S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6349
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by Sen. ALCANTARA -- (at request of the Workers Compensation
   Board) -- 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 extending
   the board's authority to resolve medical bill  disputes  and  simplify
   the process

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13-b of the workers' compensation law,  as  amended
 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
 amended  by  section  85 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
   § 13-b. Authorization of physicians, medical bureaus and  laboratories
 by  the chair. 1. [Upon the recommendation of the medical society of the
 county in which the physician's office is located or of a  board  desig-
 nated  by  such  county society or of a board representing duly licensed
 physicians of any other school of medical practice in such  county,  the
 chair  may  authorize  physicians  licensed  to practice medicine in the
 state of New York to render medical  care  under  this  chapter  and  to
 perform  independent medical examinations in accordance with subdivision
 four of section thirteen-a of this article. If, within sixty days  after
 the  chair  requests  such  recommendations  the medical society of such
 county or board fails to act, or if there is no  such  society  in  such
 county,  the  chair  shall designate a board of three outstanding physi-
 cians, who shall make the requisite recommendations.
   No such authorization shall be made in the absence of a recommendation
 of the appropriate society or board or of a review and recommendation by
 the medical appeals unit. No person shall render medical care or conduct
 independent medical examinations under this chapter without such author-
 ization by the chair, provided, that:

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

                                                            LBD10066-01-7

 S. 6349                             2

   (a)] AS USED IN THIS TITLE, THE FOLLOWING DEFINITIONS SHALL  HAVE  THE
 FOLLOWING MEANINGS UNLESS THEIR CONTEXT REQUIRES OTHERWISE:
   A.  "ACUPUNCTURIST"  SHALL  MEAN LICENSED AS HAVING COMPLETED A FORMAL
 COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH  THE
 EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
 REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
 EDUCATION  LAW  TO  ADVISE,  IN WRITING, EACH PATIENT OF THE REQUIREMENT
 THAT HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR  CONDITIONS
 NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY THE EDUCATION LAW.
   B. "AUTHORIZATION AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE CHAIR
 AND  THE  PROVIDER  SIGNED BY THE PROVIDER DESIROUS OF RENDERING MEDICAL
 CARE AND/OR TREATMENT TO CLAIMANT OR CLAIMANTS INJURED IN THE COURSE  OF
 THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAMINATIONS.
   C.  "CHAIR"  OF  THE  BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S
 DESIGNEE.
   D. "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED  TWO  YEARS
 OF  PREPROFESSIONAL  COLLEGE  STUDY  AND A FOUR-YEAR RESIDENT PROGRAM IN
 CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND  CONSISTENT  WITH
 THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
   E.  "NURSE  PRACTITIONER"  SHALL  MEAN  A  LICENSED PROFESSIONAL NURSE
 CERTIFIED BY A NATIONAL CERTIFYING BODY AS HAVING COMPLETED THE REQUIRED
 EDUCATIONAL PROGRAM IN ACCORDANCE WITH THE EDUCATION LAW AND  THE  REGU-
 LATIONS OF THE COMMISSIONER OF EDUCATION.
   F. "OCCUPATIONAL THERAPIST" SHALL MEAN LICENSED AS HAVING A BACHELOR'S
 OR  MASTER'S  DEGREE  IN  OCCUPATIONAL THERAPY FROM A REGISTERED PROGRAM
 WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE  RESULT-
 ING  FROM COMPLETION OF NOT LESS THAN FOUR YEARS OF POSTSECONDARY STUDY,
 WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN ACCORD-
 ANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE  COMMISSIONER  OF
 EDUCATION.
   G.  "PHYSICAL  THERAPIST"  SHALL  MEAN  LICENSED AS HAVING COMPLETED A
 MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY  IN  ACCORDANCE  WITH  THE
 EDUCATION  LAW  AND  THE  LICENSING  REQUIREMENTS OF THE COMMISSIONER OF
 EDUCATION.
   H. "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF  DOCTOR  OF  MEDI-
 CINE,  M.D.,  OR  DOCTOR OF OSTEOPATHY, D.O., OR AN EQUIVALENT DEGREE IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIREMENTS OF  THE
 STATE  BOARD  OF  MEDICINE  AND  THE  REGULATIONS OF THE COMMISSIONER OF
 EDUCATION.
   I. "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRADU-
 ATED FROM A TWO-TO-FOUR YEAR STATE-APPROVED PHYSICIAN ASSISTANT PROGRAM,
 HAS PASSED A LICENSING EXAMINATION, AND WHOSE  ACTIONS  AND  DUTIES  ARE
 WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN ACCORDANCE
 WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER OF EDUCA-
 TION.
   J.  "PODIATRIST"  SHALL  MEAN  LICENSED  AS HAVING RECEIVED A DOCTORAL
 DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET  ALL
 OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY.
   K.  "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
 INDEPENDENT MEDICAL EXAMINER, NURSE  PRACTITIONER,  PHYSICAL  THERAPIST,
 PHYSICIAN,  PHYSICIAN'S  ASSISTANT,  PODIATRIST, PSYCHOLOGIST, OR SOCIAL
 WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT.
   L. "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING  RECEIVED  A  DOCTORAL
 DEGREE  IN  PSYCHOLOGY  FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE
 STATE EDUCATION DEPARTMENT OR  THE  SUBSTANTIAL  EQUIVALENT  THEREOF  IN

