S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6823
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  authoriz-
   ing certain care and treatment to injured employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The closing paragraph of subdivision (a) of section  13  of
 the  workers'  compensation  law, as amended by chapter 6 of the laws of
 2007, is amended to read as follows:
   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 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 osteopathic 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 consideration 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  profes-
 sional  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  interested  parties.    The  chair
 shall  also prepare and establish a schedule for the state, or schedules
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10388-01-9

 A. 6823                             2
 
 limited to defined localities, of charges and fees for outpatient hospi-
 tal services not covered  under  the  medical  fee  schedule  previously
 referred to in this subdivision, 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 president of the hospital associ-
 ation  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 ther-
 apy services rendered under this chapter,  but  consideration  shall  be
 given  to  the views of other interested parties. IN THE CASE OF MASSAGE
 THERAPY FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A  RECOG-
 NIZED  PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE 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  MASSAGE 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 amounts high-
 er  or  lower  than the fees and charges fixed therein, but no physician
 rendering medical treatment or care, and no physical,  LICENSED  MASSAGE
 or  occupational  therapist rendering their respective physical, MASSAGE
 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. Noth-
 ing in this section shall be construed as preventing the employment of a
 duly authorized physician on a salary basis  by  an  authorized  compen-
 sation medical bureau or laboratory.
   § 2. Subdivision 1 of section 13-b of the workers' compensation law is
 amended by adding a new paragraph (g) to read as follows:
   (G)  UPON  THE  PRESCRIPTION  OR  REFERRAL OF AN AUTHORIZED PHYSICIAN,
 MASSAGE THERAPY CARE MAY BE RENDERED BY A DULY LICENSED  MASSAGE  THERA-
 PIST.  WHERE  MASSAGE THERAPY CARE IS RENDERED, RECORDS OF THE PATIENT'S
 CONDITION AND PROGRESS, TOGETHER WITH RECORDS OF INSTRUCTION FOR  TREAT-
 MENT, IF ANY SHALL BE MAINTAINED BY THE MASSAGE THERAPIST AND PHYSICIAN.
 SAID  RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT SUCH TIMES
 AS THE CHAIR MAY REQUIRE.  A DULY LICENSED MASSAGE THERAPIST  SHALL  NOT
 BE AUTHORIZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS.
   §  3.  Subdivision 1 of section 13-g of the workers' compensation law,
 as amended by chapter 674 of the laws of 1994, is  amended  to  read  as
 follows:
   (1)  Within  forty-five  days  after  a  bill has been rendered to the
 employer by the hospital, physician or self-employed physical,  LICENSED
 MASSAGE or occupational therapist who has rendered treatment pursuant to
 a  referral  from the injured employee's authorized physician or author-
 ized podiatrist for treatment to the  injured  employee,  such  employer
 must  pay  the  bill  or notify the hospital, physician or self-employed
 physical, LICENSED MASSAGE or occupational therapist in writing that the
 bill is not being paid and explain the reasons for non-payment.  In  the

 A. 6823                             3
 
 event  that  the  employer fails to make payment or notify the hospital,
 physician or self-employed physical, LICENSED  MASSAGE  or  occupational
 therapist  within  such  forty-five day period that payment is not being
 made, the hospital, physician, self-employed physical therapist OR SELF-
 EMPLOYED LICENSED MASSAGE THERAPIST or self-employed occupational thera-
 pist may notify 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 established 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 employer, 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, LICENSED MASSAGE or occupational therapist, in accordance with the
 provisions of subdivision two or subdivision three of this  section,  as
 appropriate, and rules and regulations promulgated by the chair.
   Where  a  physician, physical, LICENSED MASSAGE or occupational thera-
 pist 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 per cent (1 1/2%) per
 month payable to the physician, physical, LICENSED  MASSAGE  or  occupa-
 tional  therapist,  in accordance with the rules and regulations promul-
 gated 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, 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.
   § 4. This act shall take effect immediately.