S T A T E   O F   N E W   Y O R K
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                                  6634

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

AN  ACT to amend the workers' compensation law, in relation to authoriz-
  ing certain care and treatment to injured employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (a) of section 13 of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, is amended to read  as
follows:
  (a)  The  employer shall promptly provide for an injured employee such
medical, dental, surgical, optometric or other attendance or  treatment,
nurse  and  hospital  service,  medicine, optometric services, crutches,
eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
devices,  functional  assistive  and  adaptive devices and apparatus for
such period as the nature of the injury or the process of  recovery  may
require. The employer shall be liable for the payment of the expenses of
medical,  dental, surgical, optometric or other attendance or treatment,
nurse and hospital service,  medicine,  optometric  services,  crutches,
eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
devices, functional assistive and adaptive  devices  and  apparatus,  as
well  as  artificial  members of the body or other devices or appliances
necessary in the first instance to replace, support or relieve a portion
or part of the body resulting from and necessitated by the injury of  an
employee,  for such period as the nature of the injury or the process of
recovery may require, and the employer shall also be liable for replace-
ments or repairs of such artificial members of the body  or  such  other
devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet-
ic  devices,  functional  assistive  and  adaptive devices or appliances
necessitated by ordinary wear or loss or damage to a prosthesis, with or
without bodily injury to the employee. Damage to or loss of a prosthetic
device shall be deemed an injury  except  that  no  disability  benefits

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00667-02-3
              

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shall  be  payable  with respect to such injury under section fifteen of
this article. Such a replacement or repair of artificial members of  the
body  or  such other devices, eye-glasses, false teeth, artificial eyes,
orthotics, prosthetic devices, functional assistive and adaptive devices
or  appliances or the providing of medical treatment and care as defined
herein shall not constitute the payment of  compensation  under  section
twenty-five-a  of  this  article.  All  fees  and other charges for such
treatment and services shall be limited to such charges  as  prevail  in
the  same  community  for similar treatment of injured persons of a like
standard of living.
  The chair shall prepare and establish a schedule  for  the  state,  or
schedules  limited  to  defined localities, of charges and fees for such
medical treatment and care, and including all medical, dental, surgical,
optometric or other attendance or treatment, nurse and hospital service,
medicine, optometric services, crutches, eye-glasses, false teeth, arti-
ficial eyes, orthotics, prosthetic  devices,  functional  assistive  and
adaptive  devices  and apparatus 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 president of the medical society of the state of New
York and the president of the New York state osteopathic medical society
to submit to him or her a report on the amount of remuneration deemed by
such society to be fair and adequate for the types of medical care to be
rendered under this chapter, but consideration shall  be  given  to  the
view  of  other interested parties. In the case of physical therapy fees
schedules the chair shall request the president of a recognized  profes-
sional  association representing physical therapists in the state of New
York to submit to him or her a report  on  the  amount  of  remuneration
deemed  by  such  association  to be fair and reasonable for the type of
physical therapy services rendered under this chapter, but consideration
shall be given to the views of other  interested  parties.    The  chair
shall  also prepare and establish a schedule for the state, or schedules
limited to defined localities, of charges and fees for outpatient hospi-
tal services not covered  under  the  medical  fee  schedule  previously
referred to in this subdivision, 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 president of the hospital associ-
ation  of  New York state to submit to him or her a report on the amount
of remuneration deemed by such association to be fair and  adequate  for
the types of hospital outpatient care to be rendered under this chapter,
but  consideration  shall  be  given  to  the  views of other interested
parties. In the case of occupational therapy fees  schedules  the  chair
shall  request  the  president  of a recognized professional association
representing occupational therapists in the state of New York to  submit
to  him  or  her  a  report on the amount of remuneration deemed by such
association to be fair and reasonable for the type of occupational ther-
apy services rendered under this chapter,  but  consideration  shall  be
given  to  the views of other interested parties. IN THE CASE OF MASSAGE
THERAPY FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A  RECOG-
NIZED  PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE THERAPISTS
IN THE STATE OF NEW YORK TO SUBMIT TO HIM OR HER A REPORT ON THE  AMOUNT
OF REMUNERATION DEEMED BY SUCH ASSOCIATION TO BE FAIR AND REASONABLE FOR
THE  TYPE  OF OCCUPATIONAL THERAPY SERVICES RENDERED UNDER THIS CHAPTER,
BUT CONSIDERATION SHALL BE  GIVEN  TO  THE  VIEWS  OF  OTHER  INTERESTED
PARTIES.  The  amounts  payable  by  the employer for such treatment and