 S. 6349                             3
 
 ACCORDANCE  WITH  THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD
 FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
   M.  "SOCIAL  WORKER"  SHALL  MEAN  LICENSED  CLINICAL SOCIAL WORKER. A
 LICENSED CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S OF SOCIAL  WORK
 THAT  INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST TWELVE CREDIT
 HOURS OF CLINICAL  COURSES  OR  THE  EQUIVALENT  POST-GRADUATE  CLINICAL
 COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE COMMISSIONER OF
 EDUCATION.
   2.  Any  [physician] PROVIDER licensed [to practice medicine] PURSUANT
 TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND TREATMENT in the  state
 of  New  York  may  render  emergency [medical] care AND TREATMENT IN AN
 EMERGENCY HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY  TREATMENT
 under  this  chapter  without  authorization  by  the  chair  under this
 section; [and]
   [(b)] (A) SUCH licensed [physician] PROVIDER  AS  IDENTIFIED  IN  THIS
 SUBDIVISION  who  is  [a  member  of  a constituted medical staff of any
 hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMER-
 GENCY TREATMENT may [render] CONTINUE SUCH medical care under this chap-
 ter while an injured employee remains a  patient  in  such  hospital  OR
 URGENT CARE SETTING; and
   [(c)]  (B)  Under  the  [active and personal] DIRECT supervision of an
 authorized [physician] PROVIDER, medical  care  may  be  rendered  by  a
 registered  nurse  or  other  person trained in laboratory or diagnostic
 techniques within the scope of such person's  specialized  training  and
 qualifications. This supervision shall be evidenced by signed records of
 instructions for treatment and signed records of the patient's condition
 and progress. Reports of such treatment and supervision shall be made by
 such  [physician]  PROVIDER to the chair on such forms and at such times
 as the chair may require.
   [(d) Upon the referral which may be directive as to  treatment  of  an
 authorized  physician  physical  therapy  care may be rendered by a duly
 licensed physical therapist. Where physical  therapy  care  is  rendered
 records  of  the patient's condition and progress, together with records
 of instruction for treatment, if any, shall be maintained by  the  phys-
 ical  therapist  and  physician.  Said records shall be submitted to the
 chair on such forms and at such times as the chair may require.
   (e) Upon the prescription or referral of an authorized physician occu-
 pational therapy care may be rendered by a  duly  licensed  occupational
 therapist.  Where  occupational  therapy care is rendered records of the
 patient's condition and progress, together with records  of  instruction
 for  treatment, if any shall be maintained by the occupational therapist
 and physician. Said records shall be submitted to the chair on forms and
 at such times as the chair may require.
   (f)] (C) Where it would place an unreasonable burden upon the employer
 or carrier to arrange for, or for the claimant to attend, an independent
 medical examination by an authorized [physician] PROVIDER, the  employer
 or carrier shall arrange for such examination to be performed by a qual-
 ified  [physician]  PROVIDER  in  a  medical  facility convenient to the
 claimant.
   [2.] (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN,
 CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY  AN  AUTHOR-
 IZED   PHYSICAL   THERAPIST,  OCCUPATIONAL  THERAPIST  OR  ACUPUNCTURIST
 PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDI-
 TIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR  ACUPUNCTU-
 RIST  IS  AUTHORIZED TO TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU-
 LATIONS OF THE  COMMISSIONER  OF  EDUCATION.  WHERE  ANY  SUCH  CARE  OR

 S. 6349                             4
 
 TREATMENT  IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS,
 TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT,  IF  ANY,  SHALL  BE
 MAINTAINED BY THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNC-
 TURIST  RENDERING TREATMENT AND BY THE REFERRING PHYSICIAN. SAID RECORDS
 SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT SUCH TIMES AS THE  CHAIR
 MAY REQUIRE.
   (E)  A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL
 THERAPIST, ACUPUNCTURIST OR PHYSICIAN ASSISTANT SHALL NOT BE  CONSIDERED
 AS  EVIDENCE OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION TO AN ACCI-
 DENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR (2) DISABILITY OR THE
 DEGREE THEREOF, NOR MAY ANY SUCH PROVIDER PERFORM AN INDEPENDENT MEDICAL
 EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
   3. A [physician licensed to practice medicine in the state of New York
 who is] PROVIDER PROPERLY LICENSED OR CERTIFIED PURSUANT  TO  THE  REGU-
 LATIONS  OF  THE  COMMISSIONER  OF EDUCATION AND THE REQUIREMENTS OF THE
 EDUCATION LAW desirous of being authorized to render medical care  under
 this  chapter  and/or  to  conduct  independent  medical examinations in
 accordance with paragraph (b) of subdivision four of section  thirteen-a
 and  section  one  hundred  thirty-seven  of this chapter shall [file an
 application for authorization under this chapter with the medical socie-
 ty in the county in which his or her office is located, or with a  board
 designated  by  such society, or with a board designated by the chair as
 provided in this section. In such application the applicant shall  state
 his  or her training and qualifications, and shall agree to limit his or
 her professional activities under this chapter to such medical care  and
 independent  medical examinations, as his or her experience and training
 qualify him or her to render.  The  applicant  shall  further  agree  to
 refrain]  SIGN  AN AUTHORIZATION AGREEMENT. THE PROVIDER AGREES TO ABIDE
 BY THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THE  AUTHORIZATION
 AGREEMENT,  INCLUDING,  BUT  NOT LIMITED TO REFRAINING from subsequently
 treating for remuneration, as a  private  patient,  any  person  seeking
 medical  treatment, or submitting to an independent medical examination,
 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  [physicians]
 PROVIDERS  authorized  to  render medical care or to conduct independent
 medical examinations under this chapter, or if the person  seeking  such
 treatment, or submitting to an independent medical examination, has been
 transferred  from  his  or her care in accordance with the provisions of
 this chapter. This agreement shall run to the  benefit  of  the  injured
 person so treated or examined, and shall be available to him or her as a
 defense  in  any  action  by  such  [physician] PROVIDER for payment for
 treatment rendered by a [physician] PROVIDER after he or  she  has  been
 removed  from  the  list  of [physicians] PROVIDERS authorized to render
 medical care or to conduct independent medical examinations  under  this
 chapter,  or  after  the  injured person was transferred from his or her
 care in accordance with the provisions of  this  chapter.  [The  medical
 society  or  the  board  designated  by  it,  or  the board as otherwise
 provided under this section, if it deems such  licensed  physician  duly
 qualified,  shall  recommend to the chair that such physician be author-
 ized to render medical care and/or conduct independent medical  examina-
 tions  under  this  chapter,  and  such recommendation and authorization
 shall specify the character of the medical care or  independent  medical
 examination  which  such physician is qualified and authorized to render
 under this chapter. Such recommendations shall be advisory to the  chair
 only  and  shall  not  be  binding  or  conclusive  upon him or her. The
 licensed  physician  may  present  to  the  medical  society  or  board,

