S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8387
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  extending
   the authority of the board to resolve medical bill disputes
 
   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 and subdivi-
 sions 1 and 2 as amended by chapter 473 of the laws of 2000 and subdivi-
 sion 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.] AS USED IN THIS TITLE, THE FOLLOWING DEFI-
 NITIONS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13065-02-7

 A. 8387                             2
 
 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 A CLAIMANT OR CLAIMANTS INJURED IN  THE
 COURSE  OF  THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAM-
 INATIONS.
   (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) "DENTIST" SHALL MEAN LICENSED AND  HAVING  COMPLETED  A  FOUR-YEAR
 COURSE  OF  STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR AN EQUIVALENT
 DEGREE, IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING  REQUIRE-
 MENTS OF THE COMMISSIONER OF EDUCATION.
   (F)  "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED, THE
 INSURANCE CARRIER.
   (G)  "INDEPENDENT  MEDICAL  EXAMINATION"  SHALL  MEAN  AN  EXAMINATION
 PERFORMED  BY  A  MEDICAL  PROVIDER,  AUTHORIZED  UNDER  THIS SECTION TO
 PERFORM SUCH EXAMINATION, FOR THE PURPOSE  OF  EXAMINING  OR  EVALUATING
 INJURY  OR  ILLNESS  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION FOUR OF
 SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  CHAPTER
 AND AS MORE FULLY SET FORTH IN REGULATION.
   (H) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
 NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
 TION LAW.
   (I)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING A BACH-
 ELOR'S OR MASTER'S DEGREE IN  OCCUPATIONAL  THERAPY  FROM  A  REGISTERED
 PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
 RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
 STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (J) "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.
   (K)  "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.
   (L)  "PHYSICIAN'S  ASSISTANT"  SHALL  MEAN A LICENSED PROVIDER WHO HAS
 GRADUATED FROM A TWO- TO FOUR-YEAR STATE-APPROVED PHYSICIAN'S  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 COMMISSION-
 ER OF EDUCATION.
   (M) "PODIATRIST" SHALL MEAN LICENSED AS  HAVING  RECEIVED  A  DOCTORAL
 DEGREE IN PODIATRY IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSION-

 A. 8387                             3
 
 ER  OF EDUCATION AND THE EDUCATION LAW, AND MUST SATISFACTORILY MEET ALL
 OTHER REQUIREMENTS OF THE STATE BOARD FOR PODIATRY.
   (N) "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.
   (O)  "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
 ACCORDANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE  STATE  BOARD
 FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
   (P)  "SOCIAL  WORKER"  SHALL MEAN A LICENSED CLINICAL SOCIAL WORKER. A
 LICENSED CLINICAL SOCIAL WORKER  HAS  COMPLETED  A  MASTER'S  DEGREE  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 REGU-
 LATIONS OF THE COMMISSIONER OF EDUCATION.
   2. No person shall render medical care or conduct independent  medical
 examinations under this chapter without such authorization by the chair,
 provided, that:
   (a)  Any [physician] PROVIDER licensed [to practice medicine] PURSUANT
 TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE TREATMENT in the  state  of
 New  York  may render emergency [medical] care AND TREATMENT IN AN EMER-
 GENCY 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)  Under  the [active and personal] DIRECT supervision of an author-
 ized [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  qualifica-
 tions.  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] IN THE FORMAT
 PRESCRIBED BY THE CHAIR 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.

 A. 8387                             4

   (f)] 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.] (E) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN,
 OR NURSE PRACTITIONER ACTING WITHIN THE SCOPE OF HIS  OR  HER  PRACTICE,
 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
 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 OR NURSE PRAC-
 TITIONER. SAID RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS  AND  AT
 SUCH TIMES AS THE CHAIR MAY REQUIRE.
   (F)  A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL
 THERAPIST, ACUPUNCTURIST OR PHYSICIAN'S ASSISTANT SHALL NOT  BE  CONSID-
 ERED  AS  EVIDENCE  OF (1) THE CAUSAL RELATIONSHIP OF ANY CONDITION TO A
 WORK RELATED ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER OR  (2)
 THE  PRESENCE  OF A DISABILITY OR THE DEGREE THEREOF. NOR MAY A PHYSICAL
 THERAPIST, OCCUPATIONAL THERAPIST, ACUPUNCTURIST OR PHYSICIAN'S  ASSIST-
 ANT  PERFORM AN INDEPENDENT MEDICAL EXAMINATION CONCERNING A CLAIM UNDER
 THIS CHAPTER.
   (G) A NURSE PRACTITIONER, OR LICENSED  CERTIFIED  SOCIAL  WORKER,  MAY
 PERFORM  AN  INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF A CARRIER ONLY
 TO THE EXTENT THAT THE EXAMINATION CONCERNS  TREATMENT  RENDERED  BY  AN
 IDENTICAL  PROVIDER  TYPE,  BUT  MAY  NOT PERFORM AN INDEPENDENT MEDICAL
 EXAMINATION ON BEHALF OF THE CARRIER CONCERNING (1) THE CAUSAL RELATION-
 SHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL DISEASE
 UNDER THIS CHAPTER OR (2) THE PRESENCE OF A  DISABILITY  OR  THE  DEGREE
 THEREOF.
   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. PRIOR  TO  RECEIVING  AUTHORI-
 ZATION,  A PHYSICIAN MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO
 THE CHAIR, SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE  COUNTY
 IN  WHICH  THE PHYSICIAN'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY
 SUCH COUNTY SOCIETY OR OF A BOARD REPRESENTING DULY LICENSED  PHYSICIANS

