Bill Text: NY A07455 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the establishment of rates of payment and delivery of health care services; directs the chair of the workers' compensation board to biennially prepare and establish a schedule of fees.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2018-01-03 - referred to labor [A07455 Detail]
Download: New_York-2017-A07455-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7455 2017-2018 Regular Sessions IN ASSEMBLY April 26, 2017 ___________ Introduced by M. of A. TITONE, ZEBROWSKI, STIRPE, GUNTHER, JAFFEE, COOK, MONTESANO, BENEDETTO, MAGNARELLI -- Multi-Sponsored by -- M. of A. ABBATE, CROUCH, HIKIND, HOOPER, McLAUGHLIN -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to the estab- lishment of rates of payment and delivery of health care services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of subdivision (a) of section 13 of 2 the workers' compensation law, as amended by chapter 6 of the laws of 3 2007, is amended to read as follows: 4 The chair, in consultation with the board's medical director, shall 5 biennially prepare and establish a schedule for the state, or schedules 6 limited to defined localities, of charges and fees for such medical 7 treatment and care, and including all medical, dental, surgical, optome- 8 tric or other attendance or treatment, nurse and hospital service, medi- 9 cine, optometric services, crutches, eye-glasses, false teeth, artifi- 10 cial eyes, orthotics, prosthetic devices, functional assistive and 11 adaptive devices and apparatus in accordance with and to be subject to 12 change pursuant to rules promulgated by the chair. Before preparing such 13 schedule for the state or schedules for limited localities the chair 14 shall request the president of the medical society of the state of New 15 York and the president of the New York state osteopathic medical society 16 to submit to him or her a report on the amount of remuneration deemed by 17 such society to be fair and adequate for the types of medical care to be 18 rendered under this chapter, but consideration shall be given to the 19 view of other interested parties. In the case of physical therapy fees 20 schedules the chair shall request the president of [a recognized profes-21sional association representing physical therapists in the state of New22York] the New York physical therapy association to submit to him or her 23 a report on the amount of remuneration deemed by such association to be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11041-01-7A. 7455 2 1 fair and reasonable for the type of physical therapy services rendered 2 under this chapter, but consideration shall be given to the views of 3 other interested parties. The chair shall also prepare and establish a 4 schedule for the state, or schedules limited to defined localities, of 5 charges and fees for outpatient hospital services not covered under the 6 medical fee schedule previously referred to in this subdivision, to be 7 determined in accordance with and to be subject to change pursuant to 8 rules promulgated by the chair. Before preparing such schedule for the 9 state or schedules for limited localities the chair shall request the 10 president of the hospital association of New York state to submit to him 11 or her a report on the amount of remuneration deemed by such association 12 to be fair and adequate for the types of hospital outpatient care to be 13 rendered under this chapter, but consideration shall be given to the 14 views of other interested parties. In the case of occupational therapy 15 fees schedules the chair shall request the president of a recognized 16 professional association representing occupational therapists in the 17 state of New York to submit to him or her a report on the amount of 18 remuneration deemed by such association to be fair and reasonable for 19 the type of occupational therapy services rendered under this chapter, 20 but consideration shall be given to the views of other interested 21 parties. The amounts payable by the employer for such treatment and 22 services shall be the fees and charges established by such schedule. 23 Nothing in this schedule, however, shall prevent voluntary payment of 24 amounts higher or lower than the fees and charges fixed therein, but no 25 physician rendering medical treatment or care, and no physical or occu- 26 pational therapist rendering their respective physical or occupational 27 therapy services may receive payment in any higher amount unless such 28 increased amount has been authorized by the employer, or by decision as 29 provided in section thirteen-g of this article. Nothing in this section 30 shall be construed as preventing the employment of a duly authorized 31 physician on a salary basis by an authorized compensation medical bureau 32 or laboratory. 