 S. 6349                             5

 evidences  of additional qualifications at any time subsequent to his or
 her original application. If the  medical  society  or  board  fails  to
 recommend  to the chair that a physician be authorized to render medical
 care and/or to conduct independent medical examinations under this chap-
 ter,  the  physician may appeal to the medical appeals unit. The medical
 society or the board  designated  by  it,  or  the  board  as  otherwise
 provided  under this section, may upon its own initiative, or shall upon
 request of the chair, review at  any  time  the  qualifications  of  any
 physician as to the character of the medical care or independent medical
 examinations  which  such  physician  has theretofore been authorized to
 render under this chapter and may  recommend  to  the  chair  that  such
 physician be authorized to render medical care or to conduct independent
 medical examinations thereafter of the character which such physician is
 then  qualified to render. On such advisory recommendation the chair may
 review and after reasonable investigation may revise  the  authorization
 of  a  physician  in  respect to the character of medical care and/or to
 conduct independent medical examinations which he or she  is  authorized
 to  render. If the medical society or board recommends to the chair that
 a physician be authorized to render medical care and/or to conduct inde-
 pendent medical examinations under this chapter of a character different
 from the character of medical care or independent  medical  examinations
 he  or she has been theretofore authorized to render, such physician may
 appeal from such recommendation to the medical appeals unit.
   3.] 4. Laboratories and bureaus engaged in x-ray diagnosis  or  treat-
 ment  or  in  physiotherapy  or  other  therapeutic procedures and which
 participate in the diagnosis or treatment of injured [workmen] CLAIMANTS
 under this chapter shall be operated or supervised by [qualified  physi-
 cians duly] PROVIDERS authorized under this chapter and shall be subject
 to  the  provisions of section thirteen-c of this article. The person in
 charge of diagnostic clinical laboratories duly  authorized  under  this
 chapter  shall  possess  the  qualifications  established  by the public
 health and health planning council for approval by the state commission-
 er of health or, in the city of New York, the qualifications approved by
 the board of health of said city and shall  maintain  the  standards  of
 work required for such approval.
   §  2.  Section  13-d  of  the workers' compensation law, as amended by
 chapter 459 of the laws of 1944, the section heading and subdivisions  1
 and  2 as amended and paragraph (d) of subdivision 2 as added by chapter
 473 of the laws of 2000, paragraphs (a) and  (b)  of  subdivision  2  as
 amended  and subdivision 5 as added by chapter 6 of the laws of 2007 and
 subdivision 4 as amended by chapter 1068 of the laws of 1960, is amended
 to read as follows:
   § 13-d. Removal of [physicians] PROVIDERS from lists of those  author-
 ized  to  render medical care or to conduct independent medical examina-
 tions. 1. [The medical society of the county in  which  the  physician's
 office is located at the time or a board designated by such county soci-
 ety or a board representing duly licensed physicians of any other school
 of  medical  practice  in  such  county shall investigate, hear and make
 findings with respect to all charges as to professional or other miscon-
 duct of any authorized physician as  herein  provided  under  rules  and
 procedure to be prescribed by the medical appeals unit, and shall report
 evidence of such misconduct, with their findings and recommendation with
 respect  thereto,  to  the chair. Failure to commence such investigation
 within sixty days from the date the charges are referred to the  society
 by  the  chair  or  submit  findings and recommendations relating to the
 charges within one hundred eighty days from the  date  the  charges  are

 S. 6349                             6

 referred  shall  empower  the  chair to appoint, as a hearing officer, a
 member of the board, employee, or other  qualified  hearing  officer  to
 hear  and  report on the charges to the chair. A qualified hearing offi-
 cer,  who is neither a member of the board, or employee thereof shall be
 paid at a reasonable per diem rate to be fixed by the chair.
   Such investigation, hearing, findings, recommendation and  report  may
 be  made by the society or board of an adjoining county upon the request
 of the medical society of the county in which the alleged misconduct  or
 infraction  of  this  chapter  occurred,  subject  to the time limit and
 conditions set forth herein. The medical appeals unit shall  review  the
 findings and recommendation of such medical society or board, or hearing
 officer appointed by the chair upon application of the accused physician
 and  may  reopen  the matter and receive further evidence. The findings,
 decision and recommendation of such society, board  or  hearing  officer
 appointed  by the chair or medical appeals unit shall be advisory to the
 chair only, and shall not be binding or conclusive upon him or her.
   2.] The chair shall [remove from the list of physicians authorized to]
 TEMPORARILY SUSPEND, REVOKE, OR OTHERWISE LIMIT THE AUTHORIZATION OF ANY
 PROVIDER TO render medical care under this chapter, or to conduct  inde-
 pendent  medical examinations in accordance with paragraph (b) of subdi-
 vision four of section thirteen-a of this  article,  [the  name  of  any
 physician who he or she shall find] SHOULD HE OR SHE FIND, after reason-
 able  investigation [is disqualified because such physician:], THAT SUCH
 PROVIDER HAS  FAILED  TO  RENDER  COMPETENT,  PROFESSIONAL,  OR  QUALITY
 MEDICAL CARE AND TREATMENT UNDER THIS CHAPTER.
   2.  A PROVIDER'S FAILURE TO PROVIDE THE STANDARD OF CARE OR HIS OR HER
 BREACH OF THE  DUTY  TO  PROVIDE  COMPETENT,  PROFESSIONAL,  OR  QUALITY
 MEDICAL  CARE  AND  TREATMENT  UNDER  THIS  CHAPTER  CAN BE FOUND IN THE
 FOLLOWING ACTS OF MISCONDUCT:
   (a) has [been guilty of] COMMITTED  professional,  MEDICAL,  or  other
 misconduct or incompetency in connection with rendering medical services
 under the law OR HAS VIOLATED ANY OF THE SPECIFIED GROUNDS FOR UNPROFES-
 SIONAL  CONDUCT  AS  MORE  FULLY SET FORTH IN THE EDUCATION LAW, SPECIF-
 ICALLY THE RULES OF THE BOARD OF REGENTS, THE OFFICE OF PROFESSIONS,  OR
 THE REGULATIONS OF THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION; or
   (b)  has  exceeded the limits of his or her professional competence in
 rendering medical care or in conducting independent medical examinations
 under the law[,] or has made materially false statements [regarding  his
 or  her  qualifications in his or her application for the recommendation
 of the medical society or board as provided  in  section  thirteen-b  of
 this article] IN CONNECTION WITH THE AUTHORIZATION AGREEMENT; or
   (c)  has  failed  to  transmit copies of medical reports to claimant's
 attorney or licensed representative as provided in  subdivision  (f)  of
 section  thirteen  of  this  article;  or  has failed to submit full and
 truthful medical reports of all his or her findings to the employer, and
 directly to the chair or the board within the time  limits  provided  in
 subdivision  four  of section thirteen-a of this article with the excep-
 tion of injuries which do not require (1) more than ordinary  first  aid
 or  more  than  two  treatments by a physician or person rendering first
 aid, or (2) loss of time from regular duties of one day beyond the work-
 ing day or shift; or
   (d) knowingly made a false statement or representation as to a materi-
 al fact in any medical report made pursuant to this chapter or in testi-
 fying or otherwise providing information for the purposes of this  chap-
 ter; or

