senate Bill S4559A

Amended

Relates to the rates of payment for the treatment and care of injured employees

download pdf

Sponsor

Bill Status


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

actions

  • 12 / Apr / 2011
    • REFERRED TO LABOR
  • 27 / Apr / 2011
    • AMEND (T) AND RECOMMIT TO LABOR
  • 27 / Apr / 2011
    • PRINT NUMBER 4559A
  • 03 / May / 2011
    • REPORTED AND COMMITTED TO RULES
  • 11 / May / 2011
    • AMEND AND RECOMMIT TO RULES
  • 11 / May / 2011
    • PRINT NUMBER 4559B
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1156
  • 20 / Jun / 2011
    • SUBSTITUTED BY A6686B

Summary

Relates to the rates of payment for the treatment and care of injured employees.

do you support this bill?

Bill Details

Versions:
S4559
S4559A
S4559B
Legislative Cycle:
2011-2012
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง13, Work Comp L

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S4559A

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to the rates of
payment for the treatment and care of injured employees; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE OF BILL:
The bill would provide for the continuation of reimbursement for
certain medical treatments under the workers compensation system in
the event the federal government changes the codes associated with
such treatments.

SUMMARY OF PROVISIONS:
The bill would provide for the continuation of reimbursement to
medical providers for certain kinds of medical care in the event that
the federal government changes the codes for those medical
treatments. The codes are in statute and would become moot if
re-coded at the federal level.
The bill would provide for continued use of the current codes until
promulgation of the new codes. Reimbursement would then be linked to
those new codes.

JUSTIFICATION:
Back injuries are a common problem for injured employees seeking
benefits from the Workers' Compensation program. For many diagnoses,
spinal fusion surgery is the recommended treatment for such
individuals and results in superior outcomes than other treatments.
In most cases, the use of spinal implants is the preferable method of
performing fusion surgery and has become the medical standard of
care. From a financial standpoint, however, performing fusion surgery
with implants involves a higher surgical cost, that cost is more than
recouped in saving derived from a shorter hospital stay, more
effective rehabilitation and better results. The ability of the
patient to return to work sooner presents additional savings for
employers and insurers with a Workers' Compensation injury or
disability.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                 4559--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  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 rates
  of payment for the  treatment  and  care  of  injured  employees;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1.  Section 13 of the workers' compensation law is amended  by
adding a new subdivision (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED SEVEN AND SUBDIVISION ONE OF  SECTION  TWENTY-EIGHT
HUNDRED  SEVEN-C OF THE PUBLIC HEALTH LAW, PAYMENTS TO GENERAL HOSPITALS
FOR AP-DRGS 755-758 (SPINAL FUSION; BACK AND NECK  PROCEDURES),  806-807
(COMBINED ANTERIOR AND POSTERIOR SPINAL FUSIONS), 836-837 (SPINAL PROCE-
DURES), AND 864-865 (CERVICAL SPINAL FUSION) FROM APRIL FIRST, TWO THOU-
SAND  SIX THROUGH NOVEMBER THIRTIETH, TWO THOUSAND NINE AND FOR APR-DRGS
23 (SPINAL PROCEDURES), 303 (DORSAL AND  LUMBAR  FUSION  PROCEDURES  FOR
CURVATURE  OF BACK), 304 (DORSAL AND LUMBAR FUSION PROCEDURES EXCEPT FOR
CURVATURE  OF  BACK),  310  (INTERVERTEBRAL  DISC  EXCISION  AND  DECOM-
PRESSION),  AND  321  (CERVICAL SPINAL FUSION AND OTHER BACK/NECK PROCE-
DURES EXCLUDING DISC  EXCISION/DECOMPRESSION)  BEGINNING  ON  AND  AFTER
DECEMBER  FIRST,  TWO  THOUSAND  NINE  SHALL  BE AT THE RATES OF PAYMENT
DETERMINED PURSUANT TO  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-C  OF  THE
PUBLIC HEALTH LAW FOR STATE GOVERNMENTAL AGENCIES, EXCLUDING ADJUSTMENTS
PURSUANT  TO SUBDIVISION FOURTEEN-F OF SUCH SECTION TWENTY-EIGHT HUNDRED
SEVEN-C, PLUS THE PROVIDER'S DOCUMENTED COST FOR ANY  IMPLANTABLE  HARD-
WARE,    INSTRUMENTATION,   AND   OTHER   SURGICALLY-NECESSARY   BINDING
AGENTS/MATERIALS WHICH SHOULD BE RECORDED UNDER REVENUE CODE 278 ON  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09984-05-1

S. 4559--A                          2

CLAIM,  PLUS  AN  ADDITIONAL  TEN PERCENT OF SUCH DOCUMENTED COST NOT TO
EXCEED A MAXIMUM OF THREE HUNDRED FIFTY DOLLARS.
  S  2.  This  act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2006, and shall
expire on April 1, 2012 when upon such date the provisions of  this  act
shall be deemed repealed.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.