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Senate Bill S3741

2011-2012 Legislative Session

Relates to application of guidelines for medical treatment for injured workers

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2011-S3741 (ACTIVE) - Details

See Assembly Version of this Bill:
A6294
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5950
2015-2016: A3556

2011-S3741 (ACTIVE) - Summary

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

2011-S3741 (ACTIVE) - Sponsor Memo

2011-S3741 (ACTIVE) - Bill Text download pdf 

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

                                  3741

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  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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