NY State Senate Bill S5421

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 27, 2020	vetoed memo.67
Nov 18, 2020	delivered to governor
Jul 22, 2020	returned to senate passed assembly
Jul 21, 2020	ordered to third reading rules cal.236 substituted for a7498a
Feb 25, 2020	referred to labor delivered to assembly passed senate
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.167
Jan 09, 2020	print number 5421a
Jan 09, 2020	amend and recommit to labor
Jan 08, 2020	referred to labor returned to senate died in assembly
May 20, 2019	referred to labor delivered to assembly passed senate
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.642
Apr 30, 2019	referred to labor

Votes

view votes

Feb 25, 2020 - floor Vote

S5421A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 14, 2020 - Labor committee Vote

S5421A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 20, 2019 - floor Vote

S5421

floor

Aye

Nay

Absent

Excused

Abstained

May 7, 2019 - Labor committee Vote

S5421

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S5421 - Details

See Assembly Version of this Bill:: A7498
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §13-b, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2138, A8930
2023-2024: S6651

S5421 - Summary

Includes coverage of treatment rendered by a massage therapist.

S5421 - Sponsor Memo

 
BILL NUMBER: S5421

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to including coverage of treatment rendered by a massage thera-
pist

 
PURPOSE:

Adds licensed massage therapists to the list of authorized providers of
workers' compensation.

 
SUMMARY OF PROVISIONS:

Sections one and two amend section 13-b of the workers' compensation law
to add licensed massage therapists to the list of authorized providers

Section 3 establishes the effective date

 
JUSTIFICATION:

Massage therapists are licensed to provide care to patients in New York
State under the provisions of Article 155 of the Education Law.  Howev-
er, injured employees can only be reimbursed for massage therapy
services on an ad-hoc basis, with some workers' compensation carriers
allowing it and others denying it.

This bill would add licensed massage therapists to the list of author-
ized providers and would allow an injured employee to receive reimburse-
ment for massage therapy services. Massage is a treatment used with
children, older adults, babies in incubators, patients with cancer,
AIDS, heart conditions and strokes, and in intensive care units. Most
American hospices provide massage and it is offered in many health
centers, pain clinics, and drug treatment clinics.

An October 2003 study by the American Hospital Association (AHA), with
support from the American Massage Therapy Association (AMTA), shows that
many hospitals are incorporating massage therapy into their pain manage-
ment programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy was
the most prevalent complementary and alternative medicine (CAM) offer-
ing, with 32 percent of hospitals reporting CAM use saying the offer
massage therapy. Of the hospitals with massage therapy programs, more
than 73 percent utilize massage therapy for pain management and pain
relief.

The AHA survey and the increasing use of massage therapy as revealed in
annual consumer visit surveys suggest that hospitals and healthcare
organizations are responding positively to the consensus of research and
evidence highlighting the benefits of massage therapy.  Recent clinical
research on the efficacy of massage for pain management has demonstrated
that:

- Massage therapy is more effective for back pain than other complemen-
tary therapies.

- Massage therapy promotes relaxation and alleviated the perception of
pain and anxiety in cancer patients.
- Massage therapy reduces post-traumatic headaches better than cold pack
treatment.

- A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles
found that massage, as part of hospital-based surgery treatment, reduces
pain and muscle spasms in patients who have undergone heart bypass
surgery.

- Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NIH), has identified the management
and treatment of pain as a significant national health issue.  According
to NIH, pain is the most common reason people seek medical care and that
more than one third of all Americans will suffer from chronic pain at
some point in their lives. Chronic pain accounts for more than $100
billion in annual losses to American businesses through healthcare
expenses and lost productivity and approximately 14 percent of all
employees take time off from work due to pain each year.

In addition, a recent study was published by the American Massage Thera-
py Association titled Massage Therapy in Integrative Care & Pain Manage-
ment. Massage therapy is widely recognized as an effective non-pharmal-
cological therapy for managing chronic and acute pain, behavioral health
issues and for rehabilitation of injuries.

In addition to the study, on April 27, 2018 the Center for Medicare and
Medicaid Services (CMS) sent clarification to Medicare Advantage organ-
izations and Section 1876 Cost Contract Plans in order to provide addi-
tional guidance to assist plans in preparing their CY 2019 bids. The
clarifying memorandum: "Reinterpretation of 'Primarily Health Related'
for Supplemental Benefits" includes a specific reference to the avail-
ability of massage therapy as an approved supplemental benefit for pain
management:

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
part CC of chapter 55 of the laws of 2019, takes effect.

