NY State Senate Bill 2023-S3117A

Senate Bill S3117A

2023-2024 Legislative Session

Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation

download bill text pdf

Current 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2024	referred to labor delivered to assembly passed senate
Mar 25, 2024	advanced to third reading
Mar 21, 2024	2nd report cal.
Mar 20, 2024	1st report cal.701
Jan 03, 2024	referred to labor returned to senate died in assembly
May 30, 2023	referred to labor delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1084 committee discharged and committed to rules
Apr 26, 2023	print number 3117a
Apr 26, 2023	amend (t) and recommit to labor
Jan 27, 2023	referred to labor

Votes

- Apr 9, 2024 - Floor Vote
  S3117A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 9, 2024
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 30, 2023 - Floor Vote
  S3117A
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (1)
      
      Walczyk
      
      excused (2)
      
      Cooney
      
      Weik
  May 22, 2023 - Rules Committee Vote
  S3117A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 22, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
  Mar 20, 2024 - Labor Committee Vote
  S3117A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Mar 20, 2024
      
      aye (13)
      
      Fernandez
      
      Gounardes
      
      Jackson
      
      Martins
      
      Mattera
      
      Mayer
      
      Oberacker
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Skoufis

Bill Amendments

Original

A (Active)

2023-S3117 - Details

See Assembly Version of this Bill:: A4617
Current Committee:: Assembly Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§3 & 201, Work Comp L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8867, A8614

2023-S3117 - Summary

Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation; clarifies that disability includes disability caused by Lyme disease or other tick-borne diseases; requires insurance coverage of long term medical care for Lyme disease and other tick borne diseases.

2023-S3117 - Sponsor Memo

                                 
BILL NUMBER: S3117

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
Lyme disease and other tick-borne diseases as occupational diseases for
purposes of workers' compensation

 
PURPOSE OF THE BILL:

The purpose of this bill is to add Lyme Disease and other tick-borne
diseases to the list of occupational diseases where compensation shall
be payable for disabilities sustained or death incurred by an employee
under the Workers' Compensation Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would amend the Workers' Compensation Law to
include Lyme Disease and other tick-borne diseases as covered under
workers' compensation.

Section 2 of this bill would amend the closing paragraph of subdivision
2 of section 3 of the Workers' Compensation Law to reflect renumbering
of paragraphs.

Section 3 of this bill would amend the Workers' Compensation Law to
require that a "Disability" includes disability caused by or in
connection with Lyme disease and other tick-borne diseases.

Section 4 of this bill provides that the effective date shall take
effect on the one hundred twentieth day after it shall have become a
law.

 
JUSTIFICATION:

This vital legislation will ensure Workers' Compensation coverage for
disability caused by or in connection with Lyme disease and other tick-
borne diseases while performing work involving outdoor activity or the
treatment of animals.

Lyme disease is a lifelong illness that is exacerbated unless treated.
Unfortunately, Lyme disease, its co-infections and other tick-borne
diseases are generally hard to diagnose because their symptoms often
mimic those of dozens of other common illnesses and can present symptoms
that are sometimes misdiagnosed as mental illness, depression, nutri-
tional deficiencies or Alzheimer's disease.

Moreover, chronic Lyme disease is still not fully recognized by many
infectious disease doctors leading to further misdiagnoses.  Although
New York remains one of the states with the highest incidence of Lyme
disease, it has been reported in every state in the US. In addition to
the prevalence of Lyme disease throughout the state and country, there
are more than a dozen other tick-borne illnesses in the United States.
One tick may carry more than one disease, resulting in people receiving
a "co-infection" from a single tick bite. Climate change is causing New
York to experience longer and more severe tick seasons, with the majori-
ty of tick-to-human bites occurring in the warmer months when ticks are
most active and when more people are outdoors for recreation or work.
 
LEGISLATIVE HISTORY:

2021-22: S.8867 (Mannion) - Referred to Labor.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized to be made on or
before such effective date.

2023-S3117 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3117
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   Lyme  disease  and  other tick-borne diseases as occupational diseases
   for purposes of workers' compensation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph 30 of subdivision 2 of section 3 of the workers'
 compensation law, as renumbered by chapter 665 of the laws of  1971,  is
 renumbered  paragraph  31  and  a  new  paragraph 30 is added to read as
 follows:
 30. LYME DISEASE AND OTHER                   30. ANY PROCESS INVOLVING
 TICK-BORNE DISEASES.                         OUTDOOR ACTIVITY OR
                                              TREATMENT OF ANIMALS.
   § 2. The closing paragraph of subdivision 2 of section 3 of the  work-
 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
 amended to read as follows:
   Nothing  in paragraph [thirty] THIRTY-ONE of this subdivision shall be
 construed to apply to  any  disability  or  death  due  to  any  disease
 described in paragraph twenty-nine of this subdivision.
   §  3. Subdivision 9 of section 201 of the workers' compensation law is
 amended by adding a new paragraph C to read as follows:
   C. "DISABILITY" ALSO INCLUDES DISABILITY CAUSED BY  OR  IN  CONNECTION
 WITH LYME DISEASE AND OTHER TICK-BORNE DISEASES.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rules or regulations necessary for the  imple-
 mentation of this act on its effective date are authorized to be made on
 or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01432-01-3

co-Sponsors

2023-S3117A (ACTIVE) - Details

See Assembly Version of this Bill:: A4617
Current Committee:: Assembly Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§3 & 201, Work Comp L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8867, A8614

2023-S3117A (ACTIVE) - Summary

2023-S3117A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3117A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
Lyme disease and other tick-borne diseases as occupational diseases for
purposes of workers' compensation; and to amend the insurance law, in
relation to coverage of long term medical care for Lyme disease and
other tick-borne diseases

 
PURPOSE:

This bill would add Lyme Disease and other tick-borne diseases to the
list of occupational diseases for disabilities sustained or death
incurred by an employee under the Workers' Compensation Law.  Addi-
tionally, this bill would require health insurers to provide coverage
for long term medical care for Lyme Disease and other tick-borne
diseases.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Workers' Compensation Law, by
renumbering paragraph 31 and adding a new paragraph 30 to include Lyme
Disease and other tick-borne diseases as covered under workers' compen-
sation.

