Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to labor |
Jun 24, 2011 |
recommitted to rules restored to third reading substitution reconsidered |
Jun 21, 2011 |
substituted by a6294 ordered to third reading cal.1461 committee discharged and committed to rules |
May 03, 2011 |
reported and committed to finance |
Mar 02, 2011 |
referred to labor |
Senate Bill S3741
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) 15th Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2011-S3741 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6294
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §13-a, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A5950
2015-2016: A3556
2011-S3741 (ACTIVE) - 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
2011-S3741 (ACTIVE) - Bill Text download pdf
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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