S5421 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5421
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   coverage of treatment rendered by a massage therapist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (m) of subdivision 1 of section 13-b of the work-
 ers' compensation law, as added by section 1 of part CC of chapter 55 of
 the laws of 2019, is amended and a new paragraph (f-1) is added to  read
 as follows:
   (F-1)  "MASSAGE  THERAPIST" SHALL MEAN LICENSED AND HAVING COMPLETED A
 FORMAL COURSE OF STUDY AND HAVING PASSED AN  EXAMINATION  IN  ACCORDANCE
 WITH  THE  EDUCATION  LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCA-
 TION, AND THE REQUIREMENTS OF THE BOARD OF REGENTS.
   (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
 MASSAGE THERAPIST, nurse practitioner, occupational therapist,  physical
 therapist,  physician, physician assistant, podiatrist, psychologist, or
 social worker authorized by the chair.
   § 2. Paragraphs (d) and (e) of subdivision 2 of section  13-b  of  the
 workers'  compensation  law, as added by section 1 of part CC of chapter
 55 of the laws of 2019, are amended to read as follows:
   (d) Upon the prescription or  referral  of  an  authorized  physician,
 physician assistant, podiatrist, or nurse practitioner acting within the
 scope  of  his  or her practice, care or treatment may be rendered to an
 injured employee by an authorized physical therapist, occupational ther-
 apist [or], acupuncturist OR MASSAGE THERAPIST provided  the  conditions
 and  the  treatment performed are among the conditions that the physical
 therapist, occupational therapist [or], acupuncturist OR MASSAGE  THERA-
 PIST  is  authorized to treat pursuant to the education law or the regu-
 lations of the commissioner of education. Where any such care or  treat-
 ment  is  rendered,  records  of  the  patient's condition and progress,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11388-01-9

 S. 5421                             2
 
 together with records of instruction for treatment,  if  any,  shall  be
 maintained  by  the  physical  therapist,  occupational  therapist [or],
 acupuncturist OR MASSAGE THERAPIST rendering treatment and by the refer-
 ring  physician, physician assistant, podiatrist, or nurse practitioner.
 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, MASSAGE THERAPIST or physician assistant shall
 not be considered as evidence of the causal relationship of  any  condi-
 tion to a work related accident or occupational disease under this chap-
 ter.  Nor may a record, report or opinion of a physical therapist, occu-
 pational  therapist  [or],  acupuncturist  OR   MASSAGE   THERAPIST   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.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as part CC of chapter 55 of the laws of 2019, takes effect.

Co-Sponsors

S5421A (ACTIVE) - Details

See Assembly Version of this Bill:: A7498
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §13-b, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2138, A8930
2023-2024: S6651

S5421A (ACTIVE) - Summary

Includes coverage of treatment rendered by a massage therapist.

S5421A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5421A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
coverage of treatment rendered by a massage therapist

 
PURPOSE:

Adds licensed massage therapists to the list of authorized providers of
workers' compensation.

 
SUMMARY OF PROVISIONS:

Sections one and two amend section 13-b of the workers' compensation law
to add licensed massage therapists to the list of authorized providers

Section 3 establishes the effective date

JUSTIFICATION:

Massage therapists are licensed to provide care to patients in New York
State under the provisions of Article 155 of the Education Law.  Howev-
er, injured employees can only be reimbursed for massage therapy
services on an ad-hoc basis, with some workers' compensation carriers
allowing it and others denying it.

This bill would add licensed massage therapists to the list of author-
ized providers and would allow an injured employee to receive reimburse-
ment for massage therapy services. Massage is a treatment used with
children, older adults, babies in incubators, patients with cancer,
AIDS, heart conditions and strokes, and in intensive care units. Most
American hospices provide massage and it is offered in many health
centers, pain clinics, and drug treatment clinics.

An October 2003 study by the American Hospital Association (AHA), with
support from the American Massage Therapy Association (AMTA), shows that
many hospitals are incorporating massage therapy into their pain manage-
ment programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy was
the most prevalent complementary and alternative medicine (CAM) offer-
ing, with 32 percent of hospitals reporting

CAM use saying the offer massage therapy. Of the hospitals with massage
therapy programs, more than 73 percent utilize massage therapy for pain
management and pain relief.

The AHA survey and the increasing use of massage therapy as revealed in
annual consumer visit surveys suggest that hospitals and healthcare
organizations are responding positively to the consensus of research and
evidence highlighting the benefits of massage therapy. Recent clinical
research on the efficacy of massage for pain management has demonstrated
that:

-Massage therapy is more effective for back pain than other complementa-
ry therapies.

-Massage therapy promotes relaxation and alleviated the perception of
pain and anxiety in cancer patients.
-Massage therapy reduces post-traumatic headaches better than cold pack
treatment.
-A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles
found that massage, as part of hospital-based surgery treatment, reduces
pain and muscle spasms in patients who have undergone heart bypass
surgery.
- Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NIH), has identified the management
and treatment of pain as a significant national health issue.  According
to NIH, pain is the most common reason people seek medical care and that
more than one third of all Americans will suffer from chronic pain at
some point in their lives. Chronic pain accounts for more than $100
billion in annual losses to American businesses through healthcare
expenses and lost productivity and approximately 14 percent of all
employees take time off from work due to pain each year.

