Bill Text: NY A05299 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2014-12-17 - tabled [A05299 Detail]
Download: New_York-2013-A05299-Amended.html
Bill Title: Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2014-12-17 - tabled [A05299 Detail]
Download: New_York-2013-A05299-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5299--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 22, 2013
___________
Introduced by M. of A. PRETLOW, BRONSON -- read once and referred to the
Committee on Labor -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to the care
and treatment of injured employees by certain licensed clinical social
workers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "injured workers assistance act".
3 S 2. The workers' compensation law is amended by adding a new section
4 13-p to read as follows:
5 S 13-P. CARE AND TREATMENT OF INJURED EMPLOYEES BY CERTAIN LICENSED
6 CLINICAL SOCIAL WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL WORKER" IS
7 USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
8 AND REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO ARTICLE
9 ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
10 2. (A) AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES WHICH MAKE
11 SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
12 UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, BY A LICENSED CLINICAL
13 SOCIAL WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE PURSU-
14 ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
15 CLINICAL SOCIAL WORK AS DEFINED IN SUBDIVISION TWO OF SECTION
16 SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
17 (B) MEDICAL BUREAUS, MEDICAL CENTERS JOINTLY OPERATED BY LABOR AND
18 MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH MAINTENANCE ORGANIZA-
19 TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
20 OF THIS ARTICLE, MAY PROVIDE CLINICAL SOCIAL WORK SERVICES WHEN
21 REQUIRED, UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN, PROVIDED SUCH
22 CARE IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED CLINICAL
23 SOCIAL WORKER AS REQUIRED BY THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06715-02-3
A. 5299--A 2
1 (C) A LICENSED CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
2 THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
3 ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
4 TED TO THE CHAIR ON SUCH FORMS AND AT SUCH TIMES AS THE CHAIR MAY
5 REQUIRE.
6 3. A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
7 IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION SHALL
8 FILE AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
9 ICAL SOCIAL WORK PRACTICE COMMITTEE. THE APPLICANT SHALL AGREE TO
10 REFRAIN FROM SUBSEQUENTLY TREATING FOR REMUNERATION, AS A PRIVATE
11 PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, IN CONNECTION
12 WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE UNDER THIS CHAPTER, IF
13 HE OR SHE HAS BEEN REMOVED FROM THE LIST OF CLINICAL SOCIAL WORKERS
14 AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS AGREEMENT SHALL
15 RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
16 ABLE AS A DEFENSE IN ANY ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
17 PAYMENT FOR TREATMENT RENDERED BY SUCH CLINICAL SOCIAL WORKER AFTER
18 BEING REMOVED FROM THE LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
19 RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION. THE CLINICAL
20 SOCIAL WORK PRACTICE COMMITTEE, IF IT DEEMS SUCH LICENSED CLINICAL
21 SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO THE CHAIR THAT SUCH
22 PERSON BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
23 SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR AND
24 SHALL NOT BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
25 LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
26 OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK TREATMENT AND CARE, TO BE
27 DETERMINED IN ACCORDANCE WITH AND BE SUBJECT TO CHANGE PURSUANT TO RULES
28 PROMULGATED BY THE CHAIR. BEFORE PREPARING SUCH SCHEDULE FOR THE STATE
29 OR SCHEDULES FOR LIMITED LOCALITIES THE CHAIR SHALL REQUEST THE CLINICAL
30 SOCIAL WORK PRACTICE COMMITTEE TO SUBMIT TO SUCH CHAIR A REPORT ON THE
31 AMOUNT OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
32 FOR THE TYPES OF CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
33 CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW OF OTHER INTER-
34 ESTED PARTIES. THE AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
35 AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
36 4. NO CLAIM FOR CLINICAL SOCIAL WORK SERVICES SHALL BE VALID AND
37 ENFORCEABLE AS AGAINST THE EMPLOYER OR EMPLOYEES UNLESS WITHIN
38 FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT THE CLINICAL SOCIAL
39 WORKER GIVING SUCH CARE OR TREATMENT FURNISHES TO THE EMPLOYER AND
40 DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
41 AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
42 THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY THE CHAIR, BOARD,
43 EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
44 APART OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
45 THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN
46 THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
47 TO DO SO.
48 5. FEES FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
49 DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE HUNDRED
50 FIFTY-FOUR OF THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
51 TRATOR OF THE ESTATE OF SUCH LICENSED CLINICAL SOCIAL WORKER. NO
52 LICENSED CLINICAL SOCIAL WORKER RENDERING TREATMENT TO A COMPENSATION
53 CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT WITHIN THIS
54 STATE, BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
55 THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
A. 5299--A 3
1 6. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE
2 LICENSED CLINICAL SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL BE ENTI-
3 TLED TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE
4 BOARD, IN ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE
5 OF THE CIVIL PRACTICE LAW AND RULES.
6 7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
7 EMPLOYER BY THE LICENSED CLINICAL SOCIAL WORKER WHO HAS TREATED AN
8 INJURED EMPLOYEE, SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH
9 CLINICAL SOCIAL WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPAR-
10 TIAL EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH CLINICAL
11 SOCIAL WORKER FOR HIS OR HER SERVICES, THE RIGHT TO SUCH AN IMPARTIAL
12 EXAMINATION SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY SUCH
13 CLINICAL SOCIAL WORKER SHALL BE DEEMED TO BE THE FAIR VALUE OF THE
14 SERVICES RENDERED. IF THE PARTIES FAIL TO AGREE AS TO THE SOCIAL WORK
15 CARE RENDERED UNDER THIS CHAPTER TO A CLAIMANT, SUCH VALUE SHALL BE
16 DECIDED BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY DECISION
17 OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE
