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Assembly Bill A3556

2015-2016 Legislative Session

Relates to application of guidelines for medical treatment for injured workers

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Archive: Last Bill Status - In Assembly Committee

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2015-A3556 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง13-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6294
2013-2014: A5950

2015-A3556 (ACTIVE) - Summary

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

2015-A3556 (ACTIVE) - Bill Text download pdf 

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

                                  3556

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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 and as further  amended
by  section  104 of part A of chapter 62 of the laws of 2011, 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  financial  services,
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 RETROAC-
TIVELY 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.
                                                           LBD04798-01-5

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