S T A T E   O F   N E W   Y O R K
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                                  6834

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to city employees injured in the course of duty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions a and b and the closing paragraph of section
12-127 of the administrative code of the city of New York,  subdivisions
a  and b as amended and the closing paragraph as added by chapter 806 of
the laws of 1986, are amended to read as follows:
  a. Any ACTIVE OR RETIRED member of the uniformed forces of the fire or
police departments, OR ANY MEMBER WHO IS OTHERWISE SEPARATED  FROM  SUCH
SERVICE  WITH  VESTED  PENSION  RIGHTS,  or  any  person employed in the
department of sanitation in the sanitation service classification of the
classified civil service who shall be injured while actually employed in
the discharge of police orders of his or her superior  officers  in  the
police  station,  fire  house or sanitation section station, as the case
may be, or as the result of illness traceable directly to  the  perform-
ance  of  police,  fire  or  sanitation duty, as the case may be, or any
employee of the department of parks, general services, ports and  termi-
nals  or  environmental  protection  or  a person employed by the police
commissioner as a school crossing guard who shall be injured while actu-
ally employed in the discharge of duty, shall be received by any  hospi-
tal  for care and treatment when such facts are certified to by the head
of the department. Unless  otherwise  provided  in  this  section,  such
members  OR  RETIRED OR VESTED MEMBERS shall be received by any hospital
at the usual ward patient rates. The bill for such care and treatment at
such rates, when certified by the  superintendent  or  other  person  in
charge  of  such  hospital  and  approved  by the head of the department
concerned, shall be paid by the city.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09825-01-3

              

A. 6834                             2

  b. Any ACTIVE OR RETIRED member of the uniformed forces of the fire or
police department, OR ANY MEMBER WHO IS OTHERWISE  SEPARATED  FROM  SUCH
SERVICE  WITH  VESTED  PENSION  RIGHTS,  or  any  person employed in the
department of sanitation in the sanitation service classification of the
classified civil service or a person employed by the police commissioner
as a school crossing guard who, while in the actual performance of duty,
and  by  reason  of  the  performance  of such duty and without fault or
misconduct on his or her part, shall receive injuries to an extent which
may endanger his or her life, shall be received by any hospital for care
and treatment, and shall be afforded such medical or surgical  care  and
hospitalization  as  may  be ordered by the chief medical officer of the
respective  departments  in  conformity  with  the  provisions  of  this
section.  Such medical officer shall forthwith notify the comptroller of
the care and hospitalization so ordered. The rate charged for such  care
and  hospitalization for such member OR RETIRED OR VESTED MEMBER or such
person shall not exceed the rate charged any person  in  receipt  of  an
income equal to the salary of such member or of such person for the same
accommodations.  The  comptroller  and  the  heads  of  the  departments
affected shall make necessary rules and regulations  to  carry  out  the
provisions  of  this  section.  Upon  certification by the chief medical
officer of the department concerned, the bill for such care  and  hospi-
talization,  when  certified  by  the  superintendent or other person in
charge of the hospital and  approved  by  the  head  of  the  department
concerned, shall be paid by the city.
  Notwithstanding  any  provision  of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the  provisions
of  this  section  shall not collect or attempt to collect reimbursement
for such treatment or care from any such city  employee  OR  RETIRED  OR
VESTED MEMBER.
  S 2. This act shall take effect immediately.