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Assembly Bill A7755

2011-2012 Legislative Session

Relates to pre-authorized procedures

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2011-A7755 (ACTIVE) - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง13-a, Work Comp L

2011-A7755 (ACTIVE) - Summary

Relates to pre-authorized procedures.

2011-A7755 (ACTIVE) - Bill Text download pdf 

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

                                  7755

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Labor

AN  ACT  to  amend the workers' compensation law, in relation to pre-au-
  thorized procedures

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

  Section  1. Subdivision 5 of section 13-a of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, is amended to read  as
follows:
  (5)  No  claim  for  specialist  consultations,  surgical  operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or special diagnostic laboratory tests costing more  than  one  thousand
dollars shall be valid and enforceable, as against such employer, unless
such  special  services shall have been authorized by the employer or by
the board, or unless such authorization has been unreasonably  withheld,
or  withheld for a period of more than thirty calendar days from receipt
of a request for authorization, or  unless  such  special  services  are
required in an emergency, provided, however, that the basis for a denial
of  such  authorization  by  the employer must be based on a conflicting
second opinion rendered by a physician  authorized  by  the  board.  The
board, with the approval of the superintendent of insurance, shall issue
and  maintain  a  list  of pre-authorized procedures under this section.
SUCH LIST OF PRE-AUTHORIZED PROCEDURES SHALL BE  ISSUED  AND  MAINTAINED
FOR  THE  SOLE PURPOSE OF EXPEDITING AUTHORIZATION OF PATIENT TREATMENT.
SUCH LIST OF PRE-AUTHORIZED PROCEDURES SHALL NOT BE UTILIZED AS  MEDICAL
GUIDELINES  OR  TO  DIRECT PATIENT CARE IN ANY WAY NOR SHALL ANY PRE-AU-
THORIZED PROCEDURE BE GIVEN  PREFERENCE  OVER  AN  ALTERNATIVE  FORM  OF
TREATMENT  THAT  HAS  NOT  BEEN  PLACED ON THE PRE-AUTHORIZED PROCEDURES
LIST.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10942-01-1

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