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A02462 Summary:

A02462 Actions:

A02462 Committee Votes:

Committee:LABOR   Chair:Titus      
DATE:05/24/2016AYE/NAY:20/6  Action: Favorable refer to committee Codes        
Titus
Aye
Brabenec
Nay
Abbate
Aye
Crouch
Aye
Perry
Aye
Fitzpatrick
Nay
Ortiz
Aye
Saladino
Aye
Colton
Aye
Curran
Nay
Markey
Aye
DiPietro
Nay
Benedetto
Aye
Wozniak
Nay
Hevesi
Excused
Castorina
Nay
Kavanagh
Excused
Zebrowski
Aye
Miller
Aye
Bronson
Aye
Rodriguez
Aye
Moya
Aye
DenDekker
Aye
Mayer
Aye
Skoufis
Aye
Rozic
Aye
Simon
Aye
Linares
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/06/2016AYE/NAY:25/7  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Nay
Schimminger
Nay
Barclay
Nay
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Saladino
Nay
Glick
Aye
Hawley
Nay
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Excused
Perry
Excused
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Excused
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

Committee:CODES   Chair:Lentol      
DATE:06/06/2016AYE/NAY:21/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Hevesi
Aye
Montesano
Aye
Wright
Absent
Ra
Aye
Pretlow
Aye
Tenney
Aye
Cook
Aye
Cymbrowitz
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

Committee:RULES   Chair:Heastie      
DATE:06/07/2016AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A02462 Floor Votes:

A02462 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2462--A
                                                                   R. R. 118
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor -- recommitted to the Committee on  Labor  in  accordance
          with Assembly Rule 3, sec. 2 -- reported and referred to the Committee
          on  Codes  -- reported and referred to the Committee on Ways and Means
          -- reported and referred to the Committee on Rules -- amended  on  the
          special  order of third reading, ordered reprinted as amended, retain-
          ing its place on the special order of third reading
 
        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, the term "acupunc-
     5  turist" shall mean a person who is duly licensed  and  registered  as  a
     6  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    2. (a) An injured employee, injured  under  circumstances  which  make
    11  such  an  injury compensable under this article, may lawfully be treated
    12  by an acupuncturist authorized by the chair to render  acupuncture  care
    13  pursuant to this section. Such services shall be within the scope of the
    14  profession  of  acupuncture  as  defined  in  subdivision one of section
    15  eighty-two hundred eleven of the education law.  Acupuncturists  author-
    16  ized  by  the chair to provide treatment pursuant to this section, shall
    17  not be authorized to perform independent medical examinations.
    18    (b) Medical bureaus, medical centers jointly  operated  by  labor  and
    19  management  representatives,  hospitals and health maintenance organiza-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07466-04-6
        A. 2462--A                          2
 
