S. 1975 2
thirteen-l [and], thirteen-m, AND THIRTEEN-P of this chapter or other
authorized provider of health care under the education law or the public
health law permitted to render medical care or treatment under this
chapter, or to the agent, executor or administrator of the estate of
such physician or such other qualified person. Except as provided in
section thirteen-d of this chapter, no provider of health care rendering
medical care or 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 chapter. Any compensation claimant who pays a fee to
a provider of health care for medical care or treatment under this chap-
ter shall have a cause of action against such provider of health care
for the recovery of the money paid, which cause of action may be
assigned to the chair in trust for the assigning claimant. All such
assignments shall run to the chair. The chair may sue the physician, or
other authorized provider of health care as herein described on the
assigned cause of action with the benefits and subject to the provisions
of existing law applying to such actions by the claimant himself or
herself. Hospitals shall not be entitled to receive the remuneration
paid to physicians on their staff for medical and surgical services.
S 5. The workers' compensation law is amended by adding a new section
13-p to read as follows:
S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY DULY LICENSED
MASSAGE THERAPIST. 1. WHERE THE TERM "CHAIR" IS HEREINAFTER USED, IT
SHALL BE DEEMED TO MEAN THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF
THE STATE OF NEW YORK.
2. (A) AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
SUCH INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, BY A MASSAGE THERAPIST,
DULY REGISTERED AND LICENSED BY THE STATE OF NEW YORK, AUTHORIZED BY THE
CHAIR TO RENDER SUCH SERVICES PURSUANT TO THIS SECTION. SUCH SERVICES
SHALL BE WITHIN THE SCOPE OF SUCH THERAPIST'S SPECIALIZED TRAINING AND
QUALIFICATIONS AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THE
EDUCATION LAW.
(B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF THIS CHAPTER, MAY PROVIDE MASSAGE THERAPY SERVICES WHEN REQUIRED,
UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH CARE IS
RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED MASSAGE THERA-
PIST, AS REQUIRED BY THIS SECTION.
(C) A MASSAGE THERAPIST RENDERING SERVICE PURSUANT TO THIS SECTION
SHALL MAINTAIN RECORDS OF THE PATIENT'S PHYSICAL CONDITION AND TREAT-
MENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO THE CHAIR ON
SUCH FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
3. A MASSAGE THERAPIST, LICENSED AND REGISTERED TO PRACTICE MASSAGE
THERAPY IN THE STATE OF NEW YORK, WHO IS DESIROUS OF BEING AUTHORIZED TO
RENDER MASSAGE THERAPY UNDER THIS SECTION IN ACCORDANCE WITH PARAGRAPH
(B) OF SUBDIVISION FOUR OF THIS SECTION SHALL FILE AN APPLICATION FOR
AUTHORIZATION UNDER THIS SECTION WITH THE MASSAGE THERAPY PRACTICE
COMMITTEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREAT-
ING FOR REMUNERATION, AS A PRIVATE PATIENT, ANY PERSON SEEKING MASSAGE
THERAPY TREATMENT, OR SUBMITTING TO AN INDEPENDENT MEDICAL EXAMINATION,
IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE UNDER THIS
CHAPTER, IF HE OR SHE HAS BEEN REMOVED FROM THE LIST OF MASSAGE THERA-
PISTS AUTHORIZED TO RENDER MASSAGE THERAPY UNDER THIS CHAPTER. THIS
S. 1975 3
AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND
SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH MASSAGE THERAPIST
FOR PAYMENT FOR TREATMENT RENDERED BY SUCH MASSAGE THERAPIST AFTER BEING
