Assembly Bill A10472

2019-2020 Legislative Session

Enacts the COVID-19 injured workers' protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A10472 (ACTIVE) - Details

See Senate Version of this Bill:
S8396
Current Committee:
Assembly Labor
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§13-a & 21-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2127, S4399
2023-2024: A2145

2019-A10472 (ACTIVE) - Summary

Enacts the "COVID-19 injured workers' protection act"; establishes a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19

2019-A10472 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10472
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
   -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the treat-
   ment by a medical provider for the novel coronavirus, COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  This act shall be known and may be cited as the  "COVID-19
 injured workers' protection act."
   §  2.    Section  13-a  of the workers' compensation law is amended by
 adding a new subdivision 8 to read as follows:
   (8) (A) IT SHALL BE PRESUMED THAT  TREATMENT  RENDERED  BY  A  MEDICAL
 PROVIDER  FOR THE NOVEL CORONAVIRUS, COVID-19 WAS DONE SO ON AN EMERGENT
 BASIS SO AS NOT TO REQUIRE PRIOR AUTHORIZATION PURSUANT  TO  SUBDIVISION
 FIVE OF THIS SECTION.
   (B)  MEDICAL  PROVIDERS  TREATING  PATIENTS FOR THE NOVEL CORONAVIRUS,
 COVID-19 NEED NOT BE AUTHORIZED BY THE CHAIR PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION.
   § 3. Section 21-a of the workers' compensation law, as added by  chap-
 ter 635 of the laws of 1996, subdivisions 1, 2 and 3 as amended by chap-
 ter 6 of the laws of 2007, is amended to read as follows:
   §  21-a.  Temporary  payment  of  compensation. 1. Notwithstanding any
 other provision of this chapter to the  contrary,  in  any  instance  in
 which  an  employer is unsure of the extent of its liability for a claim
 for compensation by an injured employee pursuant to this  chapter,  such
 employer  may initiate compensation payments and payments for prescribed
 medicine and continue such payments for [one year] SIXTY  DAYS,  without
 prejudice  and  without admitting liability, in accordance with a notice
 of temporary payment of compensation AT THE TEMPORARY  TOTAL  DISABILITY
 RATE, on a form prescribed by the board.
   2.  The  notice  of  temporary  payment  of compensation authorized by
 subdivision one of this  section  shall  be  delivered  to  the  injured
 employee  and  the  board. Such notice shall notify the injured employee
 that the temporary payment of compensation and prescribed medicine shall
 not be deemed to be an admission of liability by the  employer  for  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.