S T A T E O F N E W Y O R K
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2184
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
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Introduced by M. of A. KIM -- read once and referred to the Committee on
Labor
AN ACT to amend the workers' compensation law, in relation to the estab-
lishment of a fee schedule covering the costs of ambulance services
provided to injured employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 13 of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, the opening paragraph
as amended by chapter 23 of the laws of 2016, is amended to read as
follows:
(a) The employer shall promptly provide for an injured employee such
medical, dental, surgical, optometric or other attendance or treatment,
nurse and hospital service, medicine, optometric services, AMBULANCE
SERVICES, crutches, eye-glasses, false teeth, artificial eyes, orthot-
ics, prosthetic devices, functional assistive and adaptive devices and
apparatus for such period as the nature of the injury or the process of
recovery may require. The employer shall be liable for the payment of
the expenses of medical, dental, surgical, optometric or other attend-
ance or treatment, nurse and hospital service, medicine, optometric
services, AMBULANCE SERVICES, crutches, eye-glasses, false teeth, arti-
ficial eyes, orthotics, prosthetic devices, functional assistive and
adaptive devices and apparatus, as well as artificial members of the
body or other devices or appliances necessary in the first instance to
replace, support or relieve a portion or part of the body resulting from
and necessitated by the injury of an employee, for such period as the
nature of the injury or the process of recovery may require, and the
employer shall also be liable for replacements or repairs of such arti-
ficial members of the body or such other devices, eye-glasses, false
teeth, artificial eyes, orthotics, prosthetic devices, functional assis-
tive and adaptive devices or appliances necessitated by ordinary wear or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03836-01-9
A. 2184 2
loss or damage to a prosthesis, with or without bodily injury to the
employee. Damage to or loss of a prosthetic device shall be deemed an
injury except that no disability benefits shall be payable with respect
to such injury under section fifteen of this article. Such a replacement
or repair of artificial members of the body or such other devices, eye-
glasses, false teeth, artificial eyes, orthotics, prosthetic devices,
functional assistive and adaptive devices or appliances or the providing
of medical treatment and care as defined herein shall not constitute the
payment of compensation under section twenty-five-a of this article. All
fees and other charges for such treatment and services shall be limited
to such charges as prevail in the same community for similar treatment
of injured persons of a like standard of living.
The chair shall prepare and establish a schedule for the state, or
schedules limited to defined localities, of charges and fees for such
medical treatment and care, and including all medical, dental, surgical,
optometric or other attendance or treatment, nurse and hospital service,
medicine, optometric services, crutches, eye-glasses, false teeth, arti-
ficial eyes, orthotics, prosthetic devices, functional assistive and
adaptive devices and apparatus AND AMBULANCE SERVICES WHICH SHALL BE
APPLICABLE TO FEES FOR ALL SUCH SERVICES EXCEPT AIR TRANSPORTATION BY AN
AIR CARRIER TO THE EXTENT PREEMPTED BY FEDERAL LAW in accordance with
and to be subject to change pursuant to rules promulgated by the chair.
Before preparing such schedule for the state or schedules for limited
localities the chair shall request the president of the medical society
of the state of New York and the president of the New York state osteo-
pathic medical society to submit to him or her a report on the amount of
remuneration deemed by such society to be fair and adequate for the
types of medical care to be rendered under this chapter, but consider-
ation shall be given to the view of other interested parties. In the
case of physical therapy fees schedules the chair shall request the
president of a recognized professional association representing physical
therapists in the state of New York to submit to him or her a report on
the amount of remuneration deemed by such association to be fair and
reasonable for the type of physical therapy services rendered under this
chapter, but consideration shall be given to the views of other inter-
ested parties. The chair shall also prepare and establish a schedule
for the state, or schedules limited to defined localities, of charges
and fees for outpatient hospital services not covered under the medical
fee schedule previously referred to in this subdivision, 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 presi-
dent of the hospital association of New York state to submit to him or
her a report on the amount of remuneration deemed by such association to
be fair and adequate for the types of hospital outpatient care to be
rendered under this chapter, but consideration shall be given to the
views of other interested parties. In the case of occupational therapy
fees schedules the chair shall request the president of a recognized
professional association representing occupational therapists in the
state of New York to submit to him or her a report on the amount of
remuneration deemed by such association to be fair and reasonable for
the type of occupational therapy services rendered under this chapter,
but consideration shall be given to the views of other interested
parties. The amounts payable by the employer for such treatment and
services shall be the fees and charges established by such schedule.
Nothing in this schedule, however, shall prevent voluntary payment of
A. 2184 3
amounts higher or lower than the fees and charges fixed therein, but no
physician rendering medical treatment or care, and no physical or occu-
pational therapist rendering their respective physical or occupational
therapy services may receive payment in any higher amount unless such
increased amount has been authorized by the employer, or by decision as
provided in section thirteen-g of this article. Nothing in this section
shall be construed as preventing the employment of a duly authorized
physician on a salary basis by an authorized compensation medical bureau
or laboratory.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.