Bill Text: NY A02462 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-30 - tabled [A02462 Detail]
Download: New_York-2015-A02462-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2462--A R. R. 118 2015-2016 Regular Sessions IN ASSEMBLY January 16, 2015 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retain- ing its place on the special order of third reading AN ACT to amend the workers' compensation law and the education law, in relation to the care and treatment of injured employees by licensed or certified acupuncturists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The workers' compensation law is amended by adding a new 2 section 13-p to read as follows: 3 § 13-p. Care and treatment of injured employees by licensed or certi- 4 fied acupuncturists. 1. For purposes of this section, the term "acupunc- 5 turist" shall mean a person who is duly licensed and registered as a 6 licensed acupuncturist pursuant to article one hundred sixty of the 7 education law, or who is a certified acupuncturist pursuant to subdivi- 8 sion three of section eighty-two hundred sixteen of the education law; 9 and 10 2. (a) An injured employee, injured under circumstances which make 11 such an injury compensable under this article, may lawfully be treated 12 by an acupuncturist authorized by the chair to render acupuncture care 13 pursuant to this section. Such services shall be within the scope of the 14 profession of acupuncture as defined in subdivision one of section 15 eighty-two hundred eleven of the education law. Acupuncturists author- 16 ized by the chair to provide treatment pursuant to this section, shall 17 not be authorized to perform independent medical examinations. 18 (b) Medical bureaus, medical centers jointly operated by labor and 19 management representatives, hospitals and health maintenance organiza- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07466-04-6A. 2462--A 2 1 tions, authorized to provide medical care, may provide acupuncture 2 services when required, provided such care is rendered by an acupunctu- 3 rist as required by this section. 4 (c) An acupuncturist rendering service pursuant to this section shall 5 maintain records of the patient's condition and acupuncture treatment, 6 and such records or reports shall be submitted to the chair on such 7 forms and at such times as the chair may require. 8 3. (a) An acupuncturist who is desirous of being authorized to render 9 acupuncture services under this section shall file an application for 10 authorization under this section with the acupuncture practice commit- 11 tee. The applicant shall agree to refrain from subsequently treating for 12 remuneration, as a private patient, any person seeking acupuncture 13 services, in connection with, or as a result of, any injury compensable 14 under this chapter, if he or she has been removed from the list of 15 acupuncturists authorized to render services under this chapter. This 16 agreement shall run to the benefit of the injured person so treated, and 17 shall be available as a defense in any action by such acupuncturist for 18 payment for treatment rendered by such acupuncturist after being removed 19 from the list of acupuncturists authorized to render acupuncture 20 services under this section. The acupuncture practice committee if it 21 deems such acupuncturist duly qualified shall recommend to the chair 22 that such person be authorized to render acupuncture services under this 23 section. Such recommendations shall be only advisory to the chair and 24 shall not be binding or conclusive. 25 (b) The chair may prepare and establish a schedule for the state or 26 schedules limited to defined localities of charges and fees for acupunc- 27 ture treatment and care, to be determined in accordance with and be 28 subject to change pursuant to rules promulgated by the chair. Before 29 preparing such schedule for the state or schedules for limited locali- 30 ties the chair shall request the acupuncture practice committee to 31 submit to such chair a report on the amount of remuneration deemed by 32 such committee to be fair and adequate for the types of acupuncture 33 services to be rendered under this chapter, but consideration shall be 34 given to the view of other interested parties. The amounts payable by 35 the employer for such treatment and services shall be the fees and 36 charges established by such schedule. 37 (c) In determining the schedule or schedules as provided in paragraph 38 (b) of this subdivision, the chair shall make a distinction between 39 treatment rendered by a duly licensed and registered acupuncturist 40 subject to the provisions of article one hundred sixty of the education 41 law and a certified acupuncturist subject to the provisions of section 42 eighty-two hundred sixteen of the education law, and the chair shall 43 prepare and establish a schedule or schedules reflecting fees and charg- 44 es appropriate to the nature and scope of the treatment rendered by each 45 type of practitioner, giving due consideration to all relevant factors 46 including, but not limited to, the level of acupuncture education of the 47 practitioner, the type of treatment rendered, whether the acupuncture 48 treatment is being provided as the principal treatment or as an adjunct 49 treatment, and the billing practices entailed, including whether the 50 practitioner submits one comprehensive bill or bills separately for the 51 acupuncture treatment, office visits and other items. 