New York State Assembly

 
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A06797 Summary:

A06797 Actions:

A06797 Committee Votes:

Committee:LABOR   Chair:Titus      
DATE:06/07/2017AYE/NAY:24/2  Action: Favorable refer to committee Ways and Means        
Titus
Aye
Brabenec
Aye
Abbate
Aye
Crouch
Aye
Perry
Absent
Fitzpatrick
Nay
Ortiz
Aye
Curran
Aye
Colton
Aye
DiPietro
Nay
Benedetto
Aye
Castorina
Aye
Hevesi
Excused
Byrne
Aye
Zebrowski
Aye
Morinello
Aye
Miller
Aye
Bronson
Aye
Rodriguez
Aye
Moya
Aye
DenDekker
Aye
Mayer
Aye
Skoufis
Absent
Rozic
Aye
Simon
Aye
Steck
Aye
Joyner
Aye
Barnwell
Aye
Carroll
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/19/2017AYE/NAY:27/7  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Nay
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Nay
Colton
Aye
Ra
Nay
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/19/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Excused
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A06797 Floor Votes:

A06797 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6797--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2017
                                       ___________
 
        Introduced  by  M. of A. WOERNER, VANEL, LUPINACCI, LUPARDO -- read once
          and referred to the Committee on Labor -- 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, in relation to authoriz-
          ing certain care and treatment to injured employees
 
          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  shall  prepare  and establish a schedule for the state, or
     5  schedules limited to defined localities, of charges and  fees  for  such
     6  medical treatment and care, and including all medical, dental, surgical,
     7  optometric or other attendance or treatment, nurse and hospital service,
     8  medicine, optometric services, crutches, eye-glasses, false teeth, arti-
     9  ficial  eyes,  orthotics,  prosthetic  devices, functional assistive and
    10  adaptive devices and apparatus in accordance with and to be  subject  to
    11  change pursuant to rules promulgated by the chair. Before preparing such
    12  schedule  for  the  state  or schedules for limited localities the chair
    13  shall request the president of the medical society of the state  of  New
    14  York and the president of the New York state osteopathic medical society
    15  to submit to him or her a report on the amount of remuneration deemed by
    16  such society to be fair and adequate for the types of medical care to be
    17  rendered  under  this  chapter,  but consideration shall be given to the
    18  view of other interested parties. In the case of physical  therapy  fees
    19  schedules  the chair shall request the president of a recognized profes-
    20  sional association representing physical therapists in the state of  New
    21  York  to  submit  to  him  or her a report on the amount of remuneration
    22  deemed by such association to be fair and reasonable  for  the  type  of
    23  physical therapy services rendered under this chapter, but consideration
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02920-02-7
        A. 6797--A                          2
 
