N.Y. General Municipal Law § 205-cc: Volunteer firefighter enhanced cancer disability benefits

§ 205-cc. Volunteer firefighter enhanced cancer disability benefits. A

legally organized fire district, department or company shall provide and

maintain for each eligible volunteer firefighter, an enhanced cancer

disability benefit insurance program.

1. Definitions. As used in this section:

a. "Eligible volunteer firefighter" means:

* (i) A volunteer firefighter having five or more years of faithful

and actual service in the protection of life and property from fire in

the interior of buildings subsequent to having successfully passed a

physical examination which failed to reveal any evidence of cancers as

defined in paragraph b of this subdivision; and

* NB Effective until December 23, 2029

* (i) A volunteer firefighter having five or more years of faithful

and actual service in the protection of life and property from fire in

the interior of buildings and having successfully passed a physical

examination on entry to the firefighter service, which examination

failed to reveal any evidence of cancers as defined in paragraph b of

this subdivision; and

* NB Effective December 23, 2029

* (ii) Having submitted proof of five years of interior firefighting

service by providing verification that he or she has passed at least

five yearly certified mask fitting tests as set forth in 29 CFR 1910.134

or the applicable National Fire Protection Association standards for

mask fit testing or, for firefighters who entered the fire service prior

to January first, two thousand twenty, documentation identified by the

office of fire prevention and control in rules and regulations

promulgated pursuant to subdivision seven of this section which shall

include, but not be limited to, training or certification records,

health care provider records, internal fire department records, or any

combination of official documents capable of evidencing that the

firefighter meets the requirements of this section.

* NB Effective until December 23, 2029

* (ii) Having submitted proof of five years of interior firefighting

service by providing verification that he or she has passed at least

five yearly certified mask fitting tests as set forth in 29 CFR 1910.134

or the current National Fire Protection Association standards for mask

fit testing.

* NB Effective December 23, 2029

b. "Cancer" means:

(i) A disease caused by an uncontrolled division of abnormal cells in

a part of the body or a malignant growth or tumor resulting from the

division of abnormal cells; and

(ii) Affecting the prostate or breast, lymphatic, hematological

digestive, urinary, neurological, or reproductive systems, or melanoma.

2. An eligible volunteer firefighter shall be entitled to payment of

enhanced cancer benefits as follows:

a. A lump sum benefit of twenty-five thousand dollars for each

diagnosis payable to such firefighter upon acceptable proof to the

insurance carrier or other payor of a diagnosis by a board certified

physician in the medical specialty appropriate for the type of cancer

diagnosed that there are one or more malignant tumors characterized by

the uncontrollable and abnormal growth and spread of malignant cells

with invasion of normal tissue and that either:

(i) There is metastasis; and

(1) surgery, radiotherapy, or chemotherapy is medically necessary; or

(2) there is a tumor of the prostate, provided that it is treated with

radical prostatectomy or external beam therapy; or

(ii) The firefighter has terminal cancer, his or her life expectancy

is twenty-four months or less from the date of diagnosis, and will not

benefit from, or has exhausted, curative therapy.

b. A lump sum benefit of six thousand two hundred fifty dollars for

each diagnosis payable to such firefighter upon acceptable proof to the

insurance carrier or other payor of a diagnosis by a board certified

physician in the medical specialty appropriate for the type of cancer

involved that either:

(i) There is carcinoma in situ such that surgery, radiotherapy, or

chemotherapy has been determined to be medically necessary;

(ii) There are malignant tumors which are treated by endoscopic

procedures alone; or

(iii) There are malignant melanomas.

c. A monthly benefit of one thousand five hundred dollars, of which

the first payment shall be made six months after total disability and

submission of acceptable proof of said disability to the insurance

carrier or other payor that such disability is caused by cancer and that

such cancer precludes the firefighter from serving as a firefighter.

Such benefit shall continue for up to thirty-six consecutive monthly

payments.

(i) Such monthly benefit shall be subordinate to any other benefit

actually paid to the firefighter solely for such disability from any

other source, not including private insurance purchased solely by the

firefighter, and shall be limited to the difference between the amount

of such other paid benefit and the amount specified herein; and

(ii) Any firefighter receiving such monthly benefits may be required

to have his or her condition reevaluated. In the event any such

reevaluation reveals that such person has regained the ability to

perform duties as a firefighter, then his or her monthly benefits shall

cease the last day of the month of reevaluation.

(iii) In the event that there is a subsequent reoccurrence of a

disability caused by cancer which precludes the firefighter from serving

as a firefighter, he or she shall be entitled to receive any remaining

monthly payments.

d. An eligible volunteer firefighter shall also be entitled to an

additional payment of enhanced cancer death benefits in the amount of

fifty thousand dollars which is payable to such volunteer or his or her

beneficiary upon acceptable proof by a board certified physician that

such firefighter's death resulted from complications associated with

cancer.

e. Provided however, an eligible volunteer firefighter shall be

ineligible for these benefits if they are already provided paid

firefighter benefits under this article.

3. The combined total of all benefits received by any eligible

volunteer firefighter pursuant to paragraphs a and b of subdivision two

of this section during his or her lifetime shall not exceed fifty

thousand dollars.

4. An eligible volunteer firefighter shall remain eligible for

benefits pursuant to paragraphs a, b and d of subdivision two of this

section for sixty months after the formal cessation of the volunteer

firefighter's status as an active volunteer firefighter. The fire

district, department or company in which such firefighter served shall

be responsible for payment of all premiums or other costs associated

with benefits provided under paragraphs a, b and d of subdivision two of

this section throughout the duration of the eligible volunteer

firefighter's coverage.

5. A fire district, department or company shall, no later than January

first, two thousand nineteen, show proof of insurance coverage that

meets the requirements of this section or shall show satisfactory proof

of the ability to pay such compensation to ensure adequate coverage for

all eligible volunteer firefighters. Such coverage shall remain in

effect until sixty months after the fire district, department or company

no longer has any volunteer firefighters who could qualify for this

benefit.

6. Any fire district, department or company that has had a volunteer

firefighter file a claim for or receive an enhanced cancer disability

benefit under the provisions of this section shall report such claims

filed, claims paid and types of claims to the office of fire prevention

and control. Beginning on January first, two thousand twenty, the office

of fire and prevention control shall report annually to the governor,

the temporary president of the senate, the speaker of the assembly, the

chair of the senate finance committee and the chair of the assembly ways

and means committee the number of firefighters who have filed claims

pursuant to this section and the number of firefighters who have

received benefits under the provisions of this section.

* 7. The office of fire prevention and control, in consultation with

the department of financial services and the workers' compensation

board, shall adopt such rules and regulations as are reasonable and

necessary to implement the provisions of this section. Such regulations

shall include establishing acceptable documentation for proof of

eligibility, the process by which a firefighter files a claim for the

enhanced cancer disability benefit, how the beneficiary of such eligible

volunteer firefighter files a claim for the enhanced cancer death

benefit, the process by which claimants can appeal a denial of benefits

and what proof is deemed acceptable to qualify for such benefits.

* NB Effective until December 23, 2029

* 7. The office of fire prevention and control, in consultation with

the department of financial services and the workers' compensation

board, shall adopt such rules and regulations as are reasonable and

necessary to implement the provisions of this section. Such regulations

shall include the process by which a firefighter files a claim for the

enhanced cancer disability benefit, how the beneficiary of such eligible

volunteer firefighter files a claim for the enhanced cancer death

benefit, the process by which claimants can appeal a denial of benefits

and what proof is deemed acceptable to qualify for such benefits.

* NB Effective December 23, 2029