Bill Text: NY A03704 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the workers' compensation law, in relation to authorizing as a pilot program certified nurse practitioners to provide certain care and treatment to injured employees; and providing for the repeal of such provisions upon expiration thereof

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A03704 Detail]

Download: New_York-2009-A03704-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3704
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced by M. of A. JOHN, GOTTFRIED, GUNTHER -- Multi-Sponsored by --
         M.  of A.  ENGLEBRIGHT, KOON, LIFTON, PAULIN -- read once and referred
         to the Committee on Labor
       AN ACT to amend the workers' compensation law, in relation to  authoriz-
         ing  as  a  pilot  program  certified  nurse  practitioners to provide
         certain care and treatment to injured employees; and providing for the
         repeal of such provisions upon expiration thereof
         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    S 13-P. CARE AND TREATMENT OF  INJURED  EMPLOYEES  BY  DULY  CERTIFIED
    4  NURSE  PRACTITIONERS. 1. AN INJURED EMPLOYEE INJURED UNDER CIRCUMSTANCES
    5  WHICH MAKE SUCH INJURY COMPENSABLE UNDER  THIS  ARTICLE,  WHEN  CARE  IS
    6  REQUIRED  FOR  AN  INJURY WHICH CONSISTS SOLELY OF A CONDITION WHICH MAY
    7  LAWFULLY BE TREATED BY A NURSE PRACTITIONER IN ACCORDANCE  WITH  SECTION
    8  SIXTY-NINE  HUNDRED  TWO OF THE EDUCATION LAW MAY SELECT TO TREAT HIM OR
    9  HER, ANY DULY REGISTERED, LICENSED AND CERTIFIED NURSE  PRACTITIONER  OF
   10  THE  STATE  OF NEW YORK, AUTHORIZED BY THE CHAIR TO RENDER NURSE PRACTI-
   11  TIONER CARE AS PROVIDED IN THIS SECTION. IF THE INJURY OR  CONDITION  IS
   12  ONE  WHICH  IS  OUTSIDE  THE  LIMITS PRESCRIBED BY THE EDUCATION LAW FOR
   13  TREATMENT OR CARE BY SUCH NURSE PRACTITIONER,  SUCH  NURSE  PRACTITIONER
   14  SHALL  SO  ADVISE  THE  INJURED EMPLOYEE. A NURSE PRACTITIONER CERTIFIED
   15  PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, WHO  IS
   16  DESIROUS  OF  BEING  AUTHORIZED  TO RENDER NURSE PRACTITIONER CARE UNDER
   17  THIS SECTION SHALL FILE AN  APPLICATION  FOR  AUTHORIZATION  UNDER  THIS
   18  SECTION  WITH  THE NURSE PRACTITIONER COMMITTEE.  IN SUCH APPLICATION HE
   19  OR SHE SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREATING  FOR  REMUNERA-
   20  TION, AS A PRIVATE PATIENT, ANY PERSON SEEKING TREATMENT FROM SUCH NURSE
   21  PRACTITIONER IN CONNECTION WITH, OR AS A RESULT OF, ANY INJURY COMPENSA-
   22  BLE  UNDER  THIS CHAPTER, IF HE OR SHE HAS BEEN REMOVED FROM THE LIST OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03859-01-9
       A. 3704                             2
    1  NURSE PRACTITIONERS AUTHORIZED TO RENDER NURSE PRACTITIONER  CARE  UNDER
    2  THIS  CHAPTER,  OR  IF THE PERSON SEEKING SUCH TREATMENT HAS BEEN TRANS-
    3  FERRED FROM HIS OR HER CARE IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
    4  SECTION,  WHICH AGREEMENT SHALL RUN TO THE BENEFIT OF THE INJURED PERSON
    5  SO TREATED AND SHALL BE AVAILABLE TO HIM OR HER  AS  A  DEFENSE  IN  ANY
    6  ACTION  BY  SUCH  NURSE  PRACTITIONER  FOR PAYMENT FOR CARE OR TREATMENT
    7  RENDERED BY A NURSE PRACTITIONER AFTER HE OR SHE HAS BEEN  REMOVED  FROM
    8  THE  LIST OF NURSE PRACTITIONERS AUTHORIZED TO RENDER NURSE PRACTITIONER
    9  CARE UNDER THIS SECTION, OR AFTER THE  INJURED  PERSON  WAS  TRANSFERRED
   10  FROM  HIS OR HER CARE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   11  THE NURSE PRACTITIONER COMMITTEE IF IT  DEEMS  SUCH  NURSE  PRACTITIONER