A. 6634                             3

services shall be the fees and charges  established  by  such  schedule.
Nothing  in  this  schedule, however, shall prevent voluntary payment of
amounts higher or lower than the fees and charges fixed therein, but  no
physician rendering medical treatment or care, and no physical, LICENSED
MASSAGE  or  occupational therapist rendering their respective physical,
MASSAGE or occupational therapy services  may  receive  payment  in  any
higher  amount  unless  such increased amount has been authorized by the
employer, or by decision as provided in section thirteen-g of this arti-
cle. Nothing in this  section  shall  be  construed  as  preventing  the
employment  of  a  duly  authorized  physician  on  a salary basis by an
authorized compensation medical bureau or laboratory.
  S 2. Subdivision 1 of section 13-g of the workers'  compensation  law,
as  amended  by  chapter  674 of the laws of 1994, is amended to read as
follows:
  (1) Within forty-five days after a  bill  has  been  rendered  to  the
employer  by the hospital, physician or self-employed physical, LICENSED
MASSAGE or occupational therapist who has rendered treatment pursuant to
a referral from the injured employee's authorized physician  or  author-
ized  podiatrist  for  treatment  to the injured employee, such employer
must pay the bill or notify the  hospital,  physician  or  self-employed
physical, LICENSED MASSAGE or occupational therapist in writing that the
bill  is  not being paid and explain the reasons for non-payment. In the
event that the employer fails to make payment or  notify  the  hospital,
physician  or  self-employed  physical, LICENSED MASSAGE or occupational
therapist within such forty-five day period that payment  is  not  being
made,  the  hospital,  physician,  self-employed  physical  therapist OR
SELF-EMPLOYED LICENSED MASSAGE THERAPIST or  self-employed  occupational
therapist  may  notify  the  chair in writing that the bill has not been
paid and request that the board make an award for payment of such  bill.
The  board  or  the  chair may make an award not in excess of the estab-
lished fee schedules for any such bill or  part  thereof  which  remains
unpaid  after  said forty-five day period or thirty days after all other
questions duly and timely raised in accordance with  the  provisions  of
this  chapter,  relating  to the employer's liability for the payment of
such amount, shall have been finally determined adversely to the employ-
er, whichever is later, in accordance  with  rules  promulgated  by  the
chair,  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.
  In the event that the employer has provided an explanation in  writing
why the bill has not been paid, in part or in full, within the aforesaid
time  period,  and  the parties can not agree as to the value of medical
aid rendered under this chapter, such value shall be  decided  by  arbi-
tration  if  requested by the hospital, physician or self-employed phys-
ical, LICENSED MASSAGE or occupational therapist, in accordance with the
provisions of subdivision two or subdivision three of this  section,  as
appropriate, and rules and regulations promulgated by the chair.
  Where  a  physician, physical, LICENSED MASSAGE or occupational thera-
pist 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 per cent (1 1/2%) per
month payable to the physician, physical, LICENSED  MASSAGE  or  occupa-
tional  therapist,  in accordance with the rules and regulations promul-
gated by the board. Interest shall be calculated  from  the  forty-fifth
day  after  the  bill  was  rendered or from the thirtieth day after all

A. 6634                             4

other questions duly and timely raised in accordance with the provisions
of this chapter, relating to the employer's liability for the payment of
such amount, shall have been finally determined adversely to the employ-
er,  whichever  is  later,  in  accordance with rules promulgated by the
chair.
  S 3. This act shall take effect immediately.