Bill Text: NY A06122 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the workers' compensation law, in relation to authorizing the care and treatment of injured employees by duly licensed social workers

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-06-08 - held for consideration in labor [A06122 Detail]

Download: New_York-2009-A06122-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6122
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2009
                                      ___________
       Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. ENGLE-
         BRIGHT, LATIMER -- read once and referred to the Committee on Labor
       AN ACT to amend the workers' compensation law, in relation to  authoriz-
         ing  the  care  and  treatment  of  injured employees by duly licensed
         social workers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  workers' compensation law is amended by adding a new
    2  section 13-p to read as follows:
    3    S 13-P. CARE AND TREATMENT  OF  INJURED  EMPLOYEES  BY  DULY  LICENSED
    4  SOCIAL  WORKERS.  1.  WHERE  THE  TERM  "SOCIAL  WORKER" IS USED IN THIS
    5  SECTION, SUCH TERM SHALL MEAN A  LICENSED  MASTER  SOCIAL  WORKER  OR  A
    6  LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
    7  FIFTY-FOUR OF THE EDUCATION LAW.
    8    2.  (A)  AN  INJURED  EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
    9  SUCH INJURY COMPENSABLE UNDER THIS ARTICLE,  MAY  LAWFULLY  BE  TREATED,
   10  UPON  THE  REFERRAL OF AN AUTHORIZED PHYSICIAN, BY A SOCIAL WORKER, DULY
   11  REGISTERED AND LICENSED BY THE STATE OF  NEW  YORK,  AUTHORIZED  BY  THE
   12  CHAIR TO RENDER SOCIAL WORK CARE PURSUANT TO THIS SECTION. SUCH SERVICES
   13  SHALL  BE  WITHIN THE SCOPE OF SUCH SOCIAL WORKER'S SPECIALIZED TRAINING
   14  AND QUALIFICATIONS AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FOUR  OF  THE
   15  EDUCATION LAW.
   16    (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
   17  MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
   18  TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
   19  OF  THIS  ARTICLE,  MAY PROVIDE SOCIAL WORK SERVICES WHEN REQUIRED, UPON
   20  THE REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH CARE IS  RENDERED
   21  BY  A DULY REGISTERED, LICENSED AND AUTHORIZED SOCIAL WORKER AS REQUIRED
   22  BY THIS SECTION.
   23    (C) A SOCIAL WORKER RENDERING SERVICE PURSUANT TO THIS  SECTION  SHALL
   24  MAINTAIN  RECORDS  OF  THE  PATIENT'S  CONDITION AND TREATMENT, AND SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08793-01-9
       A. 6122                             2
    1  RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR ON SUCH FORMS AND  AT
    2  SUCH TIMES AS THE CHAIR MAY REQUIRE.
    3    3. A SOCIAL WORKER, LICENSED AND REGISTERED TO PRACTICE SOCIAL WORK IN
    4  THE  STATE  OF  NEW  YORK, WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
    5  SOCIAL WORK CARE UNDER THIS SECTION AND/OR TO CONDUCT INDEPENDENT  EXAM-
    6  INATIONS  IN  ACCORDANCE  WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS
    7  SECTION SHALL FILE AN APPLICATION FOR AUTHORIZATION UNDER  THIS  SECTION
