Bill Text: NY S08323 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-02-26 - ADVANCED TO THIRD READING [S08323 Detail]

Download: New_York-2023-S08323-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8323

                    IN SENATE

                                    January 18, 2024
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed 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:

     1    Section 1. Paragraph (a) of subdivision 6 of section 13-a of the work-
     2  ers' compensation law, as amended by section 8 of part CC of chapter  55
     3  of the laws of 2019, is amended to read as follows:
     4    (a)  Any  interference  by any person with the selection by an injured
     5  employee of an authorized  physician  to  treat  him,  except  when  the
     6  selection  is  made  pursuant  to article ten-A of this chapter, and the
     7  improper influencing or attempt by any person  improperly  to  influence
     8  the  medical  opinion  of  any  physician who has treated or examined an
     9  injured employee, shall be a misdemeanor;  provided,  however,  that  it
    10  shall not constitute interference or improper influence if, in the pres-
    11  ence  of  such injured employee's physician, an employer, his carrier or
    12  agent should recommend or provide information concerning  rehabilitation
    13  services or the availability thereof to an injured employee or his fami-
    14  ly.  It shall not constitute improper influence or an attempt to improp-
    15  erly  influence if a claimant's attorney or representative communicates,
    16  verbally or in writing, with an injured employee's treating provider  or
    17  a claimant's medical consultant. Such communication shall not serve as a
    18  basis  to  diminish  or preclude the opinion of the treating provider or
    19  claimant's consultant. It shall not be presumed that a claimant's attor-
    20  ney or representative's communication with the injured employee's treat-
    21  ing provider or claimant's medical consultant was an attempt to  improp-
    22  erly influence the treating provider or medical consultant.
    23    § 2.  This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13516-01-3