 S. 6349                             7
 
   (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 in connection with any claim under this chapter; or
   (f)  has  refused to appear before, to testify, to submit to a deposi-
 tion, or to answer upon request of, the chair,  board,  medical  appeals
 unit or any duly authorized officer of the state, any legal question, or
 to  produce any relevant book [or], paper, OR RESPONSE concerning his or
 her conduct under any authorization [granted to him or  her  under  this
 chapter] AGREEMENT; or
   (g) has directly or indirectly [requested, received or participated in
 the division, transference, assignment, rebating, splitting or refunding
 of a fee for, or has directly or indirectly requested, received or prof-
 ited  by  means of a credit or other valuable consideration as a commis-
 sion, discount or gratuity in connection with the furnishing of  medical
 or  surgical  care,  an  independent  medical  examination, diagnosis or
 treatment or service, including X-ray examination and treatment, or  for
 or in connection with the sale, rental, supplying or furnishing of clin-
 ical  laboratory  services  or  supplies,  X-ray  laboratory services or
 supplies, inhalation therapy service or  equipment,  ambulance  service,
 hospital or medical supplies, physiotherapy or other therapeutic service
 or  equipment,  artificial  limbs, teeth or eyes, orthopedic or surgical
 appliances or  supplies,  optical  appliances,  supplies  or  equipment,
 devices  for  aid  of hearing, drugs, medication or medical supplies, or
 any other goods, services or supplies prescribed for medical  diagnosis,
 care  or  treatment, under this chapter; except that reasonable payment,
 not exceeding the technical component fee permitted in the  medical  fee
 schedule, established under this chapter for X-ray examinations, diagno-
 sis or treatment, may be made by a physician duly authorized as a roent-
 genologist  to any hospital furnishing facilities and equipment for such
 examination, diagnosis or treatment, provided  such  hospital  does  not
 also  submit  a  charge for the same services. Nothing contained in this
 paragraph shall prohibit such physicians who practice  as  partners,  in
 groups or as a professional corporation or as a university faculty prac-
 tice  corporation  from  pooling fees and moneys received, either by the
 partnership,  professional  corporation,  university  faculty   practice
 corporation or group 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 received by
 them or by the partnership, corporation or group in  accordance  with  a
 partnership  or other agreement.] WHILE TEMPORARILY SUSPENDED, BENEFITED
 FROM THE SPLITTING OR POOLING OF FEES BY MANAGING OR DIRECTING A MEDICAL
 PRACTICE EMPLOYING OR HIRING OTHER AUTHORIZED PROVIDERS TO RENDER TREAT-
 MENT UNDER THIS CHAPTER, SUPERVISED CARE AND TREATMENT UNDER THIS  CHAP-
 TER,  OR  SUBMITTED  FOR REIMBURSEMENT BOARD FORMS FOR SERVICES RENDERED
 UNDER THIS CHAPTER; OR
   (H) HAS VIOLATED ANY OF THE PROVISIONS OUTLINED IN SECTION THIRTEEN OF
 THIS SECTION, THE RULES, POLICIES, AND REGULATIONS  PROMULGATED  BY  THE
 BOARD,  THE  PROVIDER'S  MEDICAL LICENSE REQUIREMENTS, AS MORE FULLY SET
 FORTH IN THE PUBLIC HEALTH LAW AND THE EDUCATION LAW,  OR  THE  REQUIRE-
 MENTS SET FORTH IN THE AUTHORIZATION AGREEMENT; OR
   (I)  HAS  BEEN  SUBJECT  TO A CONDITION, LIMITATION, OR FINDING BY THE
 DEPARTMENT OF HEALTH IN A REPORT, DETERMINATION, OR ANY  TYPE  OF  ORDER
 RESULTING FROM ALLEGATIONS OF MISCONDUCT.

