senate Bill S2360B

Vetoed By Governor
2013-2014 Legislative Session

Authorizes the care and treatment of injured employees by duly licensed social workers under the workers' compensation program

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Sponsored By

Archive: Last Bill Status Via A5299 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.533
Dec 05, 2014 delivered to governor
Jun 19, 2014 returned to assembly
passed senate
3rd reading cal.1596
substituted for s2360b
Jun 19, 2014 substituted by a5299b
ordered to third reading cal.1596
committee discharged and committed to rules
Jun 17, 2014 print number 2360b
amend and recommit to finance
Apr 28, 2014 reported and committed to finance
Jan 08, 2014 referred to labor
Jun 13, 2013 print number 2360a
amend and recommit to finance
May 21, 2013 reported and committed to finance
Jan 16, 2013 referred to labor

Votes

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Jun 19, 2014 - Rules committee Vote

S2360B
17
0
committee
17
Aye
0
Nay
6
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Apr 28, 2014 - Labor committee Vote

S2360A
12
1
committee
12
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 21, 2013 - Labor committee Vote

S2360
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

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

Co-Sponsors

S2360 - Bill Details

See Assembly Version of this Bill:
A5299B
Law Section:
Workers' Compensation Law
Laws Affected:
Add §13-p, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3056, A1972
2009-2010: S3465A, A395A

S2360 - Bill Texts

view summary

Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

view sponsor memo
BILL NUMBER:S2360

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by certain
licensed clinical social workers

PURPOSE: The bill authorizes the care and treatment of injured
employees by licensed clinical social workers under the workers'
compensation program. The expansion of qualified mental health
providers available to deliver permitted psychotherapeutic treatment
will afford injured workers greater access to care and more provider
options across New York State.

SUMMARY OF PROVISIONS:;

Section 1 amends the Workers' Compensation Law by adding a new section
13-P to include licensed clinical social workers as eligible providers
of treatment under the Workers' compensation program.

JUSTIFICATION: Currently, the only providers under the Workers'
Compensation Law that may deliver mental health services to injured
workers are physicians and licensed psychologists.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in
the New York County Supreme Court of the State of New York issued a
decision, clarifying that licensed clinical social workers, and
licensed psychologists share the equivalent scopes of practice and
professional functions.

New York State has a long history of providing health care consumers
with the freedom of choosing from a number of qualified health care
service providers. Currently, licensed clinical social workers are
eligible to receive reimbursement for the mental health services they
provide to persons covered by (1) a variety of federal government
health insurance plans, including the Federal Employees Health
Benefits Program (FEHBP), which covers 10 million federal employees,
retirees and their dependents, the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) which is now referred to as
Tricare and serves approximately 5.5 million beneficiaries, and
Medicare, which has authorized clinical social workers to provide
mental health services since 1990 and (2) essentially all managed
behavioral health plans regionally and nationally as well as all group
insurance plans in New York State.

As such, licensed clinical social workers are currently eligible
providers of mental health services to federal and state employees,
and the dependents of military personnel stationed in New York, as
well as to the many citizens of our state whose medical expenses a
recovered by managed behavioral and group health insurance plans.

This bill would grant the same access to mental health service
providers for job-related injuries under the workers' Compensation Law
that is now available for an insured individual's non job-related
injuries. Many rural and inner city areas throughout New York are
continuously struggling with a lack of accessible and qualified
providers of mental health services. This bill assists the injured


workers in the shortage areas throughout the state by affording them
the accessible healthcare option of a licensed clinical social worker.
Lastly, licensed clinical social workers have unique skills in
providing psychotherapeutic treatment within the context of the
patient's environment as well as utilizing community, family and other
social resources as an adjunct to treatment. It is this methodology
which may reduce workers' compensation costs by enhancing the process
of rehabilitating persons who suffer from work-related illnesses and
injuries, and returning them more quickly to gainful employment.

LEGISLATIVE HISTORY: 2011-2012 - S.3056 - Referred to Labor 2010 -
S.395A - Referred to Labor 2009 - S.395A - Referred to Labor 2007 -
S.1623 - Referred to Labor 2006 - S.7379 - Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  2360

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- 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  care
  and treatment of injured employees by certain licensed clinical social
  workers

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "injured workers assistance act".
  S  2. The workers' compensation law is amended by adding a new section
13-p to read as follows:
  S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES  BY  CERTAIN  LICENSED
CLINICAL  SOCIAL  WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL WORKER" IS
USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
AND REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO  ARTICLE
ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE  TREATED,
UPON  THE  REFERRAL  OF  AN AUTHORIZED PHYSICIAN, BY A LICENSED CLINICAL
SOCIAL WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE  PURSU-
ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
CLINICAL   SOCIAL   WORK  AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION
SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
  (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY  OPERATED  BY  LABOR  AND
MANAGEMENT  REPRESENTATIVES,  HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
REQUIRED,  UPON  THE  REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH
CARE IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED  CLINICAL
SOCIAL WORKER AS REQUIRED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06715-01-3

