S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6797--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 Introduced  by  M. of A. WOERNER, VANEL, LUPINACCI, LUPARDO -- read once
   and referred to the Committee on Labor -- reported and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to authoriz-
   ing certain care and treatment to injured employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The closing paragraph of subdivision (a) of section 13 of
 the workers' compensation law, as amended by chapter 6 of  the  laws  of
 2007, is amended to read as follows:
   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 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 osteopathic 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 consideration 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 profes-
 sional 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02920-02-7

 A. 6797--A                          2
 
 shall  be  given  to  the  views of other interested 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 hospi-
 tal  services  not  covered  under  the  medical fee schedule previously
 referred to in this subdivision, to be determined 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 hospital associ-
 ation 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 ther-
 apy  services  rendered  under  this chapter, but consideration shall be
 given to the views of other interested parties. IN THE CASE  OF  MASSAGE
 THERAPY  FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A RECOG-
 NIZED PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE  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
 amounts  higher or lower than the fees and charges fixed therein, but no
 physician rendering medical treatment or care, and no physical, LICENSED
 MASSAGE or occupational therapist rendering their  respective  physical,
 MASSAGE  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 arti-
 cle.  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. Subdivision 1 of section 13-b of the workers' compensation law is
 amended by adding a new paragraph (g) to read as follows:
   (G)  UPON  THE  PRESCRIPTION  OR  REFERRAL OF AN AUTHORIZED PHYSICIAN,
 MASSAGE THERAPY CARE MAY BE RENDERED BY A DULY LICENSED  MASSAGE  THERA-
 PIST.  WHERE  MASSAGE THERAPY CARE IS RENDERED, RECORDS OF THE PATIENT'S
 CONDITION AND PROGRESS, TOGETHER WITH RECORDS OF INSTRUCTION FOR  TREAT-
 MENT, IF ANY SHALL BE MAINTAINED BY THE MESSAGE THERAPIST AND PHYSICIAN.
 SAID  RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT SUCH TIMES
 AS THE CHAIR MAY REQUIRE.  A DULY LICENSED MASSAGE THERAPIST  SHALL  NOT
 BE AUTHORIZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS.
   §  3.  Subdivision 1 of section 13-g of the workers' compensation law,
 as amended by chapter 674 of the laws of 1994, is  amended  to  read  as
 follows:
   (1)  Within  forty-five  days  after  a  bill has been rendered to the
 employer by the hospital, physician or self-employed physical,  LICENSED
 MASSAGE or occupational therapist who has rendered treatment pursuant to
 a  referral  from the injured employee's authorized physician or author-
 ized podiatrist for treatment to the  injured  employee,  such  employer
 must  pay  the  bill  or notify the hospital, physician or self-employed

 A. 6797--A                          3
 
 physical, LICENSED MASSAGE or occupational therapist in writing that the
 bill is not being paid and explain the reasons for non-payment.  In  the
 event  that  the  employer fails to make payment or notify the hospital,
 physician  or  self-employed  physical, LICENSED MASSAGE or occupational
 therapist within such forty-five day period that payment  is  not  being
 made, the hospital, physician, self-employed physical therapist OR SELF-
 EMPLOYED LICENSED MASSAGE THERAPIST or self-employed occupational thera-
 pist may notify the chair in writing that the bill has not been paid and
 request that the board make an award for payment of such bill. The board
 or  the  chair  may  make  an award not in excess of the established fee
 schedules for any such bill or part thereof which remains  unpaid  after
 said forty-five day period or thirty days after all other questions duly
 and  timely  raised  in  accordance with the provisions of this chapter,
 relating to the employer's liability for the  payment  of  such  amount,
 shall  have been finally determined adversely to the employer, whichever
 is later, in accordance with rules promulgated by the  chair,  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.
   In the event that the employer has provided an explanation in  writing
 why the bill has not been paid, in part or in full, within the aforesaid
 time  period,  and  the parties can not agree as to the value of medical
 aid rendered under this chapter, such value shall be  decided  by  arbi-
 tration  if  requested by the hospital, physician or self-employed phys-
 ical, LICENSED MASSAGE or occupational therapist, in accordance with the
 provisions of subdivision two or subdivision three of this  section,  as
 appropriate, and rules and regulations promulgated by the chair.
   Where  a  physician, physical, LICENSED MASSAGE or occupational thera-
 pist bill has been determined to be due and owing in accordance with the
 provisions of this section the board shall include in the amount of  the
 award  interest  of not more than one and one-half per cent (1 1/2%) per
 month payable to the physician, physical, LICENSED  MASSAGE  or  occupa-
 tional  therapist,  in accordance with the rules and regulations promul-
 gated by the board. Interest shall be calculated  from  the  forty-fifth
 day  after  the  bill  was  rendered or from the thirtieth day after all
 other questions duly and timely raised in accordance with the provisions
 of this chapter, relating to the employer's liability for the payment of
 such amount, shall have been finally determined adversely to the employ-
 er, whichever is later, in accordance  with  rules  promulgated  by  the
 chair.
   § 4. This act shall take effect immediately.