S T A T E O F N E W Y O R K
________________________________________________________________________
11152
I N A S S E M B L Y
May 20, 2010
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
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
ANNUALLY 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17405-01-0
A. 11152 2
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. A revision to the schedules existing as of the effective date of
this act shall be published by the chair on behalf of the workers'
compensation board no later than thirty days following the effective
date of this act. Subsequent annual schedules shall be published in
final form on July first of each year. Nothing in this section shall
limit the authority of the chair to make adjustments in the fee schedule
other than at the annual publication.
S 3. This act shall take effect immediately.