S. 2360                             2

  (C)  A  LICENSED  CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
TED TO THE CHAIR ON SUCH FORMS AND  AT  SUCH  TIMES  AS  THE  CHAIR  MAY
REQUIRE.
  3.  A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS  SECTION  SHALL
FILE  AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
ICAL SOCIAL WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL  AGREE  TO
REFRAIN  FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE
PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, 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 CLINICAL SOCIAL WORKERS
AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS  AGREEMENT  SHALL
RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
ABLE  AS  A  DEFENSE  IN  ANY  ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
PAYMENT FOR TREATMENT RENDERED BY  SUCH  CLINICAL  SOCIAL  WORKER  AFTER
BEING  REMOVED  FROM  THE  LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION.  THE  CLINICAL
SOCIAL  WORK  PRACTICE  COMMITTEE,  IF  IT  DEEMS SUCH LICENSED CLINICAL
SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO  THE  CHAIR  THAT  SUCH
PERSON  BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR  AND
SHALL  NOT  BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK 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 CLINICAL
SOCIAL WORK 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 CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW  OF  OTHER  INTER-
ESTED  PARTIES.  THE  AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  4.  (A) NO CLAIM FOR CLINICAL SOCIAL WORK SERVICES SHALL BE VALID  AND
ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
FORTY-EIGHT HOURS FOLLOWING THE  FIRST  TREATMENT  THE  CLINICAL  SOCIAL
WORKER  GIVING  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND
DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY  THE  CHAIR,  BOARD,
EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
APART  OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES  WITHIN
THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
TO DO SO.
  (B)  UPON  RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
SUBDIVISION, THE EMPLOYER SHALL BE ENTITLED TO HAVE THE  CLAIMANT  EXAM-
INED  BY A LICENSED CLINICAL SOCIAL WORKER AT A PLACE REASONABLY CONVEN-
IENT TO THE CLAIMANT AND IN THE  PRESENCE  OF  THE  CLAIMANT'S  CLINICAL
SOCIAL WORKER, AND REFUSAL BY THE CLAIMANT TO SUBMIT TO SUCH EXAMINATION
AT  SUCH  TIME OR TIMES AS MAY REASONABLY BE NECESSARY IN THE OPINION OF
THE BOARD SHALL BAR THE CLAIMANT FROM RECOVERING COMPENSATION,  FOR  ANY
PERIOD DURING WHICH HE OR SHE HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.

S. 2360                             3

  5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS
STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6. WHENEVER HIS OR HER  ATTENDANCE  AT  A  HEARING  IS  REQUIRED,  THE
LICENSED  CLINICAL  SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL BE ENTI-
TLED TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY  THE
BOARD,  IN  ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE
OF THE CIVIL PRACTICE LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE LICENSED CLINICAL  SOCIAL  WORKER  WHO  HAS  TREATED  AN
INJURED  EMPLOYEE,  SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH
CLINICAL SOCIAL WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS  AN  IMPAR-
TIAL  EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH CLINICAL
SOCIAL WORKER FOR HIS OR HER SERVICES, THE RIGHT TO  SUCH  AN  IMPARTIAL
EXAMINATION  SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY SUCH
CLINICAL SOCIAL WORKER SHALL BE DEEMED TO  BE  THE  FAIR  VALUE  OF  THE
SERVICES  RENDERED.   IF THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK
CARE RENDERED UNDER THIS CHAPTER TO A  CLAIMANT,  SUCH  VALUE  SHALL  BE
DECIDED  BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION
OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO  THE  VALUE
OF  THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH BILL
OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD  FOR
BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
THE  EMPLOYER  FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM SHALL BE
PAID INTO THE STATE TREASURY.
  (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION,
THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
INTEREST  PER  MONTH  PAYABLE  TO THE LICENSED CLINICAL SOCIAL WORKER IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR  A  SUM
EQUAL  TO  FIVE  PER  CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS  GREATER.  THE
SUMS  SO  COLLECTED  SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8. WITHIN THE LIMITS PRESCRIBED BY  THE  EDUCATION  LAW  FOR  LICENSED
CLINICAL  SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
CLINICAL SOCIAL WORKER CONCERNING THE CONDITION OF AN  INJURED  EMPLOYEE
AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL  OPINION  OF  THE  LICENSED  CLINICAL  SOCIAL WORKER AS TO CAUSAL
RELATION AND AS TO REQUIRED TREATMENT  SHALL  BE  DEEMED  COMPETENT  BUT
SHALL  NOT  BE  CONTROLLING.  NOTHING IN THIS SECTION SHALL BE DEEMED TO
DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF  ANY  RIGHT  TO  A  MEDICAL
EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  9.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING CLINICAL SOCIAL  WORK  SERVICES  UNDER  THIS
SECTION,  WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES
PRESENTLY IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED  TO  CLAIM-
ANTS  IN  WORKERS'  COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF

