NY Vol Amb Work Ben L § 30 (2021)
2021 New York Laws VAW - Volunteer Ambulance Workers' Benefit Article 3 - Liability for Benefits; Insurance 30 - Liability for and Payment of Benefits.

§ 30. Liability  for  and  payment  of  benefits.  Except as otherwise   provided in article five of the workers' compensation law and in section   twenty-one of this chapter:1. If at the time of injury  the  volunteer  ambulance  worker  was  a   member  of  an  ambulance  company  of  a county, city, town, village or   ambulance district ambulance department, any benefit under this  chapter   shall  be a county, city, town, village or ambulance district charge, as   the case may be, and any claim therefor shall be  audited  in  the  same   manner  as  other  claims  against  the  county,  city, town, village or   ambulance district and the amount thereof shall be raised  and  paid  in   the  same  manner  as  other  county,  city,  town, village or ambulance   district charges.2. If at the time of injury  the  volunteer  ambulance  worker  was  a   member  of  an  ambulance  company incorporated under the not-for-profit   corporation law, or any other law, and located in a  city,  village,  or   ambulance   district,  protected  under  a  contract  by  the  ambulance   department or ambulance company of which the volunteer ambulance  worker   was a member, any benefit under this chapter shall be a city, village or   ambulance  district  charge,  as the case may be, and any claim therefor   shall be audited in the same manner as other claims  against  the  city,   village or ambulance district and the amount thereof shall be raised and   paid  in  the  same  manner as other city, village or ambulance district   charges.3. If at the time of injury  the  volunteer  ambulance  worker  was  a   member  of a voluntary ambulance service as defined in subdivision three   of section three thousand one  of  the  public  health  law,  registered   pursuant  to the provisions of section three thousand four of the public   health law or certified pursuant to  the  provisions  of  section  three   thousand six of the public health law and organized as an unincorporated   association  or  duly  incorporated  under  the  laws  of this state not   protected under a  contract  by  the  county,  city,  town,  village  or   ambulance  district, any benefit under this chapter shall be a voluntary   ambulance service charge and any claim therefor shall be audited in  the   same  manner as other claims against the voluntary ambulance service and   the amount thereof shall be raised and paid in the same manner as  other   voluntary  ambulance  service charges. No charge shall be made against a   voluntary ambulance service that  does  not  have  coverage  under  this   chapter.4.  If  at  the  time  of  injury the volunteer ambulance worker was a   member of an ambulance company  incorporated  under  the  not-for-profit   corporation  law,  or  any  other  law,  and  located outside of a city,   village or ambulance district any benefit under this chapter shall be  a   town charge and any claim therefor shall be audited and paid in the same   manner  as  town charges and the amount thereof raised upon the property   liable to taxation in such outside territory protected by such ambulance   company in the same manner as town charges therein are raised.5. If at the time of injury  the  volunteer  ambulance  worker  was  a   member  of an ambulance company or ambulance department operating in, or   maintained jointly by two or more villages, or two or more towns, or two   or more ambulance districts, any benefit under this chapter shall  be  a   charge  against  such  villages,  towns  or  ambulance districts, in the   proportion that the full valuation of taxable real estate in each  bears   to  the  aggregate full valuation of the taxable real estate of all such   villages, towns or ambulance districts and the amount thereof  shall  be   audited,  raised  and  paid in the same manner as other village, town or   ambulance district  charges.  Full  valuation  shall  be  determined  by   dividing  the  assessed  valuations  of taxable real estate of each such   village, town or ambulance district as shown  by  the  latest  completed    assessment  roll  of  the  village,  town  or  ambulance district by the   equalization rate established by the authorized state agency or  officer   for such roll; provided, however, in a county having a county department   of  assessment the full valuation in towns and ambulance districts shall   be determined by applying the state equalization  rate  established  for   the town, or the town in which the ambulance district is located, to the   appropriate portion of the last completed county roll.6.   Any political subdivision may finance the payment of any benefits   to be paid and provided under this chapter by  the  issuance  of  serial   bonds  or  capital  notes pursuant to the local finance law unless it is   required by some law, other than this chapter, to pay such benefits from   current funds.7. Any political subdivision may contract for  insurance  indemnifying   against  the  liability  imposed  by  this  chapter and the cost of such   insurance shall be audited, raised  and  paid  in  the  same  manner  as   benefits are required to be audited, raised and paid in this section.8.  