52 4. No claim for acupuncture services shall be valid and enforceable as 53 against the employer or employees unless within forty-eight hours 54 following the first treatment the acupuncturist giving such care or 55 treatment furnishes to the employer and directly to the chair a prelimi- 56 nary notice of such injury and treatment, and within fifteen days there-A. 2462--A 3 1 after a more complete report and subsequent thereto progress reports as 2 requested in writing by the chair, board, employer or insurance carrier, 3 at intervals of not less than three weeks apart or at less frequent 4 intervals if requested on forms prescribed by the chair. The board may 5 excuse the failure to give such notices within the designated periods 6 when it finds it to be in the interest of justice to do so. 7 5. Fees for acupuncture services shall be payable only to a duly 8 licensed or certified acupuncturist pursuant to article one hundred 9 sixty of the education law, or to the agent, executor or administrator 10 of the estate of such acupuncturist. No acupuncturist rendering treat- 11 ment to a compensation claimant shall collect or receive a fee from such 12 claimant within this state, but shall have recourse for payment of 13 services rendered only to the employer under the provisions of this 14 section. 15 6. Whenever his or her attendance at a hearing is required, the 16 acupuncturist of the injured employee shall be entitled to receive a fee 17 from the employer in an amount to be fixed by the board, in addition to 18 any fee payable under section eight thousand one of the civil practice 19 law and rules. 20 7. (a) Unless within thirty days after a bill has been rendered to the 21 employer by the acupuncturist who has treated an injured employee, such 22 employer shall have notified the chair and such acupuncturist in writing 23 that such employer demands an impartial examination of the fairness of 24 the amount claimed by such acupuncturist for his or her services, the 25 right to such an impartial examination shall be deemed to be waived and 26 the amount claimed by such acupuncturist shall be deemed to be the fair 27 value of the services rendered. If the parties fail to agree as to the 28 acupuncture care rendered under this chapter to a claimant, such value 29 shall be decided by the acupuncture practice committee and the majority 30 decision of such committee shall be conclusive upon the parties as to 31 the value of the services rendered. The board may make an award for any 32 such bill or part thereof which remains unpaid in the same manner as an 33 award for bills rendered under subdivisions one and three of section 34 thirteen-g of this article, and such award may be collected in like 35 manner as an award of compensation. The chair shall assess the sum of 36 fifty dollars against the employer for each such award made by the 37 board, which sum shall be paid into the state treasury. 38 (b) Where an acupuncturist's bill has been determined to be due and 39 owing in accordance with the provisions of this section, the board may 40 impose a penalty of not more than one and one-half percent interest per 41 month payable to the acupuncturist in accordance with the rules and 42 regulations promulgated by the board. 43 (c) The parties to such proceeding shall each pay to the chair a sum 44 equal to five per centum of the amount payable under the decision of 45 such committee or a minimum of five dollars, whichever is greater. The 46 sums so collected shall be transferred to the state treasury to reim- 47 burse it on account of the expense of administering this section. 48 8. Within the limits prescribed by the education law for acupuncture 49 services, the report or testimony of an authorized acupuncturist 50 concerning the condition of an injured employee and treatment thereof 51 shall be deemed competent evidence and the professional opinion of the 52 acupuncturist as to causal relation and as to required treatment shall 53 be deemed competent but shall not be controlling. Nothing in this 54 section shall be deemed to deprive any employer or insurance carrier of 55 any right to a medical examination or presentation of medical testimony 56 now conferred by law.A. 2462--A 4 1 9. The chair shall promulgate rules governing the procedure to be 2 followed by those rendering acupuncture services under this section, 3 which rules so far as practicable shall conform to the rules presently 4 in effect with reference to medical care furnished to claimants in work- 5 ers' compensation. In connection with the promulgation of such rules the 6 chair may consult the acupuncture practice committee and may take into 7 consideration the view of other interested parties. 8 10. The chair shall appoint for and with jurisdiction in the entire 9 state of New York a single acupuncture practice committee composed of 10 two licensed acupuncturists, and one duly licensed physician of the 11 state of New York. Each member of such committee shall receive compen- 12 sation either on an annual basis or on a per diem basis to be fixed by 13 the chair within amounts appropriated therefor. One of such licensed 14 acupuncturists shall be designated by the chair as a chair of such 15 acupuncture practice committee. No member of such committee shall render 16 acupuncture services under this section nor be an employer or accept or 17 participate in any fee from any insurance company authorized to write 18 workers' compensation insurance in this state or from any self-insurer, 19 whether such employment or fee relates to a workers' compensation claim 20 or otherwise. The attorney general, upon request, shall advise and 21 assist such committee. 