S. 2360                             4

SUCH RULES THE CHAIR MAY  CONSULT  THE  CLINICAL  SOCIAL  WORK  PRACTICE
COMMITTEE  AND  MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
PARTIES.
  10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A  SINGLE  CLINICAL  SOCIAL  WORK  PRACTICE  COMMITTEE
COMPOSED  OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED
PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
LICENSED CLINICAL SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR  AS  A
CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
COMMITTEE  SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION
NOR BE AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM  ANY  INSUR-
ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
STATE  OR  FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR FEE RELATES
TO A WORKERS' COMPENSATION CLAIM OR  OTHERWISE.  THE  ATTORNEY  GENERAL,
UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  11.  THE  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE SHALL INVESTIGATE,
HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
THIS SECTION UNDER RULES AND PROCEDURES TO BE PRESCRIBED  BY  THE  CHAIR
AND  SHALL  REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
SION AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE  COMMITTEE
SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE  UPON  HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF LICENSED
CLINICAL SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL  WORK
SERVICES  UNDER  THIS  CHAPTER OR TO CONDUCT INDEPENDENT EXAMINATIONS IN
ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF  THIS  SECTION  THE
NAME  OF  ANY  CLINICAL  SOCIAL  WORKER  WHO  HE OR SHE SHALL FIND AFTER
REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE  SUCH  CLINICAL  SOCIAL
WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
  (B)  HAS  EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS REGARDING QUALIFICATIONS  IN  THE  APPLICATION  FOR  AUTHORI-
ZATION,
  (C)  HAS  FAILED  TO  SUBMIT TIMELY, FULL AND TRUTHFUL CLINICAL SOCIAL
WORK EVALUATION AND TREATMENT REPORTS OF ALL FINDINGS  TO  THE  EMPLOYER
AND  DIRECTLY  TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED
IN THIS SECTION,
  (D) HAS RENDERED CLINICAL SOCIAL WORKER SERVICES  UNDER  THIS  CHAPTER
FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)   HAS   SOLICITED   OR   HAS   EMPLOYED  ANOTHER  TO  SOLICIT  FOR
HIMSELF/HERSELF OR FOR ANOTHER PROFESSIONAL  TREATMENT,  EXAMINATION  OR
CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F)  HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
BOARD, CLINICAL SOCIAL WORK PRACTICE COMMITTEE OR  ANY  DULY  AUTHORIZED
OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A

S. 2360                             5

COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL
WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules and regulations necessary  to  implement
the  provisions  of  this act on its effective date are authorized to be
made on or before such effective date.

Co-Sponsors

S2360A - Bill Details

See Assembly Version of this Bill:
A5299B
Law Section:
Workers' Compensation Law
Laws Affected:
Add §13-p, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3056, A1972
2009-2010: S3465A, A395A

S2360A - Bill Texts

view summary

Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

view sponsor memo
BILL NUMBER:S2360A

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by certain
licensed clinical social workers

PURPOSE: The bill authorizes the care and treatment of injured
employees by licensed clinical social workers under the workers'
compensation program. The expansion of qualified mental health
providers available to deliver permitted psychotherapeutic treatment
will afford injured workers greater access to care and more provider
options across New York State.

SUMMARY OF PROVISIONS:

Section 2 amends the workers' compensation law by adding a new section
13-p to include licensed clinical social workers as eligible providers
of treatment under the workers' compensation program.

JUSTIFICATION: Currently, the only providers under the workers'
compensation Law that may deliver mental health services to injured
workers are physicians and licensed psychologists. Lack of access to
qualified mental health care providers can prolong an injured workers'
return to work.

The state education department website lists the total number of
registered licensed psychologists, licensed clinical social workers
and licensed master social workers. In each county listed, the total
number of licensed social workers outnumbers psychologists at least
eight to one. An extreme example is Wyoming County. Wyoming County is
596 square miles and largely rural with scattered small towns. It has
a population of 43,424, of which there is only one licensed
psychologist. By allowing clinical social workers to provide services
which squarely lie within their scope of practice, the availability of
service providers in Wyoming County could potentially increase by lap
to 400%, greatly increasing the pool of culturally competent mental
health providers as well as treatment options for injured workers. It
may also address geographic issues such as an injured worker who may
not be inclined to travel 100 miles to receive services, but by
increasing options, he or she may only have to travel 10 minutes,
increasing accessibility, and increasing the probability that those
who needs service will seek and utilize them.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in
the New York County Supreme Court of the State of Hew York issued a
decision that clarified that licensed clinical social workers, and
licensed psychologists share the equivalent scopes of practice and
professional functions.

