§ 13-k. Care and treatment of injured employees by duly licensed
podiatrists. 1. When the term "chairman" is hereinafter used, it shall
be deemed to mean the chair of the workers' compensation board of the
state of New York.

2. An employee injured under circumstances which make such injury
compensable under this article, when care is required for an injury to
the foot which injury or resultant condition therefrom may lawfully be
treated by a duly registered and licensed podiatrist of the state of New
York, may select to treat him or her any podiatrist authorized by the
chair to render podiatric medical care, as hereinafter provided. If the
injury or condition is one which is without the limits prescribed by the
education law for podiatric medical care and treatment, or the injuries
involved affect other parts of the body in addition to the foot, the
said podiatrist must so advise the said injured employee and instruct
him or her to consult a physician of said employee's choice for
appropriate care and treatment. Such physician shall thenceforth have
overall supervision of the treatment of said patient including the
future treatment to be administered to the patient by the podiatrist. If
for any reason during the period when podiatric medical treatment and
care is required, the employee wishes to transfer his or her treatment
and care to another authorized podiatrist he or she may do so, in
accordance with rules prescribed by the chair, provided however that the
employer shall be liable for the proper fees of the original podiatrist
for the care and treatment he or she shall have rendered. The chair
shall prepare and establish a schedule for the state, or schedules
limited to defined localities, of charges and fees for podiatric medical
treatment and care, to be determined in accordance with and to be
subject to change pursuant to rules promulgated by the chair. Before
preparing such schedule for the state or schedules for limited
localities the chair shall request the podiatric medicine practice
committee to submit to him or her a report on the amount of remuneration
deemed by such committee to be fair and adequate for the types of
podiatric medical care to be rendered under this chapter, but
consideration shall be given to the view of other interested parties.
The amounts payable by the employer for such treatment and services
shall be the fees and charges established by such schedule.

3. (a) No claim for podiatry care or treatment shall be valid and
enforceable as against the employer or employee unless within
forty-eight hours following the first treatment the podiatrist giving
such care or treatment furnish to the employer and directly to the chair
a preliminary notice of such injury and treatment, within fifteen days
thereafter a more complete report and subsequent thereto progress
reports as requested in writing by the chair, board, employer or
insurance carrier, at intervals of not less than three weeks apart or at
less frequent intervals if requested on forms prescribed by the chair.
The board may excuse the failure to give such notices within the
designated periods when it finds it to be in the interest of justice to
do so.

(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier and the claimant each shall be
entitled to have the claimant examined by a qualified podiatrist
authorized by the chair in accordance with section thirteen-b and
section one hundred thirty-seven of this chapter, at a medical facility
convenient to the claimant and in the presence of the claimant's
podiatrist, and refusal by the claimant to submit to such independent
medical examination at such time or times as may reasonably be necessary
in the opinion of the board shall bar the claimant from recovering
compensation for any period during which he or she has refused to submit
to such examination.

(c) Where it would place an unreasonable burden upon the employer or
carrier to arrange for, or for the claimant to attend, an independent
medical examination by an authorized podiatrist, the employer or carrier
shall arrange for such examination to be performed by a qualified
podiatrist in a medical facility convenient to the claimant.

(d) The independent podiatric examiner shall provide such reports and
shall submit to investigation as required by the chair.

(e) In order to qualify as admissible medical evidence, for purposes
of adjudicating any claim under this chapter, any report submitted to
the board by an independent podiatric examiner licensed by the state of
New York shall include the following:

(i) a signed statement certifying that the report is a full and
truthful representation of the independent podiatric examiner's
professional opinion with respect to the claimant's condition,

(ii) such examiner's board issued authorization number,

(iii) the name of the individual or entity requesting the examination,

(iv) if applicable, the registration number as required by section
thirteen-n of this article, and

(v) such other information as the chair may require by regulation.

4. Fees for podiatry services shall be payable only to a duly
authorized podiatrist as defined in this section or to the agent,
executor or administrator of the estate of such podiatrist. No
podiatrist rendering treatment to a compensation claimant, shall collect
or receive a fee from such claimant within this state, but shall have
recourse for payment of services rendered only to the employer under the
provisions of this section.

5. Whenever his attendance at a hearing is required, the podiatrist of
the injured employee shall be entitled to receive a fee from the
employer in an amount to be fixed by the board, in addition to any fee
payable under section eight thousand one of the civil practice law and
rules.

6. (a) The provisions of subdivisions one and three of section
thirteen-g of this article with respect to the conditions under which a
hospital, physician or self-employed physical or occupational therapist
may request payment or arbitration of a bill, or under which an award
may be made for payment of such bill, shall be applicable to bills
rendered by a podiatrist for services rendered to an injured employee.

(b) If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant, and the amount of the
disputed bill is one thousand dollars or less, or where the amount of
the disputed bill exceeds one thousand dollars and the podiatrist
expressly so requests, such value shall be decided by a single
arbitrator process, pursuant to rules promulgated by the chair. The
chair shall appoint a member in good standing of a recognized
professional association representing podiatrists in the state of New
York to determine the value of such disputed bill. Decisions rendered
under the single arbitrator process shall be conclusive upon the parties
as to the value of the services in dispute.

(c) If the parties fail to agree as to the value of podiatry care
rendered under this chapter to a claimant and the amount of the disputed
bill exceeds one thousand dollars and the podiatrist does not expressly
request a single arbitrator process in accordance with paragraph (b) of
this subdivision, such value shall be decided by an arbitration
committee consisting of three duly registered and licensed podiatrists
who are members of a recognized professional association representing
podiatrists in the state of New York, one to be appointed by the
president of such an association, one to be appointed by the employer or
carrier and one to be appointed by the chair of the workers'
compensation board and the majority decision of such committee shall be
conclusive upon the parties as to the value of the services rendered.