18 OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH BILL
19 OR PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD FOR
20 BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
21 THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
22 OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
23 THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM SHALL BE
24 PAID INTO THE STATE TREASURY.
25 (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
26 TO BE DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
27 THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
28 INTEREST PER MONTH PAYABLE TO THE LICENSED CLINICAL SOCIAL WORKER IN
29 ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
30 (C) THE PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
31 EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE UNDER THE DECISION OF
32 SUCH COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
33 SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE TREASURY TO REIM-
34 BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
35 8. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR LICENSED
36 CLINICAL SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
37 CLINICAL SOCIAL WORKER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE
38 AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
39 SIONAL OPINION OF THE LICENSED CLINICAL SOCIAL WORKER AS TO CAUSAL
40 RELATION AND AS TO REQUIRED TREATMENT SHALL BE DEEMED COMPETENT BUT
41 SHALL NOT BE CONTROLLING. NOTHING IN THIS SECTION SHALL BE DEEMED TO
42 DEPRIVE ANY EMPLOYER OR INSURANCE CARRIER OF ANY RIGHT TO A MEDICAL
43 EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
44 9. THE CHAIR SHALL PROMULGATE RULES GOVERNING THE PROCEDURE TO BE
45 FOLLOWED BY THOSE RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THIS
46 SECTION, WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES
47 PRESENTLY IN EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIM-
48 ANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH THE PROMULGATION OF
49 SUCH RULES THE CHAIR MAY CONSULT THE CLINICAL SOCIAL WORK PRACTICE
50 COMMITTEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
51 PARTIES.
52 10. THE CHAIR SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
53 STATE OF NEW YORK A SINGLE CLINICAL SOCIAL WORK PRACTICE COMMITTEE
54 COMPOSED OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED
55 PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL
56 RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
A. 5299--A 4
1 BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
2 LICENSED CLINICAL SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS A
3 CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
4 COMMITTEE SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS SECTION
5 NOR BE AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSUR-
6 ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
7 STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR FEE RELATES
8 TO A WORKERS' COMPENSATION CLAIM OR OTHERWISE. THE ATTORNEY GENERAL,
9 UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
10 11. THE CLINICAL SOCIAL WORK PRACTICE COMMITTEE SHALL INVESTIGATE,
11 HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
12 OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
13 THIS SECTION UNDER RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR
14 AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND
15 RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS, DECI-
16 SION AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE
17 SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
18 SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF LICENSED
19 CLINICAL SOCIAL WORKERS AUTHORIZED TO RENDER CLINICAL SOCIAL WORK
20 SERVICES UNDER THIS CHAPTER THE NAME OF ANY CLINICAL SOCIAL WORKER WHO
21 HE OR SHE SHALL FIND AFTER REASONABLE INVESTIGATION IS DISQUALIFIED
22 BECAUSE SUCH CLINICAL SOCIAL WORKER:
23 (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
24 CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
25 (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
26 RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
27 STATEMENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORI-
28 ZATION,
29 (C) HAS FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL CLINICAL SOCIAL
30 WORK EVALUATION AND TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER
31 AND DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED
32 IN THIS SECTION,
33 (D) HAS RENDERED CLINICAL SOCIAL WORKER SERVICES UNDER THIS CHAPTER
34 FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
35 (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT FOR
36 HIMSELF/HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
37 CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
38 (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
39 BOARD, CLINICAL SOCIAL WORK PRACTICE COMMITTEE OR ANY DULY AUTHORIZED
40 OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
41 PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
42 (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
43 THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
44 OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
45 ITED BY MEANS OF A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A
46 COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT OF A
47 WORKERS' COMPENSATION CLAIMANT.
48 12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
49 AIDS ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
50 PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION SHALL
51 BE GUILTY OF A MISDEMEANOR.
52 13. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING IN ANY
53 RESPECT THE POWER OR DUTY OF THE CHAIR TO INVESTIGATE INSTANCES OF
54 MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL
55 WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION OF
56 ANY LICENSED CLINICAL SOCIAL WORKER BELIEVED TO BE GUILTY OF SUCH
A. 5299--A 5
1 MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF
2 THIS ARTICLE WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS
3 SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
4 14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT CLINICAL SOCIAL
5 WORKERS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
6 RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
7 PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
8 FOR PROFESSIONAL SERVICES FURNISHED BY ANY INDIVIDUAL PROFESSIONAL
9 MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
10 THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
11 BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
12 RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
13 ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
14 S 3. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment and/or repeal of any rules and regulations necessary to implement
17 the provisions of this act on its effective date are authorized to be
18 made on or before such effective date.