New York State has a long history of providing health care consumers
with the freedom of choosing from a number of qualified health care
service providers. Currently, licensed.clinical social workers are
eligible to receive reimbursement for the mental health services they
provide to persons covered by (1) a variety of federal government
health insurance plans, including the Federal Employees Health
Benefits Program (FEHBF), which covers 10 million federal employees,
retirees and their dependents, the Civilian Health and Medical Program


of the Uniformed Services (CHAMPUS) which is now referred to as
Tricare and serves approximately 5.5 million beneficiaries, and
Medicare, which has authorized clinical social workers to provide
mental health services since 1990 and (2) essentially all managed
behavioral health plans regionally and nationally as well as all group
insurance plans in New York State. As such, licensed clinical social
workers are currently eligible providers of mental health services to
federal and state employees, and the dependents of military personnel
stationed in New York, as well as to the many citizens of our state
whose medial expenses are covered by managed behavioral and group
health insurance plans.

This bill would grant the same access to mental health service
providers for job-related injuries under the workers' compensation Law
that is now available for an insured individual's non job-related
injuries. Many rural and inner city areas throughout New York are
continuously struggling with a lack of accessible and qualified
providers of mental health services. This bill assists the injured
workers in the shortage areas throughout the state by affording them
the more accessible healthcare option of a licensed clinical social
worker.

Furthermore, this bill would not result in increased costs. The cost
of providing services to persons covered under New York's workers'
compensation system is a function of the number of patients who
require such care, not the number of covered professionals who may not
provide it.

Lastly, licensed clinical social workers have unique skills in
providing psychotherapeutic treatment within the context of the
patient's environment as well as utilizing community, family and other
social resources as an adjunct to treatment. it is this methodology
which may reduce workers' compensation costs by enhancing the process
of rehabilitating persons who suffer from work-related illnesses and
injuries, and returning them more quickly to gainful employment.

LEGISLATIVE HISTORY: 2012: A.1972-Referred to Labor 2011:
A.1972-Referred to Labor 2010: A.0395-A-Referred to Labor 2009:
A.0395-A-Referred to Labor 2008: A.5417 -Referred to Labor 2007:
A.5417 -Referred to Labor 2006: A.11164- Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE: This act shall Lake effect on the one hundred eightieth
day after lt shall have become a law.

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

                                 2360--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  reported favorably from said committee and committed to the  Committee
  on Finance -- 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 care
  and treatment of injured employees by certain licensed clinical social
  workers

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "injured workers assistance act".
  S 2. The workers' compensation law is amended by adding a new  section
13-p to read as follows:
  S  13-P.  CARE  AND TREATMENT OF INJURED EMPLOYEES BY CERTAIN LICENSED
CLINICAL SOCIAL WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL  WORKER"  IS
USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
AND  REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO ARTICLE
ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
SUCH  AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN,  BY  A  LICENSED  CLINICAL
SOCIAL  WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE PURSU-
ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
CLINICAL  SOCIAL  WORK  AS  DEFINED  IN  SUBDIVISION  TWO   OF   SECTION
SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
  (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
REQUIRED, UPON THE REFERRAL OF AN AUTHORIZED  PHYSICIAN,  PROVIDED  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06715-03-3

S. 2360--A                          2

CARE  IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED CLINICAL
SOCIAL WORKER AS REQUIRED BY THIS SECTION.
  (C)  A  LICENSED  CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
TED TO THE CHAIR ON SUCH FORMS AND  AT  SUCH  TIMES  AS  THE  CHAIR  MAY
REQUIRE.
  3.  A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS  SECTION  SHALL
FILE  AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
ICAL SOCIAL WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL  AGREE  TO
REFRAIN  FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE
PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, 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 CLINICAL SOCIAL WORKERS
AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS  AGREEMENT  SHALL
RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
ABLE  AS  A  DEFENSE  IN  ANY  ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
PAYMENT FOR TREATMENT RENDERED BY  SUCH  CLINICAL  SOCIAL  WORKER  AFTER
BEING  REMOVED  FROM  THE  LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION.  THE  CLINICAL
SOCIAL  WORK  PRACTICE  COMMITTEE,  IF  IT  DEEMS SUCH LICENSED CLINICAL
SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO  THE  CHAIR  THAT  SUCH
PERSON  BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR  AND
SHALL  NOT  BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK 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 CLINICAL
SOCIAL WORK 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 CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW  OF  OTHER  INTER-
ESTED  PARTIES.  THE  AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  4.  NO CLAIM FOR CLINICAL SOCIAL WORK  SERVICES  SHALL  BE  VALID  AND
ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
FORTY-EIGHT HOURS FOLLOWING THE  FIRST  TREATMENT  THE  CLINICAL  SOCIAL
WORKER  GIVING  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND
DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY  THE  CHAIR,  BOARD,
EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
APART  OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES  WITHIN
THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
TO DO SO.
  5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS

