senate Bill S3741

Relates to application of guidelines for medical treatment for injured workers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Mar / 2011
    • REFERRED TO LABOR
  • 03 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1461
  • 21 / Jun / 2011
    • SUBSTITUTED BY A6294
  • 24 / Jun / 2011
    • SUBSTITUTION RECONSIDERED
  • 24 / Jun / 2011
    • RESTORED TO THIRD READING
  • 24 / Jun / 2011
    • RECOMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Relates to application of guidelines for medical treatment for injured workers; prohibits retroactive application.

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Bill Details

See Assembly Version of this Bill:
A6294
Versions:
S3741
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S3741

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to application of
guidelines for medical treatment for injured workers

PURPOSE:
To ensure that Medical Treatment Guidelines adopted by the Worker's
Compensation Board in 2010 will no longer be applied retroactively.

SUMMARY OF PROVISIONS:
Section 1 of Subdivision 5 of section 13-a of the worker's
compensation law, as amended by chapter 6 of the laws of 2007, is
amended to ensure that no guideline providing for medical treatment
or rules or regulations shall be applied retroactively to cases with
a date of accident of disablement that is prior to the date of such
guideline, rule or regulation.

JUSTIFICATION:
In 2010 the Workers Compensation Board adopted Medical
Treatment guidelines and process regulations, which applied
retroactively to all cases then in effect. As a result workers who
had previously received a determination that they were entitled to
specific treatments, would have their care limited. The guidelines as
written have caused confusion in the medical community and disrupted
the provision of needed medical care.
Additionally, these guidelines appear to violate Worker's compensation
law, section 13 (a) which guarantees an injured worker medical
coverage for "such period as the nature of the injury of process of
recovery may require." This bill would restore needed care, and a
sense of fairness in those cases that predate the recent adoption of
these medical treatment guidelines

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3741

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  applica-
  tion of guidelines for medical treatment for injured workers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 13-a of the workers'  compensation
law,  as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
  (5)  No  claim  for  specialist  consultations,  surgical  operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or  special  diagnostic  laboratory tests costing more than one thousand
dollars shall be valid and enforceable, as against such employer, unless
such special services shall have been authorized by the employer  or  by
the  board, or unless such authorization has been unreasonably withheld,
or withheld for a period of more than thirty calendar days from  receipt
of  a  request  for  authorization,  or unless such special services are
required in an emergency, provided, however, that the basis for a denial
of such authorization by the employer must be  based  on  a  conflicting
second  opinion  rendered  by  a  physician authorized by the board. The
board, with the approval of the superintendent of insurance, shall issue
and maintain a list of pre-authorized procedures under this section.  NO
GUIDELINE PROVIDING FOR  MEDICAL  TREATMENT,  OR  RULES  OR  REGULATIONS
PERTAINING  THERETO,  SHALL  BE APPLIED BY THE BOARD BY RETROACTIVELY TO
CASES WITH A DATE OF ACCIDENT OR DATE OF DISABLEMENT THAT  IS  PRIOR  TO
THE DATE OF ANY SUCH GUIDELINE, RULE OR REGULATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09865-01-1

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