NY State Senate Bill 2009-S8287

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2010	referred to rules

2009-S8287 (ACTIVE) - Details

See Assembly Version of this Bill:: A10323
Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§13 & 13-g, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4243, A5361, A9995
2013-2014: A6634
2015-2016: A4087

2009-S8287 (ACTIVE) - Summary

Authorizes certain care and treatment to injured employees receiving workers' compensation benefits; relates to massage therapy services.

2009-S8287 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8287

TITLE OF BILL:
An act to amend the workers' compensation law, in relation to
authorizing certain care and treatment to injured employees

PURPOSE OR GENERAL IDEA OF BILL:
Provides that the Chair of the worker's compensation board can set a
fee schedule for massage therapy services for injured employees

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends section 13 of the worker's compensation law to allow
the chair of the workers' compensation board to set the fee schedule
for massage therapy services provided to injured employees upon
referral by the injured employee's physician.

Section 2 amends section 13-g of the workers' compensation law to
allow for the payment of bills for massage therapy services under the
workers' compensation law.

JUSTIFICATION:
Although massage therapists are licensed to provide care to patients
in New York State under the provisions of Article 155 of the Education
Law, injured employees can only be reimbursed for massage therapy
services on an ad-hoc basis with some workers' compensation carriers
allowing it and others denying it.

This bill would establish a fee schedule for massage therapy in the
same manner as physical and occupational therapy and allow an injured
employee to receive reimbursement for massage therapy services.
Massage is now used in intensive care units, for children, elderly
people, babies in incubators, and patients with cancer, AIDS, heart
attacks, or strokes. Most American hospices have some kind of
body-work therapy available, and it is frequently offered in health
centers, drug treatment clinics, and pain Clinics.

An October 2003 study by the American Hospital Association (AHA), with
support from the American Massage Therapy Association (ANITA), shows
that many hospitals are incorporating massage therapists into their
pain management programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy
was the most prevalent CAM (complementary and alternative medicine)
offering, with 82 percent of the hospitals reporting CAM use saying
they include massage therapy. Of the hospitals with massage therapy
programs, more than 70 percent utilize massage therapy for pain
management and pain relief.

The AHA survey and the growing use of massage therapy as revealed in
annual consumer surveys suggests that hospitals and health care
organizations are positively responding to the consensus of research
and evidence highlighting the benefits of massage. Recent clinical
research on the efficacy of massage for pain management has
demonstrated that:


1 Massage therapy is more effective for chronic back pain than other
complementary therapies.

2 Massage therapy promotes relaxation and alleviates the perception of
pain and anxiety in cancer patients.

3 Massage therapy reduces post-traumatic headaches better than cold
pack treatments.

4 A pilot study conducted at Cedars-Sinai Medical Center in Los
Angeles found that massage, as part of hospital-based surgery
treatment, reduces pain and muscle spasms in patients who have
undergone heart bypass surgery.

5 Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NM) has identified the management
and treatment of pain as a significant national health issue.
According to NTH, pain is the most common reason people seek medical
care and that more than one-third of all Americans will suffer from
chronic pain at some point in their lives. Chronic pain accounts for
more than $100 billion in annual losses to American businesses
(through health care expenses and lost productivity) and approximately
14 percent of all employees take time off from work due to pain each
year.

PRIOR LEGISLATIVE HISTORY:
01/09/09 Referred to Labor
05/20/08 Held for Consideration in Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2009-S8287 (ACTIVE) - Bill Text download pdf

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

                                  8287

                            I N  S E N A T E

                              June 21, 2010
                               ___________

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

AN ACT to amend the workers' compensation law, in relation to  authoriz-
  ing certain care and treatment to injured employees

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

  Section 1. 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:
  (a) The employer shall promptly provide for an injured  employee  such
medical,  dental, surgical, optometric or other attendance or treatment,
nurse and hospital service,  medicine,  optometric  services,  crutches,
eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
devices, functional assistive and adaptive  devices  and  apparatus  for
such  period  as the nature of the injury or the process of recovery may
require. The employer shall be liable for the payment of the expenses of
medical, dental, surgical, optometric or other attendance or  treatment,
nurse  and  hospital  service,  medicine, optometric services, crutches,
eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
devices,  functional  assistive  and  adaptive devices and apparatus, as
well as artificial members of the body or other  devices  or  appliances
necessary in the first instance to replace, support or relieve a portion
or  part of the body resulting from and necessitated by the injury of an
employee, for such period as the nature of the injury or the process  of
recovery may require, and the employer shall also be liable for replace-
ments  or  repairs  of such artificial members of the body or such other
devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet-
ic devices, functional assistive  and  adaptive  devices  or  appliances
necessitated by ordinary wear or loss or damage to a prosthesis, with or
without bodily injury to the employee. Damage to or loss of a prosthetic
device  shall  be  deemed  an  injury except that no disability benefits
shall be payable with respect to such injury under  section  fifteen  of
this  article. Such a replacement or repair of artificial members of the
body or such other devices, eye-glasses, false teeth,  artificial  eyes,