 S. 6349                             8
 
   3. [Any person who violates or attempts to violate, and any person who
 aids  another  to  violate  or  attempts  to  induce  him to violate the
 provisions of paragraph (g) of subdivision two of this section shall  be
 guilty  of a misdemeanor] ONCE SUSPENDED, REVOKED, OR LIMITED, A SURGEON
 MAY  PROVIDED  ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREAT-
 MENT TO A WORKERS'  COMPENSATION  PATIENT  RECOVERING  FROM  A  SURGICAL
 PROCEDURE  PERFORMED  WITHIN A REASONABLE TIME-FRAME PRIOR TO THE EFFEC-
 TIVE DATE OF THE PROVIDER'S AUTHORIZATION SUSPENSION OR REVOCATION.
   4. [Nothing] IN ADDITION TO THE POWER OR DUTY OF THE CHAIR  TO  TEMPO-
 RARILY  SUSPEND,  REVOKE,  OR  OTHERWISE  LIMIT  THE  AUTHORIZATION OF A
 PROVIDER IN THE EVENT THAT ONE OF THE ACTS OF PROFESSIONAL, MEDICAL,  OR
 OTHER  MISCONDUCT  IS  FOUND  TO EXIST, NOTHING in this section shall be
 construed as limiting in any respect the [power or duty of the chairman]
 CHAIR'S AUTHORITY to [investigate instances of misconduct, either before
 or after investigation by a medical society or board as herein provided,
 or to temporarily suspend the authorization of any physician that he may
 believe to be guilty of such misconduct] IMPOSE A  FINE  NOT  TO  EXCEED
 FIVE THOUSAND DOLLARS.
   [5.  Whenever  the department of health shall conduct an investigation
 with respect to charges of professional or other misconduct by a  physi-
 cian  which  results  in  a  report, determination or consent order that
 includes a finding of professional or other misconduct  or  incompetency
 by  such  physician,  the  chair  shall have full power and authority to
 temporarily suspend, revoke or otherwise limit the  authorization  under
 this  chapter  of  any  physician upon such finding by the department of
 health that the physician has  been  guilty  of  professional  or  other
 misconduct.  The  recommendations  of  the department of health shall be
 advisory to the chair only and shall not be binding or  conclusive  upon
 the chair.]
   §  3. Section 13-g of the workers' compensation law, as added by chap-
 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674  of
 the  laws  of 1994, subdivisions 2 and 3 as amended by section 4 of part
 GG of chapter 57 of the laws  of  2013,  subdivision  4  as  amended  by
 section  3 of part D of chapter 55 of the laws of 2015, subdivision 5 as
 amended by chapter 578 of the laws of 1959 and subdivision 6 as  amended
 by chapter 639 of the laws of 1996, is amended to read as follows:
   § 13-g. Payment of bills for medical care.  (1) Within forty-five days
 after  a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO SECTION
 THIRTEEN OF THIS ARTICLE has been  rendered  to  the  employer  [by  the
 hospital,  physician or self-employed physical or occupational therapist
 who has rendered treatment pursuant  to  a  referral  from  the  injured
 employee's  authorized  physician or authorized podiatrist for treatment
 to the injured employee], such employer must pay the bill or notify  the
 [hospital, physician or self-employed physical or occupational therapist
 in  writing]  MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED
 BY THE CHAIR 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 or occupa-
 tional therapist] MEDICAL CARE PROVIDER OR SUPPLIER within  such  forty-
 five  day  period  that payment is not being made, the [hospital, physi-
 cian, self-employed physical  therapist  or  self-employed  occupational
 therapist] MEDICAL CARE PROVIDER OR SUPPLIER may notify THE BOARD IN THE
 FORMAT  PRESCRIBED  BY 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 estab-
 lished fee schedules for any such bill or  part  thereof  which  remains

 S. 6349                             9
 
 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 employ-
 er,  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  or  occupational  therapist,  in accordance with the provisions of
 subdivision two or subdivision three of this  section,  as  appropriate,
 and] AS SET FORTH IN rules and regulations promulgated by the chair.
   Where  a  [physician,  physical  or  occupational  therapist] bill FOR
 MEDICAL CARE OR SUPPLIES 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]  PERCENT (1 1/2%) per month payable to the [physician, phys-
 ical or occupational therapist] MEDICAL CARE PROVIDER  OR  SUPPLIER,  in
 accordance  with  the  rules  and  regulations promulgated 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, relat-
 ing 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.
   (2) (a) If the parties fail to agree  to  the  value  of  medical  aid
 rendered  under  this chapter and the amount of the disputed bill is one
 thousand dollars or less, or if the amount of the disputed medical  bill
 exceeds  one  thousand dollars and the [health] MEDICAL care provider OR
 SUPPLIER expressly so requests, such value shall be decided by a  single
 arbitrator  process,  pursuant  to  rules promulgated by the chair. [The
 chair shall appoint a physician who is a member in good standing of  the
 medical  society of the state of New York to determine the value of such
 disputed medical bill.   Where the physician  whose  charges  are  being
 arbitrated  is  a  member  in  good standing of the New York osteopathic
 society, the value of such disputed bill shall be determined by a member
 in good standing of the New York osteopathic society  appointed  by  the
 chair.  Where  the  physician  whose  charges  are being arbitrated is a
 member in good standing of the New York homeopathic society,  the  value
 of  such  disputed bill shall be determined by a member in good standing
 of the New York homeopathic society appointed by the  chair.  Where  the
 value  of  physical therapy services or occupational therapy services is
 at issue, such value shall be determined by a member in good standing of
 a  recognized  professional  association  representing  its   respective
 profession  in  the state of New York appointed by the chair.] Decisions
 rendered under the single arbitrator process shall  be  conclusive  upon
 the parties as to the value of the services in dispute.
   (b)  If  the  parties  fail  to  agree  as to the value of medical aid
 rendered under this chapter and the amount of the disputed bill  exceeds
 one  thousand  dollars,  such  value  shall be decided by an arbitration
 committee unless the health care provider expressly  requests  a  single

