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Assembly Bill A7235

2021-2022 Legislative Session

Prohibits the promulgation of certain rules and regulations to ensure quality access to and a competitive market for durable medical equipment within the workers' compensation system

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Archive: Last Bill Status - In Assembly Committee

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2021-A7235 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §117, Work Comp L

2021-A7235 (ACTIVE) - Summary

Prohibits the promulgation of certain rules and regulations to ensure quality access to and a competitive market for durable medical equipment within the workers' compensation system.

2021-A7235 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7235
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to prohibit-
   ing the promulgation of certain rules and regulations to ensure quali-
   ty access to and a competitive market for  durable  medical  equipment
   within the workers' compensation system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 117 of the workers' compensation law is amended  by
 adding a new subdivision 3 to read as follows:
   3.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD AND THE
 CHAIRMAN ARE PROHIBITED FROM PROMULGATING ANY  RULE  OR  REGULATION,  OR
 ENFORCING ANY SUCH RULE OR REGULATION REQUIRING A DURABLE MEDICAL EQUIP-
 MENT  PROVIDER  TO  BE  CERTIFIED  AS A NEW YORK STATE MEDICAID ENROLLED
 SUPPLIER; AND, PRIOR TO ANY ACTION REQUIRING  ACCREDITATION  OF  DURABLE
 MEDICAL EQUIPMENT PROVIDERS, SHALL CONDUCT A STUDY ON THE IMPACTS ON THE
 COSTS  AND MARKET SHARE THAT AN ACCREDITATION WOULD HAVE ON PROVIDERS OF
 DURABLE MEDICAL EQUIPMENT. IN  CONDUCTING  SUCH  STUDY,  THE  BOARD  AND
 CHAIRMAN  SHALL  SEEK  AND  CONSIDER  INPUT FROM STAKEHOLDERS, INCLUDING
 PROVIDERS OF DURABLE MEDICAL EQUIPMENT. THE BOARD AND THE  CHAIRMAN  ARE
 FURTHER  PROHIBITED FROM PROMULGATING ANY RULE OR REGULATION, OR ENFORC-
 ING ANY SUCH RULE OR REGULATION, THAT WOULD  REIMBURSE  DURABLE  MEDICAL
 EQUIPMENT  AT  LESS THAN ONE HUNDRED PERCENT OF THE NEW YORK STATE MEDI-
 CAID DURABLE MEDICAL EQUIPMENT FEE SCHEDULE.
   (B) ANY PROVISION OF THE BOARD OR OF  THE  CHAIRMAN'S  REGULATIONS  IN
 EFFECT  ON THE EFFECTIVE DATE OF THIS PROVISION WHICH MAY BE CONTRARY TO
 THIS  PROVISION  SHALL  BE  DEEMED  NULL  AND  VOID.  PARTICULARLY,  ANY
 PROVISION  OF  THE  BOARD  OR  CHAIRMAN'S  REGULATION  12 NYCRR PART 442
 CONTRARY TO THIS SUBDIVISION SHALL BE NULL AND VOID  AND  THE  BOARD  OR
 CHAIRMAN  SHALL AMEND THE REGULATION ACCORDINGLY, BY THE CONSENSUS REGU-
 LATORY PROCESS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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