New York S 4973: Relates to needs assessment and rate adequacy determination for medical assistance

Status: REFERRED TO HEALTH (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 4973

Sponsors: RIVERA

Bill Text

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S04973 Summary:

BILL NOS04973 

&nbsp

SAME ASSAME AS A00191

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRCOMRIE, HOYLMAN-SIGAL

&nbsp

MLTSPNSR

&nbsp

Amd §15, Work Comp L

&nbsp

Removes labor market attachment requirements for cases of permanent partial disability.

Go to top S04973 Actions:

BILL NOS04973 

&nbsp

02/14/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS04973 Committee&nbspVotes:

Go to topS04973 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04973 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4973

 2025-2026 Regular Sessions

 IN SENATE

 February 14, 2025
 ___________

 Introduced by Sens. BAILEY, COMRIE, HOYLMAN-SIGAL -- 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 removing
 labor market attachment requirements for certain disability cases

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph of paragraph w of subdivision 3 of
 2 section 15 of the workers' compensation law, as amended by section 1 of
 3 subpart A of part NNN of chapter 59 of the laws of 2017, is amended to
 4 read as follows:
 5 In all other cases of permanent partial disability, the compensation
 6 shall be sixty-six and two-thirds percent of the difference between the
 7 injured employee's average weekly wages and [his or her] such employee's
 8 wage-earning capacity thereafter in the same employment or otherwise.
 9 Compensation under this paragraph shall be payable during the contin-
 10 uance of such permanent partial disability, without the necessity for
 11 the claimant [who is entitled to benefits at the time of classification]
 12 to demonstrate [ongoing] attachment to the labor market, but subject to
 13 reconsideration of the degree of such impairment by the board on its own
 14 motion or upon application of any party in interest however, all compen-
 15 sation payable under this paragraph shall not exceed (i) five hundred
 16 twenty-five weeks in cases in which the loss of wage-earning capacity is
 17 greater than ninety-five percent; (ii) five hundred weeks in cases in
 18 which the loss of wage-earning capacity is greater than ninety percent
 19 but not more than ninety-five percent; (iii) four hundred seventy-five
 20 weeks in cases in which the loss of wage-earning capacity is greater
 21 than eighty-five percent but not more than ninety percent; (iv) four
 22 hundred fifty weeks in cases in which the loss of wage-earning capacity
 23 is greater than eighty percent but not more than eighty-five percent;
 24 (v) four hundred twenty-five weeks in cases in which the loss of wage-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01174-01-5

 S. 4973 2

 1 earning capacity is greater than seventy-five percent but not more than
 2 eighty percent; (vi) four hundred weeks in cases in which the loss of
 3 wage-earning capacity is greater than seventy percent but not more than
 4 seventy-five percent; (vii) three hundred seventy-five weeks in cases in
 5 which the loss of wage-earning capacity is greater than sixty percent
 6 but not more than seventy percent; (viii) three hundred fifty weeks in
 7 cases in which the loss of wage-earning capacity is greater than fifty
 8 percent but not more than sixty percent; (ix) three hundred weeks in
 9 cases in which the loss of wage-earning capacity is greater than forty
 10 percent but not more than fifty percent; (x) two hundred seventy-five
 11 weeks in cases in which the loss of wage-earning capacity is greater
 12 than thirty percent but not more than forty percent; (xi) two hundred
 13 fifty weeks in cases in which the loss of wage-earning capacity is
 14 greater than fifteen percent but not more than thirty percent; and (xii)
 15 two hundred twenty-five weeks in cases in which the loss of wage-earning
 16 capacity is fifteen percent or less. For a claimant with a date of acci-
 17 dent or disablement after the effective date of the chapter of the laws
 18 of two thousand seventeen that amended this subdivision, where the
 19 carrier or employer has provided co

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