Assembly Bill A4302

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

                                 4302--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  CANESTRARI,  CYMBROWITZ,  WEISENBERG, PERRY,
  CASTRO, GABRYSZAK, SCHROEDER, CAMARA, JAFFEE, LIFTON,  KOON,  BRODSKY,
  SCHIMEL,  BENEDETTO,  FIELDS, COLTON -- Multi-Sponsored by -- M. of A.
  BARRA, BENJAMIN, DESTITO, ERRIGO,  HEVESI,  LATIMER,  LAVINE,  LENTOL,
  LUPARDO, MARKEY, McDONOUGH, McENENY, PAULIN, PHEFFER, SWEENEY, TITONE,
  WEINSTEIN,  ZEBROWSKI  --  read  once and referred to the Committee on
  Labor -- recommitted to the Committee  on  Labor  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the workers' compensation law, in relation to the estab-
  lishment of rates of payment and delivery of health care services

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

  Section 1. The closing paragraph of 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:
  The chair, IN CONSULTATION WITH THE BOARD'S  MEDICAL  DIRECTOR,  shall
BIENNIALLY  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, optome-
tric or other attendance or treatment, nurse and hospital service, medi-
cine,  optometric  services, crutches, eye-glasses, false teeth, artifi-
cial 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02665-06-0
              

A. 4302--A                          2

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]  THE NEW YORK PHYSICAL THERAPY ASSOCIATION 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 hospital 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 association 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 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 or occu-
pational therapist rendering their respective physical  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 article. 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.  Notwithstanding the provisions of section one of this act or of
any other law, rule or regulation to the contrary, a revision to the fee
schedules established pursuant to section 13  of  the  workers'  compen-
sation  law  existing  as  of  the  effective  date of this act shall be
published by the chair of the workers' compensation board on  behalf  of
such  board  no  later  than thirty days following the effective date of
this act. Subsequent biennial schedules shall be published in final form
on January fifteenth every other year. Nothing  in  this  section  shall
limit  the  authority of the chair of the workers' compensation board to
make adjustments in the fee schedule other than at the biennial publica-
tion.
  S 3. This act shall take effect immediately.