Senate Bill S343

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    343
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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  extending
   the  board's  authority  to resolve medical bill disputes and simplify
   the process

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 13-b of the workers' compensation law, as amended
 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
 amended by section 85 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   §  13-b.  Authorization of [physicians] PROVIDERS, medical bureaus and
 laboratories by the chair. 1. [Upon the recommendation  of  the  medical
 society of the county in which the physician's office is located or of a
 board  designated by such county society or of a board representing duly
 licensed physicians of any other school  of  medical  practice  in  such
 county, the chair may authorize physicians licensed to practice medicine
 in  the  state of New York to render medical care under this chapter and
 to perform independent medical examinations in accordance with  subdivi-
 sion  four  of section thirteen-a of this article. If, within sixty days
 after the chair requests such recommendations  the  medical  society  of
 such  county  or  board  fails to act, or if there is no such society in
 such county, the chair shall designate  a  board  of  three  outstanding
 physicians, who shall make the requisite recommendations.
   No such authorization shall be made in the absence of a recommendation
 of the appropriate society or board or of a review and recommendation by
 the  medical  appeals  unit.]  No  person  shall  render medical care or
 conduct independent medical examinations under this chapter without such
 authorization by the chair[, provided, that:   (a)].  AS  USED  IN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05172-01-9

 S. 343                              2
 
 TITLE,  THE  FOLLOWING  DEFINITIONS  SHALL  HAVE  THE FOLLOWING MEANINGS
 UNLESS THEIR CONTEXT REQUIRES OTHERWISE:
   (A)  "ACUPUNCTURIST"  SHALL MEAN LICENSED AS HAVING COMPLETED A FORMAL
 COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH  THE
 EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
 REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
 EDUCATION  LAW  TO  ADVISE,  IN WRITING, EACH PATIENT OF THE REQUIREMENT
 THAT HE OR SHE CONSULT WITH A PHYSICIAN FOR THE CONDITION OR  CONDITIONS
 NECESSITATING ACUPUNCTURE CARE, AS PRESCRIBED BY THE EDUCATION LAW.
   (B)  "CHAIR"  OF  THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S
 DESIGNEE.
   (C) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO  YEARS
 OF  PREPROFESSIONAL  COLLEGE  STUDY  AND A FOUR-YEAR RESIDENT PROGRAM IN
 CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND  CONSISTENT  WITH
 THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
   (D)  "DENTIST"  SHALL  MEAN  LICENSED AND HAVING COMPLETED A FOUR-YEAR
 COURSE OF STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR  AN  EQUIVALENT
 DEGREE,  IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIRE-
 MENTS OF THE COMMISSIONER OF EDUCATION.
   (E) "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED,  THE
 INSURANCE CARRIER.
   (F)  "INDEPENDENT  MEDICAL  EXAMINATION"  SHALL  MEAN  AN  EXAMINATION
 PERFORMED BY A  MEDICAL  PROVIDER,  AUTHORIZED  UNDER  THIS  SECTION  TO
 PERFORM  SUCH  EXAMINATION,  FOR  THE PURPOSE OF EXAMINING OR EVALUATING
 INJURY OR ILLNESS PURSUANT TO  PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF
 SECTION  THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER
 AND AS MORE FULLY SET FORTH IN REGULATION.
   (G) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
 NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
 TION LAW.
   (H) "OCCUPATIONAL THERAPIST" SHALL MEAN LICENSED  AS  HAVING  A  BACH-
 ELOR'S  OR  MASTER'S  DEGREE  IN  OCCUPATIONAL THERAPY FROM A REGISTERED
 PROGRAM WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR  DEGREE
 RESULTING  FROM  COMPLETION OF NOT LESS THAN FOUR YEARS OF POSTSECONDARY
 STUDY, WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY  IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (I)  "PHYSICAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING COMPLETED A
 MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY  IN  ACCORDANCE  WITH  THE
 EDUCATION  LAW  AND  THE  LICENSING  REQUIREMENTS OF THE COMMISSIONER OF
 EDUCATION.
   (J) "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR  OF  MEDI-
 CINE,  M.D.,  OR  DOCTOR OF OSTEOPATHIC MEDICINE, D.O., OR AN EQUIVALENT
 DEGREE IN ACCORDANCE WITH THE EDUCATION LAW AND THE  LICENSING  REQUIRE-
 MENTS  OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE COMMIS-
 SIONER OF EDUCATION.
   (K) "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRAD-
 UATED FROM  A  TWO-  TO  FOUR-YEAR  STATE-APPROVED  PHYSICIAN  ASSISTANT
 PROGRAM,  HAS  PASSED  A  LICENSING  EXAMINATION,  AND WHOSE ACTIONS AND
 DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
 ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER OF EDUCATION.
   (L) "PODIATRIST" SHALL MEAN A DOCTOR OF PODIATRIC MEDICINE LICENSED AS
 HAVING RECEIVED A DOCTORAL DEGREE IN PODIATRIC  MEDICINE  IN  ACCORDANCE
 WITH  THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE EDUCATION

