Senate Bill S4399

2021-2022 Legislative Session

Enacts the COVID-19 injured workers' protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S4399 (ACTIVE) - Details

See Assembly Version of this Bill:
A2127
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§13-a & 21-a, Work Comp L
Versions Introduced in 2021-2022 Legislative Session:
S4399, A2127

2021-S4399 (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

2021-S4399 (ACTIVE) - Sponsor Memo

2021-S4399 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4399
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, HOYLMAN, JACKSON, MAY, SAVINO -- read twice
   and ordered printed, and when printed to be committed 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.
                                                            LBD04939-01-1
              

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