 A. 8387                             5
 
 OF  ANY  OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT THE
 RECOMMENDATION TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY  OR  BOARD
 FAILS  TO  TAKE  ACTION UPON A PHYSICIAN'S APPLICATION WITHIN FORTY-FIVE
 DAYS,  THE  CHAIR  MAY  COMPLETE  REVIEW OF THE APPLICATION WITHOUT SUCH
 APPROVAL. UPON APPROVAL OF THE AGREEMENT BY THE CHAIR OR CHAIR'S  DESIG-
 NEE  THE  PROVIDER AGREES TO ABIDE BY THE TERMS, CONDITIONS, AND LIMITA-
 TIONS OUTLINED IN THE AUTHORIZATION AGREEMENT, INCLUDING, BUT NOT LIMIT-
 ED 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
 authorized to render medical care  or  to  conduct  independent  medical
 examinations  under this chapter, or after the injured person was trans-
 ferred 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 authorized to render medical care and/or conduct inde-
 pendent medical examinations 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, 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 chapter, 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.

 A. 8387                             6

   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]  WORKERS
 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 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
 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]
 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

 A. 8387                             7
 
 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 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
   (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,

 A. 8387                             8

 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
 BY  MANAGING  OR  DIRECTING A MEDICAL PRACTICE EMPLOYING OR HIRING OTHER
 AUTHORIZED PROVIDERS TO RENDER TREATMENT UNDER THIS CHAPTER,  SUPERVISED
 CARE  AND  TREATMENT  UNDER THIS CHAPTER, 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 ARTICLE, 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.
   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 PROVIDE ONLY REQUIRED AND NECESSARY POST-SURGICAL CARE AND TREATMENT
 TO A WORKERS' COMPENSATION PATIENT RECOVERING FROM A SURGICAL  PROCEDURE
 PERFORMED  WITHIN A REASONABLE TIME-FRAME PRIOR TO THE EFFECTIVE 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

 A. 8387                             9

 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
 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

 A. 8387                            10
 
 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
 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

 A. 8387                            11

 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
 CONSULTATION WITH THE MEDICAL DIRECTOR'S OFFICE OF THE BOARD. The major-
 ity 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
 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

 A. 8387                            12

 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, paragraph (b) of subdivision  3  and  para-
 graph  (a) of subdivision 6 of section 13-k of the workers' compensation
 law, subdivision 1 as added by chapter 787 of the laws of 1952, subdivi-
 sion 2 and paragraph (b) of subdivision 3 as amended by chapter  473  of
 the  laws  of  2000  and  paragraph  (a)  of subdivision 6 as amended by
 section 5 of part GG of chapter 57 of the laws of 2013, 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-

 A. 8387                            13

 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
 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.
   (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.
   (a)  The  provisions  of  subdivisions  one and [three] TWO of section
 thirteen-g of this article with respect to the conditions under which  a
 hospital,  physician or self-employed physical or occupational therapist
 may request payment or arbitration of a bill, or under  which  an  award
 may  be  made  for  payment  of  such bill, shall be applicable to bills
 rendered by a podiatrist for services rendered to an injured employee.
   § 5. Subdivisions 1 and 2, paragraph (b) of subdivision  3  and  para-
 graph  (a) of subdivision 6 of section 13-l of the workers' compensation

 A. 8387                            14
 
 law, subdivision 1 as added by chapter 940 of the laws of 1973, subdivi-
 sion 2 and paragraph (b) of subdivision 3 as amended by chapter  473  of
 the  laws  of  2000  and  paragraph  (a)  of subdivision 6 as amended by
 section  6  of part GG of chapter 57 of the laws of 2013, 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-
 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