Section 2 of this bill would make technical amendments.

Section 3 of this bill would amend the Workers' Compensation Law by
requiring that a "disability" includes disability caused by or in
connection with Lyme disease and other tick-borne diseases.

Sections 4, 5, and 6 of this bill would amend the Insurance Law by
requiring health insurers to provide coverage for all costs for treat-
ment of Lyme Disease and other tick-borne diseases.

Section 7 of this bill provides that the effective date shall take
effect on the one hundred twentieth day after it shall have become a
law.

 
JUSTIFICATION:

This bill would ensure Workers' Compensation Law coverage for a disabil-
ity caused by or in connection with Lyme disease and other tick-borne
diseases while performing work involving outdoor activity or the treat-
ment of animals. Additionally, this bill would require health insurers
to provide coverage for long term medical care of Lyme Disease and other
tick-borne diseases.

Lyme disease is a lifelong illness that is exacerbated unless treated
immediately. Unfortunately, Lyme disease, its co-infections, and other
tick-borne diseases are generally hard to diagnose because their symp-
toms often mimic those of dozens of other common illnesses, presenting
symptoms that are sometimes misdiagnosed as mental illness, depression,
nutritional deficiencies or Alzheimer's disease.  Furthermore, chronic
Lyme disease is still not fully recognized by many infectious disease
doctors leading to further misdiagnoses.

One tick may carry more than one disease, resulting in people receiving
a "co-infection," two illnesses, from a single tick bite.  Climate
change, specifically, higher temperatures, is causing the State to expe-
rience longer and more severe tick seasons, with the majority of tick-
to-human bites occurring in the warmer months when ticks are most active
and when more people are outdoors for recreation or work.

 
LEGISLATIVE HISTORY:

2022-23: S.8867 (Mannion)- Referred to Labor.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized to be made on or
before such effective date.

2023-S3117A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3117--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to including
   Lyme disease and other tick-borne diseases  as  occupational  diseases
   for purposes of workers' compensation; and to amend the insurance law,
   in relation to coverage of long term medical care for Lyme disease and
   other tick-borne diseases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 30 of subdivision 2 of section 3 of the  workers'
 compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
 renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
 follows:
 30. LYME DISEASE AND OTHER                   30. ANY PROCESS INVOLVING
 TICK-BORNE DISEASES.                         OUTDOOR ACTIVITY OR
                                              TREATMENT OF ANIMALS.
   §  2. The closing paragraph of subdivision 2 of section 3 of the work-
 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
 amended to read as follows:
   Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
 construed  to  apply  to  any  disability  or  death  due to any disease
 described in paragraph twenty-nine of this subdivision.
   § 3. Subdivision 9 of section 201 of the workers' compensation law  is
 amended by adding a new paragraph C to read as follows:
   C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
 WITH LYME DISEASE AND OTHER TICK-BORNE DISEASES.
   § 4. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 39 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01432-05-3
 S. 3117--A                          2

 
   (39)  EVERY INSURER ISSUING A POLICY OF ACCIDENT AND HEALTH  INSURANCE
 FOR  DELIVERY  IN THIS STATE SHALL PROVIDE  COVERAGE  FOR  ALL COSTS FOR
 TREATMENT OF LYME DISEASE  (LYME    BORRELIOSIS)  AND  OTHER  TICK-BORNE
 DISEASES.  SUCH  TREATMENT  MAY  INCLUDE INTRAVENOUS ANTIBIOTIC THERAPY,
 ORAL  ANTIBIOTIC  THERAPY, OR ANY OTHER TREATMENT, OR ANY COMBINATION OF
 TREATMENTS, PROVIDED  SUCH  TREATMENT  IS  RECOMMENDED  BY  A  PHYSICIAN
 LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 5. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph  23 to read as follows:
   (23) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR ALL COSTS  FOR  TREATMENT  OF  LYME  DISEASE  (LYME
 BORRELIOSIS)  AND  OTHER TICK-BORNE DISEASES. SUCH TREATMENT MAY INCLUDE
 INTRAVENOUS ANTIBIOTIC THERAPY, ORAL ANTIBIOTIC THERAPY,  OR  ANY  OTHER
 TREATMENT,  OR ANY COMBINATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS
 RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF
 NEW YORK.
   § 6. Section  4303  of  the insurance law is amended by adding  a  new
 subsection (vv) to read as follows:
   (VV)  EVERY  MEDICAL  EXPENSE  INDEMNITY CORPORATION, HOSPITAL SERVICE
 CORPORATION AND HEALTH SERVICE CORPORATION WHICH PROVIDES  COVERAGE  FOR
 MEDICAL,  SURGICAL  OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE FOR ALL
 COSTS FOR TREATMENT OF LYME DISEASE (LYME BORRELIOSIS) AND  OTHER  TICK-
 BORNE DISEASES. SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBIOTIC THERA-
 PY,  ORAL ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY COMBINATION
 OF TREATMENTS, PROVIDED SUCH TREATMENT IS  RECOMMENDED  BY  A  PHYSICIAN
 LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 7. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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