S T A T E O F N E W Y O R K
________________________________________________________________________
5572
2015-2016 Regular Sessions
I N S E N A T E
May 14, 2015
___________
Introduced by Sen. VALESKY -- 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 diagnosis,
care and treatment of injured employees by certified nurse practition-
ers
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 13-p to read as follows:
S 13-P. DIAGNOSIS, CARE AND TREATMENT OF INJURED EMPLOYEES BY CERTI-
FIED NURSE PRACTITIONERS. 1. WHERE THE TERM "NURSE PRACTITIONER" IS USED
IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED AS A
REGISTERED PROFESSIONAL NURSE, CERTIFIED AS A NURSE PRACTITIONER UNDER
SECTION SIX THOUSAND NINE HUNDRED TEN OF THE EDUCATION LAW, AND PRACTIC-
ING IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION SIX THOUSAND NINE
HUNDRED TWO OF THE EDUCATION LAW.
(A) NOTWITHSTANDING THE REQUIREMENTS OF SECTIONS THIRTEEN AND THIR-
TEEN-A OF THIS ARTICLE, AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES
WHICH MAKE SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY
BE DIAGNOSED AND TREATED BY A NURSE PRACTITIONER AND AUTHORIZED BY THE
CHAIR TO RENDER HEALTH CARE SERVICES PURSUANT TO THIS SECTION. SUCH
SERVICES SHALL BE WITHIN THE SCOPE OF THE NURSE PRACTITIONER AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION SIX THOUSAND NINE
HUNDRED TWO OF THE EDUCATION LAW, AND SHALL INCLUDE PERFORMING INDEPEND-
ENT MEDICAL EXAMINATIONS.
(B) A NURSE PRACTITIONER RENDERING SERVICE PURSUANT TO THIS SECTION
SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND NURSE PRACTITIONER
TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR
ON SUCH FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
2. A NURSE PRACTITIONER WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
HEALTHCARE SERVICES UNDER THIS SECTION SHALL FILE AN APPLICATION FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11185-01-5
S. 5572 2
AUTHORIZATION UNDER THIS SECTION WITH THE NURSE PRACTITIONER PRACTICE
COMMITTEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREAT-
ING FOR REMUNERATION, AS A PRIVATE PATIENT, ANY PERSON SEEKING NURSE
PRACTITIONER HEALTHCARE 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 NURSE PRACTITIONERS AUTHORIZED TO RENDER SERVICES UNDER
THIS CHAPTER. THIS AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED
PERSON SO TREATED, AND SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY
SUCH NURSE PRACTITIONER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH NURSE
PRACTITIONER AFTER BEING REMOVED FROM THE LIST OF NURSE PRACTITIONERS
AUTHORIZED TO RENDER HEALTHCARE SERVICES UNDER THIS SECTION. THE NURSE
PRACTITIONER PRACTICE COMMITTEE, IF IT DEEMS SUCH CERTIFIED NURSE PRAC-
TITIONER DULY QUALIFIED, SHALL RECOMMEND TO THE CHAIR THAT SUCH PERSON
BE AUTHORIZED TO RENDER HEALTHCARE 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 ESTABLISH A SCHEDULE
FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND
FEES FOR NURSE PRACTITIONER 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 NURSE PRACTITIONER
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 SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION
SHALL BE GIVEN TO THE VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS
PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT AND SERVICES SHALL BE THE
FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
3. NO CLAIM FOR NURSE PRACTITIONER SERVICES SHALL BE VALID AND
ENFORCEABLE AS AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN
FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT THE NURSE PRACTITIONER
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.
4. FEES FOR NURSE PRACTITIONER SERVICES SHALL BE PAYABLE ONLY TO A
DULY CERTIFIED NURSE PRACTITIONER, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE ESTATE OF SUCH NURSE PRACTITIONER. NO NURSE PRACTITIONER
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.
5. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE NURSE
PRACTITIONER OF THE INJURED EMPLOYEE SHALL BE ENTITLED 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.
6. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE NURSE PRACTITIONER WHO HAS TREATED AN INJURED EMPLOYEE,
SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH NURSE PRACTITIONER
IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE
FAIRNESS OF THE AMOUNT CLAIMED BY SUCH NURSE PRACTITIONER FOR HIS OR HER
S. 5572 3
SERVICES, THE RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO
BE WAIVED AND THE AMOUNT CLAIMED BY SUCH NURSE PRACTITIONER SHALL BE
DEEMED TO BE THE FAIR VALUE OF THE SERVICES RENDERED. IF THE PARTIES
FAIL TO AGREE AS TO THE NURSE PRACTITIONER HEALTHCARE SERVICES RENDERED
UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL BE DECIDED BY THE
NURSE PRACTITIONER 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 NURSE PRACTITIONER'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 NURSE PRACTITIONER 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.
7. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR CERTIFIED
NURSE PRACTITIONER SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
NURSE PRACTITIONER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE AND
TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL OPINION OF THE NURSE PRACTITIONER AS TO CAUSAL RELATION AND AS TO
REQUIRED TREATMENT SHALL BE DEEMED COMPETENT BUT SHALL NOT BE CONTROL-
LING. 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.
8. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY NURSE PRACTITIONERS RENDERING HEALTHCARE 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 NURSE PRACTITIONER PRACTICE COMMIT-
TEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
PARTIES.
9. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A SINGLE NURSE PRACTITIONER PRACTICE COMMITTEE
COMPOSED OF TWO CERTIFIED NURSE PRACTITIONERS, 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
NURSE PRACTITIONERS SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF SUCH
NURSE PRACTITIONER PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL
RENDER HEALTHCARE SERVICES UNDER THIS SECTION NOR BE AN EMPLOYER OR
ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSURANCE 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.
S. 5572 4
10. THE NURSE PRACTITIONER PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR
AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED NURSE PRACTITIONER 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 NURSE PRACTITIONER 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 CERTIFIED
NURSE PRACTITIONERS AUTHORIZED TO RENDER HEALTHCARE SERVICES UNDER THIS
CHAPTER THE NAME OF ANY NURSE PRACTITIONER WHO HE OR SHE SHALL FIND
AFTER REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH NURSE PRAC-
TITIONER: (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR
INCOMPETENCY IN CONNECTION WITH THE RENDERING OF HEALTHCARE SERVICES,
(B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING HEALTHCARE SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION, (C)
HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL NURSE PRACTITIONER
HEALTHCARE SERVICES 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 NURSE PRACTITIONER
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 OR 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,
NURSE PRACTITIONER 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 DIVI-
SION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING OF A
FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROFITED
BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A COMMIS-
SION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A WORK-
ERS' COMPENSATION CLAIMANT.
11. 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 TEN OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR.
12. 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 NURSE PRACTI-
TIONER PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION
OF ANY NURSE PRACTITIONER 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.
13. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT NURSE PRACTITION-
ERS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPORATION
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
S. 5572 5
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
S 2. 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.
