Amd 13-k, 13-l & 13-m, rpld 13-k sub 6 (b) & (c), subs 10, 11 & 12, 13-l sub 6 (b) & (c), subs 10, 11 & 12,
13-m sub 7 (b) & (c), subs 11, 12 & 13, Work Comp L
Relates to authorization of treatment under workers' compensation for care and treatment of injured employees by podiatrists, chiropractors and psychologists; repeals certain provisions.
STATE OF NEW YORK
________________________________________________________________________
8240
2025-2026 Regular Sessions
IN SENATE
May 27, 2025
___________
Introduced by Sen. RAMOS -- (at request of the Workers Compensation
Board) -- read twice and ordered printed, and when printed to be
committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to removing
parallel processes for authorization of certain providers; and repeal-
ing certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 13-k of the workers' compensation
2 law, as amended by section 4 of part CC of chapter 55 of the laws of
3 2019, is amended to read as follows:
4 2. An employee injured under circumstances which make such injury
5 compensable under this article, when care is required for an injury to
6 the foot which injury or resultant condition therefrom may lawfully be
7 treated by a duly registered and licensed podiatrist of the state of New
8 York, may select to treat [him or her] such employee any podiatrist
9 authorized by the chair to render podiatric medical care, as hereinafter
10 provided. If the injury or condition is one which is without the limits
11 prescribed by the education law for podiatric medical care and treat-
12 ment, or the injuries involved affect other parts of the body in addi-
13 tion to the foot, the said podiatrist must so advise the said injured
14 employee and instruct [him or her] said employee to consult a physician
15 of said employee's choice for appropriate care and treatment. Such
16 physician shall thenceforth have overall supervision of the treatment of
17 said patient including the future treatment to be administered to the
18 patient by the podiatrist. If for any reason during the period when
19 podiatric medical treatment and care is required, the employee wishes to
20 transfer [his or her] their treatment and care to another authorized
21 podiatrist [he or she] the employee may do so, in accordance with rules
22 prescribed by the chair, provided however that the employer shall be
23 liable for the proper fees of the original podiatrist for the care and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10000-01-5
S. 8240 2
1 treatment [he or she] they shall have rendered. The chair shall prepare
2 and establish a schedule for the state, or schedules limited to defined
3 localities, of charges and fees for podiatric medical treatment and
4 care, to be determined in accordance with and to be subject to change
5 pursuant to rules promulgated by the chair. Before preparing such sched-
6 ule for the state or schedules for limited localities the chair shall
7 request the [podiatric medicine practice committee] New York state
8 podiatric medical association to submit to [him or her] such chair a
9 report on the amount of remuneration deemed by such committee to be fair
10 and adequate for the types of podiatric medical care to be rendered
11 under this chapter, but consideration shall be given to the view of
12 other interested parties. The amounts payable by the employer for such
13 treatment and services shall be the fees and charges established by such
14 schedule.
15 § 2. Paragraphs (b) and (c) of subdivision 6 of section 13-k of the
16 workers' compensation law are REPEALED.
17 § 3. Subdivision 8 of section 13-k of the workers' compensation law,
18 as added by chapter 787 of the laws of 1952, is amended to read as
19 follows:
20 8. The [chairman] chair shall promulgate rules governing the procedure
21 to be followed by those rendering podiatry care under this section,
22 which rules so far as practicable shall conform to the rules presently
23 in effect with reference to medical care furnished to claimants in
24 [workmen's] workers' compensation. [In connection with the promulgation
25 of said rules the chairman may consult the podiatry practice committee
26 hereinafter provided and may take into consideration the view of other
27 interested parties.]
28 § 4. Subdivision 9 of section 13-k of the workers' compensation law,
29 as added by chapter 787 of the laws of 1952, is amended to read as
30 follows:
31 9. [The chairman shall appoint for and with jurisdiction in the entire
32 state of New York a single podiatry practice committee composed of one
33 duly licensed physician and two duly registered and licensed podiatrists
34 of the state of New York. Each podiatry member of said committee shall
35 have been engaged in the practice of podiatry as a duly registered and
36 licensed podiatrist of the state of New York at least ten years prior to
37 the time of his appointment and shall receive compensation either on an
38 annual basis or on a per diem basis to be fixed by the chairman within
39 amounts appropriated therefor. One of said members shall be designated
40 by the chairman as chairman of said podiatry practice committee. No
41 member of said committee shall render podiatry treatment under this
42 section nor be employed by or accept or participate in any fee from any
43 insurance company authorized to write workmen's compensation insurance
44 in this state or from any self-insurer, whether such employment or fee
45 relates to a workmen's compensation claim or otherwise. The attorney
46 general, upon request, shall advise and assist such committee.] Removal
47 of authorized podiatrists shall be conducted in accordance with section
48 thirteen-d of this article.
49 § 5. Subdivisions 10, 11 and 12 of section 13-k of the workers'
50 compensation law are REPEALED.
51 § 6. Subdivision 2 of section 13-l of the workers' compensation law,
52 as amended by section 5 of part CC of chapter 55 of the laws of 2019, is
53 amended to read as follows:
54 2. An employee injured under circumstances which make such injury
55 compensable under this article, when care is required for an injury
56 which consists solely of a condition which may lawfully be treated by a
S. 8240 3
1 chiropractor as defined in section sixty-five hundred fifty-one of the
2 education law may select to treat [him or her] such employee, any duly
3 registered and licensed chiropractor of the state of New York, author-
4 ized by the chair to render chiropractic care as hereinafter provided.
