S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    246
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- 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
 fair and reasonable for the type of physical therapy  services  rendered
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00270-01-3
 A. 246                              2
 
 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.
   §  2.  Subdivision 2 of section 13-k of the workers' compensation law,
 as amended by section 4 of part CC of chapter 55 of the laws of 2019, 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 podiatric medical care, as hereinafter provided. If  the
 injury or condition is one which is without the limits prescribed by the
 education  law for 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  appro-
 priate care and treatment. Such physician shall thenceforth have overall
 supervision of the treatment of said patient including the future treat-
 ment  to  be  administered  to the patient by the podiatrist. If for any
 reason during the period when 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. The chair, IN  CONSULTATION
 WITH  THE  BOARD'S MEDICAL DIRECTOR, shall BIENNIALLY prepare and estab-
 lish a schedule for the state, or schedules limited to  defined  locali-
 A. 246                              3
 
 ties,  of  charges and fees for podiatric medical treatment and care, 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
 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 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 treat-
 ment and services shall be the fees  and  charges  established  by  such
 schedule.
   §  3.  Subdivision 2 of section 13-l of the workers' compensation law,
 as amended by section 5 of part CC of chapter 55 of the laws of 2019, 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. 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 chiropractic treatment and care, 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  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.
   §  4.  Subdivision 3 of section 13-m of the workers' compensation law,
 as amended by section 6 of part CC of chapter 55 of the laws of 2019, is
 amended to read as follows:
   3. 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 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.
 A. 246                              4
 
   §  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.
   § 6. This act shall take effect immediately.