S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  406--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. ROBACH, LATIMER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee

 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. 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02920-03-7

 S. 406--A                           2
 
 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
 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.
   § 2. Subdivision 1 of section 13-b of the workers' compensation law is
 amended by adding a new paragraph (g) to read as follows:
   (G)  UPON  THE  PRESCRIPTION  OR  REFERRAL OF AN AUTHORIZED PHYSICIAN,
 MASSAGE THERAPY CARE MAY BE RENDERED BY A DULY LICENSED  MASSAGE  THERA-
 PIST.  WHERE  MASSAGE THERAPY CARE IS RENDERED, RECORDS OF THE PATIENT'S
 CONDITION AND PROGRESS, TOGETHER WITH RECORDS OF INSTRUCTION FOR  TREAT-
 MENT, IF ANY SHALL BE MAINTAINED BY THE MESSAGE THERAPIST AND PHYSICIAN.
 SAID  RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT SUCH TIMES
 AS THE CHAIR MAY REQUIRE.  A DULY LICENSED MASSAGE THERAPIST  SHALL  NOT
 BE AUTHORIZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS.
   §  3.  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

 S. 406--A                           3
 
 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 thera-
 pist 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  established  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 employer,  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
 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.
   § 4. This act shall take effect immediately.