senate Bill S2360

Amended

Authorizes the care and treatment of injured employees by duly licensed social workers under the workers' compensation program

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 16 / Jan / 2013
    • REFERRED TO LABOR
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2013
    • PRINT NUMBER 2360A
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 28 / Apr / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jun / 2014
    • PRINT NUMBER 2360B
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1596
  • 19 / Jun / 2014
    • SUBSTITUTED BY A5299B

Summary

Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

do you support this bill?

Bill Details

Versions:
S2360
S2360A
S2360B
Legislative Cycle:
2013-2014
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง13-p, Work Comp L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3056
2009-2010: S3465A
2007-2008: S1623

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S2360

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by certain
licensed clinical social workers

PURPOSE: The bill authorizes the care and treatment of injured
employees by licensed clinical social workers under the workers'
compensation program. The expansion of qualified mental health
providers available to deliver permitted psychotherapeutic treatment
will afford injured workers greater access to care and more provider
options across New York State.

SUMMARY OF PROVISIONS:;

Section 1 amends the Workers' Compensation Law by adding a new section
13-P to include licensed clinical social workers as eligible providers
of treatment under the Workers' compensation program.

JUSTIFICATION: Currently, the only providers under the Workers'
Compensation Law that may deliver mental health services to injured
workers are physicians and licensed psychologists.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in
the New York County Supreme Court of the State of New York issued a
decision, clarifying that licensed clinical social workers, and
licensed psychologists share the equivalent scopes of practice and
professional functions.

New York State has a long history of providing health care consumers
with the freedom of choosing from a number of qualified health care
service providers. Currently, licensed clinical social workers are
eligible to receive reimbursement for the mental health services they
provide to persons covered by (1) a variety of federal government
health insurance plans, including the Federal Employees Health
Benefits Program (FEHBP), which covers 10 million federal employees,
retirees and their dependents, the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) which is now referred to as
Tricare and serves approximately 5.5 million beneficiaries, and
Medicare, which has authorized clinical social workers to provide
mental health services since 1990 and (2) essentially all managed
behavioral health plans regionally and nationally as well as all group
insurance plans in New York State.

As such, licensed clinical social workers are currently eligible
providers of mental health services to federal and state employees,
and the dependents of military personnel stationed in New York, as
well as to the many citizens of our state whose medical expenses a
recovered by managed behavioral and group health insurance plans.

This bill would grant the same access to mental health service
providers for job-related injuries under the workers' Compensation Law
that is now available for an insured individual's non job-related
injuries. Many rural and inner city areas throughout New York are
continuously struggling with a lack of accessible and qualified
providers of mental health services. This bill assists the injured


workers in the shortage areas throughout the state by affording them
the accessible healthcare option of a licensed clinical social worker.
Lastly, licensed clinical social workers have unique skills in
providing psychotherapeutic treatment within the context of the
patient's environment as well as utilizing community, family and other
social resources as an adjunct to treatment. It is this methodology
which may reduce workers' compensation costs by enhancing the process
of rehabilitating persons who suffer from work-related illnesses and
injuries, and returning them more quickly to gainful employment.

LEGISLATIVE HISTORY: 2011-2012 - S.3056 - Referred to Labor 2010 -
S.395A - Referred to Labor 2009 - S.395A - Referred to Labor 2007 -
S.1623 - Referred to Labor 2006 - S.7379 - Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  2360

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- 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  the  care
  and treatment of injured employees by certain licensed clinical social
  workers

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "injured workers assistance act".
  S  2. The workers' compensation law is amended by adding a new section
13-p to read as follows:
  S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES  BY  CERTAIN  LICENSED
CLINICAL  SOCIAL  WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL WORKER" IS
USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
AND REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO  ARTICLE
ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE  TREATED,
UPON  THE  REFERRAL  OF  AN AUTHORIZED PHYSICIAN, BY A LICENSED CLINICAL
SOCIAL WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE  PURSU-
ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
CLINICAL   SOCIAL   WORK  AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION
SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
  (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY  OPERATED  BY  LABOR  AND
MANAGEMENT  REPRESENTATIVES,  HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
REQUIRED,  UPON  THE  REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH
CARE IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED  CLINICAL
SOCIAL WORKER AS REQUIRED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06715-01-3

