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

                                  3158

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  TITONE, ZEBROWSKI, STIRPE, GUNTHER, ROBERTS,
  JAFFEE, COOK, MONTESANO, BENEDETTO, MAGNARELLI --  Multi-Sponsored  by
  -- M. of A. ABBATE, CROUCH, HIKIND, HOOPER, McLAUGHLIN, TENNEY, WRIGHT
  -- 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:

  Section 1. The closing paragraph of 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:
  The chair, IN CONSULTATION WITH THE BOARD'S  MEDICAL  DIRECTOR,  shall
BIENNIALLY  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, optome-
tric or other attendance or treatment, nurse and hospital service, medi-
cine,  optometric  services, crutches, eye-glasses, false teeth, artifi-
cial 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]  THE NEW YORK PHYSICAL THERAPY ASSOCIATION to submit to him or her
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.
                                                           LBD03782-01-5
              

A. 3158                             2

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 hospital 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 association 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 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
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 or  occu-
pational  therapist  rendering their respective physical 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 article. 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 2 of section 13-k of the workers'  compensation  law,
as  amended  by  chapter  473 of the laws of 2000, is amended to read as
follows:
  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this article, when care is required for an injury to
the foot which injury or resultant condition therefrom may  lawfully  be
treated by a duly registered and licensed podiatrist of the state of New
York,  may  select  to treat him or her any podiatrist authorized by the
chair to render podiatry care, as hereinafter provided. If the injury or
condition is one which is without the limits prescribed by the education
law for podiatry care and treatment, or  the  injuries  involved  affect
other  parts  of  the  body in addition to the foot, the said podiatrist
must so advise the said injured employee and  instruct  him  or  her  to
consult  a  physician of said employee's choice for appropriate care and
treatment. Such physician shall thenceforth have overall supervision  of
the  treatment  of  said  patient  including  the future treatment to be
administered to the patient by the podiatrist. If for any reason  during
the  period  when  podiatry treatment and care is required, the employee
wishes to transfer his or her treatment and care to  another  authorized
podiatrist  he  or she may do so, in accordance with rules prescribed by
the chair, provided however that the employer shall be  liable  for  the
proper  fees of the original podiatrist for the care and treatment he or
she shall have rendered. A podiatrist licensed and registered  to  prac-
tice  podiatry in the state of New York who is desirous of being author-

A. 3158                             3

ized to render podiatry care under this section and/or to conduct  inde-
pendent  medical  examinations  in  accordance  with  paragraph  (b)  of
subdivision three of this section shall file an application for authori-
zation under this section with the podiatry practice committee.  In such
application  he or she shall agree to refrain from subsequently treating
for remuneration, as a private  patient,  any  person  seeking  podiatry
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 podiatrists
authorized to render podiatry care or  to  conduct  independent  medical
examinations under this chapter, or if the person seeking such treatment
has  been  transferred  from  his  or  her  care  in accordance with the
provisions of this section. This agreement shall run to the  benefit  of
the injured person so treated or examined, and shall be available to him
or  her  as  a  defense in any action by such podiatrist for payment for
treatment rendered by a podiatrist after he or she has been removed from
the list of podiatrists authorized to render podiatry care or to conduct
independent medical  examinations  under  this  section,  or  after  the
injured  person  was transferred from his or her care in accordance with
the provisions of this section. The podiatry practice  committee  if  it
deems  such  licensed  podiatrist  duly qualified shall recommend to the
chair that such podiatrist be authorized to render podiatry care  and/or
to  conduct  independent  medical  examinations under this section. Such
recommendation shall be advisory to the chair  only  and  shall  not  be
binding  or  conclusive upon him or her. The chair, IN CONSULTATION WITH
THE BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and  establish  a
schedule  for  the state, or schedules limited to defined localities, of
charges and fees for podiatry treatment and care, to  be  determined  in
accordance with and to be subject to change pursuant to rules promulgat-
ed  by the chair. Before preparing such schedule for the state or sched-
ules for limited localities the chair shall request the  podiatry  prac-
tice  committee  to  submit  to  him  or  her  a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of podiatry care to be rendered under this chapter, but consider-
ation shall be given to the view  of  other  interested  parties.    The
amounts payable by the employer for such treatment and services shall be
the fees and charges established by such schedule.
  S  3.  Subdivision 2 of section 13-l of the workers' compensation law,
as amended by chapter 473 of the laws of 2000, is  amended  to  read  as
follows:
  2.  An  employee  injured  under  circumstances which make such injury
compensable under this article, when care  is  required  for  an  injury
which  consists solely of a condition which may lawfully be treated by a
chiropractor as defined in section sixty-five hundred fifty-one  of  the
education  law  may  select to treat him or her, any duly registered and
licensed chiropractor of the state of New York, authorized by the  chair
to  render  chiropractic  care as hereinafter provided. If the injury or
condition is one which is outside the limits prescribed by the education
law for chiropractic care and treatment, the said chiropractor  must  so
advise  the  said  injured employee and instruct him or her to consult a
physician of said employee's choice for appropriate care and  treatment.
Such  physician  shall  thenceforth have supervision of the treatment of
said condition including the future treatment to be administered to  the
patient  by  the chiropractor. A chiropractor licensed and registered to
practice chiropractic in the state of New York, who is desirous of being
authorized to render chiropractic care  under  this  section  and/or  to

