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.