New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 210
Executive Department
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8 sections
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All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 210.1 - Authority, intent, and purpose
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-25-18-00001-A · Adopted rule
- Related notice published
- Oct 17, 2018
- Related notice effective date
- Oct 17, 2018
(a)The Division of Homeland Security and Emergency Services, Office of Fire Prevention and Control has authority to establish rules and regulations related to claims, denials and qualifications for the enhanced cancer disability benefit, pursuant to General Municipal Law section 205-cc.
(b)The intent and purpose of the regulations are to establish processes by which an active volunteer firefighter or his or her beneficiaries can establish qualification for benefits, file a claim for benefits or appeal from a denial of benefits.
9 NYCRR 210.2 - Definitions
Related State Register notice: Adopted rule HES-22-26-00002-A. Published Sep 30, 2026. Notice effective date: Sep 30, 2026.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-22-26-00002-A · Adopted rule
- Related notice published
- Sep 30, 2026
- Related notice effective date
- Sep 30, 2026
Current section text is not available here.
9 NYCRR 210.3 - Eligibility
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-25-18-00001-A · Adopted rule
- Related notice published
- Oct 17, 2018
- Related notice effective date
- Oct 17, 2018
(a)A volunteer firefighter must meet the following criteria to be eligible for enhanced cancer disability benefits:
(1)five or more years of faithful and actual firefighting service as an interior firefighter;
(2)has submitted proof of five years of interior structural firefighting service by providing verification that he or she has passed at least five annual fit tests;
(3)successful completion of a physical examination prior to the commencement of duties as an interior firefighter, which failed to reveal evidence of cancer; and
(4)diagnosis of cancer.
(b)A volunteer firefighter shall remain eligible for enhanced cancer disability benefits specified in General Municipal Law section 205-cc(2)(a), (b), and (d) for 60 months after the formal cessation of the volunteer firefighter’s status as an active volunteer firefighter.
9 NYCRR 210.4 - Documentation
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-25-18-00001-A · Adopted rule
- Related notice published
- Oct 17, 2018
- Related notice effective date
- Oct 17, 2018
(a)Fire districts, departments and companies shall provide information on the enhanced cancer disability benefit to all its members and make available such information upon request.
(b)Upon request, the fire district, department or company shall provide a claim form and instructions to its member or their beneficiary(ies) detailing how to file a claim for enhanced cancer benefits with the benefits provider.
(c)As part of any claim submitted and filed with the benefit provider, fire districts, departments and companies shall provide a certification of eligibility for enhanced cancer disability benefits using a form prescribed by the Office of Fire Prevention and Control. This form must be signed by the head of the department or company, sworn to under penalty of perjury as true, correct and complete, notarized and contain, at a minimum, the following information:
(1)the full legal name of the eligible volunteer firefighter;
(2)the full legal name of the fire district, department or company;
(3)the dates the eligible volunteer firefighter was an active volunteer firefighter of the fire district, department or company;
(4)the number of years of firefighting service as an interior firefighter;
(5)a statement that the eligible volunteer firefighter performed interior structural firefighting duties inside a building; and
(6)a statement that the eligible volunteer firefighter successfully completed a physical examination, prior to the commencement of duties as an interior firefighter, which failed to reveal any evidence of cancer.
9 NYCRR 210.5 - Proof of benefit coverage
Related State Register notice: Adopted rule HES-22-26-00002-A. Published Sep 30, 2026. Notice effective date: Sep 30, 2026.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-22-26-00002-A · Adopted rule
- Related notice published
- Sep 30, 2026
- Related notice effective date
- Sep 30, 2026
Current section text is not available here.
