S T A T E O F N E W Y O R K
________________________________________________________________________
5090
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. GRIFFO -- 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 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. The closing paragraph of 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:
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 such medical
treatment and care, and including all medical, dental, surgical, optome-
tric or other attendance or treatment, nurse and hospital service, medi-
cine, optometric services, crutches, eye-glasses, false teeth, artifi-
cial 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] THE NEW YORK PHYSICAL THERAPY ASSOCIATION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05932-03-1
S. 5090 2
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 hospital 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 association 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 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
physician rendering medical treatment or care, and no physical or occu-
pational therapist rendering their respective physical 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 article. 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. 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
S. 5090 3
subdivision three of this section shall file an application for authori-
zation under this section with the podiatry practice committee. In such
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 3. Subdivision 2 of section 13-l 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
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authorization under this section with the chiropractic practice commit-
tee. In such application he or she shall agree to refrain from subse-
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 4. 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
S. 5090 5
care and/or to conduct independent medical examinations under this
section. Such recommendations shall be only advisory to the chair and
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 5. Notwithstanding the provisions of section one 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, 13-k, 13-l and 13-m of
the workers' compensation law existing as of the effective date of this
act shall be published by the chair of the workers' compensation board
on behalf of such board no later than one year following the effective
date of this act. 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' compen-
sation board to make adjustments in the fee schedule other than at the
biennial publication.
S 6. This act shall take effect immediately.