   12  DULY QUALIFIED SHALL RECOMMEND TO THE CHAIR THAT SUCH NURSE PRACTITIONER
   13  BE AUTHORIZED TO RENDER NURSE PRACTITIONER CARE UNDER THIS SECTION. SUCH
   14  RECOMMENDATIONS  SHALL  BE  ADVISORY  TO THE CHAIR ONLY AND SHALL NOT BE
   15  BINDING OR CONCLUSIVE UPON HIM OR  HER.  THE  CHAIR  SHALL  PREPARE  AND
   16  ESTABLISH  A  SCHEDULE  FOR  THE  STATE, OR SCHEDULES LIMITED TO DEFINED
   17  LOCALITIES, OF CHARGES AND FEES FOR  NURSE  PRACTITIONER  TREATMENT  AND
   18  CARE  DELIVERED  BY A TREATING NURSE PRACTITIONER UNDER THIS SECTION, TO
   19  BE DETERMINED IN ACCORDANCE WITH AND TO BE SUBJECT TO CHANGE PURSUANT TO
   20  RULES PROMULGATED BY THE CHAIR. BEFORE PREPARING SUCH SCHEDULE  FOR  THE
   21  STATE  OR  SCHEDULES FOR LIMITED LOCALITIES, THE CHAIR SHALL REQUEST THE
   22  NURSE PRACTITIONER COMMITTEE TO SUBMIT TO HIM OR HER  A  REPORT  ON  THE
   23  AMOUNT  OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
   24  FOR THE TYPES OF NURSE PRACTITIONER CARE AND TREATMENT  TO  BE  RENDERED
   25  UNDER  THIS  SECTION,  BUT  CONSIDERATION  SHALL BE GIVEN TO THE VIEW OF
   26  OTHER INTERESTED PARTIES, THE AMOUNTS PAYABLE BY THE EMPLOYER  FOR  SUCH
   27  TREATMENT AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH
   28  SCHEDULE.
   29    2.  NO CLAIM FOR NURSE PRACTITIONER TREATMENT OR CARE MADE PURSUANT TO
   30  THIS SECTION SHALL BE VALID AND ENFORCEABLE AS AGAINST THE  EMPLOYER  OR
   31  EMPLOYEES  UNLESS WITHIN FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT
   32  THE NURSE PRACTITIONER GIVING SUCH CARE OR TREATMENT  FURNISHED  TO  THE
   33  EMPLOYER  AND  DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY
   34  AND TREATMENT, AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT
   35  AND SUBSEQUENT THERETO PROGRESS REPORTS AS REQUESTED IN WRITING  BY  THE
   36  CHAIR,  BOARD,  EMPLOYER  OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS
   37  THAN THREE WEEKS APART OR AT LESS FREQUENT  INTERVALS  IF  REQUESTED  ON
   38  FORMS  PRESCRIBED BY THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO FILE
   39  SUCH NOTICES WITHIN THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE
   40  INTEREST OF JUSTICE TO DO SO. UPON RECEIPT OF  THE  NOTICE  PROVIDED  IN
   41  THIS  SUBDIVISION,  THE  EMPLOYER SHALL BE ENTITLED TO HAVE THE CLAIMANT
   42  EXAMINED BY A QUALIFIED PHYSICIAN AT A PLACE  REASONABLY  CONVENIENT  TO
   43  THE  CLAIMANT  AND IN THE PRESENCE OF THE CLAIMANT'S NURSE PRACTITIONER,
   44  AND THE REFUSAL OF THE CLAIMANT TO SUBMIT TO SUCH  EXAMINATION  AT  SUCH
   45  TIME OR TIMES AS MAY REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD
   46  SHALL  BAR  THE  CLAIMANT  FROM  RECOVERING COMPENSATION, FOR ANY PERIOD
   47  DURING WHICH HE OR SHE HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
   48    3. FEES FOR NURSE PRACTITIONER  SERVICES  RENDERED  PURSUANT  TO  THIS
   49  SECTION SHALL BE PAYABLE ONLY TO A DULY AUTHORIZED NURSE PRACTITIONER AS
   50  DEFINED  IN  THIS SECTION, OR TO THE AGENT, EXECUTOR OR ADMINISTRATOR OF
