Assembly Bill A9922A

Signed By Governor
2021-2022 Legislative Session

Relates to presumptive evidence for individuals who participated in the World Trade Center rescue, recovery and clean-up operations

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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Bill Amendments

2021-A9922 - Details

See Senate Version of this Bill:
S9370
Law Section:
Workers' Compensation Law
Laws Affected:
Add §169, Work Comp L

2021-A9922 - Summary

Relates to presumptive evidence for individuals who participated in the World Trade Center rescue, recovery and clean-up operations; provides that the Centers for Disease Control and Prevention World Trade Center Health Program Certification shall be deemed to be presumptive medical evidence of a causation of a qualifying condition.

2021-A9922 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9922
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the workers' compensation law, in relation to presump-
   tive evidence for individuals who  participated  in  the  World  Trade
   Center rescue, recovery and clean-up operations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 161 of the workers' compensation law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  "CENTERS  FOR  DISEASE  CONTROL  AND PREVENTION WORLD TRADE CENTER
 HEALTH PROGRAM CERTIFICATION" SHALL BE DEEMED TO BE PRESUMPTIVE  MEDICAL
 EVIDENCE OF A CAUSALLY RELATED DIAGNOSIS FOR AN INDIVIDUAL COVERED UNDER
 THIS SECTION.
   §  2. The workers' compensation law is amended by adding a new section
 169 to read as follows:
   § 169. PRESUMPTIVE EVIDENCE. NOTWITHSTANDING  THE  PROVISIONS  OF  ANY
 GENERAL,  SPECIAL  OR  LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF HEALTH OR  DEATH  OF  AN  INDIVIDUAL  WHO
 FILES A WORKERS' COMPENSATION CLAIM UNDER THIS ARTICLE OR A DEPENDENT OF
 A  DECEDENT  WHO  FILES A WORKERS' COMPENSATION CLAIM UNDER THIS ARTICLE
 SHALL BE PRESUMPTIVE EVIDENCE  THAT  SUCH  CONDITION  OF  IMPAIRMENT  OF
 HEALTH  OR  DEATH  WAS INCURRED AS A RESULT OF SUCH INDIVIDUAL'S PARTIC-
 IPATION IN THE WORLD TRADE CENTER RESCUE, RECOVERY  AND  CLEAN-UP  OPER-
 ATIONS.  PROVIDED  FURTHER, THE BOARD SHALL ACCEPT THE CERTIFICATIONS OF
 THE CENTERS FOR DISEASE CONTROL AND PREVENTION WORLD TRADE CENTER HEALTH
 PROGRAM AS PRESUMPTIVE EVIDENCE  OF  CAUSATION  OF  CERTIFIED  ILLNESSES
 PURSUANT TO 42 USC 300MM.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15101-02-2

co-Sponsors

2021-A9922A (ACTIVE) - Details

See Senate Version of this Bill:
S9370
Law Section:
Workers' Compensation Law
Laws Affected:
Add §169, Work Comp L

2021-A9922A (ACTIVE) - Summary

Relates to presumptive evidence for individuals who participated in the World Trade Center rescue, recovery and clean-up operations; provides that the Centers for Disease Control and Prevention World Trade Center Health Program Certification shall be deemed to be presumptive medical evidence of a causation of a qualifying condition.

2021-A9922A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9922--A
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees -- reported and referred to the Committee on
   Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation  to  presump-
   tive  evidence  for  individuals  who  participated in the World Trade
   Center rescue, recovery and clean-up operations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 169 to read as follows:
   § 169. PRESUMPTIVE EVIDENCE. 1. THE BOARD  SHALL  ACCEPT  THE  CERTIF-
 ICATIONS  OF  THE CENTERS FOR DISEASE CONTROL AND PREVENTION WORLD TRADE
 CENTER HEALTH PROGRAM AS PRESUMPTIVE EVIDENCE OF CAUSATION OF  CERTIFIED
 ILLNESSES  PURSUANT  TO  42 USC 300MM FOR CLAIMS FILED FOR CONDITIONS OF
 IMPAIRMENT OF HEALTH OR DEATH PURSUANT TO A QUALIFYING CONDITION.
   2. NOTWITHSTANDING SECTION EIGHTEEN OR TWENTY-EIGHT OF  THIS  CHAPTER,
 ANY  CLAIMANT  WHO FILED A CLAIM OR CLAIMS THAT WERE DENIED PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION MAY REFILE SUCH CLAIM  OR  CLAIMS  WITHIN
 TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15101-03-2

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