senate Bill S4559A

Signed By Governor
2011-2012 Legislative Session

Relates to the rates of payment for the treatment and care of injured employees

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Sponsored By

Archive: Last Bill Status Via A6686 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.517
Sep 12, 2011 delivered to governor
Jun 20, 2011 returned to assembly
passed senate
3rd reading cal.1156
substituted for s4559b
Jun 20, 2011 substituted by a6686b
Jun 13, 2011 ordered to third reading cal.1156
May 11, 2011 print number 4559b
amend and recommit to rules
May 03, 2011 reported and committed to rules
Apr 27, 2011 print number 4559a
amend (t) and recommit to labor
Apr 12, 2011 referred to labor

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4559 - Bill Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L

S4559 - Bill Texts

view summary

Relates to the rates of payment for the treatment and care of injured employees.

view sponsor memo
BILL NUMBER:S4559

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to the rates of
payment for the treatment and care of injured employees; and to amend
chapter 592 of the laws of 2006 amending the workers' compensation law
relating to the rates of payment for the treatment and care of injured
employees, in relation to the effectiveness thereof

PURPOSE OF BILL:
The bill would provide for the continuation of
reimbursement for certain medical treatments under the workers
compensation system in the event the federal government changes the
codes associated with such treatments.

SUMMARY OF PROVISIONS:
The bill would provide for the continuation of
reimbursement to medical providers for certain kinds of medical care
in the event that the federal government changes the codes for those
medical treatments. The codes are in statute and would become moot if
re-coded at the federal level. The bill would provide for continued
use of the current codes until promulgation of the new codes.
Reimbursement would then be linked to those new codes.

JUSTIFICATION:
Back injuries are a common problem for injured
employees seeking benefits from the Workers' Compensation program.
For many diagnoses, spinal fusion surgery is the recommended
treatment for such individuals and results in superior outcomes than
other treatments. In most cases, the use of spinal implants is the
preferable method of performing fusion surgery and has become the
medical standard of care.
From a financial standpoint, however, performing fusion surgery with
implants involves a higher surgical cost, that cost is more than
recouped in saving derived from a shorter hospital stay, more
effective rehabilitation and better results. The ability of the
patient to return to work sooner presents additional savings for
employers and insurers with a Workers' Compensation injury or
disability.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4559

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 the  rates
  of  payment  for  the  treatment and care of injured employees; and to
  amend chapter 592 of the laws of 2006 amending  the  workers'  compen-
  sation law relating to the rates of payment for the treatment and care
  of injured employees, in relation to the effectiveness thereof

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

  Section 1. Subdivision (a-1) of section 13  of  the  workers'  compen-
sation  law,  as added by chapter 592 of the laws of 2006, is amended to
read as follows:
  (a-1) Notwithstanding the provisions of subdivision  four  of  section
twenty-eight  hundred  seven and subdivision one of section twenty-eight
hundred seven-c of the public health law, payments to general  hospitals
for  AP-DRGs  755-758 (spinal fusion; back and neck procedures), 806-807
(combined anterior and posterior spinal fusions), 836-837 (spinal proce-
dures), and 864-865 (cervical spinal fusion) FROM APRIL FIRST, TWO THOU-
SAND SIX THROUGH NOVEMBER THIRTIETH, TWO THOUSAND NINE AND FOR  APR-DRGS
23  (SPINAL  PROCEDURES),  303  (DORSAL AND LUMBAR FUSION PROCEDURES FOR
CURVATURE OF BACK), 304 (DORSAL AND LUMBAR FUSION PROCEDURES EXCEPT  FOR
CURVATURE  OF  BACK),  310  (INTERVERTEBRAL  DISC  EXCISION  AND  DECOM-
PRESSION), AND 321 (CERVICAL SPINAL FUSION AND  OTHER  BACK/NECK  PROCE-
DURES  EXCLUDING  DISC  EXCISION/DECOMPRESSION)  BEGINNING  ON AND AFTER
DECEMBER FIRST, TWO THOUSAND NINE shall  be  at  the  rates  of  payment
determined  pursuant  to  section  twenty-eight  hundred  seven-c of the
public health law for state governmental agencies, excluding adjustments
pursuant to subdivision fourteen-f of such section twenty-eight  hundred
seven-c,  plus  the provider's documented cost for any implantable hard-
ware [and],  instrumentation,  AND  OTHER  SURGICALLY-NECESSARY  BINDING
AGENTS/MATERIALS  which should be recorded under revenue code 278 on the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09984-03-1

