S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4710
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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 561 of the laws of 2022, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09443-01-3
              

 A. 4710                             2
 
   § 162. Registration of participation in  World  Trade  Center  rescue,
 recovery  and  clean-up  operations. In order for the claim of a partic-
 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-six] TWENTY-SEVEN.  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 561 of
 the laws of 2022, 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-six] TWENTY-SEVEN, 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.