-
 FIED PHYSICIAN IN THE MEDICAL SPECIALTY  APPROPRIATE  FOR  THE  TYPE  OF
 CANCER  DIAGNOSED THAT THERE ARE ONE OR MORE MALIGNANT TUMORS CHARACTER-
 IZED BY THE UNCONTROLLABLE AND ABNORMAL GROWTH AND SPREAD  OF  MALIGNANT
 CELLS WITH INVASION OF NORMAL TISSUE AND THAT EITHER:
   (I) THERE IS METASTASIS; AND
   (1) SURGERY, RADIOTHERAPY, OR CHEMOTHERAPY IS MEDICALLY NECESSARY; OR
   (2) THERE IS A TUMOR OF THE PROSTATE, PROVIDED THAT IT IS TREATED WITH
 RADICAL PROSTATECTOMY OR EXTERNAL BEAM THERAPY; OR
   (II)  THE EMERGENCY MEDICAL TECHNICIAN HAS TERMINAL CANCER, HIS OR HER
 LIFE EXPECTANCY IS TWENTY-FOUR MONTHS OR LESS FROM THE DATE  OF  DIAGNO-
 SIS, AND WILL NOT BENEFIT FROM, OR HAS EXHAUSTED, CURATIVE THERAPY.
   B.  A  LUMP  SUM BENEFIT OF SIX THOUSAND TWO HUNDRED FIFTY DOLLARS FOR
 EACH DIAGNOSIS PAYABLE TO SUCH EMERGENCY MEDICAL TECHNICIAN UPON ACCEPT-
 ABLE PROOF TO THE INSURANCE CARRIER OR OTHER PAYOR OF A DIAGNOSIS  BY  A
 BOARD  CERTIFIED  PHYSICIAN IN THE MEDICAL SPECIALTY APPROPRIATE FOR THE
 TYPE OF CANCER INVOLVED THAT EITHER:
   (I) THERE IS CARCINOMA IN SITU SUCH  THAT  SURGERY,  RADIOTHERAPY,  OR
 CHEMOTHERAPY HAS BEEN DETERMINED TO BE MEDICALLY NECESSARY;
   (II) THERE ARE MALIGNANT TUMORS WHICH ARE TREATED BY ENDOSCOPIC PROCE-
 DURES ALONE; OR
   (III) THERE ARE MALIGNANT MELANOMAS.
   C.  A  MONTHLY  BENEFIT OF ONE THOUSAND FIVE HUNDRED DOLLARS, OF WHICH
 THE FIRST PAYMENT SHALL BE MADE SIX MONTHS AFTER  TOTAL  DISABILITY  AND
 SUBMISSION  OF  ACCEPTABLE  PROOF  OF  SAID  DISABILITY TO THE INSURANCE
 CARRIER OR OTHER PAYOR THAT SUCH DISABILITY IS CAUSED BY CANCER AND THAT
 SUCH CANCER PRECLUDES THE EMERGENCY MEDICAL TECHNICIAN  FROM  PERFORMING
 HIS OR HER DUTIES IN THAT SERVICE. SUCH BENEFIT SHALL CONTINUE FOR UP TO
 THIRTY-SIX CONSECUTIVE MONTHLY PAYMENTS.
   (I)  SUCH  MONTHLY  BENEFIT  SHALL BE SUBORDINATE TO ANY OTHER BENEFIT
 ACTUALLY PAID TO THE EMERGENCY MEDICAL TECHNICIAN SOLELY FOR SUCH  DISA-
 BILITY  FROM ANY OTHER SOURCE, NOT INCLUDING PRIVATE INSURANCE PURCHASED
 SOLELY BY THE EMERGENCY MEDICAL TECHNICIAN, AND SHALL BE LIMITED TO  THE
 DIFFERENCE  BETWEEN THE AMOUNT OF SUCH OTHER PAID BENEFIT AND THE AMOUNT
 SPECIFIED HEREIN; AND
   (II) ANY EMERGENCY MEDICAL TECHNICIAN RECEIVING SUCH MONTHLY  BENEFITS
 MAY  BE  REQUIRED TO HAVE HIS OR HER CONDITION REEVALUATED. IN THE EVENT
 ANY SUCH REEVALUATION REVEALS THAT SUCH PERSON HAS REGAINED THE  ABILITY
 TO  PERFORM  DUTIES  AS AN EMERGENCY MEDICAL TECHNICIAN, THEN HIS OR HER
 MONTHLY BENEFITS SHALL CEASE THE LAST DAY OF THE MONTH OF REEVALUATION.
   (III) IN THE EVENT THAT THERE IS A SUBSEQUENT REOCCURRENCE OF A  DISA-
 BILITY CAUSED BY CANCER WHICH PRECLUDES THE EMERGENCY MEDICAL TECHNICIAN
 FROM  PERFORMING  HIS  OR  HER  DUTIES,  HE  OR SHE SHALL BE ENTITLED TO
 RECEIVE ANY REMAINING MONTHLY PAYMENTS.
   D. AN ELIGIBLE VOLUNTEER EMERGENCY MEDICAL TECHNICIAN  SHALL  ALSO  BE
 ENTITLED  TO  AN ADDITIONAL PAYMENT OF ENHANCED CANCER DEATH BENEFITS IN
 THE AMOUNT OF FIFTY THOUSAND DOLLARS WHICH IS PAYABLE TO SUCH  VOLUNTEER
 OR  HIS  OR  HER  BENEFICIARY UPON ACCEPTABLE PROOF BY A BOARD CERTIFIED
 PHYSICIAN THAT SUCH EMERGENCY MEDICAL TECHNICIAN'S DEATH  RESULTED  FROM
 COMPLICATIONS ASSOCIATED WITH CANCER.

