Bill Text: NY A00246 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the establishment of rates of payment and delivery of health care services; directs the chair of the workers' compensation board to biennially prepare and establish a schedule of fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to labor [A00246 Detail]
Download: New_York-2023-A00246-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 246 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ 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: 1 Section 1. The closing paragraph of subdivision (a) of section 13 of 2 the workers' compensation law, as amended by chapter 6 of the laws of 3 2007, is amended to read as follows: 4 The chair, in consultation with the board's medical director, shall 5 biennially prepare and establish a schedule for the state, or schedules 6 limited to defined localities, of charges and fees for such medical 7 treatment and care, and including all medical, dental, surgical, optome- 8 tric or other attendance or treatment, nurse and hospital service, medi- 9 cine, optometric services, crutches, eye-glasses, false teeth, artifi- 10 cial eyes, orthotics, prosthetic devices, functional assistive and 11 adaptive devices and apparatus in accordance with and to be subject to 12 change pursuant to rules promulgated by the chair. Before preparing such 13 schedule for the state or schedules for limited localities the chair 14 shall request the president of the medical society of the state of New 15 York and the president of the New York state osteopathic medical society 16 to submit to him or her a report on the amount of remuneration deemed by 17 such society to be fair and adequate for the types of medical care to be 18 rendered under this chapter, but consideration shall be given to the 19 view of other interested parties. In the case of physical therapy fees 20 schedules the chair shall request the president of [a recognized profes-21sional association representing physical therapists in the state of New22York] the New York physical therapy association to submit to him or her 23 a report on the amount of remuneration deemed by such association to be 24 fair and reasonable for the type of physical therapy services rendered EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00270-01-3A. 246 2 1 under this chapter, but consideration shall be given to the views of 2 other interested parties. The chair shall also prepare and establish a 3 schedule for the state, or schedules limited to defined localities, of 4 charges and fees for outpatient hospital services not covered under the 5 medical fee schedule previously referred to in this subdivision, to be 6 determined in accordance with and to be subject to change pursuant to 7 rules promulgated by the chair. Before preparing such schedule for the 8 state or schedules for limited localities the chair shall request the 9 president of the hospital association of New York state to submit to him 10 or her a report on the amount of remuneration deemed by such association 11 to be fair and adequate for the types of hospital outpatient care to be 12 rendered under this chapter, but consideration shall be given to the 13 views of other interested parties. In the case of occupational therapy 14 fees schedules the chair shall request the president of a recognized 15 professional association representing occupational therapists in the 16 state of New York to submit to him or her a report on the amount of 17 remuneration deemed by such association to be fair and reasonable for 18 the type of occupational therapy services rendered under this chapter, 19 but consideration shall be given to the views of other interested 20 parties. The amounts payable by the employer for such treatment and 21 services shall be the fees and charges established by such schedule. 22 Nothing in this schedule, however, shall prevent voluntary payment of 23 amounts higher or lower than the fees and charges fixed therein, but no 24 physician rendering medical treatment or care, and no physical or occu- 25 pational therapist rendering their respective physical or occupational 26 therapy services may receive payment in any higher amount unless such 27 increased amount has been authorized by the employer, or by decision as 28 provided in section thirteen-g of this article. Nothing in this section 29 shall be construed as preventing the employment of a duly authorized 30 physician on a salary basis by an authorized compensation medical bureau 31 or laboratory. 32 § 2. Subdivision 2 of section 13-k of the workers' compensation law, 33 as amended by section 4 of part CC of chapter 55 of the laws of 2019, is 34 amended to read as follows: 35 2. An employee injured under circumstances which make such injury 36 compensable under this article, when care is required for an injury to 37 the foot which injury or resultant condition therefrom may lawfully be 38 treated by a duly registered and licensed podiatrist of the state of New 39 York, may select to treat him or her any podiatrist authorized by the 40 chair to render podiatric medical care, as hereinafter provided. If the 41 injury or condition is one which is without the limits prescribed by the 42 education law for podiatric medical care and treatment, or the injuries 43 involved affect other parts of the body in addition to the foot, the 44 said podiatrist must so advise the said injured employee and instruct 45 him or her to consult a physician of said employee's choice