S T A T E   O F   N E W   Y O R K
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                                  11599

                          I N  A S S E M B L Y

                              June 30, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  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. Subdivision 2 of section 13-k of the workers' compensation
law, as amended by chapter 473 of the laws of 2000, is amended  to  read
as follows:
  2.  An  employee  injured  under  circumstances which make such injury
compensable under this article, when care is required for an  injury  to
the  foot  which injury or resultant condition therefrom may lawfully be
treated by a duly registered and licensed podiatrist of the state of New
York, may select to treat him or her any podiatrist  authorized  by  the
chair to render podiatry care, as hereinafter provided. If the injury or
condition is one which is without the limits prescribed by the education
law  for  podiatry  care  and treatment, or the injuries involved affect
other parts of the body in addition to the  foot,  the  said  podiatrist
must  so  advise  the  said  injured employee and instruct him or her to
consult a physician of said employee's choice for appropriate  care  and
treatment.  Such physician shall thenceforth have overall supervision of
the treatment of said patient  including  the  future  treatment  to  be
administered  to the patient by the podiatrist. If for any reason during
the period when podiatry treatment and care is  required,  the  employee
wishes  to  transfer his or her treatment and care to another authorized
podiatrist he or she may do so, in accordance with rules  prescribed  by
the  chair,  provided  however that the employer shall be liable for the
proper fees of the original podiatrist for the care and treatment he  or
she  shall  have rendered. A podiatrist licensed and registered to prac-
tice podiatry in the state of New York who is desirous of being  author-
ized  to render podiatry care under this section and/or to conduct inde-
pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
subdivision three of this section shall file an application for authori-
zation under this section with the podiatry practice committee.  In such

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

                                                           LBD17872-01-0

A. 11599                            2

application  he or she shall agree to refrain from subsequently treating
for remuneration, as a private  patient,  any  person  seeking  podiatry
treatment,  or  submitting  to  an  independent  medical examination, 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  podiatrists
authorized  to  render  podiatry  care or to conduct independent medical
examinations under this chapter, or if the person seeking such treatment
has been transferred from  his  or  her  care  in  accordance  with  the
provisions  of  this section. This agreement shall run to the benefit of
the injured person so treated or examined, and shall be available to him
or her as a defense in any action by such  podiatrist  for  payment  for
treatment rendered by a podiatrist after he or she has been removed from
the list of podiatrists authorized to render podiatry care or to conduct
independent  medical  examinations  under  this  section,  or  after the
injured person was transferred from his or her care in  accordance  with
the  provisions  of  this section. The podiatry practice committee if it
deems such licensed podiatrist duly qualified  shall  recommend  to  the
chair  that such podiatrist be authorized to render podiatry care and/or
to conduct independent medical examinations  under  this  section.  Such
recommendation  shall  be  advisory  to  the chair only and shall not be
binding or conclusive upon him or her. 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 podiatry treatment and care, to be determined in
accordance with and to be subject to change pursuant to rules promulgat-
ed by the chair. Before preparing such schedule for the state or  sched-
ules  for  limited localities the chair shall request the podiatry prac-
tice committee to submit to him  or  her  a  report  on  the  amount  of
remuneration  deemed  by  such committee to be fair and adequate for the
types of podiatry care to be rendered under this chapter, but  consider-
ation  shall  be  given  to  the view 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.
  S 2. Subdivision 2 of section 13-1 of the workers'  compensation  law,
as  amended  by  chapter  473 of the laws of 2000, is amended to read as
follows:
  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this  article,  when  care is required for an injury
which consists solely of a condition which may lawfully be treated by  a
chiropractor  as  defined in section sixty-five hundred fifty-one of the
education law may select to treat him or her, any  duly  registered  and
licensed  chiropractor of the state of New York, authorized by the chair
to render chiropractic care as hereinafter provided. If  the  injury  or
condition is one which is outside the limits prescribed by the education
law  for  chiropractic care and treatment, the said chiropractor must so
advise the said injured employee and instruct him or her  to  consult  a
physician  of said employee's choice for appropriate care and treatment.
Such physician shall thenceforth have supervision of  the  treatment  of
said  condition including the future treatment to be administered to the
patient by the chiropractor. A chiropractor licensed and  registered  to
practice chiropractic in the state of New York, who is desirous of being
authorized  to  render  chiropractic  care  under this section and/or to
conduct independent medical examinations in  accordance  with  paragraph
(b)  of  subdivision three of this section shall file an application for
authorization under this section with the chiropractic practice  commit-
tee.  In  such  application he or she shall agree to refrain from subse-

