S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    530
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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
 professional association representing physical therapists in  the  state
 of New York to] THE NEW YORK PHYSICAL THERAPY ASSOCIATION submit [to him
 or  her]  a  report on the amount of remuneration deemed by such associ-
 ation to be fair  and  reasonable  for  the  type  of  physical  therapy
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00867-01-5
 A. 530                              2
 
 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 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 consid-
 eration 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  occupa-
 tional 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 estab-
 lished 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 occupational therapist rendering their respec-
 tive 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] SUCH EMPLOYEE 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 treat-
 ment, or the injuries involved affect other parts of the body  in  addi-
 tion  to  the  foot, [the said] SUCH podiatrist must so advise [the said
 injured employee] and instruct [him or her  to]  SUCH  INJURED  EMPLOYEE
 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 by the podiatrist. If for any reason during
 the period when podiatric medical treatment and care  is  required,  the
 employee  [wishes  to]  MAY  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 CONSULTA-
 TION WITH THE BOARD'S MEDICAL DIRECTOR,  shall  BIENNIALLY  prepare  and
 A. 530                              3
 
 establish  a  schedule  for  the  state, or schedules limited to defined
 localities, 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 sched-
 ule  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  treatment  and  services shall be the fees and charges estab-
 lished 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] SUCH EMPLOYEE, any duly
 registered and licensed chiropractor of the state of New  York,  author-
 ized  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] SUCH  INJURED  EMPLOYEE  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 DIREC-
 TOR, shall BIENNIALLY prepare and establish a schedule for the state, or
 schedules limited to defined localities of charges and fees for  chirop-
 ractic 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  locali-
 ties  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
 A. 530                              4
 
 treatment and services shall be the fees and charges established by such
 schedule.
   §  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.