Senate Bill S4631A

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

                                 4631--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced   by   Sens.  OPPENHEIMER,  ADDABBO,  DIAZ,  ESPADA,  GOLDEN,
  HASSELL-THOMPSON, PARKER, STEWART-COUSINS -- read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Labor --
  recommitted  to  the Committee on Labor in accordance with Senate Rule
  6, sec. 8 -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02665-07-0
              

S. 4631--A                          2

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.