S. 2360--A                          3

STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
LICENSED CLINICAL SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL  BE  ENTI-
TLED  TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE
BOARD, IN ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT  THOUSAND  ONE
OF THE CIVIL PRACTICE LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER  BY  THE  LICENSED  CLINICAL  SOCIAL  WORKER WHO HAS TREATED AN
INJURED EMPLOYEE, SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR  AND  SUCH
CLINICAL  SOCIAL  WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPAR-
TIAL EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH  CLINICAL
SOCIAL  WORKER  FOR  HIS OR HER SERVICES, THE RIGHT TO SUCH AN IMPARTIAL
EXAMINATION SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY  SUCH
CLINICAL  SOCIAL  WORKER  SHALL  BE  DEEMED  TO BE THE FAIR VALUE OF THE
SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE  SOCIAL  WORK
CARE  RENDERED  UNDER  THIS  CHAPTER  TO A CLAIMANT, SUCH VALUE SHALL BE
DECIDED BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY  DECISION
OF  SUCH  COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE
OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH  BILL
OR  PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD FOR
BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE
PAID INTO THE STATE TREASURY.
  (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
TO  BE  DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
INTEREST PER MONTH PAYABLE TO THE LICENSED  CLINICAL  SOCIAL  WORKER  IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8.  WITHIN  THE  LIMITS  PRESCRIBED  BY THE EDUCATION LAW FOR LICENSED
CLINICAL SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN  AUTHORIZED
CLINICAL  SOCIAL  WORKER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE
AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL OPINION OF THE LICENSED  CLINICAL  SOCIAL  WORKER  AS  TO  CAUSAL
RELATION  AND  AS  TO  REQUIRED  TREATMENT SHALL BE DEEMED COMPETENT BUT
SHALL NOT BE CONTROLLING. NOTHING IN THIS SECTION  SHALL  BE  DEEMED  TO
DEPRIVE  ANY  EMPLOYER  OR  INSURANCE  CARRIER OF ANY RIGHT TO A MEDICAL
EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
FOLLOWED  BY  THOSE  RENDERING  CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION, WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES
PRESENTLY  IN  EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIM-
ANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH  THE  PROMULGATION  OF
SUCH  RULES  THE  CHAIR  MAY  CONSULT  THE CLINICAL SOCIAL WORK PRACTICE
COMMITTEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF  OTHER  INTERESTED
PARTIES.
  10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A  SINGLE  CLINICAL  SOCIAL  WORK  PRACTICE  COMMITTEE
COMPOSED  OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED

S. 2360--A                          4

PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
LICENSED  CLINICAL  SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS A
CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
COMMITTEE SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION
NOR  BE  AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSUR-
ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR  FEE  RELATES
TO  A  WORKERS'  COMPENSATION  CLAIM OR OTHERWISE. THE ATTORNEY GENERAL,
UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  11. THE CLINICAL SOCIAL WORK  PRACTICE  COMMITTEE  SHALL  INVESTIGATE,
HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
THIS  SECTION  UNDER  RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR
AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH  THEIR  FINDINGS  AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
SION  AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE
SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST  OF  LICENSED
CLINICAL  SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL WORK
SERVICES UNDER THIS CHAPTER THE NAME OF ANY CLINICAL SOCIAL  WORKER  WHO
HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS DISQUALIFIED
BECAUSE SUCH CLINICAL SOCIAL WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS  REGARDING  QUALIFICATIONS  IN  THE  APPLICATION FOR AUTHORI-
ZATION,
  (C) HAS FAILED TO SUBMIT TIMELY, FULL  AND  TRUTHFUL  CLINICAL  SOCIAL
WORK  EVALUATION  AND  TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER
AND DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME  LIMITS  PROVIDED
IN THIS SECTION,
  (D)  HAS  RENDERED  CLINICAL SOCIAL WORKER SERVICES UNDER THIS CHAPTER
FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)  HAS  SOLICITED  OR  HAS   EMPLOYED   ANOTHER   TO   SOLICIT   FOR
HIMSELF/HERSELF  OR  FOR  ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
BOARD,  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE OR ANY DULY AUTHORIZED
OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A
COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL

S. 2360--A                          5

WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules and regulations necessary  to  implement
the  provisions  of  this act on its effective date are authorized to be
made on or before such effective date.