 S. 6349                            10
 
 arbitrator process in accordance with paragraph (a) of this subdivision.
 The  arbitration committee shall [consist of one physician designated by
 the president of the medical society of the county in which the  medical
 services  were  rendered,  one  physician who is a member of the medical
 society of the state of New York, appointed by the employer or  carrier,
 and  one physician, also a member of the medical society of the state of
 New York, appointed by the chair of the workers' compensation board.  If
 the  physician  whose  charges  are being arbitrated is a member in good
 standing of the New York osteopathic society or the New York homeopathic
 society, the members of such arbitration committee shall  be  physicians
 of  such  organization,  one  to  be  appointed by the president of that
 organization, one by the employer or carrier and the third by the  chair
 of  the workers' compensation board. Where the value of physical therapy
 services is at issue and the amount of the  disputed  bill  exceeds  one
 thousand dollars, the arbitration committee shall consist of a member in
 good  standing  of  a  recognized  professional association representing
 physical therapists in the state of New York appointed by the  president
 of  such organization, a physician designated by the employer or carrier
 and a physician designated by the chair  of  the  workers'  compensation
 board provided however, that the chair finds that there are a sufficient
 number of physical therapy arbitrations in a geographical area comprised
 of  one  or  more  counties  to warrant a committee so comprised. In all
 other cases where the value of physical therapy services is at issue and
 the amount of the disputed bill exceeds one thousand dollars, the  arbi-
 tration  committee shall be similarly selected and identical in composi-
 tion, provided that the physical therapist member  shall  serve  without
 remuneration,  and  provided further that in the event a physical thera-
 pist is not available, the committee shall be comprised of three  physi-
 cians  designated  in  the  same  manner  as in cases where the value of
 medical aid is at issue.
   (c) Where the value of occupational therapy services is at  issue  the
 arbitration  committee  shall  consist of a member in good standing of a
 recognized professional association representing occupational therapists
 in the state of New York appointed by the president  of  such  organiza-
 tion;  a physician designated by the employer or carrier and a physician
 designated by the chair of the  workers'  compensation  board  provided,
 however,  that  the  chair  finds  that there are a sufficient number of
 occupational therapy arbitrations in a geographical  area  comprised  of
 one  or more counties to warrant a committee so comprised.  In all other
 cases where the value of occupational therapy services is at  issue  and
 the  amount of the disputed bill exceeds one thousand dollars, the arbi-
 tration committee shall be similarly selected and identical in  composi-
 tion,  provided that the occupational therapist member shall serve with-
 out remuneration, and provided further that in the event an occupational
 therapist is not available, the committee shall be  comprised  of  three
 physicians  designated in the same manner as in cases where the value of
 medical aid is at issue.] HAVE THREE MEMBERS DESIGNATED BY THE CHAIR  IN
 CONSTITUTION  WITH THE MEDICAL DIRECTOR'S OFFICE OF THE WORKERS' COMPEN-
 SATION BOARD. The majority decision of any  such  arbitration  committee
 shall  be conclusive upon the parties as to the value of the services in
 dispute.
   (3) [(a) If an employer shall have notified the hospital  in  writing,
 as  provided  in  subdivision  one of this section, why the bill has not
 been paid, in part or in full, and the amount of the  disputed  bill  is
 one  thousand  dollars  or  less,  or  where  the amount of the disputed
 medical bill exceeds one thousand dollars and the hospital expressly  so

 S. 6349                            11

 requests,  such  value  shall be decided by a single arbitrator process,
 pursuant to rules promulgated by the chair. The chair  shall  appoint  a
 physician  in  good  standing  licensed to practice in New York state to
 determine  the value of such disputed bill. Decisions rendered under the
 administrative resolution procedure shall be conclusive upon the parties
 as to the value of the services in dispute.
   (b) If an employer shall have notified the  hospital  in  writing,  as
 provided  in  subdivision one of this section, why the bill has not been
 paid, in part or in full, and the amount of the  disputed  bill  exceeds
 one  thousand  dollars, the value of such bill shall be determined by an
 arbitration committee appointed by the chair  for  that  purpose,  which
 committee  shall consider all of the charges of the hospital, unless the
 hospital expressly requests a  single  arbitrator  process  pursuant  to
 paragraph  (a) of this subdivision. The committee shall consist of three
 physicians. One member of the committee may be nominated  by  the  chair
 upon  recommendation of the president of the hospital association of New
 York state and one member may be nominated by the employer or  insurance
 carrier. The majority decision of any such committee shall be conclusive
 upon the parties as to the value of the services rendered. The chair may
 make  reasonable rules and regulations consistent with the provisions of
 this section.
   (4)] A provider initiating an arbitration, including a single arbitra-
 tor process, pursuant to this section shall not pay a fee to  cover  the
 costs  related  to  the  conduct of such arbitration. [Each member of an
 arbitration committee for medical bills, and each  member  of  an  arbi-
 tration  committee  for  hospital bills shall be entitled to receive and
 shall be paid a fee for each day's attendance at an arbitration  session
 in any one count in an amount fixed by the chair of the workers' compen-
 sation board.
   (5)]  (4)  In  claims  where the employer has failed to secure compen-
 sation to his employees as required by section fifty  of  this  chapter,
 the  board  may  make  an  award for the value of medical [and podiatry]
 services, SUPPLIES or treatment rendered to such employees,  in  accord-
 ance  with  the  schedules  of fees and charges prepared and established
 under the provisions of [section thirteen, subdivision  a,  and  section
 thirteen-k,  subdivision  two, of] this chapter[, and for the reasonable
 value of hospital care in accordance with the charges currently in force
 in  hospitals  in  the  same  community  for  cases  coming  within  the
 provisions of this chapter]. Such award shall be made to the [physician,
 podiatrist,  or  hospital]  MEDICAL  CARE  PROVIDER OR SUPPLIER entitled
 thereto. A default in the payment of such award may be enforced  in  the
 manner  provided for the enforcement of compensation awards as set forth
 in section twenty-six of this [chapter] ARTICLE.
   In all cases coming under this subdivision the payment  of  the  claim
 [of  the  physician,  podiatrist,  or hospital for medical, podiatry, or
 surgical services or treatment] FOR MEDICAL CARE OR  SUPPLIES  shall  be
 subordinate to that of the claimant or his OR HER beneficiaries.
   [(6)  Notwithstanding  any  inconsistent provision of law, arbitration
 regarding payments for  inpatient  hospital  services  for  any  patient
 discharged  on  or  after January first, nineteen hundred ninety-one and
 prior to December thirty-first, nineteen  hundred  ninety-six  shall  be
 resolved  in  accordance  with  paragraph  (d)  of  subdivision three of
 section twenty-eight hundred seven-c of the public health law.]
   § 4. Subdivisions 1 and 2 and paragraphs (a) and (b) of subdivision  3
 of  section  13-k  of  the  workers' compensation law, subdivisions 1 as
 added by chapter 787 of the laws of 1952 and  subdivision  2  and  para-

