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Assembly Bill A3942

2015-2016 Legislative Session

Relates to maintaining a list of pre-authorized procedures

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Archive: Last Bill Status - In Assembly Committee

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2015-A3942 (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: A7934
2013-2014: A6589

2015-A3942 (ACTIVE) - Summary

Relates to maintaining a list of pre-authorized procedures.

2015-A3942 (ACTIVE) - Bill Text download pdf 

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

                                  3942

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by M. of A. TENNEY, SCARBOROUGH, FINCH -- Multi-Sponsored by
  -- M. of A. CROUCH -- read once and referred to the Committee on Labor

AN ACT to amend the workers' compensation law, in  relation  to  pre-au-
  thorized procedures

  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.  SUCH  LIST  OF  PRE-AUTHORIZED  PROCEDURES SHALL BE ISSUED AND
MAINTAINED FOR THE SOLE PURPOSE OF EXPEDITING AUTHORIZATION  OF  PATIENT
TREATMENT.  SUCH LIST OF PRE-AUTHORIZED PROCEDURES SHALL NOT BE UTILIZED
AS MEDICAL GUIDELINES OR TO DIRECT PATIENT CARE IN ANY WAY NOR SHALL ANY
PRE-AUTHORIZED PROCEDURE BE GIVEN PREFERENCE OVER AN ALTERNATIVE FORM OF
TREATMENT THAT HAS NOT BEEN  PLACED  ON  THE  PRE-AUTHORIZED  PROCEDURES
LIST.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07594-01-5

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