Co-Sponsors

S2360B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5299B
Law Section:
Workers' Compensation Law
Laws Affected:
Add §13-p, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3056, A1972
2009-2010: S3465A, A395A

S2360B (ACTIVE) - Bill Texts

view summary

Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

view sponsor memo
BILL NUMBER:S2360B

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by certain
licensed clinical social workers

PURPOSE:

The bill authorizes the care and treatment of injured employees by
licensed clinical social workers under the workers' compensation
program. The expansion of qualified mental health providers available to
deliver permitted psychotherapeutic treatment will afford injured work-
ers greater access to care and more provider options across New York
State.

SUMMARY OF PROVISIONS:

Section 1 provides that a "clinical social worker" is a person who has
been duly licensed and registered as a licensed clinical social worker
pursuant to article 154 of the education law, as it is used in this
section.

Section 2 amends the workers' compensation law by adding a new section
13-p to include licensed clinical social workers as eligible providers
of treatment under the workers' compensation program.

However, the bill has been revised so that clinical social workers who
are authorized by the chair to provide services under this section, will
not be authorized to perform independent medical examinations, unless
the independent medical exams relate to the need for clinical social
work services.

JUSTIFICATION:

Currently, the only providers under the workers' compensation Law that
may deliver mental health services to injured workers are physicians and
licensed psychologists. Lack of access to qualified mental health care
providers can prolong an injured workers' return to work.

The state education department website lists the total number of regis-
tered licensed psychologists, licensed clinical social workers and
licensed master social workers. In each county listed, the total number.
of licensed social workers outnumbers psychologists at least eight to
one. An extreme example is Wyoming County. Wyoming County is 596 square
miles and largely rural with scattered small towns. It has a population
of 43,424, of which there is only one licensed psychologist. By allowing
clinical social workers to provide services which squarely lie within
their scope of practice, the availability of service providers in Wyom-
ing County could potentially increase by lap to 400%, greatly increasing
the pool of culturally competent mental health providers as well as
treatment options for injured workers. It may also address geographic
issues such as an injured worker who may not be inclined to travel 100

miles to receive services, but by increasing options, he or she may only
have to travel 10 minutes, increasing accessibility, and increasing the
probability that those who needs service will seek and utilize them.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in the
New York County Supreme Court of the State of Hew York issued a decision
that clarified that licensed clinical social workers, and licensed
psychologists share the equivalent scopes of practice and professional
functions.

New York State has a long history of providing health care consumers
with the freedom of choosing from a number of qualified health care
service providers. Currently, licensed clinical social workers are
eligible to receive reimbursement for the mental health services they
provide to persons covered by (1) a variety of federal government health
insurance plans, including the Federal Employees Health Benefits Program
(FEHBF), which covers 10 million federal employees, retirees and their
dependents, the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) which is now referred to as Tricare and serves
approximately 5.5 million beneficiaries, and Medicare, which has author-
ized clinical social workers to provide mental health services since
1990 and (2) essentially all managed behavioral health plans regionally
and nationally as well as all group insurance plans in New York State.
As such, licensed clinical social workers are currently eligible provid-
ers of mental health services to federal and state employees, and the
dependents of military personnel stationed in New York, as well as to
the many citizens of our state whose medial expenses are covered by
managed behavioral and group health insurance plans.

This bill would grant the same access to mental health service providers
for job-related injuries under the workers' compensation law that is now
available for an insured individual's non job-related injuries. Many
rural and inner city areas throughout New York are continuously struggl-
ing with a lack of accessible and qualified providers of mental health
services. This bill assists the injured workers in the shortage areas
throughout the state by affording them the more accessible healthcare
option of a licensed clinical social worker.

Furthermore, this bill would not result in increased costs. The cost of
providing services to persons covered under New York's workers' compen-
sation system is a function of the number of patients who require such
care, not the number of covered professionals who may not provide it.

Lastly, licensed clinical social workers have unique skills in providing
psychotherapeutic treatment within the context of the patient's environ-
ment as well as utilizing community, family and other social resources
as an adjunct to treatment. It is this methodology which may reduce
workers' compensation costs by enhancing the process of rehabilitating
persons who suffer from work-related illnesses and injuries, and return-
ing them more quickly to gainful employment.