(d) The board or the chair may make an award not in excess of the
established fee schedules for any such bill or part thereof which
remains unpaid in the same manner as an award for bills rendered under
subdivisions one and three of section thirteen-g of this article, and
such award may be collected in like manner as an award of compensation.
Where a podiatrist's bill has been determined to be due and owing in
accordance with the provisions of this section the board shall include
in the amount of the award interest of not more than one and one-half
percent (1 1/2%) per month payable to the podiatrist in accordance with
the rules and regulations promulgated by the board. The chair shall
assess the sum of fifty dollars against the employer for each such award
made by the board, which sum shall be paid into the state treasury.

(e) A provider initiating an arbitration, including a single
arbitration process, pursuant to this section shall not be required to
pay a fee related to the conduct of such arbitration. Each member of the
arbitration committee shall be entitled to receive and shall be paid a
fee for each day's attendance at an arbitration session in an amount
fixed by the chair of the workers' compensation board.

7. Within the limits prescribed by the education law for podiatry care
and treatment, the report or testimony of an authorized podiatrist
concerning the condition of the foot of an injured employee and the
treatment thereof shall be deemed competent evidence and the
professional opinion of the podiatrist as to causal relation and as to
required treatment shall be deemed competent but shall not be
controlling. Nothing in this section shall be deemed to deprive any
employer or insurance carrier of any right to medical examination or
presentation of medical testimony now conferred by law.

8. The chairman shall promulgate rules governing the procedure to be
followed by those rendering podiatry care under this section, which
rules so far as practicable shall conform to the rules presently in
effect with reference to medical care furnished to claimants in
workmen's compensation. In connection with the promulgation of said
rules the chairman may consult the podiatry practice committee
hereinafter provided and may take into consideration the view of other
interested parties.

9. The chairman shall appoint for and with jurisdiction in the entire
state of New York a single podiatry practice committee composed of one
duly licensed physician and two duly registered and licensed podiatrists
of the state of New York. Each podiatry member of said committee shall
have been engaged in the practice of podiatry as a duly registered and
licensed podiatrist of the state of New York at least ten years prior to
the time of his appointment and shall receive compensation either on an
annual basis or on a per diem basis to be fixed by the chairman within
amounts appropriated therefor. One of said members shall be designated
by the chairman as chairman of said podiatry practice committee. No
member of said committee shall render podiatry treatment under this
section nor be employed by or accept or participate in any fee from any
insurance company authorized to write workmen's compensation insurance
in this state or from any self-insurer, whether such employment or fee
relates to a workmen's compensation claim or otherwise. The attorney
general, upon request, shall advise and assist such committee.

10. The podiatry practice committee shall investigate, hear and make
findings with respect to all charges as to professional or other
misconduct of any authorized podiatrist as herein provided under rules
and procedures to be prescribed by the chair and shall report evidence
of such misconduct, with their findings and recommendation with respect
thereto, to the chair. The findings, decision and recommendation of such
podiatry practice committee shall be advisory to the chair only, and
shall not be binding or conclusive upon him or her. The chair shall
remove from the list of podiatrists authorized to render podiatry care
under this chapter or to conduct independent medical examinations in
accordance with paragraph (b) of subdivision three of this section the
name of any podiatrist who he or she shall find after reasonable
investigation is disqualified because such podiatrist

(a) has been guilty of professional or other misconduct or
incompetency in connection with podiatry services rendered under the
law; or

(b) has exceeded the limits of his or her professional competence in
rendering podiatry care under the law, or has made materially false
statements regarding his or her qualifications in his or her application
for authorization; or

(c) has failed to submit timely, full and truthful podiatry reports of
all his or her findings to the employer and directly to the chair or the
board within the time limits provided in this section; or

(d) has knowingly made a false statement or presentation as to a
material fact in any medical report made pursuant to this chapter or in
testifying or otherwise providing information for the purposes of this
chapter; or

(e) has solicited or has employed another to solicit for himself or
herself or for another professional treatment, examination or care of an
injured employee with any claim under this chapter; or

(f) has refused to appear before, to testify, to submit to a
deposition, or to answer upon request of, the chair, board, podiatry
practice committee or any duly authorized officer of the state, any
legal question or produce any relevant book or paper concerning his or
her conduct under an authorization granted to him or her under the law,
or

(g) has directly or indirectly requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or
profited by means of a credit or other valuable consideration as a
commission, discount or gratuity in connection with the treatment, or
independent medical examination, of a workers' compensation claimant.
Nothing contained in this paragraph shall prohibit such podiatrists who
practice as partners, in groups or as a professional corporation from
pooling fees and moneys received, either by the partnership,
professional corporation or group by the individual members thereof, for
professional services furnished by any individual professional member,
or employee of such partnership, corporation or group, nor shall the
professionals constituting the partnership, corporation, or group be
prohibited from sharing, dividing or apportioning the fees and moneys
received by them or by the partnership, corporation or group in
accordance with a partnership or other agreement.

11. Any person who violates or attempts to violate, and any person who
aids another to violate or attempts to induce him to violate the
provisions of paragraph g of subdivision ten of this section shall be
guilty of a misdemeanor.

12. Nothing in this section shall be construed as limiting in any
respect the power or duty of the chairman to investigate instances of
misconduct, either before or after investigation by the podiatry
practice committee or to temporarily suspend the authorization of any
podiatrist that he may believe to be guilty of such misconduct. The
provisions of subdivision one of section thirteen-d of this article
which are not inconsistent with the provisions of this section shall be
applicable as fully as if set forth herein.

13. Upon the referral which may be directive as to treatment of an
authorized podiatrist physical therapy care may be rendered by a duly
licensed physical therapist.