§ 13-g. Payment of bills for medical care. (1) Within forty-five days
after a bill for medical care or supplies delivered pursuant to section
thirteen of this article has been rendered to the employer, such
employer must pay the bill or notify the medical care provider or
supplier in the format prescribed by the chair that the bill is not
being paid and explain the reasons for non-payment. In the event that
the employer fails to make payment or notify the medical care provider
or supplier within such forty-five day period that payment is not being
made, the medical care provider or supplier may notify the board in the
format prescribed by the chair that the bill has not been paid and
request that the board make an award for payment of such bill. The board
or the chair may make an award not in excess of the established fee
schedules for any such bill or part thereof which remains unpaid after
said forty-five day period or thirty days after all other questions duly
and timely raised in accordance with the provisions of this chapter,
relating to the employer's liability for the payment of such amount,
shall have been finally determined adversely to the employer, whichever
is later, in accordance with rules promulgated by the chair, and such
award may be collected in like manner as an award of compensation. The
chair shall assess the sum of fifty dollars against the employer for
each such award made by the board, which sum shall be paid into the
state treasury.

In the event that the employer has provided an explanation in writing
why the bill has not been paid, in part or in full, within the aforesaid
time period, and the parties can not agree as to the value of medical
aid rendered under this chapter, such value shall be decided by
arbitration as set forth in rules and regulations promulgated by the
chair.

Where a bill for medical care or supplies has been determined to be
due and owing in accordance with the provisions of this section the
board shall include in the amount of the award interest of not more than
one and one-half percent (1 1/2%) per month payable to the medical care
provider or supplier, in accordance with the rules and regulations
promulgated by the board. Interest shall be calculated from the
forty-fifth day after the bill was rendered or from the thirtieth day
after all other questions duly and timely raised in accordance with the
provisions of this chapter, relating to the employer's liability for the
payment of such amount, shall have been finally determined adversely to
the employer, whichever is later, in accordance with rules promulgated
by the chair.

(2) If the parties fail to agree to the value of medical aid rendered
under this chapter, such value shall be decided by a single arbitrator
process, pursuant to rules promulgated by the chair. The chair shall
appoint a physician who is a member in good standing of the medical
society of the state of New York to determine the value of such disputed
medical bill. Where the physician whose charges are being arbitrated is
a member in good standing of the New York osteopathic society, the value
of such disputed bill shall be determined by a member in good standing
of the New York osteopathic society appointed by the chair. Where the
physician whose charges are being arbitrated is a member in good
standing of the New York homeopathic society, the value of such disputed
bill shall be determined by a member in good standing of the New York
homeopathic society appointed by the chair. Where the value of any other
authorized provider's services are at issue, such value shall be
determined by a member in good standing of one or more recognized
professional associations representing its respective profession in the
state of New York appointed by the chair. Decisions rendered under the
single arbitrator process shall be conclusive upon the parties as to the
value of the services in dispute.

(3) A provider or supplier initiating a single arbitrator process,
pursuant to this section shall not pay a fee to cover the costs related
to the conduct of such arbitration. (4) In claims where the employer has
failed to secure compensation to his employees as required by section
fifty of this chapter, the board may make an award for the value of
medical services, supplies or treatment rendered to such employees, in
accordance with the schedules of fees and charges prepared and
established under the provisions of this chapter. Such award shall be
made to the medical care provider or supplier entitled thereto. A
default in the payment of such award may be enforced in the manner
provided for the enforcement of compensation awards as set forth in
section twenty-six of this article.

In all cases coming under this subdivision the payment of the claim
for medical care or supplies shall be subordinate to that of the
claimant or his or her beneficiaries.