Senate Bill S2364

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

                                  2364

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. ONORATO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to permitting
  any medical provider authorized by the workers' compensation board  to
  treat injured workers

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

  Section 1. Subdivision 7 of section 13-a of the workers'  compensation
law,  as  added  by chapter 6 of the laws of 2007, is amended to read as
follows:
  (7)(a) Notwithstanding any other provision  of  this  chapter  to  the
contrary,  any  insurance carrier authorized to transact the business of
workers' compensation insurance in this state, self-insurer or the state
insurance fund may contract with a  network  or  networks,  legally  and
properly  organized,  to  perform  diagnostic tests, x-ray examinations,
magnetic resonance imaging, or other radiological examinations or  tests
of claimants and may require claimant to obtain or undergo such diagnos-
tic test, x-ray examinations, magnetic resonance imaging or other radio-
logical  examinations  or tests with a provider or at a facility that is
affiliated  with  the  network  or  networks  with  which  the   carrier
contracts,  except  if a medical emergency occurs requiring an immediate
diagnostic test, x-ray examination, magnetic resonance imaging or  other
radiological examination or test or if the network with which the insur-
ance  carrier,  self-insurer  or the state insurance fund contracts does
not have a provider or facility able to perform the examination or  test
within  a  reasonable distance from the claimant's residence or place of
employment, as defined by regulation of the board.
  (b) ANY MEDICAL PROVIDER AUTHORIZED BY THE WORKERS' COMPENSATION BOARD
TO TREAT INJURED WORKERS IS PERMITTED  TO  PERFORM  DIAGNOSTIC  TESTING,
X-RAY  EXAMINATIONS,  MAGNETIC  RESONANCE IMAGING, OR OTHER RADIOLOGICAL
EXAMINATIONS OR TESTS UNDER ALL CIRCUMSTANCES, PROVIDED,  HOWEVER,  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09584-01-9
              

S. 2364                             2

PROVIDER  ACCEPTS  THE  DESIGNATED INSURANCE CARRIER'S PUBLISHED FEE FOR
SUCH SERVICES. IF AN INSURANCE CARRIER'S FEE SCHEDULE IS  NOT  PUBLISHED
AND  SUBMITTED  TO  THE  CHAIR  OF  THE WORKERS' COMPENSATION BOARD, THE
PREVAILING FEE SCHEDULE SHALL APPLY.
  (C)  Any  insurance  carrier, self-insurer or the state insurance fund
which requires claimants to obtain or undergo  diagnostic  tests,  x-ray
examinations,  magnetic resonance imaging or other radiological examina-
tions or tests with a provider  or  at  a  facility  affiliated  with  a
network or networks with which it contracts, must notify the claimant of
the name and contact information for the network or networks at the same
time  the  written  statement  of  the  claimant's rights as required by
subdivision two of section one hundred ten of this chapter or immediate-
ly after imposing such requirement if the time period within  which  the
written  statement  of  the claimant's rights as required by subdivision
two of section one hundred ten of this chapter has expired.
  [(c)] (D) At the time a request for authorization for special diagnos-
tic tests, x-ray examinations, magnetic resonance imaging or other radi-
ological examinations or tests costing more than one thousand dollars as
required by subdivision five of this section is approved, the  insurance
carrier,  self-insurer  or  state insurance fund, or if so delegated the
network with which the insurance carrier, self-insurer or  state  insur-
ance fund has contracted, shall notify the physician requesting authori-
zation  of  the  requirement  that  the  claimant  obtain or undergo the
special diagnostic test, x-ray examination, magnetic  resonance  imaging
or other radiological examination or test with a provider or at a facil-
ity   affiliated  with  the  network  or  networks  with  which  it  has
contracted, the contact information for the network and a  list  of  the
providers  and  facilities within the claimant's geographic location, as
defined by regulation of the board. The claimant, in  consultation  with
the  provider  who requested the special diagnostic test, x-ray examina-
tion, magnetic resonance imaging or other  radiological  test  or  exam,
will  determine  the  provider or facility from within the network which
will perform such diagnostic test, x-ray examination, magnetic resonance
imaging or other radiological examination or test.
  [(d)] (E) The results of the special diagnostic test,  x-ray  examina-
tion, magnetic resonance imaging or other radiological test or exam must
be sent to the physician who requested the test or exam immediately upon
completion of the report detailing the results.
  S 2.  This act shall take effect immediately.