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A06823 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the workers' compensation law, in relation to authorizing certain care and treatment to injured employees PURPOSE: Provides that the chair of the workers' compensation board can set a fee schedule for massage therapy services for injured employees SUMMARY OF PROVISIONS: Section 1 amends section 13 of the workers' compensation law to allow the chair of the workers' compensation board to set the fee schedule for massage therapy services provided to injured employees upon referral by the injured employee's physician. Section 2 amends subdivision 1 of section 13-b to implement a process for the creation and filing of records for treatment with massage thera- py. Section 3 amends subdivision 1 of section 13-g of the workers' compen- sation law to allow for the payment of bills for massage therapy services under the workers' compensation law. Section 4 establishes the effective date. JUSTIFICATION: Massage therapists are licensed to provide care to patients in New York State under the provisions of Article 155 of the Education Law. Howev- er, injured employees can only be reimbursed for massage therapy services on an ad-hoc basis, with some workers' compensation carriers allowing it and others denying it. This bill would establish a fee schedule for massage therapy in the same manner as physical and occupational therapy and allow an injured employ- ee to receive reimbursement for massage therapy services. Massage is now used with children, the elderly, babies in incubators, patients with cancer, AIDS, heart conditions and strokes, and in intensive care units. Most American hospices provide massage and it is offered in many health centers, pain clinics, and drug treatment clinics. An October 2003 study by the American Hospital Association (AHA), with support from the American Massage Therapy Association (AMTA), shows that many hospitals are incorporating massage therapy into their pain manage- ment programs. Of the 1,007 hospitals responding to the AHA survey, massage therapy was the most prevalent complementary and alternative medicine (CAM) offer- ing, with 32 percent of hospitals reporting CAM use saying the offer massage therapy. Of the hospitals with massage therapy programs, more than 73 percent utilize massage therapy for pain management and pain relief. The AHA survey and the increasing use of massage therapy as revealed in annual consumer visit surveys suggest that hospitals and healthcare organizations are responding positively to the consensus of research and evidence highlighting the benefits of massage therapy. Recent clinical research on the efficacy of massage for pain management has demonstrated that: 1 Massage therapy is more effective for back pain than other complemen- tary therapies. 2 Massage therapy promotes relaxation and alleviated the perception of pain and anxiety in cancer patients. 3 Massage therapy reduces post-traumatic headaches better than cold pack treatment. 4 A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles found that massage, as part of hospital-based surgery treatment, reduces pain and muscle spasms in patients who have undergone heart bypass surgery. 5 Massage stimulates the brain to produce endorphins. The National Institutes of Health (NIH), has identified the management and treatment of pain as a significant national health issue. According to NIH, pain is the most common reason people seek medical care and that more than one third of all Americans will suffer from chronic pain at some point in their lives. Chronic pain accounts for more than $100 billion in annual losses to American businesses through healthcare expenses and lost productivity and approximately 14 percent of all employees take time off from work due to pain each year. LEGISLATIVE HISTORY: 2017-2018 A6797-A passed the Assembly 2017-2018 S406-A referred to labor FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately