senate Bill S1114A

Authorizes certain care and treatment to injured employees

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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

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 18 / Apr / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 18 / Apr / 2013
    • PRINT NUMBER 1114A
  • 03 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 12 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Authorizes certain care and treatment to injured employees receiving workers' compensation benefits; relates to massage therapy services.

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Bill Details

See Assembly Version of this Bill:
A6634
Versions:
S1114
S1114A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยงยง13 & 13-g, Work Comp L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4243, S6380, A5361A, A9995
2009-2010: S8287, A10323
2007-2008: A6297, S549, A6297

Votes

13
0
13
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S1114A

PURPOSE OR GENERAL IDEA OF BILL: Provides that the Chair of the
worker's compensation board can set a fee schedule for massage therapy
services for injured employees.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends section 13 of the worker's 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.

JUSTIFICATION: Although massage therapists are licensed to provide
care to patients in New York State under the provisions of Article 155
of the Education Law, 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
employee to receive reimbursement for massage therapy services.
Massage is now used in intensive care units, for children, elderly
people, babies in incubators, and patients with cancer, AIDS, heart
attacks, or strokes. Most American hospices have some kind of
body-work therapy available, and it is frequently offered in health
centers, drug treatment clinics, and pain Clinics.

An October 2003 study by the American Hospital Association (AHA), with
support from the American Massage Therapy Association shows that many
hospitals are incorporating massage therapists into their pain
management programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy
was the most prevalent CAM (complementary and alternative medicine)
offering, with 82 percent of the hospitals reporting CAM use saying
they include massage therapy. Of the hospitals with massage therapy
programs, more than 70 percent utilize massage therapy for pain
management and pain relief.

The AHA survey and the growing use of massage therapy as revealed in
annual consumer surveys suggests that hospitals and health care
organizations are positively responding to the consensus of research
and evidence highlighting the benefits of massage. Recent clinical
research on the efficacy of massage for pain management has
demonstrated that:

1. Massage therapy is more effective for chronic back pain than other
complementary therapies.

2. Massage therapy promotes relaxation and alleviates the perception
of pain and anxiety in cancer patients.

3. Massage therapy reduces post-traumatic headaches better than cold
pack treatments.


4. A pilot study conducted at Cedars-Sinai Medical Center in Los
Angeles found that massager 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 (NM) has identified the management
and treatment of pain as a significant national health issue.
According to NTH, 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 health care expenses and lost productivity) and approximately
14 percent of all employees take time off from work due to pain each
year.

PRIOR LEGISLATIVE HISTORY: 03/18/10 - Referred to Labor S6380/A9995
of 2011-12 - Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                 1114--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 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:

  Section  1. Subdivision (a) of section 13 of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, is amended to read  as
follows:
  (a)  The  employer shall promptly provide for an injured employee such
medical, dental, surgical, optometric or other attendance or  treatment,
nurse  and  hospital  service,  medicine, optometric services, crutches,
eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
devices,  functional  assistive  and  adaptive devices and apparatus for
such period as the nature of the injury or the process of  recovery  may
require. The employer shall be liable for the payment of the expenses of
medical,  dental, surgical, optometric or other attendance or treatment,
nurse and hospital service,  medicine,  optometric  services,  crutches,
eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
devices, functional assistive and adaptive  devices  and  apparatus,  as
well  as  artificial  members of the body or other devices or appliances
necessary in the first instance to replace, support or relieve a portion
or part of the body resulting from and necessitated by the injury of  an
employee,  for such period as the nature of the injury or the process of
recovery may require, and the employer shall also be liable for replace-
ments or repairs of such artificial members of the body  or  such  other
devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet-
ic  devices,  functional  assistive  and  adaptive devices or appliances

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00667-03-3

S. 1114--A                          2

necessitated by ordinary wear or loss or damage to a prosthesis, with or
without bodily injury to the employee. Damage to or loss of a prosthetic
device shall be deemed an injury  except  that  no  disability  benefits
shall  be  payable  with respect to such injury under section fifteen of
this article. Such a replacement or repair of artificial members of  the
body  or  such other devices, eye-glasses, false teeth, artificial eyes,
orthotics, prosthetic devices, functional assistive and adaptive devices
or appliances or the providing of medical treatment and care as  defined
herein  shall  not  constitute the payment of compensation under section
twenty-five-a of this article. All  fees  and  other  charges  for  such
treatment  and  services  shall be limited to such charges as prevail in
the same community for similar treatment of injured persons  of  a  like
standard of living.
  The  chair  shall  prepare  and establish a schedule for the state, or
schedules limited to defined localities, of charges and  fees  for  such
medical treatment and care, and including all medical, dental, surgical,
optometric or other attendance or treatment, nurse and hospital service,
medicine, optometric services, crutches, eye-glasses, false teeth, arti-
ficial  eyes,  orthotics,  prosthetic  devices, functional assistive and
adaptive devices and apparatus in accordance with and to be  subject  to
change pursuant to rules promulgated by the chair. Before preparing such
schedule  for  the  state  or schedules for limited localities the chair
shall request the president of the medical society of the state  of  New
York and the president of the New York state osteopathic medical society
to submit to him or her a report on the amount of remuneration deemed by
such society to be fair and adequate for the types of medical care to be
rendered  under  this  chapter,  but consideration shall be given to the
view of other interested parties. In the case of physical  therapy  fees
schedules  the chair shall request the president of a recognized profes-
sional association representing physical therapists in the state of  New
York  to  submit  to  him  or her a report on the amount of remuneration
deemed by such association to be fair and reasonable  for  the  type  of
physical therapy services rendered under this chapter, but consideration
shall  be  given  to  the  views of other interested parties.  The chair
shall also prepare and establish a schedule for the state, or  schedules
limited to defined localities, of charges and fees for outpatient hospi-
tal  services  not  covered  under  the  medical fee schedule previously
referred to in this subdivision, to be determined in accordance with and
to be subject to change pursuant to  rules  promulgated  by  the  chair.
Before  preparing  such  schedule for the state or schedules for limited
localities the chair shall request the president of the hospital associ-
ation of New York state to submit to him or her a report on  the  amount
of  remuneration  deemed by such association to be fair and adequate for
the types of hospital outpatient care to be rendered under this chapter,
but consideration shall be  given  to  the  views  of  other  interested
parties.  In  the  case of occupational therapy fees schedules the chair
shall request the president of  a  recognized  professional  association
representing  occupational therapists in the state of New York to submit
to him or her a report on the amount  of  remuneration  deemed  by  such
association to be fair and reasonable for the type of occupational ther-
apy  services  rendered  under  this chapter, but consideration shall be
given to the views of other interested parties. IN THE CASE  OF  MASSAGE
THERAPY  FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A RECOG-
NIZED PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE  THERAPISTS
IN  THE STATE OF NEW YORK TO SUBMIT TO HIM OR HER A REPORT ON THE AMOUNT
OF REMUNERATION DEEMED BY SUCH ASSOCIATION TO BE FAIR AND REASONABLE FOR