 S. 343                              3
 
 LAW, AND MUST SATISFACTORILY MEET ALL OTHER REQUIREMENTS  OF  THE  STATE
 BOARD FOR PODIATRIC MEDICINE.
   (M) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
 INDEPENDENT  MEDICAL  EXAMINER,  NURSE PRACTITIONER, PHYSICAL THERAPIST,
 PHYSICIAN, PHYSICIAN  ASSISTANT,  PODIATRIST,  PSYCHOLOGIST,  OR  SOCIAL
 WORKER AUTHORIZED BY THE CHAIR.
   (N)  "PSYCHOLOGIST"  SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL
 DEGREE IN PSYCHOLOGY FROM A PROGRAM OF PSYCHOLOGY  REGISTERED  WITH  THE
 STATE  EDUCATION  DEPARTMENT  OR  THE  SUBSTANTIAL EQUIVALENT THEREOF IN
 ACCORDANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE  STATE  BOARD
 FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
   (O)  "SOCIAL  WORKER"  SHALL MEAN A LICENSED CLINICAL SOCIAL WORKER. A
 LICENSED CLINICAL SOCIAL WORKER  HAS  COMPLETED  A  MASTER'S  DEGREE  OF
 SOCIAL  WORK  THAT  INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST
 TWELVE CREDIT HOURS OF CLINICAL COURSES OR THE EQUIVALENT  POST-GRADUATE
 CLINICAL  COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGU-
 LATIONS OF THE COMMISSIONER OF EDUCATION.
   2. Any [physician] PROVIDER licensed [to practice  medicine]  PURSUANT
 TO  THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND TREATMENT in the state
 of New York may render emergency [medical]  care  AND  TREATMENT  IN  AN
 EMERGENCY  HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY TREATMENT
 under this  chapter  without  authorization  by  the  chair  under  this
 section; [and
   (b)]  (A)  SUCH  licensed  [physician]  PROVIDER AS IDENTIFIED IN THIS
 SUBDIVISION who is [a member of  a  constituted  medical  staff  of  any
 hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMER-
 GENCY TREATMENT may [render] CONTINUE SUCH medical care under this chap-
 ter  while  an  injured  employee  remains a patient in such hospital OR
 URGENT CARE SETTING; and
   [(c)] (B) Under the [active and personal]  DIRECT  supervision  of  an
 authorized  [physician]  PROVIDER,  medical  care  may  be rendered by a
 registered nurse or other person trained  in  laboratory  or  diagnostic
 techniques  within  the  scope of such person's specialized training and
 qualifications. This supervision shall be evidenced by signed records of
 instructions for treatment and signed records of the patient's condition
 and progress. Reports of such treatment and supervision shall be made by
 such [physician] PROVIDER to the chair [on such forms and] IN THE FORMAT
 PRESCRIBED BY THE CHAIR at such times as the chair may require.
   [(d) Upon the referral which may be directive as to  treatment  of  an
 authorized  physician  physical  therapy  care may be rendered by a duly
 licensed physical therapist. Where physical  therapy  care  is  rendered
 records  of  the patient's condition and progress, together with records
 of instruction for treatment, if any, shall be maintained by  the  phys-
 ical  therapist  and  physician.  Said records shall be submitted to the
 chair on such forms and at such times as the chair may require.
   (e) Upon the prescription or referral of an authorized physician occu-
 pational therapy care may be rendered by a  duly  licensed  occupational
 therapist.  Where  occupational  therapy care is rendered records of the
 patient's condition and progress, together with records  of  instruction
 for  treatment, if any shall be maintained by the occupational therapist
 and physician. Said records shall be submitted to the chair on forms and
 at such times as the chair may require.
   (f)] (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] PROVIDER, the  employer
 or carrier shall arrange for such examination to be performed by a qual-