REMOVED FROM THE LIST OF MASSAGE THERAPISTS AUTHORIZED TO RENDER MASSAGE
THERAPY OR TO CONDUCT INDEPENDENT MEDICAL EXAMINATIONS UNDER THIS
SECTION. THE MASSAGE THERAPY PRACTICE COMMITTEE IF IT DEEMS SUCH
LICENSED MASSAGE THERAPIST DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR
THAT SUCH PERSON BE AUTHORIZED TO RENDER MASSAGE THERAPY AND/OR TO
CONDUCT INDEPENDENT MEDICAL EXAMINATIONS UNDER THIS SECTION. SUCH RECOM-
MENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND SHALL NOT BE BINDING
OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE FOR THE
STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES AND FEES FOR
MASSAGE THERAPY, TO BE DETERMINED IN ACCORDANCE WITH AND 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 MASSAGE THERAPY PRACTICE COMMITTEE TO SUBMIT TO SUCH
CHAIR A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY SUCH COMMITTEE TO
BE FAIR AND ADEQUATE FOR THE TYPES OF SERVICES TO BE RENDERED UNDER THIS
SECTION, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW OF OTHER INTER-
ESTED PARTIES. THE AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
4. (A) NO CLAIM FOR MASSAGE THERAPY SHALL BE VALID AND ENFORCEABLE AS
AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN FORTY-EIGHT HOURS
FOLLOWING THE FIRST TREATMENT THE MASSAGE THERAPIST GIVING SUCH SERVICES
FURNISHES TO THE EMPLOYER AND DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE
OF SUCH INJURY AND TREATMENT, AND 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 PHYSICIAN, AUTHOR-
IZED BY THE CHAIR AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER,
AT A MEDICAL FACILITY CONVENIENT TO THE CLAIMANT, 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 PHYSICIAN, THE EMPLOYER OR CARRIER
SHALL ARRANGE FOR SUCH EXAMINATION TO BE PERFORMED BY A QUALIFIED PHYSI-
CIAN IN A MEDICAL FACILITY CONVENIENT TO THE CLAIMANT.
(D) THE INDEPENDENT PHYSICIAN LICENSED BY THE STATE OF NEW YORK 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 PHYSICIAN 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 PHYSI-
CIAN'S PROFESSIONAL OPINION WITH RESPECT TO THE CLAIMANT'S CONDITION,
(II) SUCH PHYSICIAN'S BOARD ISSUED AUTHORIZATION NUMBER, (III) THE NAME
S. 1975 4
OF THE INDIVIDUAL OR ENTITY REQUESTING THE EXAMINATION, (IV) IF APPLICA-
BLE, THE REGISTRATION NUMBER AS REQUIRED BY SECTION THIRTEEN-N OF THIS
ARTICLE, AND (V) SUCH OTHER INFORMATION AS THE CHAIR MAY REQUIRE BY
REGULATION.
5. FEES FOR MASSAGE THERAPY SERVICES SHALL BE PAYABLE ONLY TO A DULY
AUTHORIZED MASSAGE THERAPIST AS LICENSED IN ARTICLE ONE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE ESTATE OF SUCH MASSAGE THERAPIST. NO MASSAGE THERAPIST
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.
6. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE
MASSAGE THERAPIST 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 PRAC-
TICE LAW AND RULES.
7. (A) THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF SECTION THIR-
TEEN-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 MASSAGE THERAPIST FOR SERVICES RENDERED TO AN INJURED
EMPLOYEE. IF THE PARTIES FAIL TO AGREE AS TO THE MASSAGE THERAPY
RENDERED UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL BE DECIDED
BY THE MASSAGE THERAPY PRACTICE COMMITTEE AND THE MAJORITY DECISION OF
SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF
THE SERVICES RENDERED. THE BOARD OR THE CHAIR MAY MAKE AN AWARD NOT IN
EXCESS OF THE ESTABLISHED FEE SCHEDULES FOR ANY SUCH BILL OR PART THERE-
OF 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. 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.
