Assembly Bill A3127

2025-2026 Legislative Session

Relates to workers' access to treatment

download bill text pdf

Sponsored By

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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2025-A3127 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L
Versions Introduced in 2023-2024 Legislative Session:
A6832

2025-A3127 (ACTIVE) - Summary

Allows for treatment costing less than $1,500 to be done without prior approval, and more clearly defines the list of "pre-authorized procedures" as a floor on treatment as opposed to its current status as a ceiling; allows non-network providers of testing to be compensated at the provider network rate negotiated by the carrier.

2025-A3127 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3127
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by M. of A. LUNSFORD, CRUZ, GLICK, CONRAD, McMAHON, ZACCARO,
   SIMON, MAMDANI, BURDICK, EPSTEIN, SHRESTHA, COLTON, LUCAS,  TAYLOR  --
   read once and referred to the Committee on Labor
 
 AN  ACT  to amend the workers' compensation law, in relation to workers'
   access to treatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   §  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
 FIVE HUNDRED 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 unrea-
 sonably 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 treatment of injured workers. Such list of pre-authorized  procedures
 shall  not  prohibit varied treatment [when the treating provider demon-
 strates the appropriateness and medical necessity of  such],  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04384-01-5

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