S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3338
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the workers' compensation law, in relation to the estab-
   lishment  of  a  fee schedule covering the costs of ambulance services
   provided to injured employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 13 of the workers' compensation
 law, as amended by chapter 6 of the laws of 2007, the opening  paragraph
 as  amended  by  chapter  23  of the laws of 2016, is amended to read as
 follows:
   (a) The employer shall promptly provide for an injured  employee  such
 medical,  dental, surgical, optometric or other attendance or treatment,
 nurse and hospital service,  medicine,  optometric  services,  AMBULANCE
 SERVICES,  crutches,  eye-glasses, false teeth, artificial eyes, orthot-
 ics, prosthetic devices, functional assistive and adaptive  devices  and
 apparatus  for such period as the nature of the injury or the process of
 recovery may require. The employer shall be liable for  the  payment  of
 the  expenses  of medical, dental, surgical, optometric or other attend-
 ance or treatment, nurse  and  hospital  service,  medicine,  optometric
 services,  AMBULANCE SERVICES, crutches, eye-glasses, false teeth, arti-
 ficial eyes, orthotics, prosthetic  devices,  functional  assistive  and
 adaptive  devices  and  apparatus,  as well as artificial members of the
 body or other devices or appliances necessary in the first  instance  to
 replace, support or relieve a portion or part of the body resulting from
 and  necessitated  by  the injury of an employee, for such period as the
 nature of the injury or the process of recovery  may  require,  and  the
 employer  shall also be liable for replacements or repairs of such arti-
 ficial members of the body or such  other  devices,  eye-glasses,  false
 teeth, artificial eyes, orthotics, prosthetic devices, functional assis-
 tive and adaptive devices or appliances necessitated by ordinary wear or

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

                                                            LBD05203-01-7

 A. 3338                             2
 
 loss  or  damage  to  a prosthesis, with or without bodily injury to the
 employee. Damage to or loss of a prosthetic device shall  be  deemed  an
 injury  except that no disability benefits shall be payable with respect
 to such injury under section fifteen of this article. Such a replacement
 or  repair of artificial members of the body or such other devices, eye-
 glasses, false teeth, artificial eyes,  orthotics,  prosthetic  devices,
 functional assistive and adaptive devices or appliances or the providing
 of medical treatment and care as defined herein shall not constitute the
 payment of compensation under section twenty-five-a of this article. All
 fees  and other charges for such treatment and services shall be limited
 to such charges as prevail in the same community for  similar  treatment
 of injured persons of a like standard of living.
   The  chair  shall  prepare  and establish a schedule for the state, or
 schedules limited to defined localities, of charges and  fees  for  such
 medical treatment and care, and including all medical, dental, surgical,
 optometric or other attendance or treatment, nurse and hospital service,
 medicine, optometric services, crutches, eye-glasses, false teeth, arti-
 ficial  eyes,  orthotics,  prosthetic  devices, functional assistive and
 adaptive devices and apparatus AND AMBULANCE  SERVICES  WHICH  SHALL  BE
 APPLICABLE TO FEES FOR ALL SUCH SERVICES EXCEPT AIR TRANSPORTATION BY AN
 AIR  CARRIER  TO  THE EXTENT PREEMPTED BY FEDERAL LAW in accordance with
 and to 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 president of the medical  society
 of  the state of New York and the president of the New York state osteo-
 pathic medical society to submit to him or her a report on the amount of
 remuneration deemed by such society to be  fair  and  adequate  for  the
 types  of  medical care to be rendered under this chapter, but consider-
 ation shall be given to the view of other  interested  parties.  In  the
 case  of  physical  therapy  fees  schedules the chair shall request the
 president of a recognized professional association representing physical
 therapists in the state of New York to submit to him or her a report  on
 the  amount  of  remuneration  deemed by such association to be fair and
 reasonable for the type of physical therapy services rendered under this
 chapter, but consideration shall be given to the views of  other  inter-
 ested  parties.    The chair shall also prepare and establish a schedule
 for the state, or schedules limited to defined  localities,  of  charges
 and  fees for outpatient hospital services not covered under the medical
 fee schedule previously referred to in this subdivision,  to  be  deter-
 mined  in  accordance with and to 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 presi-
 dent of the hospital association of New York state to submit to  him  or
 her a report on the amount of remuneration deemed by such association to
 be  fair  and  adequate  for the types of hospital outpatient care to be
 rendered under this chapter, but consideration shall  be  given  to  the
 views  of  other interested parties. In the case of occupational therapy
 fees schedules the chair shall request the  president  of  a  recognized
 professional  association  representing  occupational  therapists in the
 state of New York to submit to him or her a  report  on  the  amount  of
 remuneration  deemed  by  such association to be fair and reasonable for
 the type of occupational therapy services rendered under  this  chapter,
 but  consideration  shall  be  given  to  the  views 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.
 Nothing in this schedule, however, shall prevent  voluntary  payment  of

 A. 3338                             3
 
 amounts  higher or lower than the fees and charges fixed therein, but no
 physician rendering medical treatment or care, and no physical or  occu-
 pational  therapist  rendering their respective physical or occupational
 therapy  services  may  receive payment in any higher amount unless such
 increased amount has been authorized by the employer, or by decision  as
 provided  in section thirteen-g of this article. Nothing in this section
 shall be construed as preventing the employment  of  a  duly  authorized
 physician on a salary basis by an authorized compensation medical bureau
 or laboratory.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.