    8  WITH  THE  SOCIAL  WORK PRACTICE COMMITTEE. THE APPLICANT SHALL AGREE TO
    9  REFRAIN FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A  PRIVATE
   10  PATIENT,  ANY  PERSON SEEKING SOCIAL WORK TREATMENT, OR SUBMITTING TO AN
   11  INDEPENDENT EXAMINATION, IN CONNECTION WITH, OR  AS  A  RESULT  OF,  ANY
   12  INJURY  COMPENSABLE  UNDER  THIS  CHAPTER, IF HE OR SHE HAS BEEN REMOVED
   13  FROM THE LIST OF SOCIAL WORKERS AUTHORIZED TO RENDER  SOCIAL  WORK  CARE
   14  UNDER  THIS  CHAPTER.  THIS  AGREEMENT  SHALL  RUN TO THE BENEFIT OF THE
   15  INJURED PERSON SO TREATED, AND SHALL BE AVAILABLE AS A  DEFENSE  IN  ANY
   16  ACTION  BY SUCH SOCIAL WORKER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH
   17  SOCIAL WORKER AFTER BEING  REMOVED  FROM  THE  LIST  OF  SOCIAL  WORKERS
   18  AUTHORIZED TO RENDER SOCIAL WORK CARE OR TO CONDUCT INDEPENDENT EXAMINA-
   19  TIONS UNDER THIS SECTION. THE SOCIAL WORK PRACTICE COMMITTEE IF IT DEEMS
   20  SUCH  LICENSED SOCIAL WORKER DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR
   21  THAT SUCH PERSON BE AUTHORIZED TO RENDER  SOCIAL  WORK  CARE  AND/OR  TO
   22  CONDUCT  INDEPENDENT  EXAMINATIONS  UNDER THIS SECTION. SUCH RECOMMENDA-
   23  TIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND SHALL NOT  BE  BINDING  OR
   24  CONCLUSIVE.  THE  CHAIR  SHALL  PREPARE AND ESTABLISH A SCHEDULE FOR THE
   25  STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR
   26  SOCIAL WORK TREATMENT AND CARE, TO BE DETERMINED IN ACCORDANCE WITH  AND
   27  BE  SUBJECT TO CHANGE PURSUANT TO RULES PROMULGATED BY THE CHAIR. BEFORE
   28  PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES FOR  LIMITED  LOCALI-
   29  TIES  THE  CHAIR  SHALL  REQUEST  THE  SOCIAL WORK PRACTICE COMMITTEE TO
   30  SUBMIT TO SUCH CHAIR A REPORT ON THE AMOUNT OF  REMUNERATION  DEEMED  BY
   31  SUCH COMMITTEE TO BE FAIR AND ADEQUATE FOR THE TYPES OF SOCIAL WORK CARE
   32  TO  BE  RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO
   33  THE VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS PAYABLE BY THE EMPLOY-
   34  ER FOR SUCH TREATMENT AND SERVICES SHALL BE THE FEES AND CHARGES  ESTAB-
   35  LISHED BY SUCH SCHEDULE.
   36    4.   (A) NO CLAIM FOR SOCIAL WORK CARE OR TREATMENT SHALL BE VALID AND
   37  ENFORCEABLE  AS  AGAINST  THE  EMPLOYER  OR  EMPLOYEES   UNLESS   WITHIN
   38  FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT THE SOCIAL WORKER GIVING
   39  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE
   40  CHAIR A PRELIMINARY NOTICE OF SUCH  INJURY  AND  TREATMENT,  AND  WITHIN
   41  FIFTEEN  DAYS  THEREAFTER  A MORE COMPLETE REPORT AND SUBSEQUENT THERETO
   42  PROGRESS REPORTS AS REQUESTED IN WRITING BY THE CHAIR,  BOARD,  EMPLOYER
   43  OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR
   44  AT  LESS  FREQUENT  INTERVALS  IF  REQUESTED  ON FORMS PRESCRIBED BY THE
   45  CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN  THE
   46  DESIGNATED  PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE TO
   47  DO SO.
   48    (B) UPON RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A)  OF  THIS