     1  tions, authorized to  provide  medical  care,  may  provide  acupuncture
     2  services  when required, provided such care is rendered by an acupunctu-
     3  rist as required by this section.
     4    (c)  An acupuncturist rendering service pursuant to this section shall
     5  maintain records of the patient's condition and  acupuncture  treatment,
     6  and  such  records  or  reports  shall be submitted to the chair on such
     7  forms and at such times as the chair may require.
     8    3. (a) An acupuncturist who is desirous of being authorized to  render
     9  acupuncture  services  under  this section shall file an application for
    10  authorization under this section with the acupuncture  practice  commit-
    11  tee. The applicant shall agree to refrain from subsequently treating for
    12  remuneration,  as  a  private  patient,  any  person seeking acupuncture
    13  services, in connection with, or as a result of, any injury  compensable
    14  under  this  chapter,  if  he  or  she has been removed from the list of
    15  acupuncturists authorized to render services under this chapter.    This
    16  agreement shall run to the benefit of the injured person so treated, and
    17  shall  be available as a defense in any action by such acupuncturist for
    18  payment for treatment rendered by such acupuncturist after being removed
    19  from  the  list  of  acupuncturists  authorized  to  render  acupuncture
    20  services  under  this  section. The acupuncture practice committee if it
    21  deems such acupuncturist duly qualified shall  recommend  to  the  chair
    22  that such person be authorized to render acupuncture services under this
    23  section.    Such recommendations shall be only advisory to the chair and
    24  shall not be binding or conclusive.
    25    (b) The chair may prepare and establish a schedule for  the  state  or
    26  schedules limited to defined localities of charges and fees for acupunc-
    27  ture  treatment  and  care,  to  be determined in accordance with and be
    28  subject to change pursuant to rules promulgated  by  the  chair.  Before
    29  preparing  such  schedule for the state or schedules for limited locali-
    30  ties the chair shall  request  the  acupuncture  practice  committee  to
    31  submit  to  such  chair a report on the amount of remuneration deemed by
    32  such committee to be fair and adequate  for  the  types  of  acupuncture
    33  services  to  be rendered under this chapter, but consideration shall be
    34  given to the view of other interested parties.  The amounts  payable  by
    35  the  employer  for  such  treatment  and  services shall be the fees and
    36  charges established by such schedule.
    37    (c) In determining the schedule or schedules as provided in  paragraph
    38  (b)  of  this  subdivision,  the  chair shall make a distinction between
    39  treatment rendered by  a  duly  licensed  and  registered  acupuncturist
    40  subject  to the provisions of article one hundred sixty of the education
    41  law and a certified acupuncturist subject to the provisions  of  section
    42  eighty-two  hundred  sixteen  of  the education law, and the chair shall
    43  prepare and establish a schedule or schedules reflecting fees and charg-
    44  es appropriate to the nature and scope of the treatment rendered by each
    45  type of practitioner, giving due consideration to all  relevant  factors
    46  including, but not limited to, the level of acupuncture education of the
    47  practitioner,  the  type  of treatment rendered, whether the acupuncture
    48  treatment is being provided as the principal treatment or as an  adjunct
    49  treatment,  and  the  billing  practices entailed, including whether the
    50  practitioner submits one comprehensive bill or bills separately for  the
    51  acupuncture treatment, office visits and other items.
    52    4. No claim for acupuncture services shall be valid and enforceable as
    53  against  the  employer  or  employees  unless  within  forty-eight hours
    54  following the first treatment the  acupuncturist  giving  such  care  or
    55  treatment furnishes to the employer and directly to the chair a prelimi-
    56  nary notice of such injury and treatment, and within fifteen days there-
        A. 2462--A                          3
 
     1  after  a more complete report and subsequent thereto progress reports as
     2  requested in writing by the chair, board, employer or insurance carrier,
     3  at intervals of not less than three weeks  apart  or  at  less  frequent
     4  intervals  if  requested on forms prescribed by the chair. The board may
     5  excuse the failure to give such notices within  the  designated  periods
     6  when it finds it to be in the interest of justice to do so.
     7    5.  Fees  for  acupuncture  services  shall  be payable only to a duly
     8  licensed or certified acupuncturist  pursuant  to  article  one  hundred
     9  sixty  of  the education law, or to the agent, executor or administrator
    10  of the estate of such acupuncturist.  No acupuncturist rendering  treat-
    11  ment to a compensation claimant shall collect or receive a fee from such
    12  claimant  within  this  state,  but  shall  have recourse for payment of
    13  services rendered only to the employer  under  the  provisions  of  this
    14  section.
    15    6.  Whenever  his  or  her  attendance  at  a hearing is required, the
    16  acupuncturist of the injured employee shall be entitled to receive a fee
    17  from the employer in an amount to be fixed by the board, in addition  to
    18  any  fee  payable under section eight thousand one of the civil practice
    19  law and rules.
    20    7. (a) Unless within thirty days after a bill has been rendered to the
    21  employer by the acupuncturist who has treated an injured employee,  such
    22  employer shall have notified the chair and such acupuncturist in writing
    23  that  such  employer demands an impartial examination of the fairness of
    24  the amount claimed by such acupuncturist for his or  her  services,  the
    25  right  to such an impartial examination shall be deemed to be waived and
    26  the amount claimed by such acupuncturist shall be deemed to be the  fair
    27  value  of the services rendered.  If the parties fail to agree as to the
    28  acupuncture care rendered under this chapter to a claimant,  such  value
    29  shall  be decided by the acupuncture practice committee and the majority
    30  decision of such committee shall be conclusive upon the  parties  as  to
    31  the  value of the services rendered. The board may make an award for any
    32  such bill or part thereof which remains unpaid in the same manner as  an
    33  award  for  bills  rendered  under subdivisions one and three of section
    34  thirteen-g of this article, and such award  may  be  collected  in  like
    35  manner  as  an  award of compensation. The chair shall assess the sum of
    36  fifty dollars against the employer for  each  such  award  made  by  the
    37  board, which sum shall be paid into the state treasury.
    38    (b)  Where  an  acupuncturist's bill has been determined to be due and
    39  owing in accordance with the provisions of this section, the  board  may
    40  impose  a penalty of not more than one and one-half percent interest per
    41  month payable to the acupuncturist in  accordance  with  the  rules  and
    42  regulations promulgated by the board.
    43    (c)  The  parties to such proceeding shall each pay to the chair a sum
    44  equal to five per centum of the amount payable  under  the  decision  of
    45  such  committee  or a minimum of five dollars, whichever is greater. The
    46  sums so collected shall be transferred to the state  treasury  to  reim-
    47  burse it on account of the expense of administering this section.
    48    8.  Within  the limits prescribed by the education law for acupuncture
    49  services,  the  report  or  testimony  of  an  authorized  acupuncturist
    50  concerning  the  condition  of an injured employee and treatment thereof
    51  shall be deemed competent evidence and the professional opinion  of  the
    52  acupuncturist  as  to causal relation and as to required treatment shall
    53  be deemed competent but  shall  not  be  controlling.  Nothing  in  this
    54  section  shall be deemed to deprive any employer or insurance carrier of
    55  any right to a medical examination or presentation of medical  testimony
    56  now conferred by law.
        A. 2462--A                          4
 
