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A07356 Summary:

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A07356 Floor Votes:

A07356 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7356
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  CANESTRARI  -- read once and referred to the
          Committee on Labor
 
        AN ACT to amend the workers' compensation law, in relation to the estab-
          lishment of rates of payment and delivery of health care services
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  The closing paragraph of subdivision (a) of section 13 of
     2  the workers' compensation law, as amended by chapter 6 of  the  laws  of
     3  2007, is amended to read as follows:
     4    The  chair,  in  consultation with the board's medical director, shall
     5  biennially prepare and establish a schedule for the state, or  schedules
     6  limited  to  defined  localities,  of  charges and fees for such medical
     7  treatment and care, and including all medical, dental, surgical, optome-
     8  tric or other attendance or treatment, nurse and hospital service, medi-
     9  cine, optometric services, crutches, eye-glasses, false  teeth,  artifi-
    10  cial  eyes,  orthotics,  prosthetic  devices,  functional  assistive and
    11  adaptive devices and apparatus in accordance with and to be  subject  to

    12  change pursuant to rules promulgated by the chair. Before preparing such
    13  schedule  for  the  state  or schedules for limited localities the chair
    14  shall request the president of the medical society of the state  of  New
    15  York and the president of the New York state osteopathic medical society
    16  to submit to him or her a report on the amount of remuneration deemed by
    17  such society to be fair and adequate for the types of medical care to be
    18  rendered  under  this  chapter,  but consideration shall be given to the
    19  view of other interested parties. In the case of physical  therapy  fees
    20  schedules the chair shall request the president of [a recognized profes-
    21  sional  association representing physical therapists in the state of New
    22  York] the New York physical therapy association to submit to him or  her

    23  a  report on the amount of remuneration deemed by such association to be
    24  fair and reasonable for the type of physical therapy  services  rendered
    25  under  this  chapter,  but  consideration shall be given to the views of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05932-03-1
        A. 7356                             2
 
     1  other interested parties.  The chair shall also prepare and establish  a
     2  schedule  for  the state, or schedules limited to defined localities, of
     3  charges and fees for outpatient hospital services not covered under  the
     4  medical  fee  schedule previously referred to in this subdivision, to be
     5  determined in accordance with and to be subject to  change  pursuant  to

     6  rules  promulgated  by the chair. Before preparing such schedule for the
     7  state or schedules for limited localities the chair  shall  request  the
     8  president of the hospital association of New York state to submit to him
     9  or her a report on the amount of remuneration deemed by such association
    10  to  be fair and adequate for the types of hospital outpatient care to be
    11  rendered under this chapter, but consideration shall  be  given  to  the
    12  views  of  other interested parties. In the case of occupational therapy
    13  fees schedules the chair shall request the  president  of  a  recognized
    14  professional  association  representing  occupational  therapists in the
    15  state of New York to submit to him or her a  report  on  the  amount  of
    16  remuneration  deemed  by  such association to be fair and reasonable for
    17  the type of occupational therapy services rendered under  this  chapter,

    18  but  consideration  shall  be  given  to  the  views of other interested
    19  parties. The amounts payable by the  employer  for  such  treatment  and
    20  services  shall  be  the  fees and charges established by such schedule.
    21  Nothing in this schedule, however, shall prevent  voluntary  payment  of
    22  amounts  higher or lower than the fees and charges fixed therein, but no
    23  physician rendering medical treatment or care, and no physical or  occu-
    24  pational  therapist  rendering their respective physical or occupational
    25  therapy services may receive payment in any higher  amount  unless  such
    26  increased  amount has been authorized by the employer, or by decision as
    27  provided in section thirteen-g of this article. Nothing in this  section
    28  shall  be  construed  as  preventing the employment of a duly authorized
    29  physician on a salary basis by an authorized compensation medical bureau
    30  or laboratory.

    31    § 2. Subdivision 2 of section 13-k of the workers'  compensation  law,
    32  as  amended  by  chapter  473 of the laws of 2000, is amended to read as
    33  follows:
    34    2. An employee injured under  circumstances  which  make  such  injury
    35  compensable  under  this article, when care is required for an injury to
    36  the foot which injury or resultant condition therefrom may  lawfully  be
    37  treated by a duly registered and licensed podiatrist of the state of New
    38  York,  may  select  to treat him or her any podiatrist authorized by the
    39  chair to render podiatry care, as hereinafter provided. If the injury or
    40  condition is one which is without the limits prescribed by the education
    41  law for podiatry care and treatment, or  the  injuries  involved  affect
    42  other  parts  of  the  body in addition to the foot, the said podiatrist
    43  must so advise the said injured employee and  instruct  him  or  her  to

