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A04302 Summary:

A04302 Actions:

A04302 Floor Votes:

A04302 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4302--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  CANESTRARI,  CYMBROWITZ,  WEISENBERG, PERRY,
          CASTRO, GABRYSZAK, SCHROEDER, CAMARA, JAFFEE, LIFTON,  KOON,  BRODSKY,
          SCHIMEL,  BENEDETTO,  FIELDS, COLTON -- Multi-Sponsored by -- M. of A.
          BARRA, BENJAMIN, DESTITO, ERRIGO,  HEVESI,  LATIMER,  LAVINE,  LENTOL,
          LUPARDO, MARKEY, McDONOUGH, McENENY, PAULIN, PHEFFER, SWEENEY, TITONE,

          WEINSTEIN,  ZEBROWSKI  --  read  once and referred to the Committee on
          Labor -- recommitted to the Committee  on  Labor  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02665-06-0
        A. 4302--A                          2
 
     1  view  of  other interested parties. In the case of physical therapy fees
     2  schedules the chair shall request the president of [a recognized profes-
     3  sional association representing physical therapists in the state of  New
     4  York]  the New York physical therapy association to submit to him or her
     5  a report on the amount of remuneration deemed by such association to  be

     6  fair  and  reasonable for the type of physical therapy services rendered
     7  under this chapter, but consideration shall be given  to  the  views  of
     8  other  interested parties.  The chair shall also prepare and establish a
     9  schedule for the state, or schedules limited to defined  localities,  of
    10  charges  and fees for outpatient hospital services not covered under the
    11  medical fee schedule previously referred to in this subdivision,  to  be
    12  determined  in  accordance  with and to be subject to change pursuant to
    13  rules promulgated by the chair. Before preparing such schedule  for  the
    14  state  or  schedules  for limited localities the chair shall request the
    15  president of the hospital association of New York state to submit to him
    16  or her a report on the amount of remuneration deemed by such association
    17  to be fair and adequate for the types of hospital outpatient care to  be

    18  rendered  under  this  chapter,  but consideration shall be given to the
    19  views of other interested parties. In the case of  occupational  therapy
    20  fees  schedules  the  chair  shall request the president of a recognized
    21  professional association representing  occupational  therapists  in  the
    22  state  of  New  York  to  submit to him or her a report on the amount of
    23  remuneration deemed by such association to be fair  and  reasonable  for
    24  the  type  of occupational therapy services rendered under this chapter,
    25  but consideration shall be  given  to  the  views  of  other  interested
    26  parties.  The  amounts  payable  by  the employer for such treatment and
    27  services shall be the fees and charges  established  by  such  schedule.
    28  Nothing  in  this  schedule, however, shall prevent voluntary payment of
    29  amounts higher or lower than the fees and charges fixed therein, but  no

    30  physician  rendering medical treatment or care, and no physical or occu-
    31  pational therapist rendering their respective physical  or  occupational
    32  therapy  services  may  receive payment in any higher amount unless such
    33  increased amount has been authorized by the employer, or by decision  as
    34  provided  in section thirteen-g of this article. Nothing in this section
    35  shall be construed as preventing the employment  of  a  duly  authorized
    36  physician on a salary basis by an authorized compensation medical bureau
    37  or laboratory.
    38    §  2.  Notwithstanding the provisions of section one of this act or of
    39  any other law, rule or regulation to the contrary, a revision to the fee
    40  schedules established pursuant to section 13  of  the  workers'  compen-
    41  sation  law  existing  as  of  the  effective  date of this act shall be
    42  published by the chair of the workers' compensation board on  behalf  of

    43  such  board  no  later  than thirty days following the effective date of
    44  this act. Subsequent biennial schedules shall be published in final form
    45  on January fifteenth every other year. Nothing  in  this  section  shall
    46  limit  the  authority of the chair of the workers' compensation board to
    47  make adjustments in the fee schedule other than at the biennial publica-
    48  tion.
    49    § 3. This act shall take effect immediately.