S. 4559                             2

claim, plus an additional ten percent of such  documented  cost  not  to
exceed a maximum of three hundred fifty dollars.
  S  2.  Section 3 of chapter 592 of the laws of 2006 amending the work-
ers' compensation law relating to the rates of payment for the treatment
and care of injured employees, is amended to read as follows:
  S 3. This act shall take effect on April  1,  2006  and  shall  expire
March  31,  [2011]  2012  when upon such date the provisions of this act
shall be deemed repealed; provided, however, that if this act shall have
become a law after April 1, 2006, it shall take effect  immediately  and
shall be deemed to have been in full force and effect on and after April
1, 2006.
  S 3. This act shall take effect immediately.

S4559A - Bill Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L

S4559A - Bill Texts

view summary

Relates to the rates of payment for the treatment and care of injured employees.

view sponsor memo
BILL NUMBER:S4559A

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to the rates of
payment for the treatment and care of injured employees; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE OF BILL:
The bill would provide for the continuation of reimbursement for
certain medical treatments under the workers compensation system in
the event the federal government changes the codes associated with
such treatments.

SUMMARY OF PROVISIONS:
The bill would provide for the continuation of reimbursement to
medical providers for certain kinds of medical care in the event that
the federal government changes the codes for those medical
treatments. The codes are in statute and would become moot if
re-coded at the federal level.
The bill would provide for continued use of the current codes until
promulgation of the new codes. Reimbursement would then be linked to
those new codes.

JUSTIFICATION:
Back injuries are a common problem for injured employees seeking
benefits from the Workers' Compensation program. For many diagnoses,
spinal fusion surgery is the recommended treatment for such
individuals and results in superior outcomes than other treatments.
In most cases, the use of spinal implants is the preferable method of
performing fusion surgery and has become the medical standard of
care. From a financial standpoint, however, performing fusion surgery
with implants involves a higher surgical cost, that cost is more than
recouped in saving derived from a shorter hospital stay, more
effective rehabilitation and better results. The ability of the
patient to return to work sooner presents additional savings for
employers and insurers with a Workers' Compensation injury or
disability.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4559--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the workers' compensation law, in relation to the rates
  of payment for the  treatment  and  care  of  injured  employees;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1.  Section 13 of the workers' compensation law is amended  by
adding a new subdivision (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED SEVEN AND SUBDIVISION ONE OF  SECTION  TWENTY-EIGHT
HUNDRED  SEVEN-C OF THE PUBLIC HEALTH LAW, PAYMENTS TO GENERAL HOSPITALS
FOR AP-DRGS 755-758 (SPINAL FUSION; BACK AND NECK  PROCEDURES),  806-807
(COMBINED ANTERIOR AND POSTERIOR SPINAL FUSIONS), 836-837 (SPINAL PROCE-
DURES), AND 864-865 (CERVICAL SPINAL FUSION) FROM APRIL FIRST, TWO THOU-
SAND  SIX THROUGH NOVEMBER THIRTIETH, TWO THOUSAND NINE AND FOR APR-DRGS
23 (SPINAL PROCEDURES), 303 (DORSAL AND  LUMBAR  FUSION  PROCEDURES  FOR
CURVATURE  OF BACK), 304 (DORSAL AND LUMBAR FUSION PROCEDURES EXCEPT FOR
CURVATURE  OF  BACK),  310  (INTERVERTEBRAL  DISC  EXCISION  AND  DECOM-
PRESSION),  AND  321  (CERVICAL SPINAL FUSION AND OTHER BACK/NECK PROCE-
DURES EXCLUDING DISC  EXCISION/DECOMPRESSION)  BEGINNING  ON  AND  AFTER
DECEMBER  FIRST,  TWO  THOUSAND  NINE  SHALL  BE AT THE RATES OF PAYMENT
DETERMINED PURSUANT TO  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-C  OF  THE
PUBLIC HEALTH LAW FOR STATE GOVERNMENTAL AGENCIES, EXCLUDING ADJUSTMENTS
PURSUANT  TO SUBDIVISION FOURTEEN-F OF SUCH SECTION TWENTY-EIGHT HUNDRED
SEVEN-C, PLUS THE PROVIDER'S DOCUMENTED COST FOR ANY  IMPLANTABLE  HARD-
WARE,    INSTRUMENTATION,   AND   OTHER   SURGICALLY-NECESSARY   BINDING
AGENTS/MATERIALS WHICH SHOULD BE RECORDED UNDER REVENUE CODE 278 ON  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09984-05-1