 S. 343                              4
 
 ified  [physician]  PROVIDER  in  a  medical  facility convenient to the
 claimant.
   [2.] (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN,
 OR  NURSE  PRACTITIONER  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,
 CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY  AN  AUTHOR-
 IZED   PHYSICAL   THERAPIST,  OCCUPATIONAL  THERAPIST  OR  ACUPUNCTURIST
 PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDI-
 TIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR  ACUPUNCTU-
 RIST  IS  AUTHORIZED TO TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU-
 LATIONS OF THE COMMISSIONER OF  EDUCATION.    WHERE  ANY  SUCH  CARE  OR
 TREATMENT  IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS,
 TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT,  IF  ANY,  SHALL  BE
 MAINTAINED BY THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNC-
 TURIST RENDERING TREATMENT AND BY THE REFERRING PHYSICIAN OR NURSE PRAC-
 TITIONER.  SAID  RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT
 SUCH TIMES AS THE CHAIR MAY REQUIRE.
   (E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL
 THERAPIST,  ACUPUNCTURIST OR PHYSICIAN ASSISTANT SHALL NOT BE CONSIDERED
 AS EVIDENCE OF THE CAUSAL  RELATIONSHIP  OF  ANY  CONDITION  TO  A  WORK
 RELATED  ACCIDENT  OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER. NOR MAY A
 RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL  THERA-
 PIST  OR  ACUPUNCTURIST  BE CONSIDERED EVIDENCE OF DISABILITY. NOR MAY A
 RECORD, REPORT  OR  OPINION  OF  A  PHYSICIAN  ASSISTANT  BE  CONSIDERED
 EVIDENCE  OF  THE  PRESENCE  OF A PERMANENT OR INITIAL DISABILITY OR THE
 DEGREE THEREOF.  NOR MAY A PHYSICAL THERAPIST,  OCCUPATIONAL  THERAPIST,
 ACUPUNCTURIST  OR  PHYSICIAN  ASSISTANT  PERFORM  AN INDEPENDENT MEDICAL
 EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
   (F) A NURSE PRACTITIONER, OR LICENSED  CERTIFIED  SOCIAL  WORKER,  MAY
 PERFORM AN INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF AN EMPLOYER ONLY
 TO  THE  EXTENT  THAT  THE EXAMINATION CONCERNS TREATMENT RENDERED BY AN
 IDENTICAL PROVIDER TYPE, BUT MAY  NOT  PERFORM  AN  INDEPENDENT  MEDICAL
 EXAMINATION  ON  BEHALF  OF  THE  EMPLOYER  CONCERNING  (1)  THE  CAUSAL
 RELATIONSHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL
 DISEASE UNDER THIS CHAPTER OR (2) THE PRESENCE OF A  DISABILITY  OR  THE
 DEGREE THEREOF.
   3. A [physician licensed to practice medicine in the state of New York
 who  is]  PROVIDER  PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE REGU-
 LATIONS OF THE COMMISSIONER OF EDUCATION AND  THE  REQUIREMENTS  OF  THE
 EDUCATION  LAW desirous of being authorized to render medical care under
 this chapter and/or  to  conduct  independent  medical  examinations  in
 accordance  with paragraph (b) of subdivision four of section thirteen-a
 and section one hundred thirty-seven  of  this  chapter  shall  file  an
 application for authorization under this chapter with the [medical soci-
 ety in the county in which his or her office is located, or with a board
 designated  by  such society, or with a board designated by the chair as
 provided in this section. In such application the applicant shall  state
 his  or her training and qualifications, and shall agree to limit his or
 her professional activities under this chapter to such medical care  and
 independent  medical examinations, as his or her experience and training
 qualify him or her to render.  The  applicant  shall  further  agree  to
 refrain]  CHAIR OR CHAIR'S DESIGNEE. PRIOR TO RECEIVING AUTHORIZATION, A
 PHYSICIAN MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO THE CHAIR,
 SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE  COUNTY  IN  WHICH
 THE PHYSICIAN'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY SUCH COUN-
 TY  SOCIETY  OR  OF A BOARD REPRESENTING DULY LICENSED PHYSICIANS OF ANY
 OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT  THE  RECOM-

