Assembly Bill A10250

2023-2024 Legislative Session

Provides that the list of pre-authoized procedures is to be used only as a list of treatment that does not require insurance carrier approval

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10250 (ACTIVE) - Details

See Senate Version of this Bill:
S7799
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L

2023-A10250 (ACTIVE) - Summary

Simplifies the procedure by which injured workers obtain treatment for injuries covered by the workers' compensation law; provides that the list of pre-authorized procedures is to be used only as a list of treatment that does not require insurance carrier approval.

2023-A10250 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10250
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Durso) --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  simplify-
   ing  the procedure by which injured workers obtain treatment for inju-
   ries covered by the workers' compensation law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 5 of section 13-a of the workers' compensation
 law, as amended by section 8 of part CC of chapter 55  of  the  laws  of
 2019, is amended to read as follows:
   (5)  No  claim  for  specialist  consultations,  surgical  operations,
 physiotherapeutic or occupational therapy procedures, x-ray examinations
 or special diagnostic laboratory tests costing more  than  one  thousand
 dollars shall be valid and enforceable, as against such employer, unless
 such  special  services shall have been authorized by the employer or by
 the board, or unless such authorization has been unreasonably  withheld,
 or  withheld for a period of more than thirty calendar days from receipt
 of a request for authorization, or  unless  such  special  services  are
 required in an emergency, provided, however, that the basis for a denial
 of  such  authorization  by  the employer must be based on a conflicting
 second opinion rendered by a physician  authorized  by  the  board.  The
 board,  with  the  approval of the superintendent of financial services,
 shall issue and maintain a list of pre-authorized procedures under  this
 section.  Such  list  of  pre-authorized  procedures shall be issued and
 maintained SOLELY for the purpose of expediting authorization of  treat-
 ment  of  injured  workers. Such list of pre-authorized procedures shall
 not prohibit varied treatment [when the treating  provider  demonstrates
 the  appropriateness and medical necessity of such treatment], NOR SHALL
 THE LIST BE USED AS A BASIS TO DENY  TREATMENT  NOT  CONTAINED  THEREIN.
 REQUESTS  FOR  VARIED  TREATMENT NEED ONLY COMPLY WITH THE PROVISIONS OF
 THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13633-01-3

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