§ 220 — Penalties

§ 220. Penalties. 1. Any employer who fails to make provision for\npayment of disability or family leave benefits as required by section\ntwo hundred eleven of this article within ten days following the date on\nwhich such employer becomes a covered employer as defined in section two\nhundred two of this article shall be guilty of a misdemeanor and upon\nconviction be punishable by a fine of not less than one hundred nor more\nthan five hundred dollars or imprisonment for not more than one year or\nboth, except that where any person has previously been convicted of a\nfailure to make provisions for payment of disability or family leave\nbenefits within the preceding five years, upon conviction for a second\nviolation such person shall be fined not less than two hundred fifty nor\nmore than one thousand two hundred fifty dollars in addition to any\nother penalties including fines otherwise provided by law, and upon\nconviction for a third or subsequent violation such person may be fined\nup to two thousand five hundred dollars in addition to any other\npenalties including fines otherwise provided by law. Where the employer\nis a corporation, the president, secretary, treasurer, or officers\nexercising corresponding functions, shall each be liable under this\nsection.\n 2. The chair or any officer of the board designated by him or her,\nupon finding that an employer has failed to make provision for the\npayment of disability or family leave benefits, shall impose upon such\nemployer a penalty not in excess of a sum equal to one-half of one per\ncentum of his or her weekly payroll for the period of such failure and a\nfurther sum not in excess of five hundred dollars, which sums shall be\npaid into the fund created under section two hundred fourteen of this\narticle.\n 3. If for the purpose of obtaining any benefit or payment under the\nprovisions of this article, or for the purpose of influencing any\ndetermination regarding any benefit payment, either for himself or\nherself or any other person, any person, employee, employer or carrier\nwilfully makes a false statement or representation or fails to disclose\na material fact, he or she shall be guilty of a misdemeanor.\n 4. Whenever a carrier shall fail to make prompt payment of disability\nor family leave benefits payable under this article and after hearing\nbefore an officer designated by the chair or a determination by the\nchair's designee, pursuant to section two hundred twenty-one of this\narticle, for that purpose, the chair or designee shall determine that\nfailure to make such prompt payment was without just cause, the chair or\ndesignee, pursuant to section two hundred twenty-one of this article,\nshall collect from the carrier a sum not in excess of twenty-five per\ncentum of the amount of the benefits as to which the carrier failed to\nmake payment, which sum shall be credited to the special fund for\ndisability benefits. In addition, the chair or designee, pursuant to\nsection two hundred twenty-one of this article, may collect and pay over\nto the employee the sum of ten dollars in respect to each week, or\nfraction thereof, for which benefits have not been promptly paid.\n 5. In addition to other penalties herein provided, the chair or\ndesignee shall remove from the list of physicians authorized to render\nmedical care under the provisions of articles one to eight, inclusive,\nof this chapter and from the list of podiatrists authorized to render\npodiatric care under section thirteen-k of this chapter, and from the\nlist of chiropractors authorized to render chiropractic care under\nsection thirteen-l of this chapter the name of any physician or\npodiatrist or chiropractor whom the chair or designee, pursuant to\nsection two hundred twenty-one of this article, shall find, after\nreasonable investigation, has submitted to the employer or carrier or\nchair in connection with any claim for disability benefits under this\narticle, a statement of disability that is not truthful and complete.\n 6. In addition to other penalties herein provided, any person who for\nthe purpose of obtaining any benefit or payment under this article or\nfor the purpose of influencing any determination regarding any benefit\npayment, knowingly makes a false statement with regard to a material\nfact, shall not be entitled to receive benefits with respect to the\ndisability claimed or any disability benefits during the period of\ntwelve calendar months thereafter; but this penalty shall not be applied\nmore than once with respect to each such offense.\n 7. All fines imposed under subdivisions one and three of this section,\nexcept as herein otherwise provided, shall be paid directly and\nimmediately by the officer collecting the same to the chair, and be paid\ninto the state treasury, provided, however, that all such fines\ncollected by justices of the peace of towns and police justices of\nvillages shall be paid to the state comptroller in accordance with the\nprovisions of section twenty-seven of the town law.\n 8. (a) The head of a state or municipal department, board, commission\nor office authorized or required by law to issue any permit for or in\nconnection with any work involving the employment of employees in\nemployment as defined in this article, and notwithstanding any general\nor special statute requiring or authorizing the issue of such permits,\nshall not issue such permit unless proof duly subscribed by an insurance\ncarrier is produced in a form satisfactory to the chair, that the\npayment of disability benefits and after January first, two thousand\ntwenty-one, the payment of family leave benefits for all employees has\nbeen secured as provided by this article. Nothing herein, however, shall\nbe construed as creating any liability on the part of such state or\nmunicipal department, board, commission or office to pay any disability\nbenefits to any such employee if so employed.\n (b) The head of a state or municipal department, board, commission or\noffice authorized or required by law to enter into any contract for or\nin connection with any work involving the employment of employees in\nemployment as defined in this article, and notwithstanding any general\nor special statute requiring or authorizing any such contract, shall not\nenter into any such contract unless proof duly subscribed by an\ninsurance carrier is produced in a form satisfactory to the chair, that\nthe payment of disability benefits and after January first, two thousand\neighteen, the payment of family leave benefits for all employees has\nbeen secured as provided by this article.\n