 S. 343                              5
 
 MENDATION  TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY OR BOARD FAILS
 TO TAKE ACTION UPON A PHYSICIAN'S APPLICATION  WITHIN  FORTY-FIVE  DAYS,
 THE  CHAIR MAY COMPLETE REVIEW OF THE APPLICATION WITHOUT SUCH APPROVAL.
 UPON  APPROVAL  OF THE APPLICATION BY THE CHAIR OR THE CHAIR'S DESIGNEE,
 THE APPLICANT SHALL FURTHER AGREE TO REFRAIN  from subsequently treating
 for remuneration, as a  private  patient,  any  person  seeking  medical
 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 [physicians]
 PROVIDERS authorized to render medical care or  to  conduct  independent
 medical  examinations  under this chapter, or if the person seeking such
 treatment, or submitting to an independent medical examination, has been
 transferred from his or her care in accordance with  the  provisions  of
 this  chapter.  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  [physician]  PROVIDER  for  payment  for
 treatment  rendered  by  a [physician] PROVIDER after he or she has been
 removed from the list of [physicians]  PROVIDERS  authorized  to  render
 medical  care  or to conduct independent medical examinations under this
 chapter, or after the injured person was transferred  from  his  or  her
 care  in  accordance  with  the provisions of this chapter. [The medical
 society or the board  designated  by  it,  or  the  board  as  otherwise
 provided  under  this  section, if it deems such licensed physician duly
 qualified, shall recommend to the chair that such physician  be  author-
 ized  to render medical care and/or conduct independent medical examina-
 tions under this chapter,  and  such  recommendation  and  authorization
 shall  specify  the character of the medical care or independent medical
 examination which such physician is qualified and authorized  to  render
 under  this chapter. Such recommendations shall be advisory to the chair
 only and shall not be  binding  or  conclusive  upon  him  or  her.  The
 licensed  physician  may  present  to  the  medical  society  or  board,
 evidences of additional qualifications at any time subsequent to his  or
 her  original  application.  If  the  medical  society or board fails to
 recommend to the chair that a physician be authorized to render  medical
 care and/or to conduct independent medical examinations under this chap-
 ter,  the  physician may appeal to the medical appeals unit. The medical
 society or the board  designated  by  it,  or  the  board  as  otherwise
 provided  under this section, may upon its own initiative, or shall upon
 request of the chair, review at  any  time  the  qualifications  of  any
 physician as to the character of the medical care or independent medical
 examinations  which  such  physician  has theretofore been authorized to
 render under this chapter and may  recommend  to  the  chair  that  such
 physician be authorized to render medical care or to conduct independent
 medical examinations thereafter of the character which such physician is
 then  qualified to render. On such advisory recommendation the chair may
 review and after reasonable investigation may revise  the  authorization
 of  a  physician  in  respect to the character of medical care and/or to
 conduct independent medical examinations which he or she  is  authorized
 to  render. If the medical society or board recommends to the chair that
 a physician be authorized to render medical care and/or to conduct inde-
 pendent medical examinations under this chapter of a character different
 from the character of medical care or independent  medical  examinations
 he  or she has been theretofore authorized to render, such physician may
 appeal from such recommendation to the medical appeals unit.
   3.] 4. Laboratories and bureaus engaged in x-ray diagnosis  or  treat-
 ment  or  in  physiotherapy  or  other  therapeutic procedures and which

 S. 343                              6
 
 participate in the diagnosis or treatment of injured  [workmen]  WORKERS
 under  this chapter shall be operated or supervised by [qualified physi-
 cians duly] PROVIDERS authorized under this chapter and shall be subject
 to  the  provisions of section thirteen-c of this article. The person in
 charge of diagnostic clinical laboratories duly  authorized  under  this
 chapter  shall  possess  the  qualifications  established  by the public
 health and health planning council for approval by the state commission-
 er of health or, in the city of New York, the qualifications approved by
 the board of health of said city and shall  maintain  the  standards  of
 work required for such approval.
   §  2. Section 13-g of the workers' compensation law, as added by chap-
 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674  of
 the  laws  of 1994, subdivisions 2 and 3 as amended by section 4 of part
 GG of chapter 57 of the laws  of  2013,  subdivision  4  as  amended  by
 section  3 of part D of chapter 55 of the laws of 2015, subdivision 5 as
 amended by chapter 578 of the laws of 1959 and subdivision 6 as  amended
 by chapter 639 of the laws of 1996, is amended to read as follows:
   § 13-g. Payment of bills for medical care.  (1) Within forty-five days
 after  a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO SECTION
 THIRTEEN OF THIS ARTICLE has been  rendered  to  the  employer  [by  the
 hospital,  physician or self-employed physical or occupational therapist
 who has rendered treatment pursuant  to  a  referral  from  the  injured
 employee's  authorized  physician or authorized podiatrist for treatment
 to the injured employee], such employer must pay the bill or notify  the
 [hospital, physician or self-employed physical or occupational therapist
 in  writing]  MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED
 BY THE CHAIR 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 or occupa-
 tional therapist] MEDICAL CARE PROVIDER OR SUPPLIER within  such  forty-
 five  day  period  that payment is not being made, the [hospital, physi-
 cian, self-employed physical  therapist  or  self-employed  occupational
 therapist] MEDICAL CARE PROVIDER OR SUPPLIER may notify THE BOARD IN THE
 FORMAT  PRESCRIBED  BY 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 or occupational therapist, in accordance  with  the  provisions  of
 subdivision  two  or  subdivision three of this section, as appropriate,
 and] AS SET FORTH IN rules and regulations promulgated by the chair.
   Where a [physician,  physical  or  occupational  therapist]  bill  FOR
 MEDICAL  CARE  OR  SUPPLIES  has  been determined to be due and owing in

