BILL NUMBER: S4612

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
coverage of treatment rendered by a massage therapist

 
PURPOSE:

Adds licensed massage therapists to the list of authorized providers of
workers' compensation.

 
SUMMARY OF PROVISIONS:

Sections one and two amend section 13-b of the workers' compensation law
to add licensed massage therapists to the list of authorized providers

Section 3 establishes the effective date

 
JUSTIFICATION:
              

Massage therapists are licensed to provide care to patients in New York
State under the provisions of Article 155 of the Education Law.  Howev-
er, injured employees can only be reimbursed for massage therapy
services on an ad-hoc basis, with some workers' compensation carriers
allowing it and others denying it.

This bill would add licensed massage therapists to the list of author-
ized providers and would allow an injured employee to receive reimburse-
ment for massage therapy services. Massage is a treatment used with
children, older adults, babies in incubators, patients with cancer,
AIDS, heart conditions and strokes, and in intensive care units. Most
American hospices provide massage and it is offered in many health
centers, pain clinics, and drug treatment clinics.

An October 2003 study by the American Hospital Association (AHA), with
support from the American Massage Therapy Association (AMTA), shows that
many hospitals are incorporating massage therapy into their pain manage-
ment programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy was
the most prevalent complementary and alternative medicine (CAM) offer-
ing, with 32 percent of hospitals reporting CAM use saying they offer
massage therapy. Of the hospitals with massage therapy programs, more
than 73 percent utilize massage therapy for pain management and pain
relief.

The AHA survey and the increasing use of massage therapy as revealed in
annual consumer visit surveys suggest that hospitals and healthcare
organizations are responding positively to the consensus of research and
evidence highlighting the benefits of massage therapy. Recent clinical
research on the efficacy of massage for pain management has demonstrated
that:

- Massage therapy is more effective for back pain than other complemen-
tary therapies.


- Massage therapy promotes relaxation and alleviated the perception of
pain and anxiety in cancer patients.

- Massage therapy reduces post-traumatic headaches better than cold pack
treatment.

- A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles
found that massage, as part of hospital-based surgery treatment, reduces
pain and muscle spasms in patients who have undergone heart bypass
surgery.

- Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NIH), has identified the management
and treatment of pain as a significant national health issue.  According
to NIH, pain is the most common reason people seek medical care and that
more than one third of all Americans will suffer from chronic pain at
some point in their lives. Chronic pain accounts for more than $100
billion in annual losses to American businesses through healthcare
expenses and lost productivity and approximately 14 percent of all
employees take time off from work due to pain each year.

In addition, a recent study was published by the American Massage Thera-
py Association titled Massage Therapy in Integrative Care & Pain Manage-
ment. Massage therapy is widely recognized as an effective non-pharmaco-
logical therapy for managing chronic and acute pain, behavioral health
issues and for rehabilitation of injuries.

In addition to the study, on April 27, 2018 the Center for Medicare and
Medicaid Services (CMS) sent clarification to Medicare Advantage organ-
izations and Section 1876 Cost Contract Plans in order to provide addi-
tional guidance to assist plans in preparing their CY 2019 bids. The
clarifying memorandum: "Reinterpretation of 'Primarily Health Related'
for Supplemental Benefits" includes a specific reference to the avail-
ability of massage therapy as an approved supplemental benefit for pain
management.

 
LEGISLATIVE HISTORY:

2023-24: S.6651 - Referred to Labor

2022 - S2138: vetoed by Governor

 
FISCAL IMPACT:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.