A05940 Summary:
BILL NO | A05940C |
  | |
SAME AS | SAME AS S03131-A |
  | |
SPONSOR | Bronson (MS) |
  | |
COSPNSR | Quart |
  | |
MLTSPNSR | Kim, Perry |
  | |
Add S13-p, Work Comp L; amd S8213, Ed L | |
  | |
Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program. |
A05940 Actions:
BILL NO | A05940C | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/08/2013 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2013 | amend and recommit to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2013 | print number 5940a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2013 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2013 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2013 | print number 5940b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | print number 5940c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | rules report cal.518 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | ordered to third reading rules cal.518 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | SUBSTITUTED FOR S3131A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | 3RD READING CAL.1555 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
09/16/2013 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
09/27/2013 | vetoed memo.215 | |||||||||||||||||||||||||||||||||||||||||||||||||
09/27/2013 | tabled |
A05940 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
Yes
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
No
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
AB
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
Yes
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
Yes
Brindisi
Yes
Finch
Yes
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
No
Fitzpatrick
Yes
Katz
Yes
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
ER
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
No
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
Yes
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Corwin
Yes
Goldfeder
Yes
Lopez
Yes
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
A05940 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5940--C 2013-2014 Regular Sessions IN ASSEMBLY March 8, 2013 ___________ Introduced by M. of A. BRONSON -- Multi-Sponsored by -- M. of A. KIM -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law and the education law, in relation to the care and treatment of injured employees by licensed or certified acupuncturists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The workers' compensation law is amended by adding a new 2 section 13-p to read as follows: 3 § 13-p. Care and treatment of injured employees by licensed or certi- 4 fied acupuncturists. 1. For purposes of this section: (a) the term 5 "acupuncturist" shall mean a person who is duly licensed and registered 6 as a licensed acupuncturist pursuant to article one hundred sixty of the 7 education law, or who is a certified acupuncturist pursuant to subdivi- 8 sion three of section eighty-two hundred sixteen of the education law; 9 and 10 (b) the term "chair" shall mean the chairperson of the state board of 11 acupuncture pursuant to article one hundred sixty of the education law. 12 2. (a) An injured employee, injured under circumstances which make 13 such an injury compensable under this article, may lawfully be treated 14 by an acupuncturist authorized by the chair to render acupuncture care 15 pursuant to this section. Such services shall be within the scope of the 16 profession of acupuncture as defined in subdivision one of section 17 eighty-two hundred eleven of the education law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07830-06-3A. 5940--C 2 1 (b) Medical bureaus, medical centers jointly operated by labor and 2 management representatives, hospitals and health maintenance organiza- 3 tions, authorized to provide medical care pursuant to section thirteen-c 4 of this article, may provide acupuncture services when required, 5 provided such care is rendered by an acupuncturist as required by this 6 section. 7 (c) An acupuncturist rendering service pursuant to this section shall 8 maintain records of the patient's condition and acupuncture treatment, 9 and such records or reports shall be submitted to the chair on such 10 forms and at such times as the chair may require. 11 3. (a) An acupuncturist who is desirous of being authorized to render 12 acupuncture services under this section shall file an application for 13 authorization under this section with the acupuncture practice commit- 14 tee. The applicant shall agree to refrain from subsequently treating for 15 remuneration, as a private patient, any person seeking acupuncture 16 services, in connection with, or as a result of, any injury compensable 17 under this chapter, if he or she has been removed from the list of 18 acupuncturists authorized to render services under this chapter. This 19 agreement shall run to the benefit of the injured person so treated, and 20 shall be available as a defense in any action by such acupuncturist for 21 payment for treatment rendered by such acupuncturist after being removed 22 from the list of acupuncturists authorized to render acupuncture 23 services under this section. The acupuncture practice committee if it 24 deems such acupuncturist duly qualified shall recommend to the chair 25 that such person be authorized to render acupuncture services under this 26 section. Such recommendations shall be only advisory to the chair and 27 shall not be binding or conclusive. 28 (b) The chair shall prepare and establish a schedule for the state or 29 schedules limited to defined localities of charges and fees for acupunc- 30 ture treatment and care, to be determined in accordance with and be 31 subject to change pursuant to rules promulgated by the chair. Before 32 preparing such schedule for the state or schedules for limited locali- 33 ties the chair shall request the acupuncture practice committee to 34 submit to such chair a report on the amount of remuneration deemed by 35 such committee to be fair and adequate for the types of acupuncture 36 services to be rendered under this chapter, but consideration shall be 37 given to the view of other interested parties. The amounts payable by 38 the employer for such treatment and services shall be the fees and 39 charges established by such schedule. 