In addition, a recent study was published by the American Massage Thera-
py Association titled Massage Therapy in Integrative Care & Pain Manage-
ment. Massage therapy is widely recognized as an effective non-pharmal-
cological therapy for managing chronic and acute pain, behavioral health
issues and for rehabilitation of injuries.

In addition to the study, on April 27, 2018 the Center for Medicare and
Medicaid Services (CMS) sent clarification to Medicare Advantage organ-
izations and Section 1876 Cost Contract Plans in order to provide addi-
tional guidance to assist plans in preparing their CY 2019 bids. The
clarifying memorandum: "Reinterpretation of 'Primarily Health Related'
for Supplemental Benefits" includes a specific reference to the avail-
ability of massage therapy as an approved supplemental benefit for pain
management:

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S5421A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5421--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the workers' compensation law, in relation to including
   coverage of treatment rendered by a massage therapist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (m) of subdivision 1 of section 13-b of the work-
 ers' compensation law, as added by section 1 of part CC of chapter 55 of
 the  laws of 2019, is amended and a new paragraph (f-1) is added to read
 as follows:
   (F-1) "MASSAGE THERAPIST" SHALL MEAN LICENSED AND HAVING  COMPLETED  A
 FORMAL  COURSE  OF  STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE
 WITH THE EDUCATION LAW, THE REGULATIONS OF THE  COMMISSIONER  OF  EDUCA-
 TION, AND THE REQUIREMENTS OF THE BOARD OF REGENTS.
   (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
 MASSAGE  THERAPIST, nurse practitioner, occupational therapist, physical
 therapist, physician, physician assistant, podiatrist, psychologist,  or
 social worker authorized by the chair.
   §  2.  Paragraphs  (d) and (e) of subdivision 2 of section 13-b of the
 workers' compensation law, as added by section 1 of part CC  of  chapter
 55 of the laws of 2019, are amended to read as follows:
   (d)  Upon  the  prescription  or  referral of an authorized physician,
 physician assistant, podiatrist, or nurse practitioner acting within the
 scope of his or her practice, care or treatment may be  rendered  to  an
 injured employee by an authorized physical therapist, occupational ther-
 apist  [or],  acupuncturist OR MASSAGE THERAPIST provided the conditions
 and the treatment performed are among the conditions that  the  physical
 therapist,  occupational therapist [or], acupuncturist OR MASSAGE THERA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11388-02-0

 S. 5421--A                          2
 
 PIST is authorized to treat pursuant to the education law or  the  regu-
 lations  of the commissioner of education. Where any such care or treat-
 ment 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],
 acupuncturist OR MASSAGE THERAPIST rendering treatment and by the refer-
 ring  physician, physician assistant, podiatrist, or nurse practitioner.
 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, MASSAGE THERAPIST or physician assistant shall
 not be considered as evidence of the causal relationship of  any  condi-
 tion to a work related accident or occupational disease under this chap-
 ter.  Nor may a record, report or opinion of a physical therapist, occu-
 pational  therapist  [or],  acupuncturist  OR   MASSAGE   THERAPIST   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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S5421

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Feb 25, 2020 - floor Vote

Floor Vote: Feb 25, 2020

Jan 14, 2020 - Labor committee Vote

Committee Vote: Jan 14, 2020

May 20, 2019 - floor Vote

Floor Vote: May 20, 2019

May 7, 2019 - Labor committee Vote

Labor Committee Vote: May 7, 2019

Bill Amendments

S5421 - Details

S5421 - Summary

S5421 - Sponsor Memo

S5421 - Bill Text download pdf

Co-Sponsors

S5421A (ACTIVE) - Details

S5421A (ACTIVE) - Summary

S5421A (ACTIVE) - Sponsor Memo

S5421A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5421

Share this bill

Sponsored By

Jessica Ramos

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Feb 25, 2020 - floor Vote

Floor Vote: Feb 25, 2020

Jan 14, 2020 - Labor committee Vote

Committee Vote: Jan 14, 2020

May 20, 2019 - floor Vote

Floor Vote: May 20, 2019

May 7, 2019 - Labor committee Vote

Labor Committee Vote: May 7, 2019

Bill Amendments

S5421 - Details

S5421 - Summary

S5421 - Sponsor Memo

S5421 - Bill Text download pdf

Co-Sponsors

Robert Jackson

S5421A (ACTIVE) - Details

S5421A (ACTIVE) - Summary

S5421A (ACTIVE) - Sponsor Memo

S5421A (ACTIVE) - Bill Text download pdf

Comments