   51  THE ASSETS OF SUCH NURSE PRACTITIONER, INCLUDING A PHYSICIAN  ASSOCIATED
   52  WITH  SUCH NURSE PRACTITIONER. NO NURSE PRACTITIONER RENDERING TREATMENT
   53  TO A COMPENSATION CLAIMANT PURSUANT TO THIS  SECTION  SHALL  COLLECT  OR
   54  RECEIVE  A  FEE  FROM  SUCH  CLAIMANT  WITHIN THIS STATE, BUT SHALL HAVE
   55  RECOURSE FOR PAYMENT ONLY TO THE EMPLOYER UNDER THE PROVISIONS  OF  THIS
   56  SECTION.
       A. 3704                             3
    1    4.  WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE NURSE
    2  PRACTITIONER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A  FEE
    3  FROM  THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION TO
    4  ANY FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE  CIVIL  PRACTICE
    5  LAW AND RULES.
    6    5.  THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G
    7  OF THIS ARTICLE WITH RESPECT TO THE CONDITIONS UNDER WHICH  A  HOSPITAL,
    8  PHYSICIAN  OR  SELF-EMPLOYED  PHYSICAL  OR  OCCUPATIONAL  THERAPIST  MAY
    9  REQUEST PAYMENT OR ARBITRATION OF A BILL, OR UNDER WHICH AN AWARD MAY BE
   10  MADE FOR PAYMENT OF SUCH BILL, SHALL BE APPLICABLE TO BILLS RENDERED  BY
   11  A NURSE PRACTITIONER FOR SERVICES RENDERED TO AN INJURED EMPLOYEE PURSU-
   12  ANT  TO THIS SECTION. IF THE PARTIES FAIL TO AGREE AS TO THE NURSE PRAC-
   13  TITIONER CARE RENDERED UNDER THIS SECTION TO A CLAIMANT SUCH VALUE SHALL
   14  BE DECIDED BY THE NURSE PRACTITIONER COMMITTEE AND THE MAJORITY DECISION
   15  OF SUCH COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO  THE  VALUE
   16  OF  THE  SERVICES RENDERED. THE BOARD OR THE CHAIR MAY MAKE AN AWARD NOT
   17  IN EXCESS OF THE ESTABLISHED FEE SCHEDULES FOR ANY  SUCH  BILL  OR  PART
   18  THEREOF  WHICH  REMAINS  UNPAID IN THE SAME MANNER AS AN AWARD FOR BILLS
   19  RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF  THIS
   20  ARTICLE,  AND  SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD OF
   21  COMPENSATION.
   22    WHERE A NURSE PRACTITIONER'S BILL HAS BEEN DETERMINED TO  BE  DUE  AND
   23  OWING  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION THE BOARD SHALL
   24  INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF NOT  MORE  THAN  ONE  AND
   25  ONE-HALF  PERCENT PER MONTH PAYABLE TO THE NURSE PRACTITIONER IN ACCORD-
   26  ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD. THE  CHAIR
   27  SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST THE EMPLOYER FOR EACH SUCH
   28  AWARD  MADE  BY THE BOARD, WHICH SUM SHALL BE PAID INTO THE STATE TREAS-
   29  URY.
   30    A NURSE  PRACTITIONER  INITIATING  AN  ARBITRATION  PURSUANT  TO  THIS
   31  SECTION SHALL PAY A FEE, AS DETERMINED BY REGULATIONS PROMULGATED BY THE
   32  CHAIR TO BE USED TO COVER THE COSTS RELATED TO THE CONDUCT OF SUCH ARBI-
   33  TRATION.  UPON  RESOLUTION IN FAVOR OF SUCH PARTY, THE AMOUNT DUE, BASED
   34  UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY THE AMOUNT  OF  THE  FEE