 A. 8387                            15
 
 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.
   (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.
   (a) The provisions of subdivisions one  and  [three]  TWO  of  section
 thirteen-g  of this article with respect to the conditions under which a
 hospital, physician or self-employed physical or occupational  therapist
 may  request  payment  or arbitration of a bill, or under which an award
 may be made for payment of such  bill,  shall  be  applicable  to  bills
 rendered by a chiropractor for services rendered to an injured employee.
   § 6. Subdivisions 1, 2 and 3, paragraph (b) of subdivision 4 and para-
 graphs  (a)  and  (d)  of  subdivision 7 of section 13-m of the workers'
 compensation law, subdivisions 1 and 2 as added by chapter  589  of  the
 laws  of  1989,  subdivision  3  and  paragraph  (b) of subdivision 4 as
 amended by chapter 473 of the laws of 2000 and paragraphs (a) and (d) of
 subdivision 7 as amended by section 7 of part GG of chapter  57  of  the
 laws of 2013, 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] CHAIR to render psychological care pursuant to [this] section
 THIRTEEN-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

 A. 8387                            16

 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.
 The amounts payable by the employer  for  such  treatment  and  services
 shall be the fees and charges established by such schedule.
   (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.
   (a)  The  provisions  of  subdivisions  one and [three] TWO of section
 thirteen-g of this article with respect to the conditions under which  a
 hospital,  physician or self-employed physical or occupational therapist
 may request payment or arbitration of a bill, or under  which  an  award
 may  be  made  for  payment  of  such bill, shall be applicable to bills
 rendered by a psychologist for services rendered to an injured employee.
   (d) 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 in the same manner as an award for bills  rendered  under
 subdivisions  one and [three] TWO of section thirteen-g of this article,
 and such award may be collected in like manner as an  award  of  compen-
 sation.    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. Where a psychologist's 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 percent per month payable to the psychologist in
 accordance with the rules and regulations promulgated by the board.

 A. 8387                            17
 
   § 7. Paragraph (a) of subdivision 1 of section 26-a  of  the  workers'
 compensation  law,  as  amended  by  chapter 316 of the laws of 1991, is
 amended to read as follows:
   (a)  Notwithstanding any other provision of this chapter, when a claim
 for compensation is filed by an employee, or in case  of  death  by  the
 employee's dependents, and the employer has failed to secure the payment
 of  compensation  in  accordance  with section fifty of this chapter, to
 make deposit of security in accordance with section twenty-six  of  this
 chapter  and to make payment of compensation into the fund created under
 this section according to the terms  of  any  award  including,  without
 limitation,  awards  made pursuant to subdivision [five] FOUR of section
 thirteen-g, subdivision two of section thirteen-f, subdivision  five  of
 section  thirteen-k, subdivision five of section thirteen-l and subdivi-
 sion six of section thirteen-m of this article,  payment  of  the  award
 shall  be  promptly  made  from  the  fund created under this section in
 accordance with the terms thereof  and  the  provisions  of  subdivision
 three  of  this  section. The employer shall be liable with the fund for
 payment of the award. Where the employer is a corporation the president,
 secretary and treasurer thereof shall also be  personally,  jointly  and
 severally  liable  with  the  corporation  for payment of the award. The
 employer shall pay the award into the fund, in accordance with the  time
 limitations contained in section twenty-five of this article.
   §  8.  Section  54-b  of  the workers' compensation law, as amended by
 chapter 6 of the laws of 2007, is amended to read as follows:
   § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
 default  by  a  carrier  or  self-insured employer in the payment of any
 compensation due under an award for the  period  of  thirty  days  after
 payment  is  due  and payable, or in the case of failure by a carrier or
 self-insured employer to make full payment of an award for medical  care
 OR  SUPPLIES  issued by the board or the chair pursuant to section thir-
 teen-g of this chapter, the chair in any such case  or  on  the  chair's
 consent  any  party  to  an award may file with the county clerk for the
 county in which the injury occurred or the county in which  the  carrier
 or self-insured employer has his or her principal place of business, (1)
 a  certified  copy of the decision of the board awarding compensation or
 ending, diminishing or increasing compensation previously awarded,  from
 which  no  appeal has been taken within the time allowed therefor, or if
 an appeal has been taken by a carrier or self-insured employer  who  has
 not complied with the provisions of section fifty of this article, where
 he  or  she  fails  to deposit with the chair the amount of the award as
 security for its payment within ten days after the same is due and paya-
 ble, or (2) a certified copy of the award for medical care  OR  SUPPLIES
 issued  pursuant  to  section  thirteen-g of this chapter, and thereupon
 judgment must be entered in the supreme court by the clerk of such coun-
 ty in conformity therewith immediately upon such filing. If the  payment
 in default be an installment, the board may declare the entire award due
 and  judgment  may  be entered in accordance with the provisions of this
 section. Such judgment shall be entered in the  same  manner,  have  the
 same effect and be subject to the same proceedings as though rendered in
 a  suit  duly  heard and determined by the supreme court, except that no
 appeal may be taken therefrom. The court shall  vacate  or  modify  such
 judgment  to  conform  to  any later award or decision of the board upon
 presentation of a certified copy of such award or  decision.  The  award
 may be so compromised by the board as in the discretion of the board may
 best  serve  the interest of the persons entitled to receive the compen-
 sation or benefits. Where an award has been made against  a  carrier  or