 A. 4748                             3
 
   E.  PROVIDED  HOWEVER, AN ELIGIBLE VOLUNTEER EMERGENCY MEDICAL TECHNI-
 CIAN SHALL BE INELIGIBLE FOR THESE BENEFITS IF THEY ARE ALREADY PROVIDED
 PAID BENEFITS UNDER THIS ARTICLE.
   3.  THE COMBINED TOTAL OF ALL BENEFITS RECEIVED BY ANY ELIGIBLE VOLUN-
 TEER EMERGENCY MEDICAL TECHNICIAN PURSUANT TO  PARAGRAPHS  A  AND  B  OF
 SUBDIVISION  TWO  OF  THIS  SECTION DURING HIS OR HER LIFETIME SHALL NOT
 EXCEED FIFTY THOUSAND DOLLARS.
   4. AN ELIGIBLE VOLUNTEER EMERGENCY  MEDICAL  TECHNICIAN  SHALL  REMAIN
 ELIGIBLE  FOR  BENEFITS PURSUANT TO PARAGRAPHS A, B AND D OF SUBDIVISION
 TWO OF THIS SECTION FOR SIXTY MONTHS AFTER THE FORMAL CESSATION  OF  THE
 VOLUNTEER  EMERGENCY  MEDICAL TECHNICIAN'S STATUS AS AN ACTIVE VOLUNTEER
 EMERGENCY MEDICAL TECHNICIAN.  THE  AMBULANCE  DISTRICT,  DEPARTMENT  OR
 COMPANY  IN  WHICH  SUCH  EMERGENCY  MEDICAL  TECHNICIAN SERVED SHALL BE
 RESPONSIBLE FOR PAYMENT OF ALL PREMIUMS OR OTHER COSTS  ASSOCIATED  WITH
 BENEFITS PROVIDED UNDER PARAGRAPHS A, B AND D OF SUBDIVISION TWO OF THIS
 SECTION  THROUGHOUT  THE  DURATION  OF  THE ELIGIBLE VOLUNTEER EMERGENCY
 MEDICAL TECHNICIAN'S COVERAGE.
   5. AN AMBULANCE DISTRICT, DEPARTMENT OR COMPANY SHALL, NO  LATER  THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO, SHOW PROOF OF INSURANCE COVERAGE
 THAT  MEETS  THE REQUIREMENTS OF THIS SECTION OR SHALL SHOW SATISFACTORY
 PROOF OF THE ABILITY TO PAY SUCH COMPENSATION TO ENSURE ADEQUATE  COVER-
 AGE  FOR  ALL  ELIGIBLE  VOLUNTEER EMERGENCY MEDICAL TECHNICIANS.   SUCH
 COVERAGE SHALL REMAIN IN EFFECT UNTIL SIXTY MONTHS AFTER  THE  AMBULANCE
 DISTRICT,  DEPARTMENT  OR  COMPANY NO LONGER HAS ANY VOLUNTEER EMERGENCY
 MEDICAL TECHNICIANS WHO COULD QUALIFY FOR THIS BENEFIT.
   6. ANY AMBULANCE DISTRICT, DEPARTMENT OR COMPANY THAT HAS HAD A VOLUN-
 TEER EMERGENCY MEDICAL  TECHNICIAN  FILE  A  CLAIM  FOR  OR  RECEIVE  AN
 ENHANCED  CANCER DISABILITY BENEFIT UNDER THE PROVISIONS OF THIS SECTION
 SHALL REPORT SUCH CLAIMS FILED, CLAIMS PAID AND TYPES OF CLAIMS  TO  THE
 NEW  YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL. BEGINNING ON JANUARY
 FIRST, TWO THOUSAND  TWENTY-THREE,  NEW  YORK  STATE  EMERGENCY  MEDICAL
 SERVICES  COUNCIL  SHALL  REPORT ANNUALLY TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF  THE
 SENATE  FINANCE  COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
 COMMITTEE THE NUMBER OF EMERGENCY MEDICAL  TECHNICIANS  WHO  HAVE  FILED
 CLAIMS  PURSUANT  TO  THIS  SECTION  AND THE NUMBER OF EMERGENCY MEDICAL
 TECHNICIANS WHO HAVE RECEIVED BENEFITS  UNDER  THE  PROVISIONS  OF  THIS
 SECTION.
   7. THE NEW YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN CONSULTA-
 TION  WITH THE DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPEN-
 SATION BOARD, SHALL ADOPT SUCH RULES AND REGULATIONS AS  ARE  REASONABLE
 AND  NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH REGU-
 LATIONS SHALL INCLUDE THE PROCESS BY WHICH AN EMERGENCY MEDICAL  TECHNI-
 CIAN  FILES  A CLAIM FOR THE ENHANCED CANCER DISABILITY BENEFIT, HOW THE
 BENEFICIARY OF SUCH  ELIGIBLE  VOLUNTEER  EMERGENCY  MEDICAL  TECHNICIAN
 FILES  A  CLAIM  FOR  THE  ENHANCED CANCER DEATH BENEFIT, THE PROCESS BY
 WHICH CLAIMANTS CAN APPEAL A DENIAL OF BENEFITS AND WHAT PROOF IS DEEMED
 ACCEPTABLE TO QUALIFY FOR SUCH BENEFITS.
   § 2. This act shall take effect immediately.