senate Bill S1585

2013-2014 Legislative Session

Relates to chronic care for injured workers

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jun 03, 2013 reported and committed to finance
Jan 09, 2013 referred to labor

Votes

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Jun 3, 2013 - Labor committee Vote

S1585
6
4
committee
6
Aye
4
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S1585 - Bill Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง138, Work Comp L
Versions Introduced in 2011-2012 Legislative Session:
S7478

S1585 - Bill Texts

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Relates to chronic care for injured workers; authorizes workers' compensation board to approve a monthly dollar allowance or treatment frequency for an injured worker to continue specialized treatment where the worker's injuries are deemed long term or permanent.

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BILL NUMBER:S1585

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to chronic care for
injured workers

PURPOSE: This legislation allows the workers
compensation board to
allow for a monthly dollar allowance or treatment frequency for
injured workers whose injuries are deemed to be long term or permanent.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill
allows injured
workers whose injuries are deemed long term or permanent by the
workers compensation board where no change is anticipated by
continued care and all treatment options have been exhausted allows
the board to approve a monthly dollar allowance or treatment
frequency for the injured worker to continue to receive care within
the specialty of their choice for the purpose of pain management
and/or sustaining functional capacity.
Further stipulates that if an injured worker chooses to exceed the
treatment recommended, the injured worker shall have the option of
signing a waiver and paying the provider privately for the amount
that exceeds the recommendation.

Section 2 is the effective date.

JUSTIFICATION: This legislation allows the
establishment of ongoing
treatment protocols for chronic care injured workers, based on
medical evidence that is presented for that patient. It allows
injured workers to receive vital treatment necessary to maintain them
and allow for the highest level of functioning achievable given the
chronic nature of their injury. This legislation further controls
costs for insurance as it allows the carrier to budget for the costs
of care for chronically injured workers.

PRIOR LEGISLATIVE HISTORY: S. 7476 referred to Senate
Rules Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  1585

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  chronic
  care for injured workers

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

  Section 1. The workers' compensation law is amended by  adding  a  new
section 138 to read as follows:
  S  138. CHRONIC CARE. 1. FOR INJURED WORKERS WHOSE INJURIES ARE DEEMED
LONG TERM OR PERMANENT BY THE BOARD,  WHERE  NO  FUNDAMENTAL  CHANGE  IS
REASONABLY  ANTICIPATED  BY  CONTINUED  CARE  IN  ANY SPECIALTY, AND ALL
TREATMENT OPTIONS HAVE BEEN EXHAUSTED, THE BOARD MAY APPROVE  A  MONTHLY
DOLLAR  ALLOWANCE  OR  TREATMENT  FREQUENCY  FOR  THE  INJURED WORKER TO
CONTINUE TO TREAT WITHIN THE SPECIALTY OF HIS  OR  HER  CHOICE  FOR  THE
PURPOSE OF PAIN MANAGEMENT AND/OR SUSTAINING FUNCTIONAL CAPACITY.
  2.  IF  AN  INJURED  WORKER  CHOOSES  TO EXCEED THE LEVEL OF TREATMENT
RECOMMENDED BY THE BOARD, THE INJURED WORKER SHALL HAVE  THE  OPTION  OF
SIGNING  A  WAIVER AND PAYING THE PROVIDER PRIVATELY FOR THE AMOUNT THAT
EXCEEDS THE RECOMMENDATION OF THE BOARD.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04809-01-3

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