§ 13-c. Licensing of compensation medical bureaus and laboratories. 1.
The chairman may, upon the recommendation of the medical society of the
county or of a board as provided in section thirteen-b, authorize and
license compensation medical bureaus in such counties operated by
qualified physicians wholly or principally for the diagnosis and
treatment of industrial injuries or illnesses in respect to which they
are authorized to render medical care under this chapter. The chairman,
however, shall not authorize or license more than two such bureaus
operated by the same physician. The chairman may, upon the
recommendation of the medical society of the county or of a board as
provided in section thirteen-b, authorize and license separate
laboratories and bureaus engaged in X-ray diagnosis or treatment and
clinical diagnosis, or in physiotherapy or other therapeutic procedures,
which participate in the diagnosis or treatment of injured workmen under
this chapter. The chairman, however, shall not authorize or license more
than two such laboratories or bureaus operated by the same physician.
Application for such authorization shall be made on forms to be
furnished by the chairman, and shall disclose in full the nature of the
personnel and equipment of such bureaus. If within sixty days after such
application has been filed the medical society or board refuses or fails
to act or refuses to recommend to the chairman that such license be
granted, the applicant may appeal to the medical appeals unit. Each such
bureau or laboratory which receives such authorization shall:

(a) Make reports on its personnel and equipment in such form and at
such times as may be required by the chairman; and

(b) Be subject to inspection by the chairman or the medical society of
the county in which such bureau or laboratory is located; and

2. No claim for services in connection with x-ray examination,
diagnosis or treatment of any claimant shall be valid or enforceable
except by a laboratory or bureau of a voluntary hospital authorized and
licensed under subdivision one of this section, or except by a physician
duly authorized as a roentgenologist by the chairman for services
performed by such physician or under his immediate supervision.

3. (a) The chairman may authorize a medical center, jointly operated
by labor and management representatives as a non-profit corporation or
as a non-profit benefit trust, approved by and under the supervision of
the New York state department of health, to provide medical, surgical,
dental, optometric, podiatric, or other attendance or treatment,
including X-ray diagnosis or treatment, physiotherapy or other
therapeutic procedures or services, laboratory services and any and all
other services required to be provided for an injured employee under
section thirteen of this chapter, entitled "Treatment and care of
injured employees".

(b) Application for such authorization shall be made on forms to be
furnished by the chairman, and shall disclose in full the nature of the
personnel and equipment of such medical center. Each such medical center
which receives such authorization shall:

(i) Make reports on its personnel and equipment in such form and at
such times as may be required by the chairman;

(ii) Be subject to inspection by the chairman;

(c) All treatment and services provided hereunder shall be provided on
an out-patient basis to employees, who are claimants for workmen's
compensation, eligible to use the medical center pursuant to an
agreement, plan, deed of trust or labor-management collective bargaining
agreement.

(d) (i) A physician rendering medical care at a medical center
authorized hereunder must be authorized to render such care pursuant to
this chapter and he shall limit his professional activities hereunder to
such medical care as his experience and training qualify him to render.

(ii) When para-medical, laboratory or X-ray services or other medical
care is required it shall be rendered, under the active and personal
supervision of an authorized physician, by a registered nurse or other
person trained in laboratory or diagnostic techniques within the scope
of such person's specialized training and qualifications. This
supervision shall be evidenced by signed records of instructions for
treatment and signed records of the patient's condition and progress.
Reports of such treatment and supervision shall be made by such
physician to the chairman on such forms and at such times as the
chairman may require.

(iii) When physical therapy care is required it shall be rendered by a
duly licensed physical therapist upon the referral which may be
directive as to treatment of an authorized physician or podiatrist
within the scope of such physical therapist's specialized training and
qualifications as defined in article one hundred thirty-six of the
education law. Reports of such treatment and records of instruction for
treatment, if any, shall be maintained by the physical therapist and
referring professional and submitted to the chairman on such forms and
at such times as the chairman may require.

(iv) When occupational therapy care is required it shall be rendered
by a duly licensed and registered occupational therapist upon the
prescription or referral of an authorized physician within the scope of
such occupational therapist's specialized training and qualifications as
defined in article one hundred fifty-six of the education law. Reports
of such treatment and records of instruction for treatment, if any,
shall be maintained by the occupational therapist and referring
professional and submitted to the chairman on such forms and at such
times as the chairman may require.

(v) The physician rendering the medical care hereunder shall be in
charge of the care unless, in his judgment, it is necessary to refer the
case to a specially trained and qualified physician, which physician
shall then assume complete responsibility for and supervision of any
further medical care rendered.

(e) Notwithstanding any provision of this chapter to the contrary, a
medical center authorized by the chairman to render medical care and
laboratory services under this section, is authorized and may charge for
any and all services rendered in accordance with such schedule or
schedules prepared and established by the chairman.

(f) Nothing herein contained shall operate to prevent such employee
from selecting for rendering or continuance of any medical treatment or
care required, any physician authorized by the chairman to render
medical care as hereinabove provided, in accordance with section
thirteen-a, of this chapter.

