S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    283
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, SANTABARBARA, DeSTEFANO, MORINELLO,
   TAGUE, FRONTUS, GRIFFIN, MANKTELOW, STECK, ASHBY, PICHARDO  --  Multi-
   Sponsored by -- M.  of A. BLANKENBUSH -- read once and referred to the
   Committee on Labor

 AN  ACT  to  amend the workers' compensation law and the volunteer fire-
   fighters' benefit law, in relation to requiring the state  to  provide
   reimbursement of certain costs and benefits incurred as a result of an
   injury occurring during a mutual aid call
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 10 of  the  workers'  compensation
 law is renumbered subdivision 5 and a new subdivision 4 is added to read
 as follows:
   4.  IF  A  PAID FIREFIGHTER OR PAID FIRE TRUCK DRIVER IN THE COURSE OF
 RESPONDING TO A MUTUAL AID CALL SUFFERS AN INJURY  CAUSALLY  RELATED  TO
 SUCH  MUTUAL  AID CALL AND INCURS COSTS FOR MEDICAL TREATMENT, LOST TIME
 FROM HIS OR HER POSITION, REDUCED EARNINGS OR  ANY  OTHER  COST  PAYABLE
 UNDER THIS CHAPTER, THE STATE SHALL REIMBURSE THE MUNICIPALITY EMPLOYING
 THE  FIREFIGHTER  OR FIRE TRUCK DRIVER FOR ALL SUCH COSTS.  IN ADDITION,
 SHOULD A MUNICIPALITY INCUR OVERTIME COSTS DUE TO  A  MUTUAL  AID  CALL,
 WHETHER  OR  NOT AN INJURY OCCURS, THE STATE SHALL REIMBURSE THE MUNICI-
 PALITY FOR SUCH OVERTIME COSTS.   REIMBURSEMENT UNDER  THIS  SUBDIVISION
 SHALL  NOT EXCEED THE ACTUAL COST INCURRED. EACH MUNICIPALITY THAT SEEKS
 REIMBURSEMENT PURSUANT TO THIS SUBDIVISION SHALL SUBMIT ITS  CLAIMS  FOR
 REIMBURSEMENT  ON  FORMS  APPROVED  BY  AND IN ACCORDANCE WITH RULES AND
 REGULATIONS PROMULGATED BY THE COMMISSIONERS.
   § 2. Section 30 of the volunteer firefighters' benefit law is  amended
 by adding a new subdivision 13 to read as follows:
   13. IF A VOLUNTEER FIREFIGHTER IN THE COURSE OF RESPONDING TO A MUTUAL
 AID  CALL SUFFERS AN INJURY CAUSALLY RELATED TO SUCH MUTUAL AID CALL AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04006-01-1

 A. 283                              2
 
 INCURS COSTS FOR MEDICAL TREATMENT, LOST TIME FROM HIS OR HER  POSITION,
 LOSS OF EARNINGS OR ANY OTHER COST PAYABLE UNDER THIS CHAPTER, THE STATE
 SHALL  REIMBURSE THE FIRE DEPARTMENT THE FIREFIGHTER VOLUNTEERS WITH FOR
 ALL  SUCH  COSTS.  REIMBURSEMENT UNDER THIS SUBDIVISION SHALL NOT EXCEED
 THE ACTUAL COST INCURRED. EACH FIRE DEPARTMENT THAT SEEKS  REIMBURSEMENT
 PURSUANT  TO  THIS SUBDIVISION SHALL SUBMIT ITS CLAIMS FOR REIMBURSEMENT
 ON FORMS APPROVED BY  AND  IN  ACCORDANCE  WITH  RULES  AND  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONERS  OF  THE STATE INSURANCE FUND OF THE
 DEPARTMENT OF LABOR OF THE STATE OF NEW YORK.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law and shall apply to costs incurred during mutual aid
 calls occurring on and after such effective date.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.