   49  SUBDIVISION,  THE  EMPLOYER, THE CARRIER, AND THE CLAIMANT EACH SHALL BE
   50  ENTITLED TO HAVE THE CLAIMANT EXAMINED BY  A  QUALIFIED  SOCIAL  WORKER,
   51  AUTHORIZED  BY  THE  CHAIR  IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
   52  SECTION, AT A MEDICAL FACILITY CONVENIENT TO THE  CLAIMANT  AND  IN  THE
   53  PRESENCE OF THE CLAIMANT'S SOCIAL WORKER, AND REFUSAL BY THE CLAIMANT TO
   54  SUBMIT  TO  SUCH  INDEPENDENT  EXAMINATION  AT SUCH TIME OR TIMES AS MAY
   55  REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD SHALL BAR THE CLAIM-
       A. 6122                             3
    1  ANT FROM RECOVERING COMPENSATION, FOR ANY PERIOD DURING WHICH HE OR  SHE
    2  HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
    3    (C)  WHERE  IT WOULD PLACE AN UNREASONABLE BURDEN UPON THE EMPLOYER OR
    4  CARRIER TO ARRANGE FOR, OR FOR THE CLAIMANT TO  ATTEND,  AN  INDEPENDENT
    5  EXAMINATION  BY  AN  AUTHORIZED  SOCIAL  WORKER, THE EMPLOYER OR CARRIER
    6  SHALL ARRANGE FOR SUCH EXAMINATION TO BE PERFORMED BY A QUALIFIED SOCIAL
    7  WORKER IN A MEDICAL FACILITY CONVENIENT TO THE CLAIMANT.
    8    (D) THE INDEPENDENT SOCIAL WORKER EXAMINER LICENSED BY  THE  STATE  OF
    9  NEW YORK SHALL PROVIDE SUCH REPORTS AND SHALL SUBMIT TO INVESTIGATION AS
   10  REQUIRED BY THE CHAIR.
   11    (E)  IN ORDER TO QUALIFY AS ADMISSIBLE EVIDENCE, FOR PURPOSES OF ADJU-
   12  DICATING ANY CLAIM UNDER THIS CHAPTER, ANY REPORT SUBMITTED TO THE BOARD
   13  BY AN INDEPENDENT SOCIAL WORK EXAMINER LICENSED BY THE STATE OF NEW YORK
   14  SHALL INCLUDE THE FOLLOWING:
   15    (I) A SIGNED STATEMENT CERTIFYING THAT THE REPORT IS A FULL AND TRUTH-
   16  FUL REPRESENTATION OF THE INDEPENDENT  SOCIAL  WORK  EXAMINER'S  PROFES-
   17  SIONAL OPINION WITH RESPECT TO THE CLAIMANT'S CONDITION,
   18    (II) SUCH EXAMINER'S BOARD ISSUED AUTHORIZATION NUMBER,
   19    (III) THE NAME OF THE INDIVIDUAL OR ENTITY REQUESTING THE EXAMINATION,
   20  AND
   21    (IV) SUCH OTHER INFORMATION AS THE CHAIR MAY REQUIRE BY REGULATION.
   22    5.  FEES  FOR  SOCIAL  WORK  SERVICES  SHALL BE PAYABLE ONLY TO A DULY
   23  AUTHORIZED SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED  FIFTY-FOUR
   24  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR OF THE
   25  ESTATE OF SUCH SOCIAL WORKER. NO SOCIAL WORKER RENDERING TREATMENT TO  A
   26  COMPENSATION  CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT
   27  WITHIN THIS STATE, BUT SHALL  HAVE  RECOURSE  FOR  PAYMENT  OF  SERVICES
   28  RENDERED ONLY TO THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
   29    6.  WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED THE SOCIAL
   30  WORKER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A  FEE  FROM
   31  THE  EMPLOYER  IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO ANY
   32  FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL  PRACTICE  LAW
   33  AND RULES.
   34    7.  (A)  THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF SECTION THIR-