(B) WHERE A MASSAGE THERAPIST'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 PER MONTH PAYABLE TO THE MASSAGE THERAPIST IN ACCORD-
ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
(C) A PROVIDER INITIATING AN ARBITRATION SHALL PAY A FEE, AS DETER-
MINED BY REGULATIONS PROMULGATED BY THE CHAIR, TO BE USED TO COVER THE
COSTS RELATED TO THE CONDUCT OF SUCH ARBITRATION. UPON RESOLUTION IN
FAVOR OF SUCH PARTY, THE AMOUNT DUE, BASED UPON THE BILL IN DISPUTE,
SHALL BE INCREASED BY THE AMOUNT OF THE FEE PAID BY SUCH PARTY. WHERE A
PARTIAL AWARD IS MADE, THE AMOUNT DUE, BASED UPON THE BILL IN DISPUTE,
SHALL BE INCREASED BY A PART OF SUCH FEE.
8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR MASSAGE THER-
APY, THE REPORT OR TESTIMONY OF AN AUTHORIZED MASSAGE THERAPIST CONCERN-
ING THE CONDITION OF AN INJURED EMPLOYEE AND TREATMENT THEREOF SHALL BE
DEEMED COMPETENT EVIDENCE AND THE PROFESSIONAL OPINION OF THE MASSAGE
THERAPIST 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 A MEDICAL EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW
CONFERRED BY LAW.
S. 1975 5
9. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY THOSE RENDERING MASSAGE THERAPY 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 WORKERS'
COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF SAID RULES THE
CHAIR MAY CONSULT WITH THE MASSAGE THERAPY PRACTICE COMMITTEE AND MAY
TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED PARTIES.
10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A SINGLE MASSAGE THERAPY PRACTICE COMMITTEE COMPOSED
OF THREE DULY REGISTERED AND LICENSED MASSAGE THERAPISTS. EACH MEMBER
OF SAID COMMITTEE SHALL RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS
OR ON A PER DIEM BASIS TO BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRI-
ATED THEREFOR. ONE OF THE MASSAGE THERAPISTS SHALL BE DESIGNATED BY THE
CHAIR AS A PRESIDENT OF THE MASSAGE THERAPY PRACTICE COMMITTEE. NO
MEMBER OF THE COMMITTEE SHALL RENDER MASSAGE THERAPY TREATMENT UNDER
THIS SECTION NOR BE AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM
ANY INSURANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSUR-
ANCE IN THIS STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR
FEE RELATES TO A WORKERS' COMPENSATION CLAIM OR OTHERWISE. THE ATTORNEY
GENERAL, UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
11. THE MASSAGE THERAPY PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR AND
MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER
MISCONDUCT OF ANY AUTHORIZED MASSAGE THERAPIST AS HEREIN PROVIDED UNDER
RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR AND SHALL REPORT
EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDATIONS
WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS, DECISION AND RECOM-
MENDATION OF SUCH MASSAGE THERAPY PRACTICE COMMITTEE SHALL BE ADVISORY
ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON THE CHAIR. THE CHAIR
SHALL REMOVE FROM THE LIST OF MASSAGE THERAPISTS AUTHORIZED TO RENDER
MASSAGE THERAPY UNDER THIS CHAPTER OR TO CONDUCT INDEPENDENT MEDICAL
EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF
THIS SECTION THE NAME OF ANY MASSAGE THERAPIST WHO HE OR SHE SHALL FIND
AFTER REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH MASSAGE
THERAPIST: (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR
INCOMPETENCE IN CONNECTION WITH THE RENDERING OF MASSAGE THERAPY
SERVICES, OR (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL
COMPETENCE IN RENDERING MASSAGE THERAPY SERVICES UNDER THE LAW, OR HAS
MADE FALSE STATEMENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR
AUTHORIZATION, OR (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL
REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY TO THE CHAIR OF THE
BOARD WITHIN THE TIME LIMITS PROVIDED IN THIS SECTION, OR (D) HAS KNOW-
INGLY MADE A FALSE STATEMENT OR REPRESENTATION 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 ANSWER UPON REQUEST OF
THE CHAIR, BOARD, MASSAGE THERAPY PRACTICE COMMITTEE OR ANY DULY AUTHOR-
IZED OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT
BOOK OR PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER
LAW, OR (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTIC-
IPATED 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 OTHERWISE VALUABLE CONSID-
S. 1975 6
ERATION AS A COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE
TREATMENT OF A WORKERS' COMPENSATION CLAIMANT.