S. 2360                             2

  (C)  A  LICENSED  CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
TED TO THE CHAIR ON SUCH FORMS AND  AT  SUCH  TIMES  AS  THE  CHAIR  MAY
REQUIRE.
  3.  A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS  SECTION  SHALL
FILE  AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
ICAL SOCIAL WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL  AGREE  TO
REFRAIN  FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE
PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, IN CONNECTION
WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE UNDER THIS  CHAPTER,  IF
HE  OR  SHE  HAS  BEEN  REMOVED FROM THE LIST OF CLINICAL SOCIAL WORKERS
AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS  AGREEMENT  SHALL
RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
ABLE  AS  A  DEFENSE  IN  ANY  ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
PAYMENT FOR TREATMENT RENDERED BY  SUCH  CLINICAL  SOCIAL  WORKER  AFTER
BEING  REMOVED  FROM  THE  LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION.  THE  CLINICAL
SOCIAL  WORK  PRACTICE  COMMITTEE,  IF  IT  DEEMS SUCH LICENSED CLINICAL
SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO  THE  CHAIR  THAT  SUCH
PERSON  BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR  AND
SHALL  NOT  BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK TREATMENT AND CARE,  TO  BE
DETERMINED IN ACCORDANCE WITH AND 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 CLINICAL
SOCIAL WORK PRACTICE COMMITTEE TO SUBMIT TO SUCH CHAIR A REPORT  ON  THE
AMOUNT  OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
FOR THE TYPES OF CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW  OF  OTHER  INTER-
ESTED  PARTIES.  THE  AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  4.  (A) NO CLAIM FOR CLINICAL SOCIAL WORK SERVICES SHALL BE VALID  AND
ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
FORTY-EIGHT HOURS FOLLOWING THE  FIRST  TREATMENT  THE  CLINICAL  SOCIAL
WORKER  GIVING  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND
DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY  THE  CHAIR,  BOARD,
EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
APART  OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES  WITHIN
THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
TO DO SO.
  (B)  UPON  RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE  CLAIMANT  EXAM-
INED  BY A LICENSED CLINICAL SOCIAL WORKER AT A PLACE REASONABLY CONVEN-
IENT TO THE CLAIMANT AND IN THE  PRESENCE  OF  THE  CLAIMANT'S  CLINICAL
SOCIAL WORKER, AND REFUSAL BY THE CLAIMANT TO SUBMIT TO SUCH EXAMINATION
AT  SUCH  TIME OR TIMES AS MAY REASONABLY BE NECESSARY IN THE OPINION OF
THE BOARD SHALL BAR THE CLAIMANT FROM RECOVERING COMPENSATION,  FOR  ANY
PERIOD DURING WHICH HE OR SHE HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.

