Provides that if, as a result of services performed in line of duty during a state of emergency, a volunteer firefighter or volunteer ambulance worker is exposed to or comes in contact with COVID-19, the chief engineer or other executive officer of the fire department or fire company or the captain or other executive officer of the ambulance department, volunteer ambulance company or ambulance district of which they are a member may authorize such volunteer firefighter or volunteer ambulance worker to obtain such examinations, tests, treatment and care as are immediately necessary to determine whether they are injured; further grants a presumption that exposure to COVID-19 caused partial or total disability or death.
S T A T E O F N E W Y O R K
________________________________________________________________________
4822
2025-2026 Regular Sessions
I N A S S E M B L Y
February 6, 2025
___________
Introduced by M. of A. O'PHARROW -- 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
SUCH VOLUNTEER FIREFIGHTER IS A MEMBER MAY AUTHORIZE THE VOLUNTEER FIRE-
FIGHTER TO OBTAIN SUCH EXAMINATIONS, TESTS, TREATMENT AND CARE AS ARE
IMMEDIATELY NECESSARY TO DETERMINE WHETHER THEY ARE 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 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 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-
GENCE; AND (B) WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,
UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08795-01-5
A. 4822 2
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