   35  TEEN-G OF THIS ARTICLE WITH RESPECT TO  THE  CONDITIONS  UNDER  WHICH  A
   36  HOSPITAL,  PHYSICIAN OR SELF-EMPLOYED PHYSICAL OR OCCUPATIONAL THERAPIST
   37  MAY REQUEST PAYMENT OR ARBITRATION OF A BILL, OR UNDER  WHICH  AN  AWARD
   38  MAY  BE  MADE  FOR  PAYMENT  OF  SUCH BILL, SHALL BE APPLICABLE TO BILLS
   39  RENDERED BY A SOCIAL WORKER FOR SERVICES RENDERED TO AN INJURED  EMPLOY-
   40  EE.    IF  THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK CARE RENDERED
   41  UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL  BE  DECIDED  BY  THE
   42  SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION OF SUCH COMMIT-
   43  TEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES
   44  RENDERED.  THE BOARD OR THE CHAIR MAY MAKE AN AWARD NOT IN EXCESS OF THE
   45  ESTABLISHED FEE SCHEDULES FOR  ANY  SUCH  BILL  OR  PART  THEREOF  WHICH
   46  REMAINS  UNPAID  IN THE SAME MANNER AS AN AWARD FOR BILLS RENDERED UNDER
   47  SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF  THIS  ARTICLE,  AND
   48  SUCH  AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD OF COMPENSATION.
   49  THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST THE EMPLOYER FOR
   50  EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE  PAID  INTO  THE
   51  STATE TREASURY.
   52    (B)  WHERE  A  SOCIAL  WORKER'S BILL HAS BEEN DETERMINED TO BE DUE AND
   53  OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD  SHALL
   54  INCLUDE  IN  THE  AMOUNT  OF THE AWARD INTEREST OF NOT MORE THAN ONE AND
   55  ONE-HALF PERCENT PER MONTH PAYABLE TO THE SOCIAL  WORKER  IN  ACCORDANCE
   56  WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
       A. 6122                             4
    1    (C)  A  PROVIDER  INITIATING  AN  ARBITRATION PURSUANT TO THIS SECTION
    2  SHALL PAY A FEE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE  CHAIR,
    3  TO  BE  USED  TO  COVER  THE  COSTS RELATED TO THE CONDUCT OF SUCH ARBI-
    4  TRATION. UPON RESOLUTION IN FAVOR OF SUCH PARTY, THE AMOUNT  DUE,  BASED
    5  UPON  THE  BILL  IN DISPUTE, SHALL BE INCREASED BY THE AMOUNT OF THE FEE
    6  PAID BY SUCH PARTY. WHERE A PARTIAL AWARD IS MADE, THE AMOUNT DUE, BASED
    7  UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY A PART OF SUCH FEE.
    8    8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR  SOCIAL  WORK
    9  CARE  AND  TREATMENT,  THE  REPORT  OR TESTIMONY OF AN AUTHORIZED SOCIAL
   10  WORKER CONCERNING THE CONDITION OF AN  INJURED  EMPLOYEE  AND  TREATMENT
   11  THEREOF  SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION
   12  OF THE SOCIAL WORKER AS TO CAUSAL RELATION AND AS TO REQUIRED  TREATMENT
   13  SHALL  BE DEEMED COMPETENT BUT SHALL NOT BE CONTROLLING. NOTHING IN THIS
   14  SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER  OF
   15  ANY  RIGHT TO A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY
   16  NOW CONFERRED BY LAW.
   17    9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
   18  FOLLOWED  BY  THOSE RENDERING SOCIAL WORK CARE UNDER THIS SECTION, WHICH
   19  RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES  PRESENTLY  IN
   20  EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIMANTS IN WORKERS'
   21  COMPENSATION.  IN  CONNECTION  WITH  THE  PROMULGATION OF SAID RULES THE
   22  CHAIR MAY CONSULT THE SOCIAL WORK PRACTICE COMMITTEE AND MAY  TAKE  INTO
   23  CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
   24    10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
   25  STATE OF NEW YORK A SINGLE SOCIAL WORK PRACTICE  COMMITTEE  COMPOSED  OF
   26  ONE  DULY  REGISTERED AND LICENSED MASTER SOCIAL WORKER, ONE DULY REGIS-
   27  TERED AND LICENSED CLINICAL SOCIAL WORKER, AND ONE DULY LICENSED  PHYSI-
   28  CIAN  OF  THE  STATE  OF  NEW  YORK. EACH MEMBER OF SAID COMMITTEE SHALL
   29  RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
   30  BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF  SAID
   31  SOCIAL  WORKERS  SHALL  BE  DESIGNATED  BY  THE CHAIR AS A CHAIR OF SAID
   32  SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SAID COMMITTEE SHALL RENDER
   33  SOCIAL WORK TREATMENT UNDER THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR
   34  PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY  AUTHORIZED  TO  WRITE
   35  WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-INSURER,
   36  WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORKERS' COMPENSATION  CLAIM
   37  OR  OTHERWISE.  THE  ATTORNEY  GENERAL,  UPON  REQUEST, SHALL ADVISE AND
   38  ASSIST SUCH COMMITTEE.
   39    11. THE SOCIAL WORK PRACTICE COMMITTEE  SHALL  INVESTIGATE,  HEAR  AND