(g) The chairman shall have full power and authority and it shall be
his duty to investigate instances of misconduct, or violations of the
provisions of this chapter or violations of the rules promulgated by the
chairman under the provisions of this chapter, or failure to submit full
and truthful medical reports directly to the chairman within the time
limits provided under subdivision four of section thirteen-a of this
chapter; and, after a hearing, to temporarily suspend or revoke the
license of any such medical center. The chairman may also temporarily
suspend or revoke the license of any such medical center upon finding,
after a hearing, that such medical center has been guilty of
professional or other misconduct or that the personnel of such center is
not properly qualified under this chapter or the equipment of such
medical center is inadequate for the proper rendering of medical care.

(h) The chairman may adopt such reasonable rules and regulations for
the authorization and continued supervision of medical centers under
this section, as he may deem necessary and proper.

4. (a) The chairman may authorize a hospital as defined in article
twenty-eight of the public health law or a health maintenance
organization holding a valid certificate of authority issued pursuant to
article forty-four of the public health law or operating under the
provisions of article forty-three of the insurance law to provide
out-patient medical care under this chapter.

(b) Application for such authorization shall be made on forms to be
furnished by the chairman, and shall disclose in full the nature of the
personnel and equipment of such hospital or health maintenance
organization. Each such hospital or health maintenance organization
which receives such authorization shall:

(i) Make reports on its personnel and equipment in such form and at
such times as may be required by the chairman; and

(ii) Be subject to inspection and investigation as provided hereunder.

(c) All treatment and services provided hereunder shall be provided on
an out-patient basis to workers' compensation claimants.

(d) (i) A physician rendering medical care at a hospital or health
maintenance organization authorized hereunder must be authorized to
render such care pursuant to this chapter and he or she shall limit his
or her professional activities hereunder to such medical care as his or
her experience and training qualify him or her to render. The physician
rendering the medical care shall sign and submit all forms and reports
as the chairman may require.

(ii) When para-medical, laboratory or X-ray services or other medical
care is required it shall be rendered, under the active and personal
supervision of an authorized physician, by a registered nurse or other
person trained in laboratory or diagnostic techniques within the scope
of such person's specialized training and qualifications. This
supervision shall be evidenced by signed records of instructions for
treatment and signed records of the patient's condition and progress.
Reports of such treatment and supervision shall be made by such
physician to the chairman on such forms and at such times as the
chairman may require.

(iii) When physical therapy care is required it shall be rendered by a
duly licensed physical therapist upon the referral which may be
directive as to treatment of an authorized physician or podiatrist
within the scope of such physical therapist's specialized training and
qualifications as defined in article one hundred thirty-six of the
education law. Reports of such treatment and records of instruction for
treatment, if any, shall be maintained by the physical therapist and
referring professional and submitted to the chairman of such forms and
at such times as the chairman may require.

(iv) When occupational therapy care is required it shall be rendered
by a duly licensed and registered occupational therapist upon the
prescription or referral of an authorized physician within the scope of
such occupational therapist's specialized training and qualifications as
defined in article one hundred fifty-six of the education law. Reports
of such treatment and records of instruction for treatment, if any,
shall be maintained by the occupational therapist and referring
professional and submitted to the chairman on such forms and at such
times as the chairman may require.
Reports of such treatment and supervision shall be made by such
physician to the chairman on such forms and at such times as the
chairman may require.

(v) The physician rendering the medical care hereunder shall be in
charge of the care unless, in his or her judgment, it is necessary to
refer the case to a specially trained and qualified authorized
physician, which physician shall then assume complete responsibility for
and supervision of any further medical care rendered.

(e) Notwithstanding any provision of this chapter to the contrary, a
hospital or health maintenance organization authorized by the chairman
to render medical care and laboratory services under this section, is
authorized and may charge for any and all services rendered in
accordance with such schedule or schedules prepared and established by
the chairman.

(f) Nothing herein contained shall operate to prevent such employee
from selecting for rendering or continuance of any medical treatment or
care required, any physician authorized by the chairman to render
medical care as hereinabove provided, in accordance with section
thirteen-a of this chapter.

(g) (i) The department of health shall conduct inspections and
investigations and make recommendations with respect to charges of
professional or other misconduct or that the personnel of an authorized
hospital or health maintenance organization are not properly qualified
under this chapter or that the equipment of such hospital or health
maintenance organization is inadequate for the proper rendering of
medical care. After such inspection and investigation the department of
health shall refer its report and recommendations to the chairman, who
shall have full power and authority to temporarily suspend or revoke the
authorization under this subdivision of any such hospital or health
maintenance organization upon finding, after a hearing, that such
hospital or health maintenance organization has been guilty of
professional or other misconduct, or that the personnel of such hospital
or health maintenance organization are not properly qualified under this
chapter or the equipment of such hospital or health maintenance
organization is inadequate for the proper rendering of medical care. The
recommendations of the department of health shall be advisory to the
chairman only and shall not be binding or conclusive upon him.

(ii) The chairman shall have full power and authority and it shall be
his duty to investigate violations of the provisions of this chapter or
violations of the rules promulgated by the chairman under the provisions
of this chapter, or failure to submit full and truthful medical reports
directly to the chairman within the time limits provided under
subdivision four of section thirteen-a of this article, and, after a
hearing, to temporarily suspend or revoke the authorization under this
subdivision of any such hospital or health maintenance organization.

(h) The chairman may adopt such reasonable rules and regulations for
the authorization and continued supervision of hospitals and health
maintenance organizations under this section as he may deem necessary
and proper.