5 If the injury or condition is one which is outside the limits prescribed
6 by the education law for chiropractic care and treatment, the said
7 chiropractor must so advise the said injured employee and instruct [him
8 or her] said employee to consult a physician of said employee's choice
9 for appropriate care and treatment. Such physician shall thenceforth
10 have supervision of the treatment of said condition including the future
11 treatment to be administered to the patient by the chiropractor. The
12 chair shall prepare and establish a schedule for the state, or schedules
13 limited to defined localities of charges and fees for chiropractic
14 treatment and care, to be determined in accordance with and to be
15 subject to change pursuant to rules promulgated by the chair. Before
16 preparing such schedule for the state or schedules for limited locali-
17 ties the chair shall request the [chiropractic practice committee] New
18 York state chiropractic association to submit to [him or her] such chair
19 a report on the amount of remuneration deemed by such committee to be
20 fair and adequate for the types of chiropractic care to be rendered
21 under this chapter, but consideration shall be given to the view of
22 other interested parties, the amounts payable by the employer for such
23 treatment and services shall be the fees and charges established by such
24 schedule.
25 § 7. Paragraphs (b) and (c) of subdivision 6 of section 13-l of the
26 workers' compensation law are REPEALED.
27 § 8. Subdivision 8 of section 13-l of the workers' compensation law,
28 as added by chapter 940 of the laws of 1973, is amended to read as
29 follows:
30 8. The [chairman] chair shall promulgate rules governing the procedure
31 to be followed by those rendering chiropractic care under this section,
32 which rules so far as practicable shall conform to the rules presently
33 in effect with reference to medical care furnished to claimants in
34 [workmen's] workers' compensation. [In connection with the promulgation
35 of said rules the chairman may consult the chiropractic practice commit-
36 tee hereinafter provided and may take into consideration the view of
37 other interested parties.]
38 § 9. Subdivision 9 of section 13-l of the workers' compensation law,
39 as amended by section 2 of part GG of chapter 57 of the laws of 2013, is
40 amended to read as follows:
41 9. [The chair shall appoint for and with jurisdiction in the entire
42 state of New York a single chiropractic practice committee composed of
43 three duly registered and licensed chiropractors of the state of New
44 York. Each member of said committee shall receive compensation either
45 on an annual basis or on a per diem basis to be fixed by the chair with-
46 in amounts appropriated therefor. One of said chiropractic members shall
47 be designated by the chair as a chair of said chiropractic practice
48 committee. No member of said committee shall render chiropractic treat-
49 ment under this section nor be employed or accept or participate in any
50 fee from any insurance company authorized to write workers' compensation
51 insurance in this state or from any self-insurer, whether such employ-
52 ment or fee relates to a workers' compensation claim or otherwise. The
53 attorney general, upon request, shall advise and assist such committee.]
54 Removal of authorized chiropractors shall be conducted in accordance
55 with section thirteen-d of this article.
S. 8240 4
1 § 10. Subdivisions 10, 11 and 12 of section 13-l of the workers'
2 compensation law are REPEALED.
3 § 11. Subdivision 3 of section 13-m of the workers' compensation law,
4 as amended by section 6 of part CC of chapter 55 of the laws of 2019, is
5 amended to read as follows:
6 3. The chair shall prepare and establish a schedule for the state or
7 schedules limited to defined localities of charges and fees for psycho-
8 logical treatment and care, to be determined in accordance with and be
9 subject to change pursuant to rules promulgated by the chair. Before
10 preparing such schedule for the state or schedules for limited locali-
11 ties the chair shall request the [psychology practice committee] New
12 York state psychological association to submit to such chair a report on
13 the amount of remuneration deemed by such [committee] association to be
14 fair and adequate for the types of psychological care to be rendered
15 under this chapter, but consideration shall be given to the view of
16 other interested parties. The amounts payable by the employer for such
17 treatment and services shall be the fees and charges established by such
18 schedule.
19 § 12. Paragraphs (b) and (c) of subdivision 7 of section 13-m of the
20 workers' compensation law are REPEALED.
21 § 13. Subdivision 9 of section 13-m of the workers' compensation law,
22 as added by chapter 589 of the laws of 1989, is amended to read as
23 follows:
24 9. The [chairman] chair shall promulgate rules governing the procedure
25 to be followed by those rendering psychological care under this section,
26 which rules so far as practicable shall conform to the rules presently
27 in effect with reference to medical care furnished to claimants in work-
28 ers' compensation. [In connection with the promulgation of said rules
29 the chairman may consult the psychology practice committee hereinafter
30 provided and may take into consideration the view of other interested
31 parties.]
32 § 14. Subdivision 10 of section 13-m of the workers' compensation law,
33 as amended by section 3 of part GG of chapter 57 of the laws of 2013, is
34 amended to read as follows:
35 10. [The chair shall appoint for and with jurisdiction in the entire
36 state of New York a single psychology practice committee composed of
37 three duly registered and licensed psychologists, at least one of whom
38 shall be a member in good standing of the New York state psychological
39 association recommended by the president of such organization. Each
40 member of said committee shall receive compensation either on an annual
41 basis or on a per diem basis to be fixed by the chair within amounts
42 appropriated therefor. One of said psychologists shall be designated by
43 the chair as a chair of said psychology practice committee. No member of
44 said committee shall render psychological treatment under this section
45 nor be an employer or accept or participate in any fee from any insur-
46 ance company authorized to write workers' compensation insurance in this
47 state or from any self-insurer, whether such employment or fee relates
48 to a workers' compensation claim or otherwise. The attorney general,
49 upon request, shall advise and assist such committee.] Removal of
50 authorized psychologists shall be conducted in accordance with section
51 thirteen-d of this article.
52 § 15. Subdivisions 11, 12 and 13 of section 13-m of the workers'
53 compensation law are REPEALED.
54 § 16. This act shall take effect immediately.