    44  consult  a  physician of said employee's choice for appropriate care and
    45  treatment. Such physician shall thenceforth have overall supervision  of
    46  the  treatment  of  said  patient  including  the future treatment to be
    47  administered to the patient by the podiatrist. If for any reason  during
    48  the  period  when  podiatry treatment and care is required, the employee
    49  wishes to transfer his or her treatment and care to  another  authorized
    50  podiatrist  he  or she may do so, in accordance with rules prescribed by
    51  the chair, provided however that the employer shall be  liable  for  the
    52  proper  fees of the original podiatrist for the care and treatment he or
    53  she shall have rendered. A podiatrist licensed and registered  to  prac-
    54  tice  podiatry in the state of New York who is desirous of being author-
    55  ized to render podiatry care under this section and/or to conduct  inde-

    56  pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
        A. 7356                             3
 
     1  subdivision three of this section shall file an application for authori-
     2  zation under this section with the podiatry practice committee.  In such
     3  application he or she shall agree to refrain from subsequently  treating
     4  for  remuneration,  as  a  private  patient, any person seeking podiatry
     5  treatment, or submitting  to  an  independent  medical  examination,  in
     6  connection  with,  or  as a result of, any injury compensable under this
     7  chapter, if he or she has been removed  from  the  list  of  podiatrists
     8  authorized  to  render  podiatry  care or to conduct independent medical
     9  examinations under this chapter, or if the person seeking such treatment
    10  has been transferred from  his  or  her  care  in  accordance  with  the

    11  provisions  of  this section. This agreement shall run to the benefit of
    12  the injured person so treated or examined, and shall be available to him
    13  or her as a defense in any action by such  podiatrist  for  payment  for
    14  treatment rendered by a podiatrist after he or she has been removed from
    15  the list of podiatrists authorized to render podiatry care or to conduct
    16  independent  medical  examinations  under  this  section,  or  after the
    17  injured person was transferred from his or her care in  accordance  with
    18  the  provisions  of  this section. The podiatry practice committee if it
    19  deems such licensed podiatrist duly qualified  shall  recommend  to  the
    20  chair  that such podiatrist be authorized to render podiatry care and/or
    21  to conduct independent medical examinations  under  this  section.  Such
    22  recommendation  shall  be  advisory  to  the chair only and shall not be

    23  binding or conclusive upon him or her. The chair, in  consultation  with
    24  the  board's  medical director, shall biennially prepare and establish a
    25  schedule for the state, or schedules limited to defined  localities,  of
    26  charges  and  fees  for podiatry treatment and care, to be determined in
    27  accordance with and to be subject to change pursuant to rules promulgat-
    28  ed by the chair. Before preparing such schedule for the state or  sched-
    29  ules  for  limited localities the chair shall request the podiatry prac-
    30  tice committee to submit to him  or  her  a  report  on  the  amount  of
    31  remuneration  deemed  by  such committee to be fair and adequate for the
    32  types of podiatry care to be rendered under this chapter, but  consider-
    33  ation  shall  be  given  to  the view of other interested parties.   The

    34  amounts payable by the employer for such treatment and services shall be
    35  the fees and charges established by such schedule.
    36    § 3. Subdivision 2 of section 13-l of the workers'  compensation  law,
    37  as  amended  by  chapter  473 of the laws of 2000, is amended to read as
    38  follows:
    39    2. An employee injured under  circumstances  which  make  such  injury
    40  compensable  under  this  article,  when  care is required for an injury
    41  which consists solely of a condition which may lawfully be treated by  a
    42  chiropractor  as  defined in section sixty-five hundred fifty-one of the
    43  education law may select to treat him or her, any  duly  registered  and
    44  licensed  chiropractor of the state of New York, authorized by the chair
    45  to render chiropractic care as hereinafter provided. If  the  injury  or
    46  condition is one which is outside the limits prescribed by the education

    47  law  for  chiropractic care and treatment, the said chiropractor must so
    48  advise the said injured employee and instruct him or her  to  consult  a
    49  physician  of said employee's choice for appropriate care and treatment.
    50  Such physician shall thenceforth have supervision of  the  treatment  of
    51  said  condition including the future treatment to be administered to the
    52  patient by the chiropractor. A chiropractor licensed and  registered  to
    53  practice chiropractic in the state of New York, who is desirous of being
    54  authorized  to  render  chiropractic  care  under this section and/or to
    55  conduct independent medical examinations in  accordance  with  paragraph
    56  (b)  of  subdivision three of this section shall file an application for
        A. 7356                             4
 
     1  authorization under this section with the chiropractic practice  commit-

     2  tee.  In  such  application he or she shall agree to refrain from subse-
     3  quently treating for remuneration, as  a  private  patient,  any  person
     4  seeking  chiropractic treatment, or submitting to an independent medical
     5  examination, in connection with, or as a result of, any injury compensa-
     6  ble under this chapter, if he or she has been removed from the  list  of
     7  chiropractors authorized to render chiropractic care or to conduct inde-
     8  pendent  medical examinations under this chapter, or if the person seek-
     9  ing such treatment has been transferred from his or her care in  accord-
    10  ance  with  the  provisions of this section. This agreement shall run to
    11  the benefit of the injured person so treated, or examined, and shall  be
    12  available  to him or her as a defense in any action by such chiropractor
    13  for payment rendered by a chiropractor after he or she has been  removed