A. 3158                             4

conduct  independent  medical  examinations in accordance with paragraph
(b) of subdivision three of this section shall file an  application  for
authorization  under this section with the chiropractic practice commit-
tee.  In  such  application he or she shall agree to refrain from subse-
quently treating for remuneration, as  a  private  patient,  any  person
seeking  chiropractic treatment, or submitting to an independent medical
examination, in connection with, or as a result of, any injury compensa-
ble under this chapter, if he or she has been removed from the  list  of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent  medical examinations under this chapter, or if the person seek-
ing such treatment has been transferred from his or her care in  accord-
ance  with  the  provisions of this section. This agreement shall run to
the benefit of the injured person so treated, or examined, and shall  be
available  to him or her as a defense in any action by such chiropractor
for payment rendered by a chiropractor after he or she has been  removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the  injured  person  was transferred from his or her care in accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the chair that such be authorized to render chiropractic care and/or  to
conduct independent medical examinations under this section. Such recom-
mendations  shall be advisory to the chair only and shall not be binding
or conclusive upon him or her.  The  chair,  IN  CONSULTATION  WITH  THE
BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and establish a sche-
dule for the state, or schedules limited to defined localities of charg-
es  and  fees  for  chiropractic treatment and care, to be determined in
accordance with and to be subject to change pursuant to rules promulgat-
ed by the chair.  Before preparing such schedule for the state or sched-
ules for limited localities the chair  shall  request  the  chiropractic
practice  committee  to  submit  to him or her a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of  chiropractic  care  to  be  rendered  under this chapter, but
consideration shall be given to the view of  other  interested  parties,
the  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  S 4. Subdivision 3 of section 13-m of the workers'  compensation  law,
as  amended  by  chapter  473 of the laws of 2000, is amended to read as
follows:
  3. A psychologist, licensed and registered to practice  psychology  in
the  state  of  New  York, who is desirous of being authorized to render
psychological care under this  section  and/or  to  conduct  independent
medical  examinations  in  accordance  with paragraph (b) of subdivision
four of this section shall file an application for  authorization  under
this section with the psychology practice committee. The applicant shall
agree  to  refrain  from  subsequently  treating  for remuneration, as a
private patient, any person seeking psychological treatment, or  submit-
ting  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 psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any  action  by  such psychologist for payment for treatment rendered by
such psychologist after being removed from  the  list  of  psychologists
authorized  to  render  psychological  care  or  to  conduct independent
medical examinations under this section. The psychology practice commit-

A. 3158                             5

tee if it deems such licensed psychologist duly qualified  shall  recom-
mend to the chair that such person be authorized to render psychological
care  and/or  to  conduct  independent  medical  examinations under this
section.  Such  recommendations  shall be only advisory to the chair and
shall not be binding or conclusive. The chair, IN CONSULTATION WITH  THE
BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and establish a sche-
dule for the state or schedules limited to defined localities of charges
and  fees  for  psychological  treatment  and  care, 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  psychology  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
psychological care to be rendered under this chapter, but  consideration
shall  be  given  to  the  view of other interested parties. The amounts
payable by the employer for such treatment and  services  shall  be  the
fees and charges established by such schedule.
  S  5.  Notwithstanding the provisions of section one of this act or of
any other law, rule or regulation to the contrary, a revision to the fee
schedules established pursuant to sections 13, 13-k, 13-l  and  13-m  of
the  workers' compensation law existing as of the effective date of this
act shall be published by the chair of the workers'  compensation  board
on  behalf  of such board no later than one year following the effective
date of this act. Subsequent biennial schedules shall  be  published  in
final  form  on  January  fifteenth  every  other  year. Nothing in this
section shall limit the authority of the chair of the  workers'  compen-
sation  board  to make adjustments in the fee schedule other than at the
biennial publication.
  S 6. This act shall take effect immediately.