9 NYCRR 210.6 - Claims process
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-25-18-00001-A · Adopted rule
- Related notice published
- Oct 17, 2018
- Related notice effective date
- Oct 17, 2018
(a)
(1)An eligible volunteer firefighter or their beneficiary(ies) shall file a claim with the benefit provider within 120 days after the diagnosis of a covered cancer, the death of the eligible volunteer firefighter, or commencement of a covered total disability. Failure to file a claim within such time shall not invalidate or reduce any claim if it shall be shown not to have been reasonably possible to file such claim and that a claim was filed as soon as reasonably possible. A claim shall be filed by submitting a claim form(s) as may be required by the benefit provider to the benefit provider. The claim form must be signed by the eligible volunteer firefighter or their beneficiary(ies) and sworn to under penalty of perjury as true, correct and complete.
(2)The benefit provider shall have the right and opportunity to examine the person of the eligible volunteer firefighter when and as often as the benefit provider may reasonably require during the pendency of claim and also the right and opportunity to make an autopsy in case of death where it is not prohibited by law.
(b)The benefit provider shall review the claim and determine if the claim will be paid within 30 days of receipt of the claim. However, if the benefit provider requires additional information from the claimant to make a determination, the benefit provider shall provide written notice to the claimant within such 30 days requesting the information. The claimant shall be afforded at least 45 days from receipt of the request to furnish the information. The 30 days in which the benefit provider shall make a determination on the claim shall be tolled and shall resume as of the date the claimant furnishes the information to the benefit provider or the end of the 45 day period afforded to the claimant to provide such information.
(c)If the claim is approved, the benefit provider shall mail or deliver written notification to the claimant and the fire district, department or company within five business days of the approval. The benefit provider shall pay benefits within 30 days of mailing or delivering such notification.
(d)If the claim is denied, the benefit provider shall mail or deliver written notification to the claimant and the fire district, department or company within five business days of the denial. If the benefit provider making the denial is an insurance company, then the written denial notification shall include a statement that the claimant may file a complaint with the New York State Department of Financial Services and provide the department’s website address, mailing address, and telephone number. Any denial notification by a benefit provider shall include the reasons for such denial. The only permissible reason(s) for denial of a claim shall be the following:
(1)the volunteer firefighter does not have five or more years of service as interior firefighter; or
(2)the volunteer firefighter did not successfully complete a physical examination, prior to the commencement of duties as an interior firefighter, which examination failed to reveal any evidence of cancer; or
(3)the volunteer firefighter has not passed five yearly fit tests; or
(4)the volunteer firefighter ceased to be an active volunteer firefighter for more than 60 months prior to the submission of the claim for benefits; or
(5)the volunteer firefighter is receiving or has already received benefits as a paid firefighter under General Municipal Law article 10; or
(6)the diagnosis of cancer is not for a type covered by this Part; or
(7)the volunteer firefighter does not have a total disability as referenced in General Municipal Law section 205-cc(2)(c).
(e)Upon receipt of the denial of the claim, the claimant shall have 60 days to appeal the denial pursuant to section 210.7 of this Part.
9 NYCRR 210.7 - Denial of benefits
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-25-18-00001-A · Adopted rule
- Related notice published
- Oct 17, 2018
- Related notice effective date
- Oct 17, 2018
(a)If the benefit provider is an insurance company, then the claimant shall appeal the denial to the insurance company. If the insurance company denies the claimant’s appeal, then a claimant may bring an action at law or in equity to recover on the insurance policy. However, a claimant shall not bring an action at law or in equity to recover on the insurance policy prior to the expiration of 60 days after the claim was filed pursuant to section 210.6 of this Part and a claimant shall not bring such an action after the expiration of 2 years following the time the claimant was required to file the claim pursuant to section 210.6(a)(1) of this Part.
(b)Except where the benefit provider is an insurance company, as provided in this Part, any denial of benefit of enhanced cancer disability benefits shall be considered a final and binding agency determination within the meaning of the New York State Civil Practice Law and Rules.
9 NYCRR 210.8 - Annual reports
Related State Register notice: Adopted rule HES-22-26-00002-A. Published Sep 30, 2026. Notice effective date: Sep 30, 2026.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- HES-22-26-00002-A · Adopted rule
- Related notice published
- Sep 30, 2026
- Related notice effective date
- Sep 30, 2026
Current section text is not available here.