 S. 343                              7
 
 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] PERCENT (1 1/2%) per month payable to the  [physician,  phys-
 ical  or  occupational  therapist] MEDICAL CARE PROVIDER OR SUPPLIER, in
 accordance with the rules and  regulations  promulgated  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,  relat-
 ing  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.
   (2)  (a)  If  the  parties  fail  to agree to the value of medical aid
 rendered under this chapter and the amount of the disputed bill  is  one
 thousand  dollars or less, or if the amount of the disputed medical bill
 exceeds one thousand dollars and the [health] MEDICAL care  provider  OR
 SUPPLIER  expressly so requests, such value shall be decided by a single
 arbitrator process, pursuant to rules promulgated  by  the  chair.  [The
 chair  shall appoint a physician who is a member in good standing of the
 medical society of the state of New York to determine the value of  such
 disputed  medical  bill.    Where  the physician whose charges are being
 arbitrated is a member in good standing  of  the  New  York  osteopathic
 society, the value of such disputed bill shall be determined by a member
 in  good  standing  of the New York osteopathic society appointed by the
 chair. Where the physician whose  charges  are  being  arbitrated  is  a
 member  in  good standing of the New York homeopathic society, the value
 of such disputed bill shall be determined by a member in  good  standing
 of  the  New  York homeopathic society appointed by the chair. Where the
 value of physical therapy services or occupational therapy  services  is
 at issue, such value shall be determined by a member in good standing of
 a   recognized  professional  association  representing  its  respective
 profession in the state of New York appointed by the  chair.]  Decisions
 rendered  under  the  single arbitrator process shall be conclusive upon
 the parties as to the value of the services in dispute.
   (b) If the parties fail to agree  as  to  the  value  of  medical  aid
 rendered  under this chapter and the amount of the disputed bill exceeds
 one thousand dollars, such value shall  be  decided  by  an  arbitration
 committee unless the [health] MEDICAL care provider OR SUPPLIER express-
 ly requests a single arbitrator process in accordance with paragraph (a)
 of  this  subdivision.   The arbitration committee shall [consist of one
 physician designated by the president of  the  medical  society  of  the
 county in which the medical services were rendered, one physician who is
 a  member  of the medical society of the state of New York, appointed by
 the employer or carrier, and one physician, also a member of the medical
 society of the state of New York, appointed by the chair of the workers'
 compensation board. If the physician whose charges are being  arbitrated
 is  a member in good standing of the New York osteopathic society or the
 New York homeopathic society, the members of such arbitration  committee
 shall  be  physicians  of  such organization, one to be appointed by the
 president of that organization, one by the employer or carrier  and  the
 third  by  the chair of the workers' compensation board. Where the value
 of physical therapy services is at issue and the amount of the  disputed
 bill  exceeds  one  thousand  dollars,  the  arbitration committee shall
 consist of a member in good standing of a recognized professional  asso-
 ciation  representing  physical  therapists  in  the  state  of New York
 appointed by the president of such organization, a physician  designated
 by  the  employer  or carrier and a physician designated by the chair of