 S. 6349                            12
 
 graphs  (a)  and  (b)  of subdivision 3 as amended by chapter 473 of the
 laws of 2000, are amended to read as follows:
   1. When the term "chairman" is hereinafter used, it shall be deemed to
 mean the [chairman] CHAIR of the [workmen's] WORKERS' compensation board
 of the state of New York.
   2.  An  employee  injured  under  circumstances which make such injury
 compensable under this article, when care is required for an  injury  to
 the  foot  which injury or resultant condition therefrom may lawfully be
 treated by a duly registered and licensed podiatrist of the state of New
 York, may select to treat him or her any podiatrist  authorized  by  the
 chair to render podiatry care, as hereinafter provided. If the injury or
 condition is one which is without the limits prescribed by the education
 law  for  podiatry  care  and treatment, or the injuries involved affect
 other parts of the body in addition to the  foot,  the  said  podiatrist
 must  so  advise  the  said  injured employee and instruct him or her to
 consult a physician of said employee's choice for appropriate  care  and
 treatment.  Such physician shall thenceforth have overall supervision of
 the treatment of said patient  including  the  future  treatment  to  be
 administered  to the patient by the podiatrist. If for any reason during
 the period when podiatry treatment and care is  required,  the  employee
 wishes  to  transfer his or her treatment and care to another authorized
 podiatrist he or she may do so, in accordance with rules  prescribed  by
 the  chair,  provided  however that the employer shall be liable for the
 proper fees of the original podiatrist for the care and treatment he  or
 she  shall have rendered. [A podiatrist licensed and registered to prac-
 tice podiatry in the state of New York who is desirous of being  author-
 ized  to render podiatry care under this section and/or to conduct inde-
 pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
 subdivision three of this section shall file an application for authori-
 zation under this section with the podiatry practice committee.  In such
 application  he or she shall agree to refrain from subsequently treating
 for remuneration, as a private  patient,  any  person  seeking  podiatry
 treatment,  or  submitting  to  an  independent  medical examination, 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 podiatrists
 authorized to render podiatry care or  to  conduct  independent  medical
 examinations under this chapter, or if the person seeking such treatment
 has  been  transferred  from  his  or  her  care  in accordance with the
 provisions of this section. This agreement shall run to the  benefit  of
 the injured person so treated or examined, and shall be available to him
 or  her  as  a  defense in any action by such podiatrist for payment for
 treatment rendered by a podiatrist after he or she has been removed from
 the list of podiatrists authorized to render podiatry care or to conduct
 independent medical  examinations  under  this  section,  or  after  the
 injured  person  was transferred from his or her care in accordance with
 the provisions of this section. The podiatry practice  committee  if  it
 deems  such  licensed  podiatrist  duly qualified shall recommend to the
 chair that such podiatrist be authorized to render podiatry care  and/or
 to  conduct  independent  medical  examinations under this section. Such
 recommendation shall be advisory to the chair  only  and  shall  not  be
 binding  or  conclusive  upon  him  or her.] The chair shall prepare and
 establish a schedule for the state,  or  schedules  limited  to  defined
 localities,  of  charges and fees for podiatry treatment and care, 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

 S. 6349                            13

 podiatry  practice  committee  to  submit  to him or her a report on the
 amount of remuneration deemed by such committee to be fair and  adequate
 for  the  types  of podiatry care 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.
   (a)  No  claim  for  podiatry  care  or  treatment  shall be valid and
 enforceable as against the employer or  employee  unless  within  forty-
 eight  hours  following  the  first treatment the podiatrist giving such
 care or treatment furnish to the employer and directly to  the  chair  a
 preliminary  notice  of  such  injury and treatment, within fifteen days
 thereafter a  more  complete  report  and  subsequent  thereto  progress
 reports  as requested in writing by the chair, board, employer or insur-
 ance 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.
   (b) Upon receipt of the notice provided for by paragraph (a)  of  this
 subdivision,  the  employer,  the carrier and the claimant each shall be
 entitled to have the claimant examined by a qualified podiatrist author-
 ized by the chair in accordance with [subdivision two of  this]  section
 THIRTEEN-B  and  section  one hundred thirty-seven of this chapter, at a
 medical facility convenient to the claimant and in the presence  of  the
 claimant's  podiatrist,  and  refusal  by the claimant to submit to such
 independent medical examination at such time or times as may  reasonably
 be  necessary  in  the  opinion of the board shall bar the claimant from
 recovering compensation for any  period  during  which  he  or  she  has
 refused to submit to such examination.
   §  5. Subdivisions 1 and 2 and paragraphs (a) and (b) of subdivision 3
 of section 13-l of the workers' compensation law, subdivision 1 as added
 by chapter 940 of the laws of 1973 and subdivision 2 and paragraphs  (a)
 and  (b) of subdivision 3 as amended by chapter 473 of the laws of 2000,
 are amended to read as follows:
   1. Where the term "chairman" is hereinafter used, it shall  be  deemed
 to  mean  the  [chairman] CHAIR of the [workmen's] WORKERS' compensation
 board of the state of New York.
   2. An employee injured under  circumstances  which  make  such  injury
 compensable  under  this  article,  when  care is required for an injury
 which consists solely of a condition which may lawfully be treated by  a
 chiropractor  as  defined in section sixty-five hundred fifty-one of the
 education law may select to treat him or her, any  duly  registered  and
 licensed  chiropractor of the state of New York, authorized by the chair
 to render chiropractic care as hereinafter provided. If  the  injury  or
 condition is one which is outside the limits prescribed by the education
 law  for  chiropractic care and treatment, the said chiropractor must so
 advise the said injured employee and instruct him or her  to  consult  a
 physician  of said employee's choice for appropriate care and treatment.
 Such physician shall thenceforth have supervision of  the  treatment  of
 said  condition including the future treatment to be administered to the
 patient by the chiropractor. [A chiropractor licensed and registered  to
 practice chiropractic in the state of New York, who is desirous of being
 authorized  to  render  chiropractic  care  under this section and/or to
 conduct independent medical examinations in  accordance  with  paragraph
 (b)  of  subdivision three of this section shall file an application for
 authorization under this section with the chiropractic practice  commit-
 tee.  In  such  application he or she shall agree to refrain from subse-