33 § 2. Subdivision 2 of section 13-k of the workers' compensation law, 34 as amended by chapter 473 of the laws of 2000, is amended to read as 35 follows: 36 2. An employee injured under circumstances which make such injury 37 compensable under this article, when care is required for an injury to 38 the foot which injury or resultant condition therefrom may lawfully be 39 treated by a duly registered and licensed podiatrist of the state of New 40 York, may select to treat him or her any podiatrist authorized by the 41 chair to render podiatry care, as hereinafter provided. If the injury or 42 condition is one which is without the limits prescribed by the education 43 law for podiatry care and treatment, or the injuries involved affect 44 other parts of the body in addition to the foot, the said podiatrist 45 must so advise the said injured employee and instruct him or her to 46 consult a physician of said employee's choice for appropriate care and 47 treatment. Such physician shall thenceforth have overall supervision of 48 the treatment of said patient including the future treatment to be 49 administered to the patient by the podiatrist. If for any reason during 50 the period when podiatry treatment and care is required, the employee 51 wishes to transfer his or her treatment and care to another authorized 52 podiatrist he or she may do so, in accordance with rules prescribed by 53 the chair, provided however that the employer shall be liable for the 54 proper fees of the original podiatrist for the care and treatment he or 55 she shall have rendered. A podiatrist licensed and registered to prac- 56 tice podiatry in the state of New York who is desirous of being author-A. 7455 3 1 ized to render podiatry care under this section and/or to conduct inde- 2 pendent medical examinations in accordance with paragraph (b) of 3 subdivision three of this section shall file an application for authori- 4 zation under this section with the podiatry practice committee. In such 5 application he or she shall agree to refrain from subsequently treating 6 for remuneration, as a private patient, any person seeking podiatry 7 treatment, or submitting to an independent medical examination, in 8 connection with, or as a result of, any injury compensable under this 9 chapter, if he or she has been removed from the list of podiatrists 10 authorized to render podiatry care or to conduct independent medical 11 examinations under this chapter, or if the person seeking such treatment 12 has been transferred from his or her care in accordance with the 13 provisions of this section. This agreement shall run to the benefit of 14 the injured person so treated or examined, and shall be available to him 15 or her as a defense in any action by such podiatrist for payment for 16 treatment rendered by a podiatrist after he or she has been removed from 17 the list of podiatrists authorized to render podiatry care or to conduct 18 independent medical examinations under this section, or after the 19 injured person was transferred from his or her care in accordance with 20 the provisions of this section. The podiatry practice committee if it 21 deems such licensed podiatrist duly qualified shall recommend to the 22 chair that such podiatrist be authorized to render podiatry care and/or 23 to conduct independent medical examinations under this section. Such 24 recommendation shall be advisory to the chair only and shall not be 25 binding or conclusive upon him or her. The chair, in consultation with 26 the board's medical director, shall biennially prepare and establish a 27 schedule for the state, or schedules limited to defined localities, of 28 charges and fees for podiatry treatment and care, to be determined in 29 accordance with and to be subject to change pursuant to rules promulgat- 30 ed by the chair. Before preparing such schedule for the state or sched- 31 ules for limited localities the chair shall request the podiatry prac- 32 tice committee to submit to him or her a report on the amount of 33 remuneration deemed by such committee to be fair and adequate for the 34 types of podiatry care to be rendered under this chapter, but consider- 35 ation shall be given to the view of other interested parties. The 36 amounts payable by the employer for such treatment and services shall be 37 the fees and charges established by such schedule. 38 § 3. Subdivision 2 of section 13-l of the workers' compensation law, 39 as amended by chapter 473 of the laws of 2000, is amended to read as 40 follows: 41 2. An employee injured under circumstances which make such injury 42 compensable under this article, when care is required for an injury 43 which consists solely of a condition which may lawfully be treated by a 44 chiropractor as defined in section sixty-five hundred fifty-one of the 45 education law may select to treat him or her, any duly registered and 46 licensed chiropractor of the state of New York, authorized by the chair 47 to render chiropractic care as hereinafter provided. If the injury or 48 condition is one which is outside the limits prescribed by the education 49 law for chiropractic care and treatment, the said chiropractor must so 50 advise the said injured employee and instruct him or her to consult a 51 physician of said employee's choice for appropriate care and treatment. 52 Such physician shall thenceforth have supervision of the treatment of 53 said condition including the future treatment to be administered to the 54 patient by the chiropractor. A chiropractor licensed and registered to 55 practice chiropractic in the state of New York, who is desirous of being 56 authorized to render chiropractic care under this section and/or toA. 7455 4 1 conduct independent medical examinations in accordance with paragraph 2 (b) of subdivision three of this section shall file an application for 3 authorization under this section with the chiropractic practice commit- 4 tee. In such application he or she shall agree to refrain from subse- 5 quently treating for remuneration, as a private patient, any person 6 seeking chiropractic treatment, or submitting to an independent medical 7 examination, in connection with, or as a result of, any injury compensa- 8 ble under this