Insurance authorized to be purchased pursuant to subdivision seven   of this section may  be  secured  from  the  state  fund  or  any  stock   corporation,  mutual  corporation,  group  self-insurers  or  reciprocal   insurer authorized to transact the business of workers' compensation  in   this state.  If such insurance is not secured, the political subdivision   liable shall be deemed to have elected to be a self-insurer unless it is   a  participant  in  a county plan of self-insurance or its liability for   benefits under this chapter is covered by a town's  participation  in  a   county plan of self-insurance as provided in subdivision nine of section   sixty-three  of  the  workers' compensation law. Every such self-insurer   shall file with the chair of the workers' compensation board a notice of   such election prescribed in form by such chair. For failure to file such   notice within ten days after such election is  made,  the  treasurer  or   other  fiscal  officer  of such political subdivision shall be liable to   pay to the chair of the workers'  compensation  board  the  sum  of  one   hundred dollars as a penalty, to be transferred to the state treasury. A   notice of election to be a self-insurer for compensation and benefits to   volunteer  ambulance  workers  under  the  provisions  of  the  workers'   compensation law and the general municipal law in effect prior to  March   first,  in  the year of enactment of this chapter, which was filed prior   to such date pursuant to the provisions of subdivision four  of  section   fifty  of  the workers' compensation law as in effect prior to such date   shall be deemed to be a notice of  election  filed  under  this  section   unless  the  chair of the workers' compensation board is notified to the   contrary. The provisions of subdivision five of  section  fifty  of  the   workers' compensation law shall be applicable to such self-insurers.9.  The  governing  board  of  a  political subdivision liable for the   payment of such benefits may authorize the  treasurer  or  other  fiscal   officer  thereof  to  pay  the  financial  benefits provided for in this   chapter to the person entitled thereto without waiting for an  award  in   any  case  in the manner provided in section forty-nine of this chapter.   The amount payable prior to an  award  pursuant  to  such  authorization   shall constitute a settled claim within the meaning of the local finance   law.10.  A  contract  for  ambulance  service,  for  the  purposes of this   section, shall be deemed in full force and effect  if  negotiations  are   pending for the renewal thereof.11.  Where  a  city,  village, ambulance district or town is furnished   service by an ambulance  company,  ambulance  department,  or  any  unit   thereof  pursuant to a contract entered into prior to the enactment date   of this chapter with another city, village, ambulance  district,  or  an   incorporated ambulance company having its headquarters outside the city,    village  or  ambulance district receiving such service and the liability   for benefits under this  chapter  in  relation  to  volunteer  ambulance   workers  rendering  such  service pursuant to such contract on and after   the  enactment  date of this chapter is not covered pursuant to a county   self-insurance plan pursuant to  section  sixty-three  of  the  workers'   compensation  law,  the  contract  may be amended after a public hearing   held in the manner provided  by  law  for  the  amendment  of  any  such   contract,  or  at the option of the contracting parties without a public   hearing, to provide for  payment  by  the  city,  village  or  ambulance   district receiving such service to the city, village, ambulance district   or   town   in   which  such  incorporated  ambulance  company  has  its   headquarters, of a sum in addition to the amount to  be  paid  for  such   service  pursuant  to the contract, to provide for any increase in cost,   or new or added cost, to such city, village, ambulance district or  town   for  insurance coverage for liability for benefits under this chapter on   and after the enactment date of this chapter, by reason of  the  service   rendered  pursuant  to  such  contract.  Where  such service is received   pursuant to a contract entered into prior to the enactment date of  this   chapter  with  an incorporated ambulance company having its headquarters   outside the city, village or ambulance district receiving such  service,   then  whether  or  not  such  contract  is  amended  as provided in this   section, or a contract entered into on or after the  enactment  date  of   this  chapter  so  provides,  a  city,  village  or  ambulance  district   receiving such service on and after the enactment date of  this  chapter   pursuant  to  a  contract,  shall  pay  to  the city, village, ambulance   district or town in which such incorporated ambulance  company  has  its   headquarters a sum in addition to the amount to be paid for such service   pursuant to the contract, to provide for any increase in cost, or new or   added  cost,  to  such  city,  village,  ambulance  district or town for   insurance coverage for the liability for benefits under this chapter  on   and  after  the  enactment date of this chapter by reason of the service   rendered pursuant to such contract. Any  such  additional  sum  so  paid   shall  not  be subject to division with a volunteer ambulance company as   otherwise provided by law in the case of contracts for such service.