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.