LEGISLATIVE HISTORY:

2012: A.1972-Referred to Labor
2011: A.1972-Referred to Labor
2010: A.0395-A-Referred to Labor
2009: A.0395-A-Referred to Labor
2008: A.5417 -Referred to Labor
2007: A.5417 -Referred to Labor
2006: A.11164- Referred to Labor

FISCAL IMPLICATIONS:

None.

EFFECTIVE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                 2360--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Labor in  accordance  with  Senate  Rule  6,  sec.  8  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- 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  care
  and treatment of injured employees by certain licensed clinical social
  workers

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "injured workers assistance act".
  S  2. The workers' compensation law is amended by adding a new section
13-p to read as follows:
  S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES  BY  CERTAIN  LICENSED
CLINICAL  SOCIAL  WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL WORKER" IS
USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
AND REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO  ARTICLE
ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE  TREATED,
UPON  THE  REFERRAL  OF  AN AUTHORIZED PHYSICIAN, BY A LICENSED CLINICAL
SOCIAL WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE  PURSU-
ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
CLINICAL   SOCIAL   WORK  AS  DEFINED  IN  SUBDIVISION  TWO  OF  SECTION
SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW. CLINICAL SOCIAL  WORKERS
AUTHORIZED  BY  THE  CHAIR TO PROVIDE SERVICES PURSUANT TO THIS SECTION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06715-05-4

S. 2360--B                          2

SHALL NOT BE AUTHORIZED TO  PERFORM  INDEPENDENT  MEDICAL  EXAMINATIONS,
EXCEPT  FOR  INDEPENDENT  MEDICAL EXAMS RELATED TO THE NEED FOR CLINICAL
SOCIAL WORK SERVICES.
  (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
REQUIRED, UPON THE REFERRAL OF AN AUTHORIZED  PHYSICIAN,  PROVIDED  SUCH
CARE  IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED CLINICAL
SOCIAL WORKER AS REQUIRED BY THIS SECTION.
  (C) A LICENSED CLINICAL SOCIAL WORKER RENDERING  SERVICE  PURSUANT  TO
THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
TED  TO  THE  CHAIR  ON  SUCH  FORMS  AND AT SUCH TIMES AS THE CHAIR MAY
REQUIRE.
  3. A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING  AUTHOR-
IZED  TO  RENDER  CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION SHALL
FILE AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE  CLIN-
ICAL  SOCIAL  WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL AGREE TO
REFRAIN FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A  PRIVATE
PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, 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  CLINICAL  SOCIAL  WORKERS
AUTHORIZED  TO  RENDER SERVICES UNDER THIS CHAPTER. THIS AGREEMENT SHALL
RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
ABLE AS A DEFENSE IN ANY ACTION  BY  SUCH  CLINICAL  SOCIAL  WORKER  FOR
PAYMENT  FOR  TREATMENT  RENDERED  BY  SUCH CLINICAL SOCIAL WORKER AFTER
BEING REMOVED FROM THE LIST OF CLINICAL  SOCIAL  WORKERS  AUTHORIZED  TO
RENDER  CLINICAL  SOCIAL  WORK SERVICES UNDER THIS SECTION. THE CLINICAL
SOCIAL WORK PRACTICE COMMITTEE,  IF  IT  DEEMS  SUCH  LICENSED  CLINICAL
SOCIAL  WORKER  DULY  QUALIFIED,  SHALL RECOMMEND TO THE CHAIR THAT SUCH
PERSON BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS
SECTION.  SUCH  RECOMMENDATIONS  SHALL BE ONLY ADVISORY TO THE CHAIR AND
SHALL NOT BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE  AND  ESTAB-
LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
OF  CHARGES  AND FEES FOR CLINICAL SOCIAL WORK 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 CLINICAL
SOCIAL  WORK  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 CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
CHAPTER,  BUT  CONSIDERATION  SHALL BE GIVEN TO THE VIEW OF OTHER INTER-
ESTED PARTIES. THE AMOUNTS PAYABLE BY THE EMPLOYER  FOR  SUCH  TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  4.    NO  CLAIM  FOR  CLINICAL SOCIAL WORK SERVICES SHALL BE VALID AND
ENFORCEABLE  AS  AGAINST  THE  EMPLOYER  OR  EMPLOYEES   UNLESS   WITHIN
FORTY-EIGHT  HOURS  FOLLOWING  THE  FIRST  TREATMENT THE CLINICAL SOCIAL
WORKER GIVING SUCH CARE OR  TREATMENT  FURNISHES  TO  THE  EMPLOYER  AND
DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
THERETO  PROGRESS  REPORTS  AS REQUESTED IN WRITING BY THE CHAIR, BOARD,
EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
APART OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED  BY
THE  CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN

