S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    469
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GOTTFRIED,  HUNTER, LIFTON, TAYLOR,
   WILLIAMS, D'URSO, STECK, THIELE -- Multi-Sponsored  by  --  M.  of  A.
   PALMESANO -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to diagnosis,
   care and treatment of injured employees by certified nurse practition-
   ers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The workers' compensation law is amended by  adding  a  new
 section 13-q to read as follows:
   §  13-Q.  DIAGNOSIS, CARE AND TREATMENT OF INJURED EMPLOYEES BY CERTI-
 FIED NURSE PRACTITIONERS. 1. WHERE THE TERM "NURSE PRACTITIONER" IS USED
 IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED AS A
 REGISTERED PROFESSIONAL NURSE, CERTIFIED AS A NURSE  PRACTITIONER  UNDER
 SECTION SIX THOUSAND NINE HUNDRED TEN OF THE EDUCATION LAW, AND PRACTIC-
 ING  IN  COMPLIANCE  WITH  THE REQUIREMENTS OF SECTION SIX THOUSAND NINE
 HUNDRED TWO OF THE EDUCATION LAW.
   (A) NOTWITHSTANDING THE REQUIREMENTS OF SECTIONS  THIRTEEN  AND  THIR-
 TEEN-A OF THIS ARTICLE, AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES
 WHICH  MAKE  SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY
 BE DIAGNOSED AND TREATED BY A NURSE PRACTITIONER AND AUTHORIZED  BY  THE
 CHAIR  TO  RENDER  HEALTH  CARE  SERVICES PURSUANT TO THIS SECTION. SUCH
 SERVICES SHALL BE WITHIN THE SCOPE OF THE NURSE PRACTITIONER AS  DEFINED
 IN  PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF SECTION SIX THOUSAND NINE
 HUNDRED TWO OF THE EDUCATION LAW, AND SHALL INCLUDE PERFORMING INDEPEND-
 ENT MEDICAL EXAMINATIONS.
   (B) A NURSE PRACTITIONER RENDERING SERVICE PURSUANT  TO  THIS  SECTION
 SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND NURSE PRACTITIONER
 TREATMENT,  AND  SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR
 ON SUCH FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03786-01-9

 A. 469                              2
 
   2. A NURSE PRACTITIONER WHO IS DESIROUS OF BEING AUTHORIZED TO  RENDER
 HEALTHCARE  SERVICES  UNDER  THIS  SECTION SHALL FILE AN APPLICATION FOR
 AUTHORIZATION UNDER THIS SECTION WITH THE  NURSE  PRACTITIONER  PRACTICE
 COMMITTEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREAT-
 ING  FOR  REMUNERATION,  AS  A PRIVATE PATIENT, ANY PERSON SEEKING NURSE
 PRACTITIONER HEALTHCARE SERVICES, 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 NURSE PRACTITIONERS AUTHORIZED TO RENDER SERVICES 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 NURSE PRACTITIONER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH NURSE
 PRACTITIONER AFTER BEING REMOVED FROM THE LIST  OF  NURSE  PRACTITIONERS
 AUTHORIZED  TO  RENDER HEALTHCARE SERVICES UNDER THIS SECTION. THE NURSE
 PRACTITIONER PRACTICE COMMITTEE, IF IT DEEMS SUCH CERTIFIED NURSE  PRAC-
 TITIONER  DULY  QUALIFIED, SHALL RECOMMEND TO THE CHAIR THAT SUCH PERSON
 BE AUTHORIZED TO RENDER HEALTHCARE SERVICES  UNDER  THIS  SECTION.  SUCH
 RECOMMENDATIONS  SHALL  BE  ONLY  ADVISORY TO THE CHAIR AND SHALL NOT BE
 BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTABLISH A  SCHEDULE
 FOR  THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND
 FEES FOR NURSE PRACTITIONER TREATMENT AND  CARE,  TO  BE  DETERMINED  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 NURSE PRACTITIONER
 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 SERVICES 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.
   3.  NO  CLAIM  FOR  NURSE  PRACTITIONER  SERVICES  SHALL  BE VALID AND
 ENFORCEABLE AS AGAINST THE EMPLOYER OR EMPLOYEES  UNLESS  WITHIN  FORTY-
 EIGHT  HOURS FOLLOWING THE FIRST TREATMENT THE NURSE PRACTITIONER GIVING
 SUCH CARE OR TREATMENT FURNISHES TO THE EMPLOYER  AND  DIRECTLY  TO  THE
 CHAIR  A  PRELIMINARY  NOTICE  OF  SUCH INJURY AND TREATMENT, AND WITHIN
 FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT  AND  SUBSEQUENT  THERETO
 PROGRESS  REPORTS  AS REQUESTED IN WRITING BY THE CHAIR, BOARD, EMPLOYER
 OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR
 AT LESS FREQUENT INTERVALS IF  REQUESTED  ON  FORMS  PRESCRIBED  BY  THE
 CHAIR.  THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN THE
 DESIGNATED  PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO
 DO SO.
   4. FEES FOR NURSE PRACTITIONER SERVICES SHALL BE  PAYABLE  ONLY  TO  A
 DULY CERTIFIED NURSE PRACTITIONER, OR TO THE AGENT, EXECUTOR OR ADMINIS-
 TRATOR  OF  THE ESTATE OF SUCH NURSE PRACTITIONER. NO NURSE PRACTITIONER
 RENDERING TREATMENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR  RECEIVE
 A  FEE FROM SUCH CLAIMANT WITHIN THIS STATE, BUT SHALL HAVE RECOURSE FOR
 PAYMENT OF SERVICES RENDERED ONLY TO THE EMPLOYER UNDER  THE  PROVISIONS
 OF THIS SECTION.
   5.  WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE NURSE
 PRACTITIONER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A  FEE
 FROM  THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
 ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE  CIVIL  PRACTICE
 LAW AND RULES.
   6. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
 EMPLOYER  BY THE NURSE PRACTITIONER WHO HAS TREATED AN INJURED EMPLOYEE,
 SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH NURSE  PRACTITIONER