    14  from the list of chiropractors authorized to render chiropractic care or
    15  to conduct independent medical examinations under this section, or after
    16  the  injured  person  was transferred from his or her care in accordance
    17  with the provisions of this section. The chiropractic practice committee
    18  if it deems such licensed chiropractor duly qualified shall recommend to
    19  the chair that such be authorized to render chiropractic care and/or  to
    20  conduct independent medical examinations under this section. Such recom-
    21  mendations  shall be advisory to the chair only and shall not be binding
    22  or conclusive upon him or her.  The  chair,  in  consultation  with  the
    23  board's medical director, shall biennially prepare and establish a sche-
    24  dule for the state, or schedules limited to defined localities of charg-

    25  es  and  fees  for  chiropractic treatment and care, to be determined in
    26  accordance with and to be subject to change pursuant to rules promulgat-
    27  ed by the chair.  Before preparing such schedule for the state or sched-
    28  ules for limited localities the chair  shall  request  the  chiropractic
    29  practice  committee  to  submit  to him or her a report on the amount of
    30  remuneration deemed by such committee to be fair and  adequate  for  the
    31  types  of  chiropractic  care  to  be  rendered  under this chapter, but
    32  consideration shall be given to the view of  other  interested  parties,
    33  the  amounts  payable  by  the  employer for such treatment and services
    34  shall be the fees and charges established by such schedule.
    35    § 4. Subdivision 3 of section 13-m of the workers'  compensation  law,
    36  as  amended  by  chapter  473 of the laws of 2000, is amended to read as
    37  follows:

    38    3. A psychologist, licensed and registered to practice  psychology  in
    39  the  state  of  New  York, who is desirous of being authorized to render
    40  psychological care under this  section  and/or  to  conduct  independent
    41  medical  examinations  in  accordance  with paragraph (b) of subdivision
    42  four of this section shall file an application for  authorization  under
    43  this section with the psychology practice committee. The applicant shall
    44  agree  to  refrain  from  subsequently  treating  for remuneration, as a
    45  private patient, any person seeking psychological treatment, or  submit-
    46  ting  to an independent medical examination, in connection with, or as a
    47  result of, any injury compensable under this chapter, if he or  she  has
    48  been removed from the list of psychologists authorized to render psycho-
    49  logical care under this chapter. This agreement shall run to the benefit

    50  of the injured person so treated, and shall be available as a defense in
    51  any  action  by  such psychologist for payment for treatment rendered by
    52  such psychologist after being removed from  the  list  of  psychologists
    53  authorized  to  render  psychological  care  or  to  conduct independent
    54  medical examinations under this section. The psychology practice commit-
    55  tee if it deems such licensed psychologist duly qualified  shall  recom-
    56  mend to the chair that such person be authorized to render psychological
        A. 7356                             5
 
     1  care  and/or  to  conduct  independent  medical  examinations under this
     2  section. Such recommendations shall be only advisory to  the  chair  and
     3  shall  not be binding or conclusive. The chair, in consultation with the

     4  board's medical director, shall biennially prepare and establish a sche-
     5  dule for the state or schedules limited to defined localities of charges
     6  and  fees  for  psychological  treatment  and  care, to be determined in
     7  accordance with and be subject to change pursuant to  rules  promulgated
     8  by  the chair. Before preparing such schedule for the state or schedules
     9  for limited localities the chair shall request the  psychology  practice
    10  committee to submit to such chair a report on the amount of remuneration
    11  deemed  by  such  committee  to  be  fair  and adequate for the types of
    12  psychological care to be rendered under this chapter, but  consideration
    13  shall  be  given  to  the  view of other interested parties. The amounts
    14  payable by the employer for such treatment and  services  shall  be  the
    15  fees and charges established by such schedule.

    16    §  5.  Notwithstanding the provisions of section one of this act or of
    17  any other law, rule or regulation to the contrary, a revision to the fee
    18  schedules established pursuant to sections 13, 13-k, 13-l  and  13-m  of
    19  the  workers' compensation law existing as of the effective date of this
    20  act shall be published by the chair of the workers'  compensation  board
    21  on  behalf  of such board no later than one year following the effective
    22  date of this act. Subsequent biennial schedules shall  be  published  in
    23  final  form  on  January  fifteenth  every  other  year. Nothing in this
    24  section shall limit the authority of the chair of the  workers'  compen-
    25  sation  board  to make adjustments in the fee schedule other than at the
    26  biennial publication.
    27    § 6. This act shall take effect immediately.