   35  PAID BY SUCH PARTY. WHERE A PARTIAL AWARD IS MADE, THE AMOUNT DUE, BASED
   36  UPON THE BILL IN DISPUTE, SHALL BE INCREASED BY A PART OF SUCH FEE.
   37    6. WITHIN THE LIMITS PRESCRIBED BY THE EDUCATION LAW FOR NURSE PRACTI-
   38  TIONER  CARE  AND  TREATMENT,  THE  REPORT OR TESTIMONY OF AN AUTHORIZED
   39  NURSE PRACTITIONER CONCERNING THE CONDITION OF AN INJURED  EMPLOYEE  AND
   40  TREATMENT  THEREOF  SHALL  BE  DEEMED COMPETENT EVIDENCE AND THE PROFES-
   41  SIONAL OPINION OF THE NURSE PRACTITIONER AS TO CAUSAL RELATION AND AS TO
   42  REQUIRED TREATMENT SHALL BE DEEMED COMPETENT BUT SHALL NOT  BE  CONTROL-
   43  LING. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR
   44  INSURANCE CARRIER OF ANY RIGHT TO MEDICAL EXAMINATION OR PRESENTATION OF
   45  MEDICAL TESTIMONY NOW CONFERRED BY LAW.
   46    7.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
   47  FOLLOWED BY THOSE RENDERING NURSE PRACTITIONER CARE UNDER THIS  SECTION,
   48  WHICH  RULES  SO FAR AS PRACTICABLE SHALL CONFORM TO THE RULES IN EFFECT
   49  ON THE EFFECTIVE DATE OF THIS SECTION WITH  REFERENCE  TO  MEDICAL  CARE
   50  FURNISHED  TO CLAIMANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH THE
   51  PROMULGATION OF SUCH RULES THE CHAIR MAY CONSULT THE NURSE  PRACTITIONER
   52  COMMITTEE  AND  MAY TAKE INTO CONSIDERATION THE VIEW OF OTHER INTERESTED
   53  PARTIES.
   54    8. THE CHAIR SHALL APPOINT FOR AND WITH  JURISDICTION  IN  THE  ENTIRE
   55  STATE  OF NEW YORK A SINGLE NURSE PRACTITIONER COMMITTEE COMPOSED OF TWO
   56  DULY LICENSED PHYSICIANS AND THREE DULY REGISTERED, LICENSED AND  CERTI-
       A. 3704                             4
    1  FIED  NURSE PRACTITIONERS OF THE STATE OF NEW YORK. ONE SUCH NURSE PRAC-
    2  TITIONER SHALL BE APPOINTED UPON THE  RECOMMENDATION  OF  THE  TEMPORARY
    3  PRESIDENT  OF  THE  SENATE  AND  ONE  SUCH  NURSE  PRACTITIONER SHALL BE
    4  APPOINTED  UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.  EACH
    5  MEMBER OF SUCH COMMITTEE SHALL RECEIVE COMPENSATION ON AN  ANNUAL  BASIS
    6  TO  BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE SUCH
    7  NURSE PRACTITIONER MEMBER SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF
    8  THE NURSE PRACTITIONER COMMITTEE. NO  MEMBER  OF  SUCH  COMMITTEE  SHALL
    9  RENDER  CARE UNDER THIS SECTION NOR BE EMPLOYED OR ACCEPT OR PARTICIPATE
   10  IN ANY FEE FROM ANY  INSURANCE  COMPANY  AUTHORIZED  TO  WRITE  WORKERS'
   11  COMPENSATION  INSURANCE  IN THIS STATE OR FROM ANY SELF-INSURER, WHETHER
   12  SUCH EMPLOYMENT OR FEE RELATES  TO  A  WORKERS'  COMPENSATION  CLAIM  OR
   13  OTHERWISE.  THE  ATTORNEY GENERAL, UPON REQUEST, SHALL ADVISE AND ASSIST
   14  SUCH COMMITTEE.
   15    9. THE NURSE PRACTITIONER COMMITTEE SHALL INVESTIGATE, HEAR  AND  MAKE
   16  FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR OTHER MISCON-
   17  DUCT  OF  ANY AUTHORIZED NURSE PRACTITIONER AS PROVIDED IN THIS SUBDIVI-
   18  SION UNDER RULES AND PROCEDURE TO BE PRESCRIBED BY THE CHAIR  AND  SHALL