 A. 8387                            18
 
 self-insured  employer  in accordance with the provisions of subdivision
 nine of section fifteen, or of section twenty-five-a  of  this  chapter,
 such  an award may be similarly compromised by the board, upon notice to
 a representative of the fund to which the award is payable, but if there
 be  no  representative  of  any such fund, notice shall be given to such
 representative as may be designated by  the  chair  of  the  board;  and
 notwithstanding  any  other  provision  of law, such compromise shall be
 effective without the necessity of  any  approval  by  the  state  comp-
 troller.  Neither  the chair nor any party in interest shall be required
 to pay any fee to any public officer for filing or recording  any  paper
 or  instrument  or  for issuing a transcript of any judgment executed in
 pursuance of this section. The carrier or self-insured employer shall be
 liable for all costs and attorneys fees necessary to enforce the  award.
 For  the  purposes of this section, the term "carrier" shall include the
 state insurance fund and any stock corporation,  mutual  corporation  or
 reciprocal  insurer  authorized  to  transact  the  business of workers'
 compensation insurance in this state.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8387--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW, TAYLOR, D'URSO, GOTTFRIED, STECK, McDO-
   NALD -- Multi-Sponsored by -- M. of A.  PALMESANO  --  read  once  and
   referred  to the Committee on Labor -- recommitted to the Committee on
   Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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] PROVIDERS, 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 designated 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 subdivi-
 sion 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
 physicians, 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

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

                                                            LBD13065-03-8

 A. 8387--A                          2

 the medical appeals unit.]  No  person  shall  render  medical  care  or
 conduct independent medical examinations under this chapter without such
 authorization  by  the  chair[,  provided, that:   (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 A CLAIMANT OR CLAIMANTS INJURED IN  THE
 COURSE  OF  THEIR EMPLOYMENT AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAM-
 INATIONS.
   (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) "DENTIST" SHALL MEAN LICENSED AND  HAVING  COMPLETED  A  FOUR-YEAR
 COURSE  OF  STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR AN EQUIVALENT
 DEGREE, IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING  REQUIRE-
 MENTS OF THE COMMISSIONER OF EDUCATION.
   (F)  "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED, THE
 INSURANCE CARRIER.
   (G)  "INDEPENDENT  MEDICAL  EXAMINATION"  SHALL  MEAN  AN  EXAMINATION
 PERFORMED  BY  A  MEDICAL  PROVIDER,  AUTHORIZED  UNDER  THIS SECTION TO
 PERFORM SUCH EXAMINATION, FOR THE PURPOSE  OF  EXAMINING  OR  EVALUATING
 INJURY  OR  ILLNESS  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION FOUR OF
 SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  CHAPTER
 AND AS MORE FULLY SET FORTH IN REGULATION.
   (H) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
 NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
 TION LAW.
   (I)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING A BACH-
 ELOR'S OR MASTER'S DEGREE IN  OCCUPATIONAL  THERAPY  FROM  A  REGISTERED
 PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
 RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
 STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (J) "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.
   (K)  "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.
   (L) "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRAD-
 UATED  FROM  A  TWO-  TO  FOUR-YEAR  STATE-APPROVED  PHYSICIAN ASSISTANT

 A. 8387--A                          3

 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 COMMISSION-
 ER OF EDUCATION.
   (M)  "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.
   (N) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
 INDEPENDENT  MEDICAL  EXAMINER,  NURSE PRACTITIONER, PHYSICAL THERAPIST,
 PHYSICIAN, PHYSICIAN  ASSISTANT,  PODIATRIST,  PSYCHOLOGIST,  OR  SOCIAL
 WORKER SUBJECT TO AN AUTHORIZATION AGREEMENT.
   (O)  "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
 ACCORDANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE  STATE  BOARD
 FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
   (P)  "SOCIAL  WORKER"  SHALL MEAN A LICENSED CLINICAL SOCIAL WORKER. A
 LICENSED CLINICAL SOCIAL WORKER  HAS  COMPLETED  A  MASTER'S  DEGREE  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 REGU-
 LATIONS OF 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] IN THE FORMAT
 PRESCRIBED BY THE CHAIR 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