chapter, if he or she has been removed from the list of 9 chiropractors authorized to render chiropractic care or to conduct inde- 10 pendent medical examinations under this chapter, or if the person seek- 11 ing such treatment has been transferred from his or her care in accord- 12 ance with the provisions of this section. This agreement shall run to 13 the benefit of the injured person so treated, or examined, and shall be 14 available to him or her as a defense in any action by such chiropractor 15 for payment rendered by a chiropractor after he or she has been removed 16 from the list of chiropractors authorized to render chiropractic care or 17 to conduct independent medical examinations under this section, or after 18 the injured person was transferred from his or her care in accordance 19 with the provisions of this section. The chiropractic practice committee 20 if it deems such licensed chiropractor duly qualified shall recommend to 21 the chair that such be authorized to render chiropractic care and/or to 22 conduct independent medical examinations under this section. Such recom- 23 mendations shall be advisory to the chair only and shall not be binding 24 or conclusive upon him or her. The chair, in consultation with the 25 board's medical director, shall biennially prepare and establish a sche- 26 dule for the state, or schedules limited to defined localities of charg- 27 es and fees for chiropractic treatment and care, to be determined in 28 accordance with and to be subject to change pursuant to rules promulgat- 29 ed by the chair. Before preparing such schedule for the state or sched- 30 ules for limited localities the chair shall request the chiropractic 31 practice committee to submit to him or her a report on the amount of 32 remuneration deemed by such committee to be fair and adequate for the 33 types of chiropractic care to be rendered under this chapter, but 34 consideration shall be given to the view of other interested parties, 35 the amounts payable by the employer for such treatment and services 36 shall be the fees and charges established by such schedule. 37 § 4. Subdivision 3 of section 13-m of the workers' compensation law, 38 as amended by chapter 473 of the laws of 2000, is amended to read as 39 follows: 40 3. A psychologist, licensed and registered to practice psychology in 41 the state of New York, who is desirous of being authorized to render 42 psychological care under this section and/or to conduct independent 43 medical examinations in accordance with paragraph (b) of subdivision 44 four of this section shall file an application for authorization under 45 this section with the psychology practice committee. The applicant shall 46 agree to refrain from subsequently treating for remuneration, as a 47 private patient, any person seeking psychological treatment, or submit- 48 ting to an independent medical examination, in connection with, or as a 49 result of, any injury compensable under this chapter, if he or she has 50 been removed from the list of psychologists authorized to render psycho- 51 logical care under this chapter. This agreement shall run to the benefit 52 of the injured person so treated, and shall be available as a defense in 53 any action by such psychologist for payment for treatment rendered by 54 such psychologist after being removed from the list of psychologists 55 authorized to render psychological care or to conduct independent 56 medical examinations under this section. The psychology practice commit-A. 7455 5 1 tee if it deems such licensed psychologist duly qualified shall recom- 2 mend to the chair that such person be authorized to render psychological 3 care and/or to conduct independent medical examinations under this 4 section. Such recommendations shall be only advisory to the chair and 5 shall not be binding or conclusive. The chair, in consultation with the 6 board's medical director, shall biennially prepare and establish a sche- 7 dule for the state or schedules limited to defined localities of charges 8 and fees for psychological treatment and care, to be determined in 9 accordance with and be subject to change pursuant to rules promulgated 10 by the chair. Before preparing such schedule for the state or schedules 11 for limited localities the chair shall request the psychology practice 12 committee to submit to such chair a report on the amount of remuneration 13 deemed by such committee to be fair and adequate for the types of 14 psychological care to be rendered under this chapter, but consideration 15 shall be given to the view of other interested parties. The amounts 16 payable by the employer for such treatment and services shall be the 17 fees and charges established by such schedule. 18 § 5. Notwithstanding the provisions of section one of this act or of 19 any other law, rule or regulation to the contrary, a revision to the fee 20 schedules established pursuant to sections 13, 13-k, 13-l and 13-m of 21 the workers' compensation law existing as of the effective date of this 22 act shall be published by the chair of the workers' compensation board 23 on behalf of such board no later than one year following the effective 24 date of this act. Subsequent biennial schedules shall be published in 25 final form on January fifteenth every other year. Nothing in this 26 section shall limit the authority of the chair of the workers' compen- 27 sation board to make adjustments in the fee schedule other than at the 28 biennial publication. 29 § 6. This act shall take effect immediately.