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

                                                           LBD16366-01-0

S. 8287                             2

orthotics, prosthetic devices, functional assistive and adaptive devices
or  appliances or the providing of medical treatment and care as defined
herein shall not constitute the payment of  compensation  under  section
twenty-five-a  of  this  article.  All  fees  and other charges for such
treatment and services shall be limited to such charges  as  prevail  in
the  same  community  for similar treatment of injured persons of a like
standard of living.
  The chair shall 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,
optometric or other attendance or treatment, nurse and hospital service,
medicine, optometric services, crutches, eye-glasses, false teeth, arti-
ficial 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 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 hospi-
tal 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 associ-
ation  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 ther-
apy services rendered under this chapter,  but  consideration  shall  be
given  to  the views of other interested parties. IN THE CASE OF MASSAGE
THERAPY FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A  RECOG-
NIZED  PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE 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

S. 8287                             3

physician rendering medical treatment or care, and no physical, LICENSED
MASSAGE  or  occupational therapist rendering their respective physical,
MASSAGE 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 arti-
cle. 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. Subdivisions 1 and 2 of section 13-g of the workers' compensation
law, subdivision 1 as amended by chapter 674 of the  laws  of  1994  and
subdivision 2 as amended by chapter 649 of the laws of 1985, are amended
to read as follows:
  (1)  Within  forty-five  days  after  a  bill has been rendered to the
employer by the hospital, physician or self-employed physical,  LICENSED
MASSAGE or occupational therapist who has rendered treatment pursuant to
a  referral  from the injured employee's authorized physician or author-
ized podiatrist for treatment to the  injured  employee,  such  employer
must  pay  the  bill  or notify the hospital, physician or self-employed
physical, LICENSED MASSAGE or occupational therapist in writing that the
bill is not being paid and explain the reasons for non-payment.  In  the
event  that  the  employer fails to make payment or notify the hospital,
physician or self-employed physical, LICENSED  MASSAGE  or  occupational
therapist  within  such  forty-five day period that payment is not being
made, the  hospital,  physician,  self-employed  physical  therapist  OR
SELF-EMPLOYED  LICENSED  MASSAGE THERAPIST or self-employed occupational
therapist may notify the chair in writing that the  bill  has  not  been
paid  and request that the board make an award for payment of such bill.
The board or the chair may make an award not in  excess  of  the  estab-
lished  fee  schedules  for  any such bill or part thereof which remains
unpaid after said forty-five day period or thirty days after  all  other
questions  duly  and  timely raised in accordance with the provisions of
this chapter, relating to the employer's liability for  the  payment  of
such amount, shall have been finally determined adversely to the employ-
er,  whichever  is  later,  in  accordance with rules promulgated by the
chair, and such award may be collected in like manner  as  an  award  of
compensation.  The  chair  shall assess the sum of fifty dollars against
the employer for each such award made by the board, which sum  shall  be
paid into the state treasury.
  In  the event that the employer has provided an explanation in writing
why the bill has not been paid, in part or in full, within the aforesaid
time period, and the parties can not agree as to the  value  of  medical
aid  rendered  under  this chapter, such value shall be decided by arbi-
tration if requested by the hospital, physician or  self-employed  phys-
ical, LICENSED MASSAGE or occupational therapist, in accordance with the
provisions  of  subdivision two or subdivision three of this section, as
appropriate, and rules and regulations promulgated by the chair.
  Where a physician, physical, LICENSED MASSAGE or  occupational  thera-
pist bill has been determined to be due and owing in accordance with the
provisions  of this section the board shall include in the amount of the
award interest of not more than one and one-half per cent (1  1/2%)  per
month  payable  to  the physician, physical, LICENSED MASSAGE or occupa-
tional therapist, in accordance with the rules and  regulations  promul-
gated  by  the  board. Interest shall be calculated from the forty-fifth
day after the bill was rendered or from  the  thirtieth  day  after  all
other questions duly and timely raised in accordance with the provisions
of this chapter, relating to the employer's liability for the payment of