 A. 8387--A                          4

 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,
 OR  NURSE  PRACTITIONER  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,
 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
 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 OR NURSE PRAC-
 TITIONER.  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 THE CAUSAL  RELATIONSHIP  OF  ANY  CONDITION  TO  A  WORK
 RELATED  ACCIDENT  OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER. NOR MAY A
 RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL  THERA-
 PIST  OR  ACUPUNCTURIST  BE CONSIDERED EVIDENCE OF DISABILITY. NOR MAY A
 RECORD, REPORT  OR  OPINION  OF  A  PHYSICIAN  ASSISTANT  BE  CONSIDERED
 EVIDENCE  OF  THE  PRESENCE  OF A PERMANENT OR INITIAL DISABILITY OR THE
 DEGREE THEREOF.  NOR MAY A PHYSICAL THERAPIST,  OCCUPATIONAL  THERAPIST,
 ACUPUNCTURIST  OR  PHYSICIAN  ASSISTANT  PERFORM  AN INDEPENDENT MEDICAL
 EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
   (F) A NURSE PRACTITIONER, OR LICENSED  CERTIFIED  SOCIAL  WORKER,  MAY
 PERFORM AN INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF AN EMPLOYER ONLY
 TO  THE  EXTENT  THAT  THE EXAMINATION CONCERNS TREATMENT RENDERED BY AN
 IDENTICAL PROVIDER TYPE, BUT MAY  NOT  PERFORM  AN  INDEPENDENT  MEDICAL
 EXAMINATION  ON  BEHALF  OF  THE  EMPLOYER  CONCERNING  (1)  THE  CAUSAL
 RELATIONSHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL
 DISEASE UNDER THIS CHAPTER OR (2) THE PRESENCE OF A  DISABILITY  OR  THE
 DEGREE THEREOF.
   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

 A. 8387--A                          5

 refrain] SIGN AN AUTHORIZATION AGREEMENT. PRIOR  TO  RECEIVING  AUTHORI-
 ZATION,  A  PROVIDER MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO
 THE CHAIR, SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE  COUNTY
 IN  WHICH  THE  PROVIDER'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY
 SUCH COUNTY SOCIETY OR OF A BOARD REPRESENTING DULY LICENSED  PHYSICIANS
 OF  ANY  OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT THE
 RECOMMENDATION TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY  OR  BOARD
 FAILS  TO  TAKE  ACTION  UPON A PROVIDER'S APPLICATION WITHIN FORTY-FIVE
 DAYS, THE CHAIR MAY COMPLETE REVIEW  OF  THE  APPLICATION  WITHOUT  SUCH
 APPROVAL.  UPON APPROVAL OF THE AGREEMENT BY THE CHAIR OR CHAIR'S DESIG-
 NEE THE PROVIDER AGREES TO ABIDE BY THE TERMS, CONDITIONS,  AND  LIMITA-
 TIONS OUTLINED IN THE AUTHORIZATION AGREEMENT, INCLUDING, BUT NOT LIMIT-
 ED  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 authorized to render medical care and/or conduct inde-
 pendent medical examinations 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,  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  chapter, 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. 8387--A                          6

 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]  WORKERS
 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-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
 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

 A. 8387--A                          7
 
 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] MEDICAL care provider OR SUPPLIER express-
 ly requests a single 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

 A. 8387--A                          8

 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 asso-
 ciation 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 commit-
 tee 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 arbitration committee shall be similarly selected
 and identical in  composition,  provided  that  the  physical  therapist
 member  shall  serve  without remuneration, and provided further that in
 the event a physical 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.
   (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
 CONSULTATION  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
 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

 A. 8387--A                          9

 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 OR SUPPLIER initiating  an  arbitration,  including  a
 single  arbitrator 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 arbitration 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'
 compensation 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.]
   §  3.  Subdivisions  1  and  2  and  paragraph (b) of subdivision 3 of
 section 13-k of the workers' compensation law, subdivision 1 as added by
 chapter 787 of the laws of 1952 and subdivision 2 and paragraph  (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

 A. 8387--A                         10
 
 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
 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.
   (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

 A. 8387--A                         11
 
 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.
   § 4. Subdivisions 1 and 2  and  paragraph  (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 paragraph (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-
 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-

 A. 8387--A                         12
 
 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.
   (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.
   § 5. Subdivisions 1, 2 and 3 and paragraph (b)  of  subdivision  4  of
 section  13-m  of the workers' compensation law, subdivisions 1 and 2 as
 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
 (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] CHAIR to render psychological care pursuant to [this] section
 THIRTEEN-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

 A. 8387--A                         13

 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.
 The amounts payable by the employer  for  such  treatment  and  services
 shall be the fees and charges established by such schedule.
   (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.
   §  6.  Section  54-b  of  the workers' compensation law, as amended by
 chapter 6 of the laws of 2007, is amended to read as follows:
   § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
 default  by  a  carrier  or  self-insured employer in the payment of any
 compensation due under an award for the  period  of  thirty  days  after
 payment  is  due  and payable, or in the case of failure by a carrier or
 self-insured employer to make full payment of an award for medical  care
 OR  SUPPLIES  issued by the board or the chair pursuant to section thir-
 teen-g of this chapter, the chair in any such case  or  on  the  chair's
 consent  any  party  to  an award may file with the county clerk for the
 county in which the injury occurred or the county in which  the  carrier
 or self-insured employer has his or her principal place of business, (1)
 a  certified  copy of the decision of the board awarding compensation or
 ending, diminishing or increasing compensation previously awarded,  from
 which  no  appeal has been taken within the time allowed therefor, or if
 an appeal has been taken by a carrier or self-insured employer  who  has
 not complied with the provisions of section fifty of this article, where
 he  or  she  fails  to deposit with the chair the amount of the award as
 security for its payment within ten days after the same is due and paya-
 ble, or (2) a certified copy of the award for medical care  OR  SUPPLIES
 issued  pursuant  to  section  thirteen-g of this chapter, and thereupon
 judgment must be entered in the supreme court by the clerk of such coun-

