The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2145
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, JACOBSON, STECK, PRETLOW, DICKENS,
   DINOWITZ, LAVINE, GUNTHER, SIMON, MAGNARELLI, COLTON, HEVESI  --  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.
                                                            LBD02933-01-3
 A. 2145                             2

 
   2.  The  notice  of  temporary  payment  of compensation authorized by
 subdivision one of this  section  shall  be  delivered  to  the  injured
 employee  and  the  board. Such notice shall notify the injured employee
 that the temporary payment of compensation and prescribed medicine shall
 not  be  deemed  to be an admission of liability by the employer for the
 injury or injuries to the employee. The board, upon receipt of a  notice
 of temporary payment of compensation, shall send a notice to the injured
 employee IN SIXTEEN POINT TYPE stating that:
   (a)  the  board  has received a notice of temporary payment of compen-
 sation relating to such injured employee;
   (b) the payment of temporary compensation and prescribed medicine  and
 the  injured  employee's  acceptance  of such temporary compensation and
 prescribed medicine shall not  be  an  admission  of  liability  by  the
 employer, nor prejudice the claim of the injured employee; AND
   (c)  the  payment  of  temporary  compensation and prescribed medicine
 shall terminate on the elapse of: [one year] SIXTY DAYS, or the  employ-
 er's  contesting  of  the  injured employee's claim for compensation and
 prescribed medicine, or the board determination of the  injured  employ-
 ee's claim, whichever is first[; and
   (d)  the  injured  employee may be required to enter into an agreement
 with the employer to ensure the continuation of  payments  of  temporary
 compensation and prescribed medicine].
   3. An employer may cease making temporary payments of compensation and
 prescribed medicine if such employer delivers within five days after the
 last  payment, to the injured employee and the board, a notice of termi-
 nation of temporary payments of compensation on a form prescribed by the
 board. Such notice shall inform the injured employee that  the  employer
 is  ceasing  temporary  payment of compensation and prescribed medicine.
 Upon the cessation of temporary payments of compensation and  prescribed
 medicine,  [all] THE BOARD SHALL IMMEDIATELY SCHEDULE A HEARING TO ADJU-
 DICATE THE CLAIM. ALL parties to any action  pursuant  to  this  chapter
 shall  retain  all rights, defenses and obligations they would otherwise
 have pursuant to this chapter without regard for the  temporary  payment
 of compensation and prescribed medicine.
   4.  The  failure  of an employer to provide the notice of termination,
 pursuant to subdivision three of this section, within [one  year]  SIXTY
 DAYS  of  the commencement of temporary payment of compensation shall be
 deemed to be an admission of liability by the employer and the notice of
 temporary payment of compensation shall be  converted  to  a  notice  of
 compensation payable.
   § 4. This act shall take effect immediately.