40 (c) In determining the schedule or schedules as provided in paragraph 41 (b) of this subdivision, the chair shall make a distinction between 42 treatment rendered by a duly licensed and registered acupuncturist 43 subject to the provisions of article one hundred sixty of the education 44 law and a certified acupuncturist subject to the provisions of section 45 eighty-two hundred sixteen of the education law, and the chair shall 46 prepare and establish a schedule or schedules reflecting fees and charg- 47 es appropriate to the nature and scope of the treatment rendered by each 48 type of practitioner, giving due consideration to all relevant factors 49 including, but not limited to, the level of education of the practition- 50 er, the type of treatment rendered, whether the acupuncture treatment is 51 being provided as the principal treatment or as an adjunct treatment, 52 and the billing practices entailed, including whether the practitioner 53 submits one comprehensive bill or bills separately for the acupuncture 54 treatment, office visits and other items. 55 4. No claim for acupuncture services shall be valid and enforceable as 56 against the employer or employees unless within forty-eight hoursA. 5940--C 3 1 following the first treatment the acupuncturist giving such care or 2 treatment furnishes to the employer and directly to the chair a prelimi- 3 nary notice of such injury and treatment, and within fifteen days there- 4 after a more complete report and subsequent thereto progress reports as 5 requested in writing by the chair, board, employer or insurance carrier, 6 at intervals of not less than three weeks apart or at less frequent 7 intervals if requested on forms prescribed by the chair. The board may 8 excuse the failure to give such notices within the designated periods 9 when it finds it to be in the interest of justice to do so. 10 5. Fees for acupuncture services shall be payable only to a duly 11 licensed or certified acupuncturist pursuant to article one hundred 12 sixty of the education law, or to the agent, executor or administrator 13 of the estate of such acupuncturist. No acupuncturist rendering treat- 14 ment to a compensation claimant shall collect or receive a fee from such 15 claimant within this state, but shall have recourse for payment of 16 services rendered only to the employer under the provisions of this 17 section. 18 6. Whenever his or her attendance at a hearing is required, the 19 acupuncturist of the injured employee shall be entitled to receive a fee 20 from the employer in an amount to be fixed by the board, in addition to 21 any fee payable under section eight thousand one of the civil practice 22 law and rules. 23 7. (a) Unless within thirty days after a bill has been rendered to the 24 employer by the acupuncturist who has treated an injured employee, such 25 employer shall have notified the chair and such acupuncturist in writing 26 that such employer demands an impartial examination of the fairness of 27 the amount claimed by such acupuncturist for his or her services, the 28 right to such an impartial examination shall be deemed to be waived and 29 the amount claimed by such acupuncturist shall be deemed to be the fair 30 value of the services rendered. If the parties fail to agree as to the 31 acupuncture care rendered under this chapter to a claimant, such value 32 shall be decided by the acupuncture practice committee and the majority 33 decision of such committee shall be conclusive upon the parties as to 34 the value of the services rendered. The board may make an award for any 35 such bill or part thereof which remains unpaid in the same manner as an 36 award for bills rendered under subdivisions one and three of section 37 thirteen-g of this article, and such award may be collected in like 38 manner as an award of compensation. The chair shall assess the sum of 39 fifty dollars against the employer for each such award made by the 40 board, which sum shall be paid into the state treasury. 41 (b) Where an acupuncturist's bill has been determined to be due and 42 owing in accordance with the provisions of this section, the board may 43 impose a penalty of not more than one and one-half percent interest per 44 month payable to the acupuncturist in accordance with the rules and 45 regulations promulgated by the board. 46 (c) The parties to such proceeding shall each pay to the chair a sum 47 equal to five per centum of the amount payable under the decision of 48 such committee or a minimum of five dollars, whichever is greater. The 49 sums so collected shall be transferred to the state treasury to reim- 50 burse it on account of the expense of administering this section. 51 8. Within the limits prescribed by the education law for acupuncture 52 services, the report or testimony of an authorized acupuncturist 53 concerning the condition of an injured employee and treatment thereof 54 shall be deemed competent evidence and the professional opinion of the 55 acupuncturist as to causal relation and as to required treatment shall 56 be deemed competent but shall not be controlling. Nothing in thisA. 5940--C 4 1 section shall be deemed to deprive any employer or insurance carrier of 2 any right to a medical examination or presentation of medical testimony 3 now conferred by law. 4 9. The chair shall promulgate rules governing the procedure to be 5 followed by those rendering acupuncture services under this section, 6 which rules so far as practicable shall conform to the rules presently 7 in effect with reference to medical care furnished to claimants in work- 8 ers' compensation. In connection with the promulgation of such rules the 9 chair may consult the acupuncture practice committee and may take into 10 consideration the view of other interested parties. 11 10. The chair shall appoint for and with jurisdiction in the entire 12 state of New York a single acupuncture practice committee composed of 13 two licensed acupuncturists, and one duly licensed physician of the 14 state of New York. Each member of such committee shall receive compen- 15 sation either on an annual basis or on a per diem basis to be fixed by 16 the chair within amounts appropriated therefor. One of such licensed 17 acupuncturists shall be designated by the chair as a chair of such 18 acupuncture practice committee. No member of such committee shall render 19 acupuncture services under this section nor be an employer or accept or 20 participate in any fee from any insurance company authorized to write 21 workers' compensation insurance in this state or from any self-insurer, 22 whether such employment or fee relates to a workers' compensation claim 23 or otherwise. The attorney general, upon request, shall advise and 24 assist such committee. 