 A. 8387--A                         14
 
 ty in conformity therewith immediately upon such filing. If the  payment
 in default be an installment, the board may declare the entire award due
 and  judgment  may  be entered in accordance with the provisions of this
 section.  Such  judgment  shall  be entered in the same manner, have the
 same effect and be subject to the same proceedings as though rendered in
 a suit duly heard and determined by the supreme court,  except  that  no
 appeal  may  be  taken  therefrom. The court shall vacate or modify such
 judgment to conform to any later award or decision  of  the  board  upon
 presentation  of  a  certified copy of such award or decision. The award
 may be so compromised by the board as in the discretion of the board may
 best serve the interest of the persons entitled to receive  the  compen-
 sation  or  benefits.  Where an award has been made against a carrier or
 self-insured employer in accordance with the provisions  of  subdivision
 nine  of  section  fifteen, or of section twenty-five-a of this chapter,
 such an award may be similarly compromised by the board, upon notice  to
 a representative of the fund to which the award is payable, but if there
 be  no  representative  of  any such fund, notice shall be given to such
 representative as may be designated by  the  chair  of  the  board;  and
 notwithstanding  any  other  provision  of law, such compromise shall be
 effective without the necessity of  any  approval  by  the  state  comp-
 troller.  Neither  the chair nor any party in interest shall be required
 to pay any fee to any public officer for filing or recording  any  paper
 or  instrument  or  for issuing a transcript of any judgment executed in
 pursuance of this section. The carrier or self-insured employer shall be
 liable for all costs and attorneys fees necessary to enforce the  award.
 For  the  purposes of this section, the term "carrier" shall include the
 state insurance fund and any stock corporation,  mutual  corporation  or
 reciprocal  insurer  authorized  to  transact  the  business of workers'
 compensation insurance in this state.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8387--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW, TAYLOR, D'URSO, GOTTFRIED, STECK, McDO-
   NALD -- Multi-Sponsored by -- M. of A. EPSTEIN, PALMESANO -- read once
   and referred to the Committee on Labor -- recommitted to the Committee
   on Labor in accordance with Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said  committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 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] PROVIDERS, 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  designated 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  subdivi-
 sion  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13065-05-8
              

 A. 8387--C                          2

 such county, the chair shall designate  a  board  of  three  outstanding
 physicians, 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
 authorization by the chair[, provided, that:   (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) "CHAIR" OF THE BOARD SHALL MEAN EITHER THE CHAIR  OR  THE  CHAIR'S
 DESIGNEE.
   (C)  "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.
   (D) "DENTIST" SHALL MEAN LICENSED AND  HAVING  COMPLETED  A  FOUR-YEAR
 COURSE  OF  STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR AN EQUIVALENT
 DEGREE, IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING  REQUIRE-
 MENTS OF THE COMMISSIONER OF EDUCATION.
   (E)  "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED, THE
 INSURANCE CARRIER.
   (F)  "INDEPENDENT  MEDICAL  EXAMINATION"  SHALL  MEAN  AN  EXAMINATION
 PERFORMED  BY  A  MEDICAL  PROVIDER,  AUTHORIZED  UNDER  THIS SECTION TO
 PERFORM SUCH EXAMINATION, FOR THE PURPOSE  OF  EXAMINING  OR  EVALUATING
 INJURY  OR  ILLNESS  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION FOUR OF
 SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  CHAPTER
 AND AS MORE FULLY SET FORTH IN REGULATION.
   (G) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
 NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
 TION LAW.
   (H)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING A BACH-
 ELOR'S OR MASTER'S DEGREE IN  OCCUPATIONAL  THERAPY  FROM  A  REGISTERED
 PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
 RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
 STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (I) "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.
   (J)  "PHYSICIAN"  SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI-
 CINE, M.D., OR DOCTOR OF OSTEOPATHIC MEDICINE, D.O.,  OR  AN  EQUIVALENT
 DEGREE  IN  ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIRE-
 MENTS OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE  COMMIS-
 SIONER OF EDUCATION.
   (K) "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRAD-
 UATED  FROM  A  TWO-  TO  FOUR-YEAR  STATE-APPROVED  PHYSICIAN ASSISTANT
 PROGRAM, HAS PASSED A  LICENSING  EXAMINATION,  AND  WHOSE  ACTIONS  AND

