Relates to certain medical record requirements for participants in the World Trade Center rescue, recovery, or cleanup operations; extends the registration period for participation in the World Trade Center rescue, recovery and clean-up operations to September 11, 2027.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4710
SPONSOR: McGowan TITLE OF BILL:
An act to amend the workers' compensation law and the retirement and
social security law, in relation to certain medical record requirements
for participants in the World Trade Center rescue, recovery, or cleanup
operations
PURPOSE OR GENERAL IDEA OF BILL:
Permits a participant in the World Trade Center rescue, recover, or
cleanup operation to provide medical records that were utilized by such
participant to gain acceptance into the federal World Trade Center
health program as an alternative to the required examination or test.
SUMMARY OF PROVISIONS:
Section I: Amends subdivision 3 of section 161 of the workers compen-
sation law by adding new paragraph (f) to include in the list of quali-
fying conditions all those conditions/disease certified in writing by
the federal World Trade Center Health Program as related to the WTC
rescue, recovery, and clean-up.operation.
Section II: Amends Section 162 of the workers compensation law to extend
to 2025 the deadline by which individuals must submit to the workers'
compensation board a written and sworn statement for the purpose of
registering as a participant in the WTC rescue, recovery, and clean-up
operations.
Section III: Amends subparagraph (i) of paragraph (a) of subdivision 36
of section 2 of the retirement and social security law to extend to 2025
the deadline by which retirees must submit to their retirement system a
written and sworn statement for the purpose of registering as a partic-
ipant in the WTC rescue, recovery, and clean-up operations.
Section IV: Establishes that this act shall take effect immediately;
provide, however, that section one of this act shall take effect on the
ninetieth day after it shall have become a law.
JUSTIFICATION:
On September 11th, 2001, New York was the center of a horrific terrorist
attack on American soil. First responders and everyday New Yorkers with-
stood the attack, rescued their fellow citizens from peril, and
displayed incredible heroism. In the weeks, months, and years after, our
state's citizens recovered and cleaned up the remnants of the World
Trade Center. Now, these heroes are faced with the realities of long
term health ailments from their sacrifices to save New Yorkers imme-
diately following 9/11 and in the subsequent efforts to build back New
York.
These heroes, even two decades later, have lasting health conditions
from time spent at Ground Zero. However, to gain acceptance into the
World Trade Center Health Program, individuals are required to go an
extra-step beyond the opinion of their primary care provider to have
medical ailments covered. These Ground Zero heroes deserve to be noti-
fied by their healthcare provider about the link between their service
and their aliment, and not be burdened by the task of being identified,
tested, and assessed by a third-party doctor.
Additionally, extending this program into 2025 would represent our
states' understanding of the evolving negative health effects for the
individuals spending hours, days or weeks cn Ground Zero. New York state
has a duty to provide coverage and care for the participants of rescue
and recovery units at the World Trade Center, not to burden them with
extra medical steps or close off the application process.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.9726 -A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately; provide, however, that section
one of this act shall take effect on the ninetieth day after it shall
have become a law.
STATE OF NEW YORK
________________________________________________________________________
4710
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the workers' compensation law and the retirement and
social security law, in relation to certain medical record require-
ments for participants in the World Trade Center rescue, recovery, or
cleanup operations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (d) and (e) of subdivision 3 of section 161 of
2 the workers' compensation law, paragraph (d) as added and paragraph (e)
3 as amended by chapter 489 of the laws of 2013, are amended and a new
4 paragraph (f) is added to read as follows:
5 (d) Diseases of the psychological axis, including post-traumatic
6 stress disorder, anxiety, depression, or any combination of such condi-
7 tions; [or]
8 (e) New onset diseases resulting from exposure as such diseases occur
9 in the future including cancer, chronic obstructive pulmonary disease,
10 asbestos-related disease, heavy metal poisoning, musculoskeletal disease
11 and chronic psychological disease[.]; or
12 (f) Any disease and/or condition certified in writing by the federal
13 World Trade Center Health Program as a World Trade Center related health
14 condition shall be presumptive evidence that any disability or death
15 arising from such disease and/or condition was incurred during the World
16 Trade Center rescue, recovery and clean-up operations. This presumptive
17 evidence will establish such disease and/or condition onto such claim
18 without the need for medical evidence from the participants treating
19 physician and/or an independent medical examination by an insurance
20 carrier, self-insurer, the state insurance fund and/or employer as
21 defined in section one hundred thirty-seven of this chapter.
22 § 2. Section 162 of the workers' compensation law, as amended by chap-
23 ter 561 of the laws of 2022, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09443-01-3
A. 4710 2
1 § 162. Registration of participation in World Trade Center rescue,
2 recovery and clean-up operations. In order for the claim of a partic-
3 ipant in World Trade Center rescue, recovery and clean-up operations to
4 come within the application of this article, such participant must file
5 a written and sworn statement with the board on a form promulgated by
6 the chair indicating the dates and locations of such participation and
7 the name of such participant's employer during the period of partic-
8 ipation. Such statement must be filed not later than September eleventh,
9 two thousand [twenty-six] twenty-seven. The board shall transmit a copy
10 of such statement to the employer or carrier named therein. The filing
11 of such a statement shall not be considered the filing of a claim for
12 benefits under this chapter.
13 § 3. Subparagraph (i) of paragraph (a) of subdivision 36 of section 2
14 of the retirement and social security law, as amended by chapter 561 of
15 the laws of 2022, is amended to read as follows:
16 (i) such member, or eligible beneficiary in the case of the member's
17 death, must have either filed a written and sworn statement with the
18 member's retirement system on a form provided by such system, or as
19 allowed by the member's retirement system, electronically submitted a
20 statement on a form provided by such system through a secure online
21 portal maintained by the member's retirement system that has duly vali-
22 dated the member's identity, indicating the underlying dates and
23 locations of employment not later than September eleventh, two thousand
24 [twenty-six] twenty-seven, and
25 § 4. This act shall take effect immediately; provided, however, that
26 section one of this act shall take effect on the ninetieth day after it
27 shall have become a law.