 S. 343                              8

 the workers' compensation board provided however, that the  chair  finds
 that there are a sufficient number of physical therapy arbitrations in a
 geographical area comprised of one or more counties to warrant a commit-
 tee so comprised. In all other cases where the value of physical therapy
 services  is  at  issue  and the amount of the disputed bill exceeds one
 thousand dollars, the arbitration committee shall be similarly  selected
 and  identical  in  composition,  provided  that  the physical therapist
 member shall serve without remuneration, and provided  further  that  in
 the  event a physical therapist is not available, the committee shall be
 comprised of three physicians designated in the same manner as in  cases
 where the value of medical aid is at issue.
   (c)  Where  the value of occupational therapy services is at issue the
 arbitration committee shall consist of a member in good  standing  of  a
 recognized professional association representing occupational therapists
 in  the  state  of New York appointed by the president of such organiza-
 tion; a physician designated by the employer or carrier and a  physician
 designated  by  the  chair  of the workers' compensation board provided,
 however, that the chair finds that there  are  a  sufficient  number  of
 occupational  therapy  arbitrations  in a geographical area comprised of
 one or more counties to warrant a committee so comprised.  In all  other
 cases  where  the value of occupational therapy services is at issue and
 the amount of the disputed bill exceeds one thousand dollars, the  arbi-
 tration  committee shall be similarly selected and identical in composi-
 tion, provided that the occupational therapist member shall serve  with-
 out remuneration, and provided further that in the event an occupational
 therapist  is  not  available, the committee shall be comprised of three
 physicians designated in the same manner as in cases where the value  of
 medical  aid is at issue.] HAVE THREE MEMBERS DESIGNATED BY THE CHAIR IN
 CONSULTATION WITH THE MEDICAL DIRECTOR'S OFFICE OF THE WORKERS'  COMPEN-
 SATION  BOARD.  The  majority decision of any such arbitration committee
 shall be conclusive upon the parties as to the value of the services  in
 dispute.
   (3)  [(a)  If an employer shall have notified the hospital in writing,
 as provided in subdivision one of this section, why  the  bill  has  not
 been  paid,  in  part or in full, and the amount of the disputed bill is
 one thousand dollars or less,  or  where  the  amount  of  the  disputed
 medical  bill exceeds one thousand dollars and the hospital expressly so
 requests, such value shall be decided by a  single  arbitrator  process,
 pursuant  to  rules  promulgated by the chair. The chair shall appoint a
 physician in good standing licensed to practice in  New  York  state  to
 determine  the value of such disputed bill. Decisions rendered under the
 administrative resolution procedure shall be conclusive upon the parties
 as to the value of the services in dispute.
   (b) If an employer shall have notified the  hospital  in  writing,  as
 provided  in  subdivision one of this section, why the bill has not been
 paid, in part or in full, and the amount of the  disputed  bill  exceeds
 one  thousand  dollars, the value of such bill shall be determined by an
 arbitration committee appointed by the chair  for  that  purpose,  which
 committee  shall consider all of the charges of the hospital, unless the
 hospital expressly requests a  single  arbitrator  process  pursuant  to
 paragraph  (a) of this subdivision. The committee shall consist of three
 physicians. One member of the committee may be nominated  by  the  chair
 upon  recommendation of the president of the hospital association of New
 York state and one member may be nominated by the employer or  insurance
 carrier. The majority decision of any such committee shall be conclusive
 upon the parties as to the value of the services rendered. The chair may

