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Senate Bill S8794

2017-2018 Legislative Session

Ensures timely access to high-quality medical care

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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2017-S8794 (ACTIVE) - Details

See Assembly Version of this Bill:
A10903
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: A2679
2021-2022: A2066

2017-S8794 (ACTIVE) - Summary

Ensures timely access to high-quality medical care; clarifies the appropriate use of medical treatment guidelines; requires access to addiction or dependency services.

2017-S8794 (ACTIVE) - Sponsor Memo

2017-S8794 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8794
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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  ensuring
   timely access to high-quality medical care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5 of section 13-a of the workers'  compensation
 law,  as amended by chapter 6 of the laws of 2007 and as further amended
 by section 104 of part A of chapter 62 of the laws of 2011,  is  amended
 to read as follows:
   (5)  No  claim  for  specialist  consultations,  surgical  operations,
 physiotherapeutic or occupational therapy procedures, x-ray examinations
 or special diagnostic laboratory tests costing more than [one] TWO thou-
 sand dollars shall be valid and enforceable, as against  such  employer,
 unless  such special services shall have been authorized by the employer
 or by the board, or unless  such  authorization  has  been  unreasonably
 withheld,  or withheld for a period of more than [thirty] SEVEN calendar
 days from receipt of a request for authorization, or unless such special
 services are required in an emergency, provided, however, that the basis
 for a denial of such authorization by the employer must be  based  on  a
 conflicting  second  opinion  rendered  by a physician authorized by the
 board. The board, with the approval of the superintendent  of  financial
 services,  shall  issue and maintain a list of pre-authorized procedures
 under this section. SUCH LIST  OF  PRE-AUTHORIZED  PROCEDURES  SHALL  BE
 ISSUED  AND  MAINTAINED  FOR  THE PURPOSE OF EXPEDITING AUTHORIZATION OF
 TREATMENT OF INJURED WORKERS. SUCH  LIST  OF  PRE-AUTHORIZED  PROCEDURES
 SHALL NOT BE CONSTRUED OR RELIED UPON TO SUPPORT THE PREMISE THAT PROCE-
 DURES  NOT INCLUDED ON THE PRE-AUTHORIZED LIST SHOULD BE DENIED. PRE-AU-
 THORIZED PROCEDURES SHALL NOT BE GIVEN PREFERENCE OVER ALTERNATIVE FORMS
 OF TREATMENT THAT ARE NOT ON THE PRE-AUTHORIZED  PROCEDURES  LIST.  SUCH
 LIST MUST INCLUDE CONCURRENT ENROLLMENT IN AN ADDICTION AND/OR DEPENDEN-
 CY TREATMENT PROGRAM FOR ALL INJURED WORKERS SUBJECT TO OPIOID WEANING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14815-01-8

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