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

                                  5762

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to  compensation  and
  medical expenses of certain injured state employees

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

  Section 1. The state finance law is amended by adding  a  new  section
209-c to read as follows:
  S  209-C.  PAYMENT  OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
EMPLOYEES IN THE PAROLE  OFFICER  SERIES  TITLES,  HEREIN  AFTER  CALLED
PAROLE OFFICERS.  1. ANY EMPLOYEE IN THE PAROLE OFFICER TITLE SERIES, IN
THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION WHO IS INJURED
IN THE PERFORMANCE OF HIS OR HER DUTIES OR WHO IS TAKEN SICK AS A RESULT
OF THE PERFORMANCE OF HIS OR HER DUTIES SO AS TO NECESSITATE MEDICAL  OR
OTHER  LAWFUL  REMEDIAL  TREATMENT  SHALL  BE PAID BY THE STATE THE FULL
AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES FOR THE DURATION OF HIS  OR
HER  LEAVE  FOR  OCCUPATIONAL  INJURY  OR DISEASE AS PROVIDED BY SECTION
SEVENTY-ONE OF THE CIVIL SERVICE LAW AND, IN ADDITION THE STATE SHALL BE
LIABLE FOR ALL MEDICAL  TREATMENT  AND  HOSPITAL  CARE  NECESSITATED  BY
REASON OF SUCH INJURY OR ILLNESS. PROVIDED, HOWEVER, AND NOTWITHSTANDING
THE  FOREGOING  PROVISIONS OF THIS SECTION, THE STATE HEALTH AUTHORITIES
OR ANY PHYSICIAN APPOINTED FOR THE PURPOSE BY THE STATE, AFTER A  DETER-
MINATION  HAS  FIRST BEEN MADE THAT SUCH INJURY OR SICKNESS WAS INCURRED
DURING, OR RESULTED FROM, SUCH PERFORMANCE OF DUTY, MAY ATTEND ANY  SUCH
INJURED  OR  SICK  PAROLE OFFICER, FROM TIME TO TIME, FOR THE PURPOSE OF
PROVIDING  MEDICAL,  SURGICAL  OR  OTHER  TREATMENT,   OR   FOR   MAKING
INSPECTIONS  AND THE STATE SHALL NOT BE LIABLE FOR SALARY OR WAGES PAYA-
BLE TO SUCH PAROLE OFFICER, OR FOR THE  COST  OF  MEDICAL  TREATMENT  OR
HOSPITAL  CARE  FURNISHED  AFTER SUCH DATE AS SUCH HEALTH AUTHORITIES OR
PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR  SICK  PAROLE  OFFICER  HAS
RECOVERED  AND  IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGULAR DUTIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04617-02-5
              

S. 5762                             2

ANY INJURED OR SICK PAROLE OFFICER WHO SHALL REFUSE  TO  ACCEPT  MEDICAL
TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS
AS  HEREIN  AUTHORIZED  SHALL BE DEEMED TO HAVE WAIVED HIS OR HER RIGHTS
UNDER  THIS  SECTION  IN  RESPECT  TO  EXPENSES FOR MEDICAL TREATMENT OR
HOSPITAL CARE RENDERED AND  FOR  SALARY  OR  WAGES  PAYABLE  AFTER  SUCH
REFUSAL.
  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 PAROLE OFFICER.
  2. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS  PROVIDED
BY  SUBDIVISION  ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT
TO ANY PAROLE OFFICER WHO IS PERMANENTLY DISABLED  AS  A  RESULT  OF  AN
INJURY  OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS OR
HER DUTIES IF SUCH PAROLE OFFICER IS GRANTED  AN  ACCIDENTAL  DISABILITY
RETIREMENT  ALLOWANCE  PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT
AND SOCIAL  SECURITY  LAW,  A  RETIREMENT  FOR  DISABILITY  INCURRED  IN
PERFORMANCE  OF  DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION
PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICA-
TION FOR SUCH RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH PAROLE
OFFICER, APPLICATION THEREFOR MAY BE MADE BY  THE  COMMISSIONER  OF  THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  3. IF SUCH A PAROLE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH
ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
ITY PENSION AND IS NEVERTHELESS, IN THE OPINION OF SUCH HEALTH  AUTHORI-
TIES  OR  PHYSICIAN,  UNABLE  TO  PERFORM HIS OR HER REGULAR DUTIES AS A
RESULT OF SUCH INJURY OR SICKNESS BUT IS  ABLE,  IN  THEIR  OPINION,  TO
PERFORM  SPECIFIED  TYPES  OF  LIGHT PAROLE OFFICER DUTY, PAYMENT OF THE
FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY  SUBDIVISION  ONE
OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO SUCH PAROLE OFFI-
CER  IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PAROLE OFFICER DUTY
IF THE SAME IS AVAILABLE AND OFFERED TO HIM OR HER;  PROVIDED,  HOWEVER,
THAT  SUCH  LIGHT  DUTY  SHALL BE CONSISTENT WITH HIS OR HER STATUS AS A
PAROLE OFFICER AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO
HIS OR HER REGULAR SALARY OR  WAGES,  INCLUDING  INCREASES  THEREOF  AND
FRINGE  BENEFITS,  TO  WHICH HE OR SHE WOULD HAVE BEEN ENTITLED IF HE OR
SHE WERE ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
  4. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
OFFICIALS MAY TRANSFER SUCH A PAROLE OFFICER TO A  POSITION  IN  ANOTHER
UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU-
ANT  TO  APPLICABLE  CIVIL  SERVICE REQUIREMENTS AND PROVIDED THE PAROLE
OFFICER SHALL CONSENT THERETO.
  5. IF SUCH A PAROLE OFFICER IS NOT ELIGIBLE FOR OR IS NOT  GRANTED  AN
ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
ITY PENSION, HE OR SHE SHALL NOT BE ENTITLED TO FURTHER PAYMENT  OF  THE
FULL  AMOUNT  OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE
OF THIS SECTION, AFTER HE OR  SHE  SHALL  HAVE  ATTAINED  THE  MANDATORY
SERVICE  RETIREMENT  AGE APPLICABLE TO HIM OR HER OR SHALL HAVE ATTAINED
THE AGE OR PERFORMED THE PERIOD OF SERVICE SPECIFIED BY  APPLICABLE  LAW
FOR THE TERMINATION OF HIS OR HER SERVICE.
  6.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, A CAUSE OF
ACTION SHALL ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM  OR  SUMS
ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI-
TAL  CARE  AS  AGAINST  ANY  THIRD PARTY AGAINST WHOM THE PAROLE OFFICER

S. 5762                             3

SHALL HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED
BY SUCH THIRD PARTY.
  7. NOTHING HEREIN SHALL WAIVE, MODIFY, OR LIMIT ANY RIGHTS OR BENEFITS
PROVIDED  BY  THE  WORKERS'  COMPENSATION LAW TO COVERED PAROLE OFFICERS
WHICH EXCEED THE BENEFITS CONTAINED HEREIN OR CONTINUE BEYOND  THE  TERM
OF  A  COVERED PAROLE OFFICER'S LEAVE FOR OCCUPATIONAL INJURY OR DISEASE
AS PROVIDED BY SECTION SEVENTY-ONE OF THE CIVIL SERVICE LAW.
  S 2. This act shall take effect immediately.