25 11. The acupuncture practice committee shall investigate, hear and 26 make findings with respect to all charges as to professional or other 27 misconduct of any authorized acupuncturists as provided in this section 28 under rules and procedures to be prescribed by the chair and shall 29 report evidence of such misconduct, with their findings and recommenda- 30 tions with respect thereto, to the chair. The findings, decision and 31 recommendation of such acupuncture practice committee shall be advisory 32 to the chair only, and shall not be binding or conclusive upon him or 33 her. The chair shall remove from the list of acupuncturists authorized 34 to render acupuncture services under this chapter the name of any 35 acupuncturist who he or she shall find after reasonable investigation is 36 disqualified because such acupuncturist: 37 (a) has been guilty of professional or other misconduct or incompeten- 38 cy in connection with the rendering of acupuncture services, 39 (b) has exceeded the limits of his or her professional competence in 40 rendering acupuncture services under the law, or has made false state- 41 ments regarding qualifications in the application for authorization, 42 (c) has failed to submit timely, full and truthful acupuncture evalu- 43 ation and treatment reports of all findings to the employer and directly 44 to the chair of the board within the time limits provided in this 45 section, 46 (d) has rendered acupuncture services under this chapter for a fee 47 less than that fixed in the fee schedule, 48 (e) has solicited or has employed another to solicit for himself or 49 herself or for another professional treatment, examination or care of an 50 injured employee with any claim under this chapter, 51 (f) has refused to appear before or answer upon request of the chair, 52 board, acupuncture practice committee or any duly authorized officer of 53 the state, any legal question or produce any relevant book or paper 54 concerning conduct under an authorization granted under law, or 55 (g) has directly or indirectly requested, received or participated in 56 the division, transference, assignment, rebating, splitting or refundingA. 5940--C 5 1 of a fee for, or has directly or indirectly requested, received or prof- 2 ited by means of a credit or otherwise valuable consideration as a 3 commission, discount or gratuity in connection with the treatment of a 4 workers' compensation claimant. 5 12. Any person who violates or attempts to violate, and any person who 6 aids another to violate or attempts to induce him or her to violate the 7 provisions of paragraph (g) of subdivision eleven of this section shall 8 be guilty of a misdemeanor. 9 13. Nothing in this section shall be construed as limiting in any 10 respect the power or duty of the chair to investigate instances of 11 misconduct, either before or after investigation by the acupuncture 12 practice committee, or to temporarily suspend the authorization of any 13 acupuncturist believed to be guilty of such misconduct. The provisions 14 of subdivision one of section thirteen-d of this article which are not 15 inconsistent with the provisions of this section shall be applicable as 16 if fully set forth in this section. 17 14. Nothing contained in this section shall prohibit acupuncturists 18 who practice as partners, in groups or as a professional corporation 19 from pooling fees and moneys received, either by the partnership, 20 professional corporation or group or by the individual members thereof, 21 for professional services furnished by any individual professional 22 member, or employee of such partnership, corporation or group, nor shall 23 the professionals constituting the partnerships, corporations, or groups 24 be prohibited from sharing, dividing or apportioning the fees and moneys 25 received by them or by the partnership, corporation or group in accord- 26 ance with a partnership or other agreement. 27 § 2. Subdivision 1 of section 8213 of the education law, as added by 28 chapter 772 of the laws of 1990, is amended to read as follows: 29 (1) There is hereby established within the department a state board 30 for acupuncture. The board shall consist of not less than eleven members 31 to be appointed by the board of regents on the recommendation of the 32 commissioner for the purpose of assisting the board of regents and the 33 department on matters of professional licensing and professional conduct 34 in accordance with section sixty-five hundred eight of this [chapter] 35 title, four of whom shall be licensed acupuncturists, four of whom shall 36 be licensed physicians certified to use acupuncture and three of whom 37 shall be public members representing the consumer and community. Of the 38 acupuncturists first appointed to the board, one may be a registered 39 specialist's assistant-acupuncture provided that the term of such regis- 40 tered specialist's assistant-acupuncture shall not be more than four 41 years. Of the members first appointed, three shall be appointed for a 42 one year term, three shall be appointed for a two year term and three 43 shall be appointed for a three year term, and two shall be appointed for 44 a four year term. Thereafter all members shall serve for five year 45 terms. In the event that more than eleven members are appointed, a 46 majority of the additional members shall be licensed acupuncturists. The 47 members of the board shall select one of themselves as [chairman] chair- 48 person to serve for a one year term. 49 § 3. This act shall take effect on the one hundred eightieth day after 50 it shall have become a law. Provided, that effective immediately, the 51 addition, amendment and/or repeal of any rules and regulations necessary 52 to implement the provisions of this act on its effective date are 53 authorized and directed to be completed on or before such effective 54 date.