     1    9.  The  chair  shall  promulgate  rules governing the procedure to be
     2  followed by those rendering acupuncture  services  under  this  section,
     3  which  rules  so far as practicable shall conform to the rules presently
     4  in effect with reference to medical care furnished to claimants in work-
     5  ers' compensation. In connection with the promulgation of such rules the
     6  chair  may  consult the acupuncture practice committee and may take into
     7  consideration the view of other interested parties.
     8    10. The chair shall appoint for and with jurisdiction  in  the  entire
     9  state  of  New  York a single acupuncture practice committee composed of
    10  two licensed acupuncturists, and one  duly  licensed  physician  of  the
    11  state  of  New York. Each member of such committee shall receive compen-
    12  sation either on an annual basis or on a per diem basis to be  fixed  by
    13  the  chair  within  amounts  appropriated therefor. One of such licensed
    14  acupuncturists shall be designated by the  chair  as  a  chair  of  such
    15  acupuncture practice committee. No member of such committee shall render
    16  acupuncture  services under this section nor be an employer or accept or
    17  participate in any fee from any insurance company  authorized  to  write
    18  workers'  compensation insurance in this state or from any self-insurer,
    19  whether such employment or fee relates to a workers' compensation  claim
    20  or  otherwise.  The  attorney  general,  upon  request, shall advise and
    21  assist such committee.
    22    11. The acupuncture practice committee  shall  investigate,  hear  and
    23  make  findings  with  respect to all charges as to professional or other
    24  misconduct of any authorized acupuncturists as provided in this  section
    25  under  rules  and  procedures  to  be  prescribed by the chair and shall
    26  report evidence of such misconduct, with their findings and  recommenda-
    27  tions  with  respect  thereto, to the chair.  The findings, decision and
    28  recommendation of such acupuncture practice committee shall be  advisory
    29  to  the  chair  only, and shall not be binding or conclusive upon him or
    30  her. The chair shall remove from the list of  acupuncturists  authorized
    31  to  render  acupuncture  services  under  this  chapter  the name of any
    32  acupuncturist who he or she shall find after reasonable investigation is
    33  disqualified because such acupuncturist:
    34    (a) has been guilty of professional or other misconduct or incompeten-
    35  cy in connection with the rendering of acupuncture services,
    36    (b) has exceeded the limits of his or her professional  competence  in
    37  rendering  acupuncture  services under the law, or has made false state-
    38  ments regarding qualifications in the application for authorization,
    39    (c) has failed to submit timely, full and truthful acupuncture  evalu-
    40  ation and treatment reports of all findings to the employer and directly
    41  to  the  chair  of  the  board  within  the time limits provided in this
    42  section,
    43    (d) has rendered acupuncture services under this  chapter  for  a  fee
    44  less than that fixed in the fee schedule,
    45    (e)  has  solicited  or has employed another to solicit for himself or
    46  herself or for another professional treatment, examination or care of an
    47  injured employee with any claim under this chapter,
    48    (f) has refused to appear before or answer upon request of the  chair,
    49  board,  acupuncture practice committee or any duly authorized officer of
    50  the state, any legal question or produce  any  relevant  book  or  paper
    51  concerning conduct under an authorization granted under law, or
    52    (g)  has directly or indirectly requested, received or participated in
    53  the division, transference, assignment, rebating, splitting or refunding
    54  of a fee for, or has directly or indirectly requested, received or prof-
    55  ited by means of a credit  or  otherwise  valuable  consideration  as  a
        A. 2462--A                          5

