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A03556 Summary:

BILL NOA03556
 
SAME ASNo Same As
 
SPONSORWright
 
COSPNSR
 
MLTSPNSR
 
Amd S13-a, Work Comp L
 
Relates to application of guidelines for medical treatment for injured workers; prohibits retroactive application.
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A03556 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3556
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Labor
 
        AN  ACT  to amend the workers' compensation law, in relation to applica-
          tion of guidelines for medical treatment for injured workers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 13-a of the workers' compensation
     2  law, as amended by chapter 6 of the laws of 2007 and as further  amended
     3  by  section  104 of part A of chapter 62 of the laws of 2011, is amended
     4  to read as follows:
     5    (5)  No  claim  for  specialist  consultations,  surgical  operations,
     6  physiotherapeutic or occupational therapy procedures, x-ray examinations
     7  or  special  diagnostic  laboratory tests costing more than one thousand
     8  dollars shall be valid and enforceable, as against such employer, unless
     9  such special services shall have been authorized by the employer  or  by
    10  the  board, or unless such authorization has been unreasonably withheld,
    11  or withheld for a period of more than thirty calendar days from  receipt
    12  of  a  request  for  authorization,  or unless such special services are
    13  required in an emergency, provided, however, that the basis for a denial
    14  of such authorization by the employer must be  based  on  a  conflicting
    15  second  opinion  rendered  by  a  physician authorized by the board. The
    16  board, with the approval of the superintendent  of  financial  services,
    17  shall  issue and maintain a list of pre-authorized procedures under this
    18  section.   No guideline providing for medical  treatment,  or  rules  or
    19  regulations  pertaining  thereto, shall be applied by the board retroac-
    20  tively to cases with a date of accident or date of disablement  that  is
    21  prior to the date of any such guideline, rule or regulation.
    22    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04798-01-5
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