S. 2360                             3

  5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS
STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6. WHENEVER HIS OR HER  ATTENDANCE  AT  A  HEARING  IS  REQUIRED,  THE
LICENSED  CLINICAL  SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL BE ENTI-
TLED TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY  THE
BOARD,  IN  ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE
OF THE CIVIL PRACTICE LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE LICENSED CLINICAL  SOCIAL  WORKER  WHO  HAS  TREATED  AN
INJURED  EMPLOYEE,  SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH
CLINICAL SOCIAL WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS  AN  IMPAR-
TIAL  EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH CLINICAL
SOCIAL WORKER FOR HIS OR HER SERVICES, THE RIGHT TO  SUCH  AN  IMPARTIAL
EXAMINATION  SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY SUCH
CLINICAL SOCIAL WORKER SHALL BE DEEMED TO  BE  THE  FAIR  VALUE  OF  THE
SERVICES  RENDERED.   IF THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK
CARE RENDERED UNDER THIS CHAPTER TO A  CLAIMANT,  SUCH  VALUE  SHALL  BE
DECIDED  BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION
OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO  THE  VALUE
OF  THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH BILL
OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD  FOR
BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
THIS ARTICLE, 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.
  (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION,
THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
INTEREST  PER  MONTH  PAYABLE  TO THE LICENSED CLINICAL SOCIAL WORKER IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR  A  SUM
EQUAL  TO  FIVE  PER  CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS  GREATER.  THE
SUMS  SO  COLLECTED  SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8. WITHIN THE LIMITS PRESCRIBED BY  THE  EDUCATION  LAW  FOR  LICENSED
CLINICAL  SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
CLINICAL SOCIAL WORKER CONCERNING THE CONDITION OF AN  INJURED  EMPLOYEE
AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL  OPINION  OF  THE  LICENSED  CLINICAL  SOCIAL WORKER AS TO CAUSAL
RELATION AND AS TO REQUIRED TREATMENT  SHALL  BE  DEEMED  COMPETENT  BUT
SHALL  NOT  BE  CONTROLLING.  NOTHING IN THIS SECTION SHALL BE DEEMED TO
DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF  ANY  RIGHT  TO  A  MEDICAL
EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  9.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING CLINICAL SOCIAL  WORK  SERVICES  UNDER  THIS
SECTION,  WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES
PRESENTLY IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED  TO  CLAIM-
ANTS  IN  WORKERS'  COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF

S. 2360                             4

SUCH RULES THE CHAIR MAY  CONSULT  THE  CLINICAL  SOCIAL  WORK  PRACTICE
COMMITTEE  AND  MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
PARTIES.
  10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A  SINGLE  CLINICAL  SOCIAL  WORK  PRACTICE  COMMITTEE
COMPOSED  OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED
PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
LICENSED CLINICAL SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR  AS  A
CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
COMMITTEE  SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION
NOR BE AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM  ANY  INSUR-
ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
STATE  OR  FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR FEE RELATES
TO A WORKERS' COMPENSATION CLAIM OR  OTHERWISE.  THE  ATTORNEY  GENERAL,
UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  11.  THE  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE SHALL INVESTIGATE,
HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
THIS SECTION UNDER RULES AND PROCEDURES TO BE PRESCRIBED  BY  THE  CHAIR
AND  SHALL  REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
SION AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE  COMMITTEE
SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE  UPON  HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF LICENSED
CLINICAL SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL  WORK
SERVICES  UNDER  THIS  CHAPTER OR TO CONDUCT INDEPENDENT EXAMINATIONS IN
ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF  THIS  SECTION  THE
NAME  OF  ANY  CLINICAL  SOCIAL  WORKER  WHO  HE OR SHE SHALL FIND AFTER
REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE  SUCH  CLINICAL  SOCIAL
WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
  (B)  HAS  EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS REGARDING QUALIFICATIONS  IN  THE  APPLICATION  FOR  AUTHORI-
ZATION,
  (C)  HAS  FAILED  TO  SUBMIT TIMELY, FULL AND TRUTHFUL CLINICAL SOCIAL
WORK EVALUATION AND TREATMENT REPORTS OF ALL FINDINGS  TO  THE  EMPLOYER
AND  DIRECTLY  TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED
IN THIS SECTION,
  (D) HAS RENDERED CLINICAL SOCIAL WORKER SERVICES  UNDER  THIS  CHAPTER
FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)   HAS   SOLICITED   OR   HAS   EMPLOYED  ANOTHER  TO  SOLICIT  FOR
HIMSELF/HERSELF OR FOR ANOTHER PROFESSIONAL  TREATMENT,  EXAMINATION  OR
CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F)  HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
BOARD, CLINICAL SOCIAL WORK PRACTICE COMMITTEE OR  ANY  DULY  AUTHORIZED
OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A

S. 2360                             5

COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL
WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules and regulations necessary  to  implement
the  provisions  of  this act on its effective date are authorized to be
made on or before such effective date.

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.