 A. 469                              3

 IN  WRITING  THAT  SUCH EMPLOYER DEMANDS AN IMPARTIAL EXAMINATION OF THE
 FAIRNESS OF THE AMOUNT CLAIMED BY SUCH NURSE PRACTITIONER FOR HIS OR HER
 SERVICES, THE RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED  TO
 BE  WAIVED  AND  THE  AMOUNT CLAIMED BY SUCH NURSE PRACTITIONER SHALL BE
 DEEMED TO BE THE FAIR VALUE OF THE SERVICES  RENDERED.  IF  THE  PARTIES
 FAIL  TO AGREE AS TO THE NURSE PRACTITIONER HEALTHCARE SERVICES RENDERED
 UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL  BE  DECIDED  BY  THE
 NURSE  PRACTITIONER PRACTICE COMMITTEE AND THE MAJORITY DECISION OF SUCH
 COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE  VALUE  OF  THE
 SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD 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 OF SECTION THIRTEEN-G OF  THIS
 ARTICLE,  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.
   (B) WHERE A NURSE PRACTITIONER'S BILL HAS BEEN DETERMINED  TO  BE  DUE
 AND  OWING  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE BOARD
 MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT  INTEREST
 PER  MONTH PAYABLE TO THE LICENSED NURSE PRACTITIONER IN ACCORDANCE WITH
 THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
   (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR  A  SUM
 EQUAL  TO  FIVE  PER  CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
 SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER.   THE
 SUMS  SO  COLLECTED  SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
 BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
   7. WITHIN THE LIMITS PRESCRIBED BY THE  EDUCATION  LAW  FOR  CERTIFIED
 NURSE  PRACTITIONER  SERVICES,  THE REPORT OR TESTIMONY OF AN AUTHORIZED
 NURSE PRACTITIONER CONCERNING THE CONDITION OF AN INJURED  EMPLOYEE  AND
 TREATMENT  THEREOF  SHALL  BE  DEEMED COMPETENT EVIDENCE AND THE PROFES-
 SIONAL OPINION OF THE NURSE PRACTITIONER AS TO CAUSAL RELATION AND AS TO
 REQUIRED TREATMENT SHALL BE DEEMED COMPETENT BUT SHALL NOT  BE  CONTROL-
 LING. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR
 INSURANCE  CARRIER OF ANY RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION
 OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
   8. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
 FOLLOWED BY NURSE PRACTITIONERS RENDERING HEALTHCARE SERVICES UNDER THIS
 SECTION,  WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES
 PRESENTLY IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED  TO  CLAIM-
 ANTS  IN  WORKERS'  COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF
 SUCH RULES THE CHAIR MAY CONSULT THE NURSE PRACTITIONER PRACTICE COMMIT-
 TEE AND MAY  TAKE  INTO  CONSIDERATION  THE  VIEW  OF  OTHER  INTERESTED
 PARTIES.
   9.  THE  CHAIR  SHALL  APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
 STATE OF  NEW  YORK  A  SINGLE  NURSE  PRACTITIONER  PRACTICE  COMMITTEE
 COMPOSED  OF  TWO  CERTIFIED  NURSE PRACTITIONERS, AND ONE DULY LICENSED
 PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
 RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
 BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
 NURSE PRACTITIONERS SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF  SUCH
 NURSE PRACTITIONER PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL
 RENDER  HEALTHCARE  SERVICES  UNDER  THIS  SECTION NOR BE AN EMPLOYER OR
 ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSURANCE  COMPANY  AUTHORIZED
 TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-
 INSURER,  WHETHER  SUCH  EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPEN-