 S. 6349                            14

 quently treating for remuneration, as  a  private  patient,  any  person
 seeking  chiropractic treatment, or submitting to an independent medical
 examination, in connection with, or as a result of, any injury compensa-
 ble  under  this chapter, if he or she has been removed from the list of
 chiropractors authorized to render chiropractic care or to conduct inde-
 pendent medical examinations under this chapter, or if the person  seek-
 ing  such treatment has been transferred from his or her care in accord-
 ance with the provisions of this section. This agreement  shall  run  to
 the  benefit of the injured person so treated, or examined, and shall be
 available to him or her as a defense in any action by such  chiropractor
 for  payment rendered by a chiropractor after he or she has been removed
 from the list of chiropractors authorized to render chiropractic care or
 to conduct independent medical examinations under this section, or after
 the injured person was transferred from his or her  care  in  accordance
 with the provisions of this section. The chiropractic practice committee
 if it deems such licensed chiropractor duly qualified shall recommend to
 the  chair that such be authorized to render chiropractic care and/or to
 conduct independent medical examinations under this section. Such recom-
 mendations shall be advisory to the chair only and shall not be  binding
 or  conclusive upon him or her.] The chair shall prepare and establish a
 schedule for the state, or schedules limited to  defined  localities  of
 charges  and  fees for chiropractic treatment and care, to be determined
 in accordance with and to be subject to change pursuant to rules promul-
 gated by the chair.  Before preparing such schedule  for  the  state  or
 schedules  for limited localities the chair shall request the chiroprac-
 tic practice committee to submit to him or her a report on the amount of
 remuneration deemed by such committee to be fair and  adequate  for  the
 types  of  chiropractic  care  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.
   (a) No claim for chiropractic care or treatment  shall  be  valid  and
 enforceable  as  against  the employer or employees unless within forty-
 eight hours following the first treatment the chiropractor  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 insur-
 ance 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.
   (b) Upon receipt of the notice provided for by paragraph (a)  of  this
 subdivision,  the  employer, the carrier, and the claimant each shall be
 entitled to have the  claimant  examined  by  a  qualified  chiropractor
 authorized  by  the  chair  in accordance with [subdivision two of this]
 section THIRTEEN-B and section one hundred thirty-seven of this  chapter
 at  a medical facility convenient to the claimant and in the presence of
 the claimant's chiropractor, and refusal by the claimant  to  submit  to
 such  independent  medical  examination  at  such  time  or times as may
 reasonably be necessary in the opinion of the board shall bar the claim-
 ant from recovering compensation, for any period during which he or  she
 has refused to submit to such examination.
   § 6. Subdivisions 1, 2 and 3 and paragraphs (a) and (b) of subdivision
 4 of section 13-m of the worker's compensation law, subdivisions 1 and 2
 as  added by chapter 589 of the laws of 1989 and subdivision 3 and para-

 S. 6349                            15
 
 graphs (a) and (b) of subdivision 4 as amended by  chapter  473  of  the
 laws of 2000, are amended to read as follows:
   1.  Where  the term "chairman" is hereinafter used, it shall be deemed
 to mean the [chairman] CHAIR of the workers' compensation board  of  the
 state of New York.
   2.  (a)  An  injured  employee, injured under circumstances which make
 such injury compensable under this article, may  lawfully  be  treated[,
 upon  the  referral of an authorized physician,] by a psychologist, duly
 registered and licensed by the state of  New  York,  authorized  by  the
 chairman  to  render psychological care pursuant to [this] section THIR-
 TEEN-B OF THIS ARTICLE. Such services shall be within the scope of  such
 psychologist's  specialized  training  and  qualifications as defined in
 article one hundred fifty-three of the education law.
   (b) Medical bureaus, medical centers jointly  operated  by  labor  and
 management  representatives,  hospitals and health maintenance organiza-
 tions, authorized to provide medical care pursuant to section thirteen-c
 of this [chapter]  ARTICLE,  may  provide  psychological  services  when
 required[,  upon  the referral of an authorized physician, provided such
 care is rendered by a duly registered, licensed and authorized  psychol-
 ogist, as required by this section].
   (c)  A  psychologist  rendering service pursuant to this section shall
 maintain records of the patient's psychological condition and treatment,
 and such records or reports shall be submitted to the  [chairman]  CHAIR
 on such forms and at such times as the [chairman] CHAIR may require.
   3.  [A psychologist, licensed and registered to practice psychology in
 the state of New York, who is desirous of  being  authorized  to  render
 psychological  care  under  this  section  and/or to conduct independent
 medical examinations in accordance with  paragraph  (b)  of  subdivision
 four  of  this section shall file an application for authorization under
 this section with the psychology practice committee. The applicant shall
 agree to refrain from  subsequently  treating  for  remuneration,  as  a
 private  patient, any person seeking psychological treatment, or submit-
 ting to an independent medical examination, 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 psychologists authorized to render psycho-
 logical care 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 psychologist for payment for  treatment  rendered  by
 such  psychologist  after  being  removed from the list of psychologists
 authorized to  render  psychological  care  or  to  conduct  independent
 medical examinations under this section. The psychology practice commit-
 tee  if  it deems such licensed psychologist duly qualified shall recom-
 mend to the chair that such person be authorized to render psychological
 care and/or to  conduct  independent  medical  examinations  under  this
 section.  Such  recommendations  shall be only advisory to the chair and
 shall not be binding or conclusive.] The chair shall prepare and  estab-
 lish a schedule for the state or schedules limited to defined localities
 of  charges  and fees for psychological treatment and care, to be deter-
 mined 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 psychol-
 ogy 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  psychological  care  to  be  rendered under this chapter, but
 consideration shall be given to the view of  other  interested  parties.

 S. 6349                            16
 
 The  amounts  payable  by  the  employer for such treatment and services
 shall be the fees and charges established by such schedule.
   (a)  No  claim  for psychological care or treatment shall be valid and
 enforceable as against the employer or employees  unless  within  forty-
 eight  hours  following the first treatment the psychologist 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  insur-
 ance 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.
   (b)  Upon  receipt of the notice provided for by paragraph (a) of this
 subdivision, the employer, the carrier, and the claimant each  shall  be
 entitled  to  have  the  claimant  examined by a qualified psychologist,
 authorized by the chair in accordance with [subdivision three  of  this]
 section THIRTEEN-B and section one hundred thirty-seven of this chapter,
 at  a medical facility convenient to the claimant and in the presence of
 the claimant's psychologist, and refusal by the claimant  to  submit  to
 such  independent  medical  examination  at  such  time  or times as may
 reasonably be necessary in the opinion of the board shall bar the claim-
 ant from recovering compensation, for any period during which he or  she
 has refused to submit to such examination.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.