S T A T E O F N E W Y O R K
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5339
2017-2018 Regular Sessions
I N S E N A T E
March 22, 2017
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Introduced by Sens. MURPHY, FUNKE -- 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 the
creation of an advisory committee on independent medical examinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13-n of the workers' compensation law is amended by
adding a new subdivision 4 to read as follows:
4. (A) THERE IS HEREBY ESTABLISHED IN THE BOARD AN ADVISORY COMMITTEE
ON INDEPENDENT MEDICAL EXAMINATIONS WHICH SHALL CONSIST OF EIGHT
MEMBERS. TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE
TEMPORARY PRESIDENT OF THE SENATE AND TWO BY THE SPEAKER OF THE ASSEM-
BLY; AND THE CHIEF EXECUTIVE OFFICERS OF THE NEW YORK STATE AMERICAN
FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSI-
NESS COUNCIL OF NEW YORK STATE SHALL BE MEMBERS BY VIRTUE OF THEIR
OFFICES. THE CHIEF EXECUTIVE OFFICERS OF THE NEW YORK STATE AMERICAN
FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSI-
NESS COUNCIL OF NEW YORK STATE MAY DESIGNATE REPRESENTATIVES TO ACT IN
THEIR PLACE OR STEAD AND ON THEIR BEHALF AS MEMBERS OF SUCH ADVISORY
COMMITTEE. IN ADDITION, THE CHAIR, EXECUTIVE DIRECTOR OF THE STATE
INSURANCE FUND AND THE COMMISSIONER OF HEALTH OR THEIR DESIGNATED REPRE-
SENTATIVES SHALL BE INVITED TO ATTEND AND PARTICIPATE IN ALL MEETINGS.
(B) IT SHALL BE THE DUTY OF THE ADVISORY COMMITTEE TO ADVISE, COUNSEL
AND CONFER WITH THE CHAIR AND EXECUTIVE DIRECTOR OF THE STATE INSURANCE
FUND ON MATTERS OF POLICY IN CONNECTION WITH THE ADMINISTRATION AND
ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO INDEPENDENT MEDICAL
EXAMINATIONS. THE ADVISORY COMMITTEE SHALL REVIEW EXISTING AND PROPOSED
STATE LAWS, RULES AND REGULATIONS PERTAINING TO INDEPENDENT MEDICAL
EXAMINATIONS AND RECOMMEND TO THE CHAIR, EXECUTIVE DIRECTOR OF THE STATE
INSURANCE FUND AND THE LEGISLATURE, NECESSARY CHANGES OR ADDITIONS TO
LAWS, RULES, REGULATIONS AND BOARD PROGRAMS TO IMPROVE MEDICAL CARE FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10750-01-7
S. 5339 2
INJURED WORKERS, THE EFFECTIVENESS OF THE BOARD'S REGULATION OF INDE-
PENDENT MEDICAL EXAMINATIONS, EXAMINERS AND INDEPENDENT MEDICAL EXAMINA-
TION ORGANIZATIONS AND ENFORCEMENT ACTIVITIES.
(C) THE CHAIR SHALL ASSIGN STAFF TO ASSIST THE ADVISORY COMMITTEE AS
NECESSARY AND SHALL PROVIDE NECESSARY INFORMATION AND SPACE FOR MEETINGS
OF THE ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL KEEP A RECORD OF
ITS MEETINGS AND RECOMMENDATIONS.
(D) THE ADVISORY COMMITTEE SHALL MEET AT THE CALL OF THE CHAIR OR ANY
MEMBER AND AT SUCH OTHER TIMES AS IT MAY DEEM NECESSARY AND AT SUCH
PLACES AS MAY BE CONVENIENT. IN ANY EVENT, MEETINGS SHALL BE HELD AT
LEAST ONCE PER STATE FISCAL QUARTER. AN INITIAL MEETING SHALL BE HELD
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 2. This act shall take effect immediately.