S. 1114--A                          3

THE TYPE OF OCCUPATIONAL THERAPY SERVICES RENDERED UNDER  THIS  CHAPTER,
BUT  CONSIDERATION  SHALL  BE  GIVEN  TO  THE  VIEWS OF OTHER INTERESTED
PARTIES. The amounts payable by the  employer  for  such  treatment  and
services  shall  be  the  fees and charges established by such schedule.
Nothing in this schedule, however, shall prevent  voluntary  payment  of
amounts  higher or lower than the fees and charges fixed therein, but no
physician rendering medical treatment or care, and no physical, LICENSED
MASSAGE or occupational therapist rendering their  respective  physical,
MASSAGE  or  occupational  therapy  services  may receive payment in any
higher amount unless such increased amount has been  authorized  by  the
employer, or by decision as provided in section thirteen-g of this arti-
cle.  Nothing  in  this  section  shall  be  construed as preventing the
employment of a duly authorized  physician  on  a  salary  basis  by  an
authorized compensation medical bureau or laboratory.
  S  2.  Subdivision 1 of section 13-g of the workers' compensation law,
as amended by chapter 674 of the laws of 1994, is  amended  to  read  as
follows:
  (1)  Within  forty-five  days  after  a  bill has been rendered to the
employer by the hospital, physician or self-employed physical,  LICENSED
MASSAGE or occupational therapist who has rendered treatment pursuant to
a  referral  from the injured employee's authorized physician or author-
ized podiatrist for treatment to the  injured  employee,  such  employer
must  pay  the  bill  or notify the hospital, physician or self-employed
physical, LICENSED MASSAGE or occupational therapist in writing that the
bill is not being paid and explain the reasons for non-payment.  In  the
event  that  the  employer fails to make payment or notify the hospital,
physician or self-employed physical, LICENSED  MASSAGE  or  occupational
therapist  within  such  forty-five day period that payment is not being
made, the  hospital,  physician,  self-employed  physical  therapist  OR
SELF-EMPLOYED  LICENSED  MASSAGE THERAPIST or self-employed occupational
therapist may notify the chair in writing that the  bill  has  not  been
paid  and request that the board make an award for payment of such bill.
The board or the chair may make an award not in  excess  of  the  estab-
lished  fee  schedules  for  any such bill or part thereof which remains
unpaid after said forty-five day period or thirty days after  all  other
questions  duly  and  timely raised in accordance with the provisions of
this chapter, relating to the employer's liability for  the  payment  of
such amount, shall have been finally determined adversely to the employ-
er,  whichever  is  later,  in  accordance with rules promulgated by the
chair, and such award may be collected in like manner  as  an  award  of
compensation.  The  chair  shall assess the sum of fifty dollars against
the employer for each such award made by the board, which sum  shall  be
paid into the state treasury.
  In  the event that the employer has provided an explanation in writing
why the bill has not been paid, in part or in full, within the aforesaid
time period, and the parties can not agree as to the  value  of  medical
aid  rendered  under  this chapter, such value shall be decided by arbi-
tration if requested by the hospital, physician or  self-employed  phys-
ical, LICENSED MASSAGE or occupational therapist, in accordance with the
provisions  of  subdivision two or subdivision three of this section, as
appropriate, and rules and regulations promulgated by the chair.
  Where a physician, physical, LICENSED MASSAGE or  occupational  thera-
pist bill has been determined to be due and owing in accordance with the
provisions  of this section the board shall include in the amount of the
award interest of not more than one and one-half per cent (1  1/2%)  per
month  payable  to  the physician, physical, LICENSED MASSAGE or occupa-

S. 1114--A                          4

tional therapist, in accordance with the rules and  regulations  promul-
gated  by  the  board. Interest shall be calculated from the forty-fifth
day after the bill was rendered or from  the  thirtieth  day  after  all
other questions duly and timely raised in accordance with the provisions
of this chapter, relating to the employer's liability for the payment of
such amount, shall have been finally determined adversely to the employ-
er,  whichever  is  later,  in  accordance with rules promulgated by the
chair.
  S 3. This act shall take effect immediately.

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