NY State Senate Bill S2138

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 (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	vetoed memo.189
Dec 19, 2022	delivered to governor
May 16, 2022	returned to senate passed assembly ordered to third reading rules cal.214 substituted for a8930
Feb 17, 2022	referred to labor delivered to assembly passed senate
Jan 12, 2022	advanced to third reading
Jan 11, 2022	2nd report cal.
Jan 10, 2022	1st report cal.79
Jan 05, 2022	referred to labor
Jan 20, 2021	referred to labor

Votes

Co-Sponsors

S2138 (ACTIVE) - Details

See Assembly Version of this Bill:: A8930
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §13-b, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: S5421, A7498

S2138 (ACTIVE) - Summary

Includes coverage of treatment rendered by a massage therapist.

S2138 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2138

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:

 
FISCAL IMPLICATIONS:

None

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

S2138 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2138
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 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.

                                                            LBD06669-01-1

 S. 2138                             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 thirtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S2138

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

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Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 10, 2022 - Labor committee Vote

Labor Committee Vote: Jan 10, 2022

Co-Sponsors

S2138 (ACTIVE) - Details

S2138 (ACTIVE) - Summary

S2138 (ACTIVE) - Sponsor Memo

S2138 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2138

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 10, 2022 - Labor committee Vote

Labor Committee Vote: Jan 10, 2022

Co-Sponsors

Robert Jackson

S2138 (ACTIVE) - Details

S2138 (ACTIVE) - Summary

S2138 (ACTIVE) - Sponsor Memo

S2138 (ACTIVE) - Bill Text download pdf

Comments