S. 4559--A                          2

CLAIM,  PLUS  AN  ADDITIONAL  TEN PERCENT OF SUCH DOCUMENTED COST NOT TO
EXCEED A MAXIMUM OF THREE HUNDRED FIFTY DOLLARS.
  S  2.  This  act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2006, and shall
expire on April 1, 2012 when upon such date the provisions of  this  act
shall be deemed repealed.

Co-Sponsors

S4559B (ACTIVE) - Bill Details

Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13, Work Comp L

S4559B (ACTIVE) - Bill Texts

view summary

Relates to the rates of payment for the treatment and care of injured employees.

view sponsor memo
BILL NUMBER:S4559B

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to the rates of
payment for the treatment and care of injured employees; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE OF BILL:
The bill would provide for the continuation of reimbursement for
certain medical treatments under the workers compensation system in
the event the federal government changes the codes associated with
such treatments.

SUMMARY OF PROVISIONS:
The bill would provide for the continuation of reimbursement to
medical providers for certain kinds of medical care in the event that
the federal government changes the codes for those medical
treatments. The codes are in statute and would become moot if
re-coded at the federal level.
The bill would provide for continued use of the current codes until
promulgation of the new codes. Reimbursement would then be linked to
those new codes.

JUSTIFICATION:
Back injuries are a common problem for injured employees seeking
benefits from the Workers' Compensation program. For many diagnoses,
spinal fusion surgery is the recommended treatment for such
individuals and results in superior outcomes than other treatments.
In most cases, the use of spinal implants is the preferable method of
performing fusion surgery and has become the medical standard of
care. From a financial standpoint, however, performing fusion surgery
with implants involves a higher surgical cost, that cost is more than
recouped in saving derived from a shorter hospital stay, more
effective rehabilitation and better results. The ability of the
patient to return to work sooner presents additional savings for
employers and insurers with a Workers' Compensation injury or
disability.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4559--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the workers' compensation law, in relation to the  rates
  of  payment  for  the  treatment  and  care  of injured employees; and
  providing for the repeal of such provisions upon expiration thereof

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

  Section  1.  Section 13 of the workers' compensation law is amended by
adding a new subdivision (a-1) to read as follows:
  (A-1) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  SUBDIVISION  FOUR
OF  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN  OR SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVEN-C OF  THE  PUBLIC  HEALTH  LAW,  PAYMENTS  TO
GENERAL  HOSPITALS  FOR APR-DRGS 23 (SPINAL PROCEDURES), 303 (DORSAL AND
LUMBAR FUSION PROCEDURES FOR CURVATURE OF BACK), 304 (DORSAL AND  LUMBAR
FUSION  PROCEDURES  EXCEPT  FOR  CURVATURE OF BACK), 310 (INTERVERTEBRAL
DISC EXCISION AND DECOMPRESSION), AND 321 (CERVICAL  SPINAL  FUSION  AND
OTHER  BACK/NECK PROCEDURES EXCLUDING DISC EXCISION/DECOMPRESSION) SHALL
BE AT THE RATES OF PAYMENT DETERMINED PURSUANT TO  SUBPARAGRAPH  (I)  OF
PARAGRAPH (B-1) OF SUBDIVISION 1 OF SECTION TWENTY-EIGHT HUNDRED SEVEN-C
OF  THE  PUBLIC  HEALTH  LAW PLUS THE PROVIDER'S DOCUMENTED COST FOR ANY
IMPLANTABLE HARDWARE AND INSTRUMENTATION, WHICH SHOULD BE RECORDED UNDER
REVENUE CODE 278 ON THE CLAIM, PLUS AN ADDITIONAL TEN  PERCENT  OF  SUCH
DOCUMENTED COST NOT TO EXCEED A MAXIMUM OF THREE HUNDRED FIFTY DOLLARS.
  S  2.  This  act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, and shall
expire on April 1, 2012 when upon such date the provisions of  this  act
shall be deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09984-06-1

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