12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
BE GUILTY OF A MISDEMEANOR.
13. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF THE CHAIR TO INVESTIGATE INSTANCES OF
MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY THE MASSAGE THERAPY
PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF ANY
MASSAGE THERAPIST BELIEVED 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 IF FULLY SET FORTH HEREIN.
14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT MASSAGE THERA-
PISTS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR 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 PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
S 6. Subdivision 1 of section 13-n of the workers' compensation law,
as added by chapter 473 of the laws of 2000, is amended to read as
follows:
1. Any entity which derives income from independent medical examina-
tions performed in accordance with subdivision four of section thir-
teen-a, subdivision three of section thirteen-k, subdivision three of
section thirteen-1 [and], subdivision four of section thirteen-m, AND
SECTION THIRTEEN-P of this article, whether by employing or contracting
with independent examiners to conduct such independent medical examina-
tions or by acting as a referral service or otherwise facilitating such
examinations, shall register with the chair by filing a statement of
registration containing such information prescribed by the chair in
regulation. A fee may be imposed in accordance with regulations promul-
gated by the chair. Any such fees collected shall be used for the
purpose of administering this section.
S 7. Paragraph (f) of subdivision 1 of section 25 of the workers'
compensation law, as amended by chapter 635 of the laws of 1996, is
amended to read as follows:
(f) Whenever compensation is withheld solely because a controversy
exists on the question of liability as between insurance carriers, sure-
ty companies, the special disability fund, the special fund for reopened
cases, or an employer, the board may direct that any carrier, surety
company, the special disability fund, the special fund for reopened
cases shall immediately pay compensation and bills for medical care to
the extent payable in accordance with sections thirteen-g, thirteen-k,
thirteen-l [and], thirteen-m, AND THIRTEEN-P of this chapter, pending
determination of such issue. Any such payment or payments shall not be
deemed an admission against interest by the carrier, surety company,
special disability fund or the special fund for reopened cases. After
final determination, the parties shall make the necessary and proper
reimbursement including the payment of simple interest at the rate
S. 1975 7
established by section five thousand four of the civil practice law and
rules in conformity with such determination.
S 8. Subparagraph 2 of paragraph (a) of subdivision 2-b of section 25
of the workers' compensation law, as amended by chapter 635 of the laws
of 1996, is amended to read as follows:
2. Conciliation may also address requests by hospitals, physicians or
other health care providers for payment of bills rendered by them in any
case, regardless of the expected duration of benefits, pursuant to
sections thirteen-g, thirteen-k, thirteen-l [and], thirteen-m, AND THIR-
TEEN-P of this article, and regardless of the dollar amount of the bill.
S 9. Paragraph (a) of subdivision 1 of section 26-a of the workers'
compensation law, as amended by chapter 316 of the laws of 1991, is
amended to read as follows:
(a) Notwithstanding any other provision of this chapter, when a claim
for compensation is filed by an employee, or in case of death by the
employee's dependents, and the employer has failed to secure the payment
of compensation in accordance with section fifty of this chapter, to
make deposit of security in accordance with section twenty-six of this
[chapter] ARTICLE and to make payment of compensation into the fund
created under this section according to the terms of any award includ-
ing, without limitation, awards made pursuant to subdivision five of
section thirteen-g, subdivision two of section thirteen-f, subdivision
five of section thirteen-k, subdivision five of section thirteen-l
[and], subdivision six of section thirteen-m, AND SECTION THIRTEEN-P of
this article, payment of the award shall be promptly made from the fund
created under this section in accordance with the terms thereof and the
provisions of subdivision three of this section. The employer shall be
liable with the fund for payment of the award. Where the employer is a
corporation the president, secretary and treasurer thereof shall also be
personally, jointly and severally liable with the corporation for
payment of the award. The employer shall pay the award into the fund, in
accordance with the time limitations contained in section twenty-five of
this article.