 S. 343                              9

 make  reasonable rules and regulations consistent with the provisions of
 this section.
   (4)]  A  provider  OR  SUPPLIER initiating an arbitration, including a
 single arbitrator process, pursuant to this section shall not pay a  fee
 to  cover  the  costs  related to the conduct of such arbitration. [Each
 member of an arbitration committee for medical bills, and each member of
 an arbitration committee for hospital bills shall be entitled to receive
 and shall be paid a fee for each  day's  attendance  at  an  arbitration
 session in any one count in an amount fixed by the chair of the workers'
 compensation board.
   (5)]  (4)  In  claims  where the employer has failed to secure compen-
 sation to his employees as required by section fifty  of  this  chapter,
 the  board  may  make  an  award for the value of medical [and podiatry]
 services, SUPPLIES or treatment rendered to such employees,  in  accord-
 ance  with  the  schedules  of fees and charges prepared and established
 under the provisions of [section thirteen, subdivision  a,  and  section
 thirteen-k,  subdivision  two, of] this chapter[, and for the reasonable
 value of hospital care in accordance with the charges currently in force
 in  hospitals  in  the  same  community  for  cases  coming  within  the
 provisions of this chapter]. Such award shall be made to the [physician,
 podiatrist,  or  hospital]  MEDICAL  CARE  PROVIDER OR SUPPLIER entitled
 thereto. A default in the payment of such award may be enforced  in  the
 manner  provided for the enforcement of compensation awards as set forth
 in section twenty-six of this [chapter] ARTICLE.
   In all cases coming under this subdivision the payment  of  the  claim
 [of  the  physician,  podiatrist,  or hospital for medical, podiatry, or
 surgical services or treatment] FOR MEDICAL CARE OR  SUPPLIES  shall  be
 subordinate to that of the claimant or his OR HER beneficiaries.
   [(6)  Notwithstanding  any  inconsistent provision of law, arbitration
 regarding payments for  inpatient  hospital  services  for  any  patient
 discharged  on  or  after January first, nineteen hundred ninety-one and
 prior to December thirty-first, nineteen  hundred  ninety-six  shall  be
 resolved  in  accordance  with  paragraph  (d)  of  subdivision three of
 section twenty-eight hundred seven-c of the public health law.]
   § 3. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
 section 13-k of the workers' compensation law, subdivision 1 as added by
 chapter  787  of the laws of 1952 and subdivision 2 and paragraph (b) of
 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
 to read as follows:
   1. When the term "chairman" is hereinafter used, it shall be deemed to
 mean the [chairman] CHAIR of the [workmen's] WORKERS' compensation board
 of the state of New York.
   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]  PODIATRIC  MEDICAL  care,  as  hereinafter
 provided.  If the injury or condition is one which is without the limits
 prescribed by the education law for [podiatry]  PODIATRIC  MEDICAL  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

 S. 343                             10
 
 by the podiatrist. If for any reason during the period  when  [podiatry]
 PODIATRIC MEDICAL 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 practice  podia-
 try  in  the  state  of  New York who is desirous of being authorized to
 render podiatry care under this section and/or  to  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 podiatry practice committee.  In such application
 he or she shall agree to refrain from subsequently treating for remuner-
 ation, 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 podia-
 trist  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 trans-
 ferred 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  podia-
 trist  be authorized to render podiatry care and/or to conduct independ-
 ent 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 shall prepare and establish a  schedule  for
 the  state,  or  schedules limited to defined localities, of charges and
 fees for [podiatry] PODIATRIC MEDICAL treatment and care, to  be  deter-
 mined  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 [podia-
 try] PODIATRIC MEDICINE 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 [podiatry] PODIATRIC MEDICAL 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  estab-
 lished by such schedule.
   (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 podiatrist author-
 ized  by  the chair in accordance with [subdivision two of this] section
 THIRTEEN-B and section one hundred thirty-seven of this  chapter,  at  a
 medical  facility  convenient to the claimant and in the presence of the
 claimant's podiatrist, 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.

 S. 343                             11
 
   § 4. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
 section 13-l of the workers' compensation law, subdivision 1 as added by
 chapter  940  of the laws of 1973 and subdivision 2 and paragraph (b) of
 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
 to read as follows:
   1.  Where  the term "chairman" is hereinafter used, it shall be deemed
 to mean the [chairman] CHAIR of the  [workmen's]  WORKERS'  compensation
 board of the state of New York.
   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
 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 shall prepare and establish a
 schedule for the state, or schedules limited to  defined  localities  of
 charges  and  fees for chiropractic treatment and care, to be determined
 in accordance with and to be subject to change pursuant to rules promul-
 gated by the chair.  Before preparing such schedule  for  the  state  or
 schedules  for limited localities the chair shall request the chiroprac-
 tic 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

 S. 343                             12
 
 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.
   (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 chiropractor
 authorized by the chair in accordance with  [subdivision  two  of  this]
 section  THIRTEEN-B and section one hundred thirty-seven of this chapter
 at a medical facility convenient to the claimant and in the presence  of
 the  claimant's  chiropractor,  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 claim-
 ant  from recovering compensation, for any period during which he or she
 has refused to submit to such examination.
   § 5. Subdivisions 1, 2 and 3 and paragraph (b)  of  subdivision  4  of
 section  13-m  of the workers' compensation law, subdivisions 1 and 2 as
 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000,  are
 amended to read as follows:
   1.  Where  the term "chairman" is hereinafter used, it shall be deemed
 to mean the [chairman] 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 psychologist, duly
 registered and licensed by the state of  New  York,  authorized  by  the
 [chairman] CHAIR to render psychological care pursuant to [this] section
 THIRTEEN-B  OF  THIS ARTICLE. Such services shall be within the scope of
 such psychologist's specialized training and qualifications  as  defined
 in article one hundred fifty-three 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]  ARTICLE,  may  provide  psychological services when
 required[, upon the referral of an authorized physician,  provided  such
 care  is rendered by a duly registered, licensed and authorized psychol-
 ogist, as required by this section].
   (c) A psychologist rendering service pursuant to  this  section  shall
 maintain records of the patient's psychological condition and treatment,
 and  such  records or reports shall be submitted to the [chairman] CHAIR
 on such forms and at such times as the [chairman] CHAIR may require.
   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