   40  MAKE  FINDINGS  WITH  RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
   41  MISCONDUCT OF ANY AUTHORIZED SOCIAL WORK UNDER RULES AND  PROCEDURES  TO
   42  BE PRESCRIBED BY THE CHAIR AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT,
   43  WITH  THEIR  FINDINGS  AND  RECOMMENDATIONS WITH RESPECT THERETO, TO THE
   44  CHAIR. THE FINDINGS, DECISION AND RECOMMENDATION  OF  SUCH  SOCIAL  WORK
   45  PRACTICE COMMITTEE SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE
   46  BINDING  OR  CONCLUSIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE
   47  LIST OF SOCIAL WORKERS AUTHORIZED TO RENDER SOCIAL WORK CARE UNDER  THIS
   48  CHAPTER  OR TO CONDUCT INDEPENDENT EXAMINATIONS IN ACCORDANCE WITH PARA-
   49  GRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION THE  NAME  OF  ANY  SOCIAL
   50  WORKER  WHO  HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS
   51  DISQUALIFIED BECAUSE SUCH SOCIAL WORKER:
   52    (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
   53  CY IN CONNECTION WITH THE RENDERING OF SOCIAL WORK SERVICES, OR
   54    (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
   55  RENDERING  SOCIAL  WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE STATE-
   56  MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION, OR
       A. 6122                             5
    1    (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL SOCIAL WORK REPORTS
    2  OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY TO  THE  CHAIR  WITHIN  THE
    3  TIME LIMITS PROVIDED IN THIS SECTION, OR
    4    (D)  HAS  KNOWINGLY  MADE  A FALSE STATEMENT OR REPRESENTATION AS TO A
    5  MATERIAL FACT IN ANY REPORT MADE PURSUANT TO THIS CHAPTER OR IN TESTIFY-
    6  ING OR OTHERWISE PROVIDING INFORMATION FOR THE PURPOSES OF THIS CHAPTER,
    7  OR
    8    (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT  FOR  HIMSELF  OR
    9  HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
   10  INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER, OR
   11    (F)  HAS  REFUSED TO APPEAR BEFORE, TO TESTIFY, TO SUBMIT TO A DEPOSI-
   12  TION, OR ANSWER UPON REQUEST OF THE CHAIR, BOARD, SOCIAL  WORK  PRACTICE
   13  COMMITTEE  OR  ANY DULY AUTHORIZED OFFICER OF THE STATE, ANY LEGAL QUES-
   14  TION OR PRODUCE ANY RELEVANT BOOK OR PAPER CONCERNING CONDUCT  UNDER  AN
   15  AUTHORIZATION GRANTED UNDER LAW, OR
   16    (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
   17  THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
   18  OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
   19  ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A
   20  COMMISSION,  DISCOUNT  OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
   21  WORKERS' COMPENSATION CLAIMANT.
   22    12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
   23  AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE  THE
   24  PROVISIONS  OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
   25  BE GUILTY OF A MISDEMEANOR.
   26    13. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  LIMITING  IN  ANY
   27  RESPECT  THE  POWER  OR  DUTY  OF  THE CHAIR TO INVESTIGATE INSTANCES OF
   28  MISCONDUCT, EITHER BEFORE OR AFTER  INVESTIGATION  BY  THE  SOCIAL  WORK
   29  PRACTICE  COMMITTEE,  OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
   30  SOCIAL WORKER BELIEVED TO BE GUILTY OF SUCH MISCONDUCT.  THE  PROVISIONS
   31  OF  SUBDIVISION  ONE OF SECTION THIRTEEN-D OF THIS ARTICLE WHICH ARE NOT
   32  INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE  AS
   33  IF FULLY SET FORTH IN THIS SECTION.
   34    14.  NOTHING  CONTAINED  IN THIS SECTION SHALL PROHIBIT SOCIAL WORKERS
   35  WHO PRACTICE AS PARTNERS, IN GROUPS OR  AS  A  PROFESSIONAL  CORPORATION
   36  FROM  POOLING  FEES  AND  MONEYS  RECEIVED,  EITHER  BY THE PARTNERSHIP,
   37  PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
   38  FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
   39  MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
   40  THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
   41  BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
   42  RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
   43  ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
   44    S 2. This act shall take effect on the one hundred eightieth day after
   45  it  shall  have  become a law. Effective immediately any rules and regu-
   46  lations necessary to implement the provisions of this act on its  effec-
   47  tive  date are authorized and directed to be completed on or before such
   48  date.
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