S T A T E O F N E W Y O R K
________________________________________________________________________
3237
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. CHRISTENSEN -- Multi-Sponsored by -- M. of A.
DelMONTE, HOOPER, SWEENEY -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to quicker
authorization of special services for medical treatment
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]
FIFTEEN HUNDRED 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 unrea-
sonably 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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05499-02-9