 S. 343                             13

 authorized  to  render  psychological  care  or  to  conduct independent
 medical examinations under this section. The psychology practice commit-
 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 shall prepare and estab-
 lish a schedule for the state or schedules limited to defined localities
 of charges and fees for psychological treatment and care, to  be  deter-
 mined  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 psychol-
 ogy 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.
   (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 psychologist,
 authorized by the chair in accordance with [subdivision three  of  this]
 section THIRTEEN-B and section one hundred thirty-seven of this chapter,
 at  a medical facility convenient to the claimant and in the presence of
 the claimant's psychologist, 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 claim-
 ant from recovering compensation, for any period during which he or  she
 has refused to submit to such examination.
   §  6.  Section  54-b  of  the workers' compensation law, as amended by
 chapter 6 of the laws of 2007, is amended to read as follows:
   § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
 default  by  a  carrier  or  self-insured employer in the payment of any
 compensation due under an award for the  period  of  thirty  days  after
 payment  is  due  and payable, or in the case of failure by a carrier or
 self-insured employer to make full payment of an award for medical  care
 OR  SUPPLIES  issued by the board or the chair pursuant to section thir-
 teen-g of this chapter, the chair in any such case  or  on  the  chair's
 consent  any  party  to  an award may file with the county clerk for the
 county in which the injury occurred or the county in which  the  carrier
 or self-insured employer has his or her principal place of business, (1)
 a  certified  copy of the decision of the board awarding compensation or
 ending, diminishing or increasing compensation previously awarded,  from
 which  no  appeal has been taken within the time allowed therefor, or if
 an appeal has been taken by a carrier or self-insured employer  who  has
 not complied with the provisions of section fifty of this article, where
 he  or  she  fails  to deposit with the chair the amount of the award as
 security for its payment within ten days after the same is due and paya-
 ble, or (2) a certified copy of the award for medical care  OR  SUPPLIES
 issued  pursuant  to  section  thirteen-g of this chapter, and thereupon
 judgment must be entered in the supreme court by the clerk of such coun-
 ty in conformity therewith immediately upon such filing. If the  payment
 in default be an installment, the board may declare the entire award due
 and  judgment  may  be entered in accordance with the provisions of this
 section. Such judgment shall be entered in the  same  manner,  have  the
 same effect and be subject to the same proceedings as though rendered in

 S. 343                             14
 
 a  suit  duly  heard and determined by the supreme court, except that no
 appeal may be taken therefrom. The court shall  vacate  or  modify  such
 judgment  to  conform  to  any later award or decision of the board upon
 presentation  of  a  certified copy of such award or decision. The award
 may be so compromised by the board as in the discretion of the board may
 best serve the interest of the persons entitled to receive  the  compen-
 sation  or  benefits.  Where an award has been made against a carrier or
 self-insured employer in accordance with the provisions  of  subdivision
 nine  of  section  fifteen, or of section twenty-five-a of this chapter,
 such an award may be similarly compromised by the board, upon notice  to
 a representative of the fund to which the award is payable, but if there
 be  no  representative  of  any such fund, notice shall be given to such
 representative as may be designated by  the  chair  of  the  board;  and
 notwithstanding  any  other  provision  of law, such compromise shall be
 effective without the necessity of  any  approval  by  the  state  comp-
 troller.  Neither  the chair nor any party in interest shall be required
 to pay any fee to any public officer for filing or recording  any  paper
 or  instrument  or  for issuing a transcript of any judgment executed in
 pursuance of this section. The carrier or self-insured employer shall be
 liable for all costs and attorneys fees necessary to enforce the  award.
 For  the  purposes of this section, the term "carrier" shall include the
 state insurance fund and any stock corporation,  mutual  corporation  or
 reciprocal  insurer  authorized  to  transact  the  business of workers'
 compensation insurance in this state.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.