§ 137. Independent medical examinations. 1. (a) A copy of each report
of independent medical examination shall be submitted by the
practitioner on the same day and in the same manner to the board, the
insurance carrier, the claimant's attending physician or other attending
practitioner, the claimant's representative and the claimant.

(b) If a practitioner who has performed or will be performing an
independent medical examination of a claimant receives a request for
information regarding the claimant, including faxed or electronically
transmitted requests, the practitioner shall submit a copy of the
request for information to the board within ten days of receipt of the
request. Nothing in this subdivision shall be construed to abrogate the
attorney-client privilege.

(c) Copies of all responses to such requests for information as are
described in paragraph (b) of this subdivision, including all materials
which are provided in response to such a request, shall be submitted by
the responding practitioner to the board within ten days of submission
of the response to the requestor. Nothing in this subdivision shall be
construed to abrogate the attorney-client privilege.

2. In any open case where an award has been directed by the board for
temporary or permanent disability at an established rate of compensation
and there is a direction by the board for continuation of payments, or
any closed case where an award for compensation has been made for
permanent total or permanent partial disability, a report of an
independent medical examination shall not be the basis for suspending or
reducing payments unless and until the rules and regulations of the
board regarding suspending or reducing payments have been met and there
is a determination by the board finding that such suspension or
reduction is justified.

3. (a) Only a New York state licensed and board certified physician,
surgeon, podiatrist or any other person authorized to examine or
evaluate injury or illness by the board shall perform such independent
medical examination. Where a claimant resides out of state a
practitioner qualified to examine or evaluate injury or illness by the
board shall perform such independent medical examination.

(b) Any practitioner performing the independent medical examinations
shall be paid according to the fee schedule established pursuant to
section thirteen of this chapter.

4. All independent medical examinations shall be performed in medical
facilities suitable for such exam, with due regard and respect for the
privacy and dignity of the injured worker as well as the access and
safety of the claimant. Such facilities must be provided in a convenient
and accessible location within a reasonable distance from the claimant's
residence.

5. All independent medical examinations shall be performed by a
practitioner competent to evaluate or examine the injury or disease from
which the injured worker suffers. Such examination shall be performed by
a practitioner who is licensed and board certified in the state of New
York or any other person authorized to examine or evaluate injury or
illness by the board.

6. No practitioner examining or evaluating a claimant under this
chapter nor any supervising authority or proprietor nor insurance
carrier or employer may cause, direct or encourage a report to be
submitted as evidence in workers' compensation claim adjudication which
differs substantially from the professional opinion of the examining
practitioner. Such an action shall be considered within the jurisdiction
of the workers' compensation fraud inspector general and may be referred
as a fraudulent practice.

7. The claimant shall receive notice by mail of the scheduled
independent medical examination at least seven business days prior to
such examination. Such notice shall advise the claimant if the
practitioner intends to record or video tape the examination, and shall
advise the claimant of their right to video tape or otherwise record the
examination. Claimants shall be advised of their right to be accompanied
during the exam by an individual or individuals of their choosing.

8. Independent medical examinations shall be performed during regular
business hours except with the consent and for the convenience of the
claimant. Claimants subject to such examination shall be notified at the
time of the exam in writing of the available travel reimbursement under
law.

9. A practitioner is not eligible to perform an independent medical
examination of a claimant if the practitioner has treated or examined
the claimant for the condition for which the independent medical
examination is being requested or if another member of a preferred
provider organization or managed care provider to which the practitioner
belongs has treated or examined the claimant for the condition for which
the independent medical examination is being requested.

10. The ability of a claimant to appear for an exam or hearing shall
not be dispositive in the determination of disability, extent of
disability or eligibility for benefits.

11. At the time of the independent medical examination the claimant
shall receive a notice from the entity performing the independent
medical examination, on a form which shall be approved and promulgated
by the chair, stating the rights and obligations of the claimant and the
practitioner with respect to such exam, and such notice shall include
but not be limited to a statement that the claimant's receipt of
benefits could be denied, terminated, or reduced as a result of a
determination which may be based upon the medical evaluation made after
such independent medical examination, and the claimant's rights to
challenge or appeal such a determination.

12. The chair shall conduct a thorough study of the utilization of
independent medical examinations under this chapter, to occur within
calendar year two thousand eighteen, and shall convene and present a
preliminary report based on the study to an advisory committee set to
commence on or about January first, two thousand nineteen. The advisory
committee is to consist of representatives of organized labor, business,
carriers, self-insured employers, medical providers, and other
stakeholders and experts as the chair may deem fit to include. The
advisory committee shall meet quarterly, or more frequently if directed
by the chair. By December thirty-first, two thousand nineteen, the
committee shall present detailed recommendations to the governor,
speaker of the assembly, and majority leader of the senate, regarding
administrative improvements, and regulatory and statutory proposals,
that will ensure fairness, and highest medical quality, while improving
methods of combatting fraud. The committee shall review and analyze
leading studies, both in New York state and nationally. The compensation
insurance rating board shall provide data, and cooperate with the chair
and committee in identifying potential abuse and fraud. The report shall
consider, among other items, the feasibility of new methods of assigning
independent medical examinations, such as through rotating providers or
panels, statewide networks, or other arrangements.