     1  commission,  discount  or gratuity in connection with the treatment of a
     2  workers' compensation claimant.
     3    12. Any person who violates or attempts to violate, and any person who
     4  aids  another to violate or attempts to induce him or her to violate the
     5  provisions of paragraph (g) of subdivision eleven of this section  shall
     6  be guilty of a misdemeanor.
     7    13.  Nothing  in  this  section  shall be construed as limiting in any
     8  respect the power or duty of  the  chair  to  investigate  instances  of
     9  misconduct,  either  before  or  after  investigation by the acupuncture
    10  practice committee, or to temporarily suspend the authorization  of  any
    11  acupuncturist  believed  to be guilty of such misconduct. The provisions
    12  of subdivision one of section thirteen-d of this article which  are  not
    13  inconsistent  with the provisions of this section shall be applicable as
    14  if fully set forth in this section.
    15    14. Nothing contained in this section  shall  prohibit  acupuncturists
    16  who  practice  as  partners,  in groups or as a professional corporation
    17  from pooling fees  and  moneys  received,  either  by  the  partnership,
    18  professional  corporation or group or by the individual members thereof,
    19  for professional  services  furnished  by  any  individual  professional
    20  member, or employee of such partnership, corporation or group, nor shall
    21  the professionals constituting the partnerships, corporations, or groups
    22  be prohibited from sharing, dividing or apportioning the fees and moneys
    23  received  by them or by the partnership, corporation or group in accord-
    24  ance with a partnership or other agreement.
    25    § 2. Subdivision 1 of section 8213 of the education law, as  added  by
    26  chapter 772 of the laws of 1990, is amended to read as follows:
    27    (1)  There  is  hereby established within the department a state board
    28  for acupuncture. The board shall consist of not less than eleven members
    29  to be appointed by the board of regents on  the  recommendation  of  the
    30  commissioner  for  the purpose of assisting the board of regents and the
    31  department on matters of professional licensing and professional conduct
    32  in accordance with section sixty-five hundred eight  of  this  [chapter]
    33  title, four of whom shall be licensed acupuncturists, four of whom shall
    34  be  licensed  physicians  certified to use acupuncture and three of whom
    35  shall be public members representing the consumer and community. Of  the
    36  acupuncturists  first  appointed  to  the board, one may be a registered
    37  specialist's assistant-acupuncture provided that the term of such regis-
    38  tered specialist's assistant-acupuncture shall not  be  more  than  four
    39  years.  Of  the  members first appointed, three shall be appointed for a
    40  one year term, three shall be appointed for a two year  term  and  three
    41  shall be appointed for a three year term, and two shall be appointed for
    42  a  four  year  term.  Thereafter  all  members shall serve for five year
    43  terms. In the event that more  than  eleven  members  are  appointed,  a
    44  majority of the additional members shall be licensed acupuncturists. The
    45  members of the board shall select one of themselves as [chairman] chair-
    46  person to serve for a one year term.
    47    §  3.  The second undesignated paragraph of subdivision 2 of section 2
    48  of the workers' compensation law, as amended by chapter 113 of the  laws
    49  of 1946, is amended to read as follows:
    50    "Chairman"  or  "chair" means the [chairman] chairperson of the [work-
    51  men's] workers' compensation board of the state of New York;
    52    § 4. This act shall take effect immediately.