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Assembly Bill A6294

2011-2012 Legislative Session

Relates to application of guidelines for medical treatment for injured workers

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2011-A6294 (ACTIVE) - Details

See Senate Version of this Bill:
S3741
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง13-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5950
2015-2016: A3556

2011-A6294 (ACTIVE) - Summary

Relates to application of guidelines for medical treatment for injured workers; prohibits retroactive application.

2011-A6294 (ACTIVE) - Bill Text download pdf 

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

                                  6294

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

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

AN  ACT  to amend the workers' compensation law, in relation to applica-
  tion of guidelines for medical treatment for injured workers

  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.  NO
GUIDELINE  PROVIDING  FOR  MEDICAL  TREATMENT,  OR  RULES OR REGULATIONS
PERTAINING THERETO, SHALL BE APPLIED BY THE BOARD  BY  RETROACTIVELY  TO
CASES  WITH  A  DATE OF ACCIDENT OR DATE OF DISABLEMENT THAT IS PRIOR TO
THE DATE OF ANY SUCH GUIDELINE, RULE OR REGULATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09865-01-1

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