for appro- 46 priate care and treatment. Such physician shall thenceforth have overall 47 supervision of the treatment of said patient including the future treat- 48 ment to be administered to the patient by the podiatrist. If for any 49 reason during the period when podiatric medical treatment and care is 50 required, the employee wishes to transfer his or her treatment and care 51 to another authorized podiatrist he or she may do so, in accordance with 52 rules prescribed by the chair, provided however that the employer shall 53 be liable for the proper fees of the original podiatrist for the care 54 and treatment he or she shall have rendered. The chair, in consultation 55 with the board's medical director, shall biennially prepare and estab- 56 lish a schedule for the state, or schedules limited to defined locali-A. 246 3 1 ties, of charges and fees for podiatric medical treatment and care, to 2 be determined in accordance with and to be subject to change pursuant to 3 rules promulgated by the chair. Before preparing such schedule for the 4 state or schedules for limited localities the chair shall request the 5 podiatric medicine practice committee to submit to him or her a report 6 on the amount of remuneration deemed by such committee to be fair and 7 adequate for the types of podiatric medical care to be rendered under 8 this chapter, but consideration shall be given to the view of other 9 interested parties. The amounts payable by the employer for such treat- 10 ment and services shall be the fees and charges established by such 11 schedule. 12 § 3. Subdivision 2 of section 13-l of the workers' compensation law, 13 as amended by section 5 of part CC of chapter 55 of the laws of 2019, is 14 amended to read as follows: 15 2. An employee injured under circumstances which make such injury 16 compensable under this article, when care is required for an injury 17 which consists solely of a condition which may lawfully be treated by a 18 chiropractor as defined in section sixty-five hundred fifty-one of the 19 education law may select to treat him or her, any duly registered and 20 licensed chiropractor of the state of New York, authorized by the chair 21 to render chiropractic care as hereinafter provided. If the injury or 22 condition is one which is outside the limits prescribed by the education 23 law for chiropractic care and treatment, the said chiropractor must so 24 advise the said injured employee and instruct him or her to consult a 25 physician of said employee's choice for appropriate care and treatment. 26 Such physician shall thenceforth have supervision of the treatment of 27 said condition including the future treatment to be administered to the 28 patient by the chiropractor. The chair, in consultation with the board's 29 medical director, shall biennially prepare and establish a schedule for 30 the state, or schedules limited to defined localities of charges and 31 fees for chiropractic treatment and care, to be determined in accordance 32 with and to be subject to change pursuant to rules promulgated by the 33 chair. Before preparing such schedule for the state or schedules for 34 limited localities the chair shall request the chiropractic practice 35 committee to submit to him or her a report on the amount of remuneration 36 deemed by such committee to be fair and adequate for the types of 37 chiropractic care to be rendered under this chapter, but consideration 38 shall be given to the view of other interested parties, the amounts 39 payable by the employer for such treatment and services shall be the 40 fees and charges established by such schedule. 41 § 4. Subdivision 3 of section 13-m of the workers' compensation law, 42 as amended by section 6 of part CC of chapter 55 of the laws of 2019, is 43 amended to read as follows: 44 3. The chair, in consultation with the board's medical director, shall 45 biennially prepare and establish a schedule for the state or schedules 46 limited to defined localities of charges and fees for psychological 47 treatment and care, to be determined in accordance with and be subject 48 to change pursuant to rules promulgated by the chair. Before preparing 49 such schedule for the state or schedules for limited localities the 50 chair shall request the psychology practice committee to submit to such 51 chair a report on the amount of remuneration deemed by such committee to 52 be fair and adequate for the types of psychological care to be rendered 53 under this chapter, but consideration shall be given to the view of 54 other interested parties. The amounts payable by the employer for such 55 treatment and services shall be the fees and charges established by such 56 schedule.A. 246 4 1 § 5. Notwithstanding the provisions of section one of this act or of 2 any other law, rule or regulation to the contrary, a revision to the fee 3 schedules established pursuant to sections 13, 13-k, 13-l and 13-m of 4 the workers' compensation law existing as of the effective date of this 5 act shall be published by the chair of the workers' compensation board 6 on behalf of such board no later than one year following the effective 7 date of this act. Subsequent biennial schedules shall be published in 8 final form on January fifteenth every other year. Nothing in this 9 section shall limit the authority of the chair of the workers' compen- 10 sation board to make adjustments in the fee schedule other than at the 11 biennial publication. 12 § 6. This act shall take effect immediately.