A. 11599                            3

quently treating for remuneration, as  a  private  patient,  any  person
seeking  chiropractic treatment, or submitting to an independent medical
examination, in connection with, or as a result of, any injury compensa-
ble  under  this chapter, if he or she has been removed from the list of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent medical examinations under this chapter, or if the person  seek-
ing  such treatment has been transferred from his or her care in accord-
ance with the provisions of this section. This agreement  shall  run  to
the  benefit of the injured person so treated, or examined, and shall be
available to him or her as a defense in any action by such  chiropractor
for  payment rendered by a chiropractor after he or she has been removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the injured person was transferred from his or her  care  in  accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the  chair that such be authorized to render chiropractic care and/or to
conduct independent medical examinations under this section. Such recom-
mendations shall be advisory to the chair only and shall not be  binding
or  conclusive  upon  him  or  her.  The chair, IN CONSULTATION WITH THE
BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and establish a sche-
dule for the state, or schedules limited to defined localities of charg-
es and fees for chiropractic treatment and care,  to  be  determined  in
accordance with and to be subject to change pursuant to rules promulgat-
ed by the chair.  Before preparing such schedule for the state or sched-
ules  for  limited  localities  the chair shall request the chiropractic
practice committee to submit to him or her a report  on  the  amount  of
remuneration  deemed  by  such committee to be fair and adequate for the
types of chiropractic care  to  be  rendered  under  this  chapter,  but
consideration  shall  be  given to the view 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.
  S  3.  Subdivision 3 of section 13-m of the workers' compensation law,
as amended by chapter 473 of the laws of 2000, is  amended  to  read  as
follows:
  3.  A  psychologist, licensed and registered to practice psychology in
the state of New York, who is desirous of  being  authorized  to  render
psychological  care  under  this  section  and/or to conduct independent
medical examinations in accordance with  paragraph  (b)  of  subdivision
four  of  this section shall file an application for authorization under
this section with the psychology practice committee. The applicant shall
agree to refrain from  subsequently  treating  for  remuneration,  as  a
private  patient, any person seeking psychological treatment, or submit-
ting to an independent medical examination, 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 psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any action by such psychologist for payment for  treatment  rendered  by
such  psychologist  after  being  removed from the list of psychologists
authorized to  render  psychological  care  or  to  conduct  independent
medical examinations under this section. The psychology practice commit-
tee  if  it deems such licensed psychologist duly qualified shall recom-
mend to the chair that such person be authorized to render psychological
care and/or to  conduct  independent  medical  examinations  under  this
section.  Such  recommendations  shall be only advisory to the chair and

A. 11599                            4

shall not be binding or conclusive. The chair, IN CONSULTATION WITH  THE
BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and establish a sche-
dule for the state or schedules limited to defined localities of charges
and  fees  for  psychological  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  psychology  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
psychological care to be rendered under this chapter, but  consideration
shall  be  given  to  the  view 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.
  S  4.  Notwithstanding  the provisions of section one, two or three of
this act or of any other law, rule or  regulation  to  the  contrary,  a
revision  to  the  fee  schedules established pursuant to sections 13-k,
13-l and 13-m of the workers' compensation law existing as of the effec-
tive 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 in the event the chair  of  the
workers' compensation board had not published revised schedules pursuant
to a chapter of the laws of 2010, amending the workers' compensation law
relating to the establishment of rates of payment and delivery of health
care services, as proposed in legislative bills numbers S. 4631-A and A.
4302-A.  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 5. This act shall take effect immediately.