S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. GRISANTI -- 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 chronic
care for injured workers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The workers' compensation law is amended by adding a new
section 138 to read as follows:
S 138. CHRONIC CARE. 1. FOR INJURED WORKERS WHOSE INJURIES ARE DEEMED
LONG TERM OR PERMANENT BY THE BOARD, WHERE NO FUNDAMENTAL CHANGE IS
REASONABLY ANTICIPATED BY CONTINUED CARE IN ANY SPECIALTY, AND ALL
TREATMENT OPTIONS HAVE BEEN EXHAUSTED, THE BOARD MAY APPROVE A MONTHLY
DOLLAR ALLOWANCE OR TREATMENT FREQUENCY FOR THE INJURED WORKER TO
CONTINUE TO TREAT WITHIN THE SPECIALTY OF HIS OR HER CHOICE FOR THE
PURPOSE OF PAIN MANAGEMENT AND/OR SUSTAINING FUNCTIONAL CAPACITY.
2. IF AN INJURED WORKER CHOOSES TO EXCEED THE LEVEL OF TREATMENT
RECOMMENDED BY THE BOARD, THE INJURED WORKER SHALL HAVE THE OPTION OF
SIGNING A WAIVER AND PAYING THE PROVIDER PRIVATELY FOR THE AMOUNT THAT
EXCEEDS THE RECOMMENDATION OF THE BOARD.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.