EMS Health Bill Vetoed Due To Language Flaw

By ARI PAUL

Governor Spitzer vetoed a bill Sept. 28 that would have extended medical benefits to family members of Emergency Medical Service workers who died in the line of duty, citing an unintended problem in the bill's language.

PATRICK J. BAHNKEN: Will amend language.

The bill would have allowed spouses or domestic partners and children of Emergency Medical Technicians and Paramedics killed on the job to get health insurance coverage for free. It would have also allowed the surviving spouse of a retired and insured EMS member to continue such coverage by paying 102 percent of the group rate within a year of the member's death.

Unintended Problem

While voicing appreciation for EMTs and Paramedics, Governor Spitzer claimed in his veto statement that the bill had a major flaw.

"In particular, under current law, when a member of one of the covered uniformed forces is called in to active military duty in the United States armed forces and dies while serving in such active duty status, subsequent to a certain date in 2005, that death is deemed to be a line-of-duty death, which entitles the individual's survivors to health insurance at no cost," the Governor said. "A provision of this bill, however, while apparently meant only to correct a technical reference, would have the effect of limiting this benefit to survivors of those who were called into active duty and died subsequent to a later date. For a period of approximately five months, survivors of persons who died in that period would, under this bill, lose the health insurance benefits in question. I am confident that the drafters of this bill did not intend this result, but I cannot sign a bill that would have this adverse and unfair impact on these families."

'Would Have Hurt Some'

Local 2507 of District Council 37, which represents EMTs and Paramedics, pushed for the bill. Its president, Patrick Bahnken, saw the Governor's concern as a legitimate reason not to sign the measure.

"Unfortunately, while the bill would have certainly did everything we wanted to do, it would have had an adverse impact on a small group of people who were not members of our union," he said in a phone interview. "We could not in good conscience allow that bill to go forward with that defect."

Mayor Bloomberg had opposed the bill, saying that intended change should go through the City Council instead of the State Legislature.

"If that happens, it may make this bill unnecessary," Governor Spitzer said.

Local 2507 is in discussions with members of the City Council to pass legislation to extend the benefits to the families of EMS responders, and Mr. Bahnken vowed that he would push for the bill again in Albany, after the defective language is corrected.

Must Reapply Annually

The union needed to take legislative action, Mr. Bahnken explained, because widows of EMTs and Paramedics who die in the line of duty have to reapply for medical benefits every year, and since his members serve patients with communicable diseases, many succumb to line-of-duty contracted illness after they retire, often putting their families' benefits in peril.

"They should not have to worry each year as to whether or not their medical benefits are going to be renewed," he said. "The Governor's veto message was very understanding of the legitimacy of the proposed legislation."