S. 2360--B                          3

THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
TO DO SO.
  5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS
STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6. WHENEVER HIS OR HER  ATTENDANCE  AT  A  HEARING  IS  REQUIRED,  THE
LICENSED  CLINICAL  SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL BE ENTI-
TLED TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY  THE
BOARD,  IN  ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE
OF THE CIVIL PRACTICE LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE LICENSED CLINICAL  SOCIAL  WORKER  WHO  HAS  TREATED  AN
INJURED  EMPLOYEE,  SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH
CLINICAL SOCIAL WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS  AN  IMPAR-
TIAL  EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH CLINICAL
SOCIAL WORKER FOR HIS OR HER SERVICES, THE RIGHT TO  SUCH  AN  IMPARTIAL
EXAMINATION  SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY SUCH
CLINICAL SOCIAL WORKER SHALL BE DEEMED TO  BE  THE  FAIR  VALUE  OF  THE
SERVICES  RENDERED.   IF THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK
CARE RENDERED UNDER THIS CHAPTER TO A  CLAIMANT,  SUCH  VALUE  SHALL  BE
DECIDED  BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION
OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO  THE  VALUE
OF  THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH BILL
OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD  FOR
BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
THE  EMPLOYER  FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM SHALL BE
PAID INTO THE STATE TREASURY.
  (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION,
THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
INTEREST  PER  MONTH  PAYABLE  TO THE LICENSED CLINICAL SOCIAL WORKER IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR  A  SUM
EQUAL  TO  FIVE  PER  CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS  GREATER.  THE
SUMS  SO  COLLECTED  SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8. WITHIN THE LIMITS PRESCRIBED BY  THE  EDUCATION  LAW  FOR  LICENSED
CLINICAL  SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
CLINICAL SOCIAL WORKER CONCERNING THE CONDITION OF AN  INJURED  EMPLOYEE
AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL  OPINION  OF  THE  LICENSED  CLINICAL  SOCIAL WORKER AS TO CAUSAL
RELATION AND AS TO REQUIRED TREATMENT  SHALL  BE  DEEMED  COMPETENT  BUT
SHALL  NOT  BE  CONTROLLING.  NOTHING IN THIS SECTION SHALL BE DEEMED TO
DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF  ANY  RIGHT  TO  A  MEDICAL
EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  9.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING CLINICAL SOCIAL  WORK  SERVICES  UNDER  THIS
SECTION,  WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES

S. 2360--B                          4

PRESENTLY IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED  TO  CLAIM-
ANTS  IN  WORKERS'  COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF
SUCH RULES THE CHAIR MAY  CONSULT  THE  CLINICAL  SOCIAL  WORK  PRACTICE
COMMITTEE  AND  MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
PARTIES.
  10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION  IN  THE  ENTIRE
STATE  OF  NEW  YORK  A  SINGLE  CLINICAL SOCIAL WORK PRACTICE COMMITTEE
COMPOSED OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY  LICENSED
PHYSICIAN  OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF  SUCH
LICENSED  CLINICAL  SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS A
CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
COMMITTEE SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION
NOR  BE  AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSUR-
ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR  FEE  RELATES
TO  A  WORKERS'  COMPENSATION  CLAIM OR OTHERWISE. THE ATTORNEY GENERAL,
UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  11. THE CLINICAL SOCIAL WORK  PRACTICE  COMMITTEE  SHALL  INVESTIGATE,
HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
THIS  SECTION  UNDER  RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR
AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH  THEIR  FINDINGS  AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
SION  AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE
SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST  OF  LICENSED
CLINICAL  SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL WORK
SERVICES UNDER THIS CHAPTER THE NAME OF ANY CLINICAL SOCIAL  WORKER  WHO
HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS DISQUALIFIED
BECAUSE SUCH CLINICAL SOCIAL WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS  REGARDING  QUALIFICATIONS  IN  THE  APPLICATION FOR AUTHORI-
ZATION,
  (C) HAS FAILED TO SUBMIT TIMELY, FULL  AND  TRUTHFUL  CLINICAL  SOCIAL
WORK  EVALUATION  AND  TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER
AND DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME  LIMITS  PROVIDED
IN THIS SECTION,
  (D)  HAS  RENDERED  CLINICAL SOCIAL WORKER SERVICES UNDER THIS CHAPTER
FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)  HAS  SOLICITED  OR  HAS   EMPLOYED   ANOTHER   TO   SOLICIT   FOR
HIMSELF/HERSELF  OR  FOR  ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
BOARD,  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE OR ANY DULY AUTHORIZED
OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A

S. 2360--B                          5

COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL
WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules and regulations necessary  to  implement
the  provisions  of  this act on its effective date are authorized to be
made on or before such effective date.

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