22 11. The acupuncture practice committee shall investigate, hear and 23 make findings with respect to all charges as to professional or other 24 misconduct of any authorized acupuncturists as provided in this section 25 under rules and procedures to be prescribed by the chair and shall 26 report evidence of such misconduct, with their findings and recommenda- 27 tions with respect thereto, to the chair. The findings, decision and 28 recommendation of such acupuncture practice committee shall be advisory 29 to the chair only, and shall not be binding or conclusive upon him or 30 her. The chair shall remove from the list of acupuncturists authorized 31 to render acupuncture services under this chapter the name of any 32 acupuncturist who he or she shall find after reasonable investigation is 33 disqualified because such acupuncturist: 34 (a) has been guilty of professional or other misconduct or incompeten- 35 cy in connection with the rendering of acupuncture services, 36 (b) has exceeded the limits of his or her professional competence in 37 rendering acupuncture services under the law, or has made false state- 38 ments regarding qualifications in the application for authorization, 39 (c) has failed to submit timely, full and truthful acupuncture evalu- 40 ation and treatment reports of all findings to the employer and directly 41 to the chair of the board within the time limits provided in this 42 section, 43 (d) has rendered acupuncture services under this chapter for a fee 44 less than that fixed in the fee schedule, 45 (e) has solicited or has employed another to solicit for himself or 46 herself or for another professional treatment, examination or care of an 47 injured employee with any claim under this chapter, 48 (f) has refused to appear before or answer upon request of the chair, 49 board, acupuncture practice committee or any duly authorized officer of 50 the state, any legal question or produce any relevant book or paper 51 concerning conduct under an authorization granted under law, or 52 (g) has directly or indirectly requested, received or participated in 53 the division, transference, assignment, rebating, splitting or refunding 54 of a fee for, or has directly or indirectly requested, received or prof- 55 ited by means of a credit or otherwise valuable consideration as aA. 2462--A 5 1 commission, discount or gratuity in connection with the treatment of a 2 workers' compensation claimant. 3 12. Any person who violates or attempts to violate, and any person who 4 aids another to violate or attempts to induce him or her to violate the 5 provisions of paragraph (g) of subdivision eleven of this section shall 6 be guilty of a misdemeanor. 7 13. Nothing in this section shall be construed as limiting in any 8 respect the power or duty of the chair to investigate instances of 9 misconduct, either before or after investigation by the acupuncture 10 practice committee, or to temporarily suspend the authorization of any 11 acupuncturist believed to be guilty of such misconduct. The provisions 12 of subdivision one of section thirteen-d of this article which are not 13 inconsistent with the provisions of this section shall be applicable as 14 if fully set forth in this section. 15 14. Nothing contained in this section shall prohibit acupuncturists 16 who practice as partners, in groups or as a professional corporation 17 from pooling fees and moneys received, either by the partnership, 18 professional corporation or group or by the individual members thereof, 19 for professional services furnished by any individual professional 20 member, or employee of such partnership, corporation or group, nor shall 21 the professionals constituting the partnerships, corporations, or groups 22 be prohibited from sharing, dividing or apportioning the fees and moneys 23 received by them or by the partnership, corporation or group in accord- 24 ance with a partnership or other agreement. 25 § 2. Subdivision 1 of section 8213 of the education law, as added by 26 chapter 772 of the laws of 1990, is amended to read as follows: 27 (1) There is hereby established within the department a state board 28 for acupuncture. The board shall consist of not less than eleven members 29 to be appointed by the board of regents on the recommendation of the 30 commissioner for the purpose of assisting the board of regents and the 31 department on matters of professional licensing and professional conduct 32 in accordance with section sixty-five hundred eight of this [chapter] 33 title, four of whom shall be licensed acupuncturists, four of whom shall 34 be licensed physicians certified to use acupuncture and three of whom 35 shall be public members representing the consumer and community. Of the 36 acupuncturists first appointed to the board, one may be a registered 37 specialist's assistant-acupuncture provided that the term of such regis- 38 tered specialist's assistant-acupuncture shall not be more than four 39 years. Of the members first appointed, three shall be appointed for a 40 one year term, three shall be appointed for a two year term and three 41 shall be appointed for a three year term, and two shall be appointed for 42 a four year term. Thereafter all members shall serve for five year 43 terms. In the event that more than eleven members are appointed, a 44 majority of the additional members shall be licensed acupuncturists. The 45 members of the board shall select one of themselves as [chairman] chair- 46 person to serve for a one year term. 47 § 3. The second undesignated paragraph of subdivision 2 of section 2 48 of the workers' compensation law, as amended by chapter 113 of the laws 49 of 1946, is amended to read as follows: 50 "Chairman" or "chair" means the [chairman] chairperson of the [work-51men's] workers' compensation board of the state of New York; 52 § 4. This act shall take effect immediately.