S. 8287                             4

such amount, shall have been finally determined adversely to the employ-
er,  whichever  is  later,  in  accordance with rules promulgated by the
chair.
  (2)  If  the  parties  fail  to  agree  as to the value of medical aid
rendered under this chapter, such value shall be  decided  by  an  arbi-
tration  committee  consisting of one physician designated by the presi-
dent of the medical society of the county in which the medical  services
were  rendered,  one physician who is a member of the medical society of
the state of New York, appointed by the employer  or  carrier,  and  one
physician,  also  a  member  of  the medical society of the state of New
York, appointed by the [chairman] CHAIR  of  the  workers'  compensation
board.  The  majority decision of any such committee shall be conclusive
upon the parties as to the value of the services rendered. If the physi-
cian whose charges are being arbitrated is a member in good standing  of
the  New  York  osteopathic society or the New York homeopathic society,
the members of such arbitration committee shall be  physicians  of  such
organization, one to be appointed by the president of that organization,
one  by the employer or carrier and the third by the [chairman] CHAIR of
the workers' compensation board. Where the  value  of  physical  therapy
services is at issue the arbitration committee shall consist of a member
in  good  standing of a recognized professional association representing
physical therapists in the state of New York appointed by the  president
of  such organization, a physician designated by the employer or carrier
and a physician designated by  the  [chairman]  CHAIR  of  the  workers'
compensation  board  provided  however,  that the [chairman] CHAIR finds
that there are a sufficient number of physical therapy arbitrations in a
geographical area comprised of one or more counties to warrant a commit-
tee so comprised. In all other cases where the value of physical therapy
services is at issue,  the  arbitration  committee  shall  be  similarly
selected and identical in composition, provided that the physical thera-
pist  member shall serve without remuneration, and provided further that
in the event a physical therapist is not available, the committee  shall
be  comprised  of  three  physicians designated in the same manner as in
cases where the value of medical aid is at issue.   WHERE THE  VALUE  OF
MASSAGE  THERAPY  SERVICES  IS  AT ISSUE THE ARBITRATION COMMITTEE SHALL
CONSIST OF A MEMBER IN GOOD STANDING OF A RECOGNIZED PROFESSIONAL  ASSO-
CIATION  REPRESENTING  LICENSED  MASSAGE  THERAPISTS IN THE STATE OF NEW
YORK APPOINTED BY THE PRESIDENT OF SUCH ORGANIZATION, A PHYSICIAN DESIG-
NATED BY THE EMPLOYER OR CARRIER AND A PHYSICIAN DESIGNATED BY THE CHAIR
OF THE WORKERS' COMPENSATION BOARD  PROVIDED  HOWEVER,  THAT  THE  CHAIR
FINDS THAT THERE ARE A SUFFICIENT NUMBER OF MASSAGE THERAPY ARBITRATIONS
IN  A  GEOGRAPHICAL  AREA COMPRISED OF ONE OR MORE COUNTIES TO WARRANT A
COMMITTEE SO COMPRISED.  IN ALL OTHER CASES WHERE THE VALUE  OF  MASSAGE
THERAPY  SERVICES  IS AT ISSUE, THE ARBITRATION COMMITTEE SHALL BE SIMI-
LARLY SELECTED AND IDENTICAL IN COMPOSITION, PROVIDED THAT THE  LICENSED
MASSAGE  THERAPIST MEMBER SHALL SERVE WITHOUT REMUNERATION, AND PROVIDED
FURTHER THAT IN THE EVENT A LICENSED MASSAGE THERAPIST IS NOT AVAILABLE,
THE COMMITTEE SHALL BE COMPRISED OF THREE PHYSICIANS DESIGNATED  IN  THE
SAME MANNER AS IN CASES WHERE THE VALUE OF MEDICAL AID IS AT ISSUE.
  Where the value of occupational therapy services is at issue the arbi-
tration committee shall consist of a member in good standing of a recog-
nized  professional  association representing occupational therapists in
the state of New York appointed by the president of such organization; a
physician designated by the employer or carrier and a  physician  desig-
nated  by  the  [chairman]  CHAIR  of  the  workers'  compensation board
provided, however, that the [chairman] CHAIR  finds  that  there  are  a

S. 8287                             5

sufficient number of occupational therapy arbitrations in a geographical
area  comprised  of  one  or  more  counties  to  warrant a committee so
comprised. In all other cases where the value  of  occupational  therapy
services  is  at  issue,  the  arbitration  committee shall be similarly
selected and identical in composition, provided  that  the  occupational
therapist  member shall serve without remuneration, and provided further
that in the event  an  occupational  therapist  is  not  available,  the
committee  shall be comprised of three physicians designated in the same
manner as in cases where the value of medical aid is at issue.
  S 3. This act shall take effect immediately.

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Senate Bill S8287

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2009-S8287 (ACTIVE) - Details

2009-S8287 (ACTIVE) - Summary

2009-S8287 (ACTIVE) - Sponsor Memo

2009-S8287 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8287

Share this bill

Sponsored By

William T. Stachowski

Archive: Last Bill Status - In Senate Committee Rules Committee

2009-S8287 (ACTIVE) - Details

2009-S8287 (ACTIVE) - Summary

2009-S8287 (ACTIVE) - Sponsor Memo

2009-S8287 (ACTIVE) - Bill Text download pdf

Comments