S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1511
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. JEAN-PIERRE, SIMON, OTIS, STERN, THIELE, CRUZ,
   L. ROSENTHAL, McMAHON, BUTTENSCHON, GOODELL, TAGUE,  NORRIS,  BARRETT,
   SEAWRIGHT,  COLTON, PALMESANO, McDONOUGH, 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.
                                                            LBD02869-01-3
 A. 1511                             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.