S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    68
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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  the  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:
   §  209-C.  PAYMENT  OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
 CERTAIN EMPLOYEES. FOR THE PURPOSE OF THIS SECTION, THE TERM  "EMPLOYEE"
 SHALL  MEAN  A  STATE EMPLOYEE IN THE PAROLE REVOCATION SPECIALIST TITLE
 SERIES, REVENUE CRIME SPECIALIST TITLE SERIES OR  INVESTIGATIVE  OFFICER
 TITLE SERIES.
   1. ANY EMPLOYEE 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  HOSPI-
 TAL  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 DETERMINATION 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 EMPLOYEE, 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 PAYABLE TO SUCH EMPLOYEE, OR FOR THE COST OF MEDICAL TREATMENT  OR
 HOSPITAL  CARE  FURNISHED  AFTER SUCH DATE AS SUCH HEALTH AUTHORITIES OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05158-01-9

 S. 68                               2
 
 PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK EMPLOYEE HAS RECOVERED
 AND IS PHYSICALLY ABLE TO PERFORM  HIS  OR  HER  REGULAR  DUTIES.    ANY
 INJURED OR SICK EMPLOYEE WHO SHALL REFUSE TO ACCEPT MEDICAL TREATMENT OR
 HOSPITAL  CARE  OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS AS AUTHOR-
 IZED BY THIS SUBDIVISION 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 EMPLOYEE.
   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 EMPLOYEE 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  EMPLOYEE IS GRANTED AN ACCIDENTAL DISABILITY RETIREMENT ALLOW-
 ANCE PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT AND SOCIAL  SECU-
 RITY  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 APPLICATION FOR SUCH
 RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH  EMPLOYEE,  APPLICA-
 TION THEREFOR MAY BE MADE BY THE AGENCY HEAD.
   3.  IF  SUCH EMPLOYEE IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH ACCI-
 DENTAL 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 EMPLOYEE  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 EMPLOYEE IF  HE
 OR  SHE SHALL REFUSE TO PERFORM SUCH LIGHT 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 AN EMPLOYEE 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 AGENCY OFFICIALS MAY TRANSFER SUCH  EMPLOYEE  TO  A
 POSITION  IN ANOTHER UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE
 ABLE TO DO SO PURSUANT TO  APPLICABLE  CIVIL  SERVICE  REQUIREMENTS  AND
 PROVIDED THE EMPLOYEE SHALL CONSENT THERETO.
   5.  IF  SUCH  EMPLOYEE  IS NOT ELIGIBLE FOR OR IS NOT GRANTED AN ACCI-
 DENTAL 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 EMPLOYEE SHALL HAVE

 S. 68                               3
 
 A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS  CAUSED  BY  SUCH
 THIRD PARTY.
   7. NOTHING IN THIS SECTION SHALL WAIVE, MODIFY, OR LIMIT ANY RIGHTS OR
 BENEFITS  PROVIDED BY THE WORKERS' COMPENSATION LAW TO COVERED EMPLOYEES
 WHICH EXCEED THE BENEFITS CONTAINED HEREIN OR CONTINUE BEYOND  THE  TERM
 OF  A  COVERED  EMPLOYEE'S  LEAVE  FOR OCCUPATIONAL INJURY OR DISEASE AS
 PROVIDED BY SECTION SEVENTY-ONE OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.