     1  shall  be  given  to  the  views of other interested parties.  The chair
     2  shall also prepare and establish a schedule for the state, or  schedules
     3  limited to defined localities, of charges and fees for outpatient hospi-
     4  tal  services  not  covered  under  the  medical fee schedule previously
     5  referred to in this subdivision, to be determined in accordance with and
     6  to be subject to change pursuant to  rules  promulgated  by  the  chair.
     7  Before  preparing  such  schedule for the state or schedules for limited
     8  localities the chair shall request the president of the hospital associ-
     9  ation of New York state to submit to him or her a report on  the  amount
    10  of  remuneration  deemed by such association to be fair and adequate for
    11  the types of hospital outpatient care to be rendered under this chapter,
    12  but consideration shall be  given  to  the  views  of  other  interested
    13  parties.  In  the  case of occupational therapy fees schedules the chair
    14  shall request the president of  a  recognized  professional  association
    15  representing  occupational therapists in the state of New York to submit
    16  to him or her a report on the amount  of  remuneration  deemed  by  such
    17  association to be fair and reasonable for the type of occupational ther-
    18  apy  services  rendered  under  this chapter, but consideration shall be
    19  given to the views of other interested parties. In the case  of  massage
    20  therapy  fee schedules the chair shall request the president of a recog-
    21  nized professional association representing licensed massage  therapists
    22  in  the state of New York to submit to him or her a report on the amount
    23  of 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, licensed
    31  massage or occupational therapist rendering their  respective  physical,
    32  massage  or  occupational  therapy  services  may receive payment in any
    33  higher amount unless such increased amount has been  authorized  by  the
    34  employer, or by decision as provided in section thirteen-g of this arti-
    35  cle.  Nothing  in  this  section  shall  be  construed as preventing the
    36  employment of a duly authorized  physician  on  a  salary  basis  by  an
    37  authorized compensation medical bureau or laboratory.
    38    § 2. Subdivision 1 of section 13-b of the workers' compensation law is
    39  amended by adding a new paragraph (g) to read as follows:
    40    (g)  Upon  the  prescription  or  referral of an authorized physician,
    41  massage therapy care may be rendered by a duly licensed  massage  thera-
    42  pist.  Where  massage therapy care is rendered, records of the patient's
    43  condition and progress, together with records of instruction for  treat-
    44  ment, if any shall be maintained by the message therapist and physician.
    45  Said  records shall be submitted to the chair on forms and at such times
    46  as the chair may require.  A duly licensed massage therapist  shall  not
    47  be authorized to perform independent medical examinations.
    48    §  3.  Subdivision 1 of section 13-g of the workers' compensation law,
    49  as amended by chapter 674 of the laws of 1994, is  amended  to  read  as
    50  follows:
    51    (1)  Within  forty-five  days  after  a  bill has been rendered to the
    52  employer by the hospital, physician or self-employed physical,  licensed
    53  massage or occupational therapist who has rendered treatment pursuant to
    54  a  referral  from the injured employee's authorized physician or author-
    55  ized podiatrist for treatment to the  injured  employee,  such  employer
    56  must  pay  the  bill  or notify the hospital, physician or self-employed
        A. 6797--A                          3
 
     1  physical, licensed massage or occupational therapist in writing that the
     2  bill is not being paid and explain the reasons for non-payment.  In  the
     3  event  that  the  employer fails to make payment or notify the hospital,
     4  physician  or  self-employed  physical, licensed massage or occupational
     5  therapist within such forty-five day period that payment  is  not  being
     6  made, the hospital, physician, self-employed physical therapist or self-
     7  employed licensed massage therapist or self-employed occupational thera-
     8  pist may notify the chair in writing that the bill has not been paid and
     9  request that the board make an award for payment of such bill. The board
    10  or  the  chair  may  make  an award not in excess of the established fee
    11  schedules for any such bill or part thereof which remains  unpaid  after
    12  said forty-five day period or thirty days after all other questions duly
    13  and  timely  raised  in  accordance with the provisions of this chapter,
    14  relating to the employer's liability for the  payment  of  such  amount,
    15  shall  have been finally determined adversely to the employer, whichever
    16  is later, in accordance with rules promulgated by the  chair,  and  such
    17  award  may  be collected in like manner as an award of compensation. The
    18  chair shall assess the sum of fifty dollars  against  the  employer  for
    19  each  such  award  made  by  the board, which sum shall be paid into the
    20  state treasury.
    21    In the event that the employer has provided an explanation in  writing
    22  why the bill has not been paid, in part or in full, within the aforesaid
    23  time  period,  and  the parties can not agree as to the value of medical
    24  aid rendered under this chapter, such value shall be  decided  by  arbi-
    25  tration  if  requested by the hospital, physician or self-employed phys-
    26  ical, licensed massage or occupational therapist, in accordance with the
    27  provisions of subdivision two or subdivision three of this  section,  as
    28  appropriate, and rules and regulations promulgated by the chair.
    29    Where  a  physician, physical, licensed massage or occupational thera-
    30  pist bill has been determined to be due and owing in accordance with the
    31  provisions of this section the board shall include in the amount of  the
    32  award  interest  of not more than one and one-half per cent (1 1/2%) per
    33  month payable to the physician, physical, licensed  massage  or  occupa-
    34  tional  therapist,  in accordance with the rules and regulations promul-
    35  gated by the board. Interest shall be calculated  from  the  forty-fifth
    36  day  after  the  bill  was  rendered or from the thirtieth day after all
    37  other questions duly and timely raised in accordance with the provisions
    38  of this chapter, relating to the employer's liability for the payment of
    39  such amount, shall have been finally determined adversely to the employ-
    40  er, whichever is later, in accordance  with  rules  promulgated  by  the
    41  chair.
    42    § 4. This act shall take effect immediately.