 A. 8387--C                          3
 
 DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (L) "PODIATRIST" SHALL MEAN A DOCTOR OF PODIATRIC MEDICINE LICENSED AS
 HAVING  RECEIVED  A  DOCTORAL DEGREE IN PODIATRIC MEDICINE IN ACCORDANCE
 WITH THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE  EDUCATION
 LAW,  AND  MUST  SATISFACTORILY MEET ALL OTHER REQUIREMENTS OF THE STATE
 BOARD FOR PODIATRIC MEDICINE.
   (M) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
 INDEPENDENT MEDICAL EXAMINER, NURSE  PRACTITIONER,  PHYSICAL  THERAPIST,
 PHYSICIAN,  PHYSICIAN  ASSISTANT,  PODIATRIST,  PSYCHOLOGIST,  OR SOCIAL
 WORKER AUTHORIZED BY THE CHAIR.
   (N) "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
 ACCORDANCE  WITH  THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD
 FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
   (O) "SOCIAL WORKER" SHALL MEAN A LICENSED CLINICAL  SOCIAL  WORKER.  A
 LICENSED  CLINICAL  SOCIAL  WORKER  HAS  COMPLETED  A MASTER'S DEGREE 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  REGU-
 LATIONS OF 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] IN THE FORMAT
 PRESCRIBED BY THE CHAIR 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

 A. 8387--C                          4

 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,
 OR  NURSE  PRACTITIONER  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,
 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
 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 OR NURSE PRAC-
 TITIONER.  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 THE CAUSAL  RELATIONSHIP  OF  ANY  CONDITION  TO  A  WORK
 RELATED  ACCIDENT  OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER. NOR MAY A
 RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL  THERA-
 PIST  OR  ACUPUNCTURIST  BE CONSIDERED EVIDENCE OF DISABILITY. NOR MAY A
 RECORD, REPORT  OR  OPINION  OF  A  PHYSICIAN  ASSISTANT  BE  CONSIDERED
 EVIDENCE  OF  THE  PRESENCE  OF A PERMANENT OR INITIAL DISABILITY OR THE
 DEGREE THEREOF.  NOR MAY A PHYSICAL THERAPIST,  OCCUPATIONAL  THERAPIST,
 ACUPUNCTURIST  OR  PHYSICIAN  ASSISTANT  PERFORM  AN INDEPENDENT MEDICAL
 EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
   (F) A NURSE PRACTITIONER, OR LICENSED  CERTIFIED  SOCIAL  WORKER,  MAY
 PERFORM AN INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF AN EMPLOYER ONLY
 TO  THE  EXTENT  THAT  THE EXAMINATION CONCERNS TREATMENT RENDERED BY AN
 IDENTICAL PROVIDER TYPE, BUT MAY  NOT  PERFORM  AN  INDEPENDENT  MEDICAL
 EXAMINATION  ON  BEHALF  OF  THE  EMPLOYER  CONCERNING  (1)  THE  CAUSAL
 RELATIONSHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL
 DISEASE UNDER THIS CHAPTER OR (2) THE PRESENCE OF A  DISABILITY  OR  THE
 DEGREE THEREOF.
   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 soci-
 ety 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

 A. 8387--C                          5

 refrain]  CHAIR OR CHAIR'S DESIGNEE. PRIOR TO RECEIVING AUTHORIZATION, A
 PHYSICIAN MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO THE CHAIR,
 SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE  COUNTY  IN  WHICH
 THE PHYSICIAN'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY SUCH COUN-
 TY  SOCIETY  OR  OF A BOARD REPRESENTING DULY LICENSED PHYSICIANS OF ANY
 OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT  THE  RECOM-
 MENDATION  TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY OR BOARD FAILS
 TO TAKE ACTION UPON A PHYSICIAN'S APPLICATION  WITHIN  FORTY-FIVE  DAYS,
 THE  CHAIR MAY COMPLETE REVIEW OF THE APPLICATION WITHOUT SUCH APPROVAL.
 UPON APPROVAL OF THE APPLICATION BY THE CHAIR OR THE  CHAIR'S  DESIGNEE,
 THE APPLICANT SHALL FURTHER AGREE TO REFRAIN  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,
 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-

 A. 8387--C                          6

 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] WORKERS
 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-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
 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-

 A. 8387--C                          7
 
 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] MEDICAL care provider OR SUPPLIER express-
 ly requests a single 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

 A. 8387--C                          8

 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 asso-
 ciation  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 commit-
 tee 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 arbitration committee shall be similarly  selected
 and  identical  in  composition,  provided  that  the physical therapist
 member shall serve without remuneration, and provided  further  that  in
 the  event a physical 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.
   (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
 CONSULTATION 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
 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