S 10. Section 232 of the workers' compensation law, as amended by
chapter 270 of the laws of 1990, is amended to read as follows:
S 232. Fees of physicians, podiatrists, chiropractors, dentists,
MASSAGE THERAPISTS, and psychologists. Whenever his or her attendance at
a hearing before the board or its referees is required, the attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife
of the disabled employee, except such physicians as are disqualified
from testifying pursuant to subdivision one of section thirteen-b, or
section nineteen-a of this chapter, and except such podiatrists as are
disqualified from testifying under the provisions of section thirteen-k,
and except such chiropractors as are disqualified from testifying under
the provisions of section thirteen-l, and except such psychologists as
are disqualified from testifying under the provisions of section thir-
teen-m, AND EXCEPT SUCH MASSAGE THERAPISTS AS ARE DISQUALIFIED FROM
TESTIFYING UNDER THE PROVISIONS OF SECTION THIRTEEN-P, shall be entitled
to receive a fee from the carrier or the fund established under section
two hundred fourteen, in an amount as directed and fixed by the board,
or its referees, and such fee shall be in addition to any witness fee.
S 11. Section 16 of the volunteer ambulance workers' benefit law, as
amended by chapter 353 of the laws of 1990, is amended to read as
follows:
S. 1975 8
S 16. Treatment and care. A volunteer ambulance worker injured in line
of duty shall be entitled to receive medical, surgical, podiatric,
chiropractic, psychological, MASSAGE THERAPY, and other attendance and
treatment, nurse and hospital service, medicine, crutches, artificial
members, devices, appliances, and apparatus, including the replacement
and repair thereof, for such period as the nature of the injury or the
process of recovery may require and the political subdivision or volun-
teer ambulance company liable for the payment of benefits to the volun-
teer ambulance worker under this chapter because of such injury shall be
liable therefor and the cost thereof shall be audited, raised and paid
as provided in section thirty of this chapter. The provisions of
sections thirteen to thirteen-m, both inclusive, SECTION THIRTEEN-P, and
sections nineteen to nineteen-b, both inclusive, of the workers' compen-
sation law, to the extent that such provisions are not inconsistent with
this chapter, shall be applicable in relation to any injured volunteer
ambulance worker, political subdivision and third persons as fully as if
set forth in this chapter.
S 12. Section 16 of the volunteer firefighters' benefit law, as
amended by chapter 353 of the laws of 1990, is amended to read as
follows:
S 16. Treatment and care. A volunteer firefighter injured in line of
duty shall be entitled to receive medical, surgical, podiatric, chirop-
ractic, psychological, MASSAGE THERAPY, and other attendance and treat-
ment, nurse and hospital service, medicine, crutches, artificial
members, devices, appliances, and apparatus, including the replacement
and repair thereof, for such period as the nature of the injury or the
process of recovery may require and the political subdivision liable for
the payment of benefits to the volunteer firefighter under this chapter
because of such injury shall be liable therefor and the cost thereof
shall be audited, raised and paid as provided in section thirty of this
chapter. The provisions of sections thirteen to thirteen-m, both inclu-
sive, SECTION THIRTEEN-P, and sections nineteen to nineteen-b, both
inclusive, of the workers' compensation law, to the extent that such
provisions are not inconsistent with this chapter, shall be applicable
in relation to any injured volunteer firefighter, political subdivision
and third persons as fully as if set forth in this chapter.
S 13. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to policies and contracts issued,
renewed, modified, altered or amended on or after such date.