   19  REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND RECOMMENDA-
   20  TIONS WITH RESPECT THERETO, TO THE CHAIR.  THE  FINDINGS,  DECISION  AND
   21  RECOMMENDATION  OF THE NURSE PRACTITIONER COMMITTEE SHALL BE ADVISORY TO
   22  THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLUSIVE UPON HIM OR  HER.
   23  THE  CHAIR  SHALL REMOVE FROM THE LIST OF NURSE PRACTITIONERS AUTHORIZED
   24  TO RENDER NURSE PRACTITIONER CARE UNDER THIS SECTION  THE  NAME  OF  ANY
   25  NURSE  PRACTITIONER  WHO  HE OR SHE SHALL FIND AFTER REASONABLE INVESTI-
   26  GATION IS DISQUALIFIED BECAUSE SUCH NURSE PRACTITIONER:
   27    (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER  MISCONDUCT  OR  INCOMPE-
   28  TENCE  IN CONNECTION WITH NURSE PRACTITIONER SERVICES RENDERED UNDER THE
   29  LAW;
   30    (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
   31  RENDERING  NURSE  PRACTITIONER SERVICES UNDER THE LAW, OR HAS MADE FALSE
   32  STATEMENTS REGARDING HIS OR HER QUALIFICATIONS IN HIS OR HER APPLICATION
   33  FOR AUTHORIZATION;
   34    (C) HAS FAILED TO SUBMIT IN A TIMELY, FULL AND TRUTHFUL  MANNER  NURSE
   35  PRACTITIONER  REPORTS  OF  ALL  HIS  OR HER FINDINGS TO THE EMPLOYER AND
   36  DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME  LIMITS  PROVIDED  IN
   37  THIS SECTION;
   38    (D)  HAS  KNOWINGLY  MADE  A FALSE STATEMENT OR REPRESENTATION AS TO A
   39  MATERIAL FACT IN ANY MEDICAL REPORT MADE PURSUANT TO THIS CHAPTER OR  IN
   40  TESTIFYING  OR  OTHERWISE PROVIDING INFORMATION FOR THE PURPOSES OF THIS
   41  CHAPTER;
   42    (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT  FOR  HIMSELF  OR
   43  HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF AN
   44  INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER;
   45    (F)  HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE CHAIR,
   46  BOARD, NURSE PRACTITIONER COMMITTEE OR ANY DULY  AUTHORIZED  OFFICER  OF
   47  THE  STATE,  ANY  LEGAL  QUESTION  OR PRODUCE ANY RELEVANT BOOK OR PAPER
   48  CONCERNING HIS OR HER CONDUCT UNDER AN AUTHORIZATION GRANTED TO  HIM  OR
   49  HER UNDER THE LAW; OR
   50    (G)  HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN
   51  THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
   52  OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
   53  ITED BY MEANS OF A CREDIT  OR  OTHERWISE  VALUABLE  CONSIDERATION  AS  A
   54  COMMISSION,  DISCOUNT OR GRATUITY, IN CONNECTION WITH THE TREATMENT OF A
   55  WORKERS' COMPENSATION CLAIMANT.  NOTHING  CONTAINED  IN  THIS  PARAGRAPH
   56  SHALL  PROHIBIT  SUCH  NURSE PRACTITIONERS WHO PRACTICE WITH OTHER NURSE
       A. 3704                             5
    1  PRACTITIONERS OR PHYSICIANS AS PARTNERS, IN GROUPS OR AS A  PROFESSIONAL
    2  CORPORATION,  LIMITED  LIABILITY  COMPANY, OR LIMITED LIABILITY PARTNER-
    3  SHIP, OR AS A UNIVERSITY FACULTY PRACTICE CORPORATION FROM POOLING  FEES
    4  AND  MONEYS  RECEIVED,  EITHER  BY  THE PARTNERSHIP, PROFESSIONAL CORPO-
    5  RATION, LIMITED LIABILITY