 A. 8387--C                          9

 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  OR  SUPPLIER initiating an arbitration, including a
 single arbitrator 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 arbitration 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'
 compensation 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.]
   § 3. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
 section 13-k of the workers' compensation law, subdivision 1 as added by
 chapter  787  of the laws of 1952 and subdivision 2 and paragraph (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]  PODIATRIC  MEDICAL  care,  as  hereinafter
 provided.  If the injury or condition is one which is without the limits
 prescribed by the education law for [podiatry]  PODIATRIC  MEDICAL  care

 A. 8387--C                         10

 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]
 PODIATRIC MEDICAL 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 practice  podia-
 try  in  the  state  of  New York who is desirous of being authorized to
 render podiatry 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 podiatry practice committee.  In such application
 he or she shall agree to refrain from subsequently treating for remuner-
 ation, 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 podia-
 trist  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 trans-
 ferred 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  podia-
 trist  be authorized to render podiatry care and/or to conduct independ-
 ent 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] PODIATRIC MEDICAL treatment and care, to  be  deter-
 mined  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 [podia-
 try] PODIATRIC MEDICINE 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] PODIATRIC MEDICAL 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  estab-
 lished by such schedule.
   (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

 A. 8387--C                         11
 
 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.
   §  4.  Subdivisions  1  and  2  and  paragraph (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 paragraph  (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-
 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

 A. 8387--C                         12
 
 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.
   (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.
   § 5. Subdivisions 1, 2 and 3 and paragraph (b)  of  subdivision  4  of
 section  13-m  of the workers' compensation law, subdivisions 1 and 2 as
 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
 (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] CHAIR to render psychological care pursuant to [this] section
 THIRTEEN-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

 A. 8387--C                         13

 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.
 The amounts payable by the employer  for  such  treatment  and  services
 shall be the fees and charges established by such schedule.
   (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.
   §  6.  Section  54-b  of  the workers' compensation law, as amended by
 chapter 6 of the laws of 2007, is amended to read as follows:
   § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
 default  by  a  carrier  or  self-insured employer in the payment of any
 compensation due under an award for the  period  of  thirty  days  after
 payment  is  due  and payable, or in the case of failure by a carrier or
 self-insured employer to make full payment of an award for medical  care
 OR  SUPPLIES  issued by the board or the chair pursuant to section thir-
 teen-g of this chapter, the chair in any such case  or  on  the  chair's
 consent  any  party  to  an award may file with the county clerk for the
 county in which the injury occurred or the county in which  the  carrier
 or self-insured employer has his or her principal place of business, (1)
 a  certified  copy of the decision of the board awarding compensation or
 ending, diminishing or increasing compensation previously awarded,  from
 which  no  appeal has been taken within the time allowed therefor, or if
 an appeal has been taken by a carrier or self-insured employer  who  has
 not complied with the provisions of section fifty of this article, where
 he  or  she  fails  to deposit with the chair the amount of the award as
 security for its payment within ten days after the same is due and paya-
 ble, or (2) a certified copy of the award for medical care  OR  SUPPLIES
 issued  pursuant  to  section  thirteen-g of this chapter, and thereupon

 A. 8387--C                         14
 
 judgment must be entered in the supreme court by the clerk of such coun-
 ty in conformity therewith immediately upon such filing. If the  payment
 in default be an installment, the board may declare the entire award due
 and  judgment  may  be entered in accordance with the provisions of this
 section. Such judgment shall be entered in the  same  manner,  have  the
 same effect and be subject to the same proceedings as though rendered in
 a  suit  duly  heard and determined by the supreme court, except that no
 appeal may be taken therefrom. The court shall  vacate  or  modify  such
 judgment  to  conform  to  any later award or decision of the board upon
 presentation of a certified copy of such award or  decision.  The  award
 may be so compromised by the board as in the discretion of the board may
 best  serve  the interest of the persons entitled to receive the compen-
 sation or benefits. Where an award has been made against  a  carrier  or
 self-insured  employer  in accordance with the provisions of subdivision
 nine of section fifteen, or of section twenty-five-a  of  this  chapter,
 such  an award may be similarly compromised by the board, upon notice to
 a representative of the fund to which the award is payable, but if there
 be no representative of any such fund, notice shall  be  given  to  such
 representative  as  may  be  designated  by  the chair of the board; and
 notwithstanding any other provision of law,  such  compromise  shall  be
 effective  without  the  necessity  of  any  approval by the state comp-
 troller. Neither the chair nor any party in interest shall  be  required
 to  pay  any fee to any public officer for filing or recording any paper
 or instrument or for issuing a transcript of any  judgment  executed  in
 pursuance of this section. The carrier or self-insured employer shall be
 liable  for all costs and attorneys fees necessary to enforce the award.
 For the purposes of this section, the term "carrier" shall  include  the
 state  insurance  fund  and any stock corporation, mutual corporation or
 reciprocal insurer authorized  to  transact  the  business  of  workers'
 compensation insurance in this state.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.