 A. 469                              4
 
 SATION CLAIM OR OTHERWISE. THE ATTORNEY  GENERAL,  UPON  REQUEST,  SHALL
 ADVISE AND ASSIST SUCH COMMITTEE.
   10.  THE NURSE PRACTITIONER PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR
 AND MAKE FINDINGS WITH RESPECT TO ALL  CHARGES  AS  TO  PROFESSIONAL  OR
 OTHER  MISCONDUCT  OF  ANY  AUTHORIZED NURSE PRACTITIONER AS PROVIDED IN
 THIS SECTION UNDER RULES AND PROCEDURES TO BE PRESCRIBED  BY  THE  CHAIR
 AND  SHALL  REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND
 RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS,  DECI-
 SION  AND  RECOMMENDATION  OF SUCH NURSE PRACTITIONER PRACTICE COMMITTEE
 SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
 SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF  CERTIFIED
 NURSE  PRACTITIONERS AUTHORIZED TO RENDER HEALTHCARE SERVICES UNDER THIS
 CHAPTER THE NAME OF ANY NURSE PRACTITIONER WHO  HE  OR  SHE  SHALL  FIND
 AFTER  REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH NURSE PRAC-
 TITIONER: (A) HAS BEEN GUILTY OF PROFESSIONAL  OR  OTHER  MISCONDUCT  OR
 INCOMPETENCY  IN  CONNECTION  WITH THE RENDERING OF HEALTHCARE SERVICES,
 (B) HAS EXCEEDED THE LIMITS OF HIS OR  HER  PROFESSIONAL  COMPETENCE  IN
 RENDERING  HEALTHCARE  SERVICES  UNDER THE LAW, OR HAS MADE FALSE STATE-
 MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION, (C)
 HAS FAILED TO  SUBMIT  TIMELY,  FULL  AND  TRUTHFUL  NURSE  PRACTITIONER
 HEALTHCARE  SERVICES EVALUATION AND TREATMENT REPORTS OF ALL FINDINGS TO
 THE EMPLOYER AND DIRECTLY TO THE CHAIR OF  THE  BOARD  WITHIN  THE  TIME
 LIMITS  PROVIDED  IN  THIS  SECTION, (D) HAS RENDERED NURSE PRACTITIONER
 SERVICES UNDER THIS CHAPTER FOR A FEE LESS THAN THAT FIXED  IN  THE  FEE
 SCHEDULE,  (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 WITH ANY CLAIM UNDER THIS CHAPTER,  (F)  HAS
 REFUSED  TO  APPEAR  BEFORE  OR ANSWER UPON REQUEST OF THE CHAIR, BOARD,
 NURSE PRACTITIONER PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER  OF
 THE  STATE,  ANY  LEGAL  QUESTION  OR PRODUCE ANY RELEVANT BOOK OR PAPER
 CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR (G)  HAS
 DIRECTLY  OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN THE DIVI-
 SION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR  REFUNDING  OF  A
 FEE  FOR,  OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROFITED
 BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION  AS  A  COMMIS-
 SION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A WORK-
 ERS' COMPENSATION CLAIMANT.
   11. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
 AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE  THE
 PROVISIONS  OF PARAGRAPH (G) OF SUBDIVISION TEN OF THIS SECTION SHALL BE
 GUILTY OF A MISDEMEANOR.
   12. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  LIMITING  IN  ANY
 RESPECT  THE  POWER  OR  DUTY  OF  THE CHAIR TO INVESTIGATE INSTANCES OF
 MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY  THE  NURSE  PRACTI-
 TIONER  PRACTICE  COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION
 OF ANY NURSE PRACTITIONER BELIEVED TO BE GUILTY OF SUCH MISCONDUCT.  THE
 PROVISIONS  OF  SUBDIVISION  ONE  OF  SECTION THIRTEEN-D OF THIS ARTICLE
 WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL  BE
 APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
   13. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT NURSE PRACTITION-
 ERS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPORATION
 FROM  POOLING  FEES  AND  MONEYS  RECEIVED,  EITHER  BY THE PARTNERSHIP,
 PROFESSIONAL CORPORATION OR GROUP OR 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

 A. 469                              5
 
 BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rules and regulations necessary  to  implement
 the  provisions  of  this act on its effective date are authorized to be
 made on or before such effective date.