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Assembly Bill A5315

2025-2026 Legislative Session

Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence

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2025-A5315 (ACTIVE) - Details

See Senate Version of this Bill:
S4518
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L
Versions Introduced in 2023-2024 Legislative Session:
A8957, S8323

2025-A5315 (ACTIVE) - Summary

Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence or an attempt to improperly influence.

2025-A5315 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5315
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  REYES,  SEAWRIGHT,  SHIMSKY, MEEKS, MAMDANI,
   BURDICK, SAYEGH, SHRESTHA, SANTABARBARA -- read once and  referred  to
   the Committee on Labor
 
 AN  ACT  to amend the workers' compensation law, in relation to communi-
   cations between a claimant's attorney or representative and an injured
   employee's treating provider or a claimant's medical consultant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 6 of section 13-a of the work-
 ers'  compensation law, as amended by section 8 of part CC of chapter 55
 of the laws of 2019, is amended to read as follows:
   (a) Any interference by any person with the selection  by  an  injured
 employee  of  an  authorized  physician  to  treat  [him]  SUCH  INJURED
 EMPLOYEE, except when the selection is made pursuant to article ten-A of
 this chapter, and the improper influencing  or  attempt  by  any  person
 improperly  to  influence  the  medical opinion of any physician who has
 treated or  examined  an  injured  employee,  shall  be  a  misdemeanor;
 provided, however, that it shall not constitute interference or improper
 influence  if,  in the presence of such injured employee's physician, an
 employer, [his] SUCH INJURED EMPLOYEE'S carrier or agent  should  recom-
 mend  or  provide  information concerning rehabilitation services or the
 availability thereof to  an  injured  employee  or  [his]  SUCH  INJURED
 EMPLOYEE'S  family.    IT  SHALL NOT CONSTITUTE IMPROPER INFLUENCE OR AN
 ATTEMPT TO IMPROPERLY INFLUENCE IF A CLAIMANT'S  ATTORNEY  OR  REPRESEN-
 TATIVE  COMMUNICATES, VERBALLY OR IN WRITING, WITH AN INJURED EMPLOYEE'S
 TREATING PROVIDER OR A CLAIMANT'S MEDICAL CONSULTANT. SUCH COMMUNICATION
 SHALL NOT SERVE AS A BASIS TO DIMINISH OR PRECLUDE THE  OPINION  OF  THE
 TREATING  PROVIDER  OR  CLAIMANT'S  CONSULTANT. IT SHALL NOT BE PRESUMED
 THAT A CLAIMANT'S ATTORNEY OR REPRESENTATIVE'S  COMMUNICATION  WITH  THE
 INJURED  EMPLOYEE'S  TREATING  PROVIDER OR CLAIMANT'S MEDICAL CONSULTANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08154-01-5
 A. 5315                             2

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