S T A T E O F N E W Y O R K
________________________________________________________________________
9726--A
I N A S S E M B L Y
March 28, 2022
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law and the retirement and
social security law, in relation to certain medical record require-
ments for participants in the World Trade Center rescue, recovery, or
cleanup operations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 3 of section 161 of
the workers' compensation law, paragraph (d) as added and paragraph (e)
as amended by chapter 489 of the laws of 2013, are amended and a new
paragraph (f) is added to read as follows:
(d) Diseases of the psychological axis, including post-traumatic
stress disorder, anxiety, depression, or any combination of such condi-
tions; [or]
(e) New onset diseases resulting from exposure as such diseases occur
in the future including cancer, chronic obstructive pulmonary disease,
asbestos-related disease, heavy metal poisoning, musculoskeletal disease
and chronic psychological disease[.]; OR
(F) ANY DISEASE AND/OR CONDITION CERTIFIED IN WRITING BY THE FEDERAL
WORLD TRADE CENTER HEALTH PROGRAM AS A WORLD TRADE CENTER RELATED HEALTH
CONDITION SHALL BE PRESUMPTIVE EVIDENCE THAT ANY DISABILITY OR DEATH
ARISING FROM SUCH DISEASE AND/OR CONDITION WAS INCURRED DURING THE WORLD
TRADE CENTER RESCUE, RECOVERY AND CLEAN-UP OPERATIONS. THIS PRESUMPTIVE
EVIDENCE WILL ESTABLISH SUCH DISEASE AND/OR CONDITION ONTO SUCH CLAIM
WITHOUT THE NEED FOR MEDICAL EVIDENCE FROM THE PARTICIPANTS TREATING
PHYSICIAN AND/OR AN INDEPENDENT MEDICAL EXAMINATION BY AN INSURANCE
CARRIER, SELF-INSURER, THE STATE INSURANCE FUND AND/OR EMPLOYER AS
DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER.
§ 2. Section 162 of the workers' compensation law, as amended by chap-
ter 266 of the laws of 2018, is amended to read as follows:
§ 162. Registration of participation in World Trade Center rescue,
recovery and clean-up operations. In order for the claim of a partic-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14270-03-2
A. 9726--A 2
ipant in World Trade Center rescue, recovery and clean-up operations to
come within the application of this article, such participant must file
a written and sworn statement with the board on a form promulgated by
the chair indicating the dates and locations of such participation and
the name of such participant's employer during the period of partic-
ipation. Such statement must be filed not later than September eleventh,
two thousand [twenty-two] TWENTY-FIVE. The board shall transmit a copy
of such statement to the employer or carrier named therein. The filing
of such a statement shall not be considered the filing of a claim for
benefits under this chapter.
§ 3. Subparagraph (i) of paragraph (a) of subdivision 36 of section 2
of the retirement and social security law, as amended by chapter 425 of
the laws of 2021, is amended to read as follows:
(i) such member, or eligible beneficiary in the case of the member's
death, must have either filed a written and sworn statement with the
member's retirement system on a form provided by such system, or as
allowed by the member's retirement system, electronically submitted a
statement on a form provided by such system through a secure online
portal maintained by the member's retirement system that has duly vali-
dated the member's identity, indicating the underlying dates and
locations of employment not later than September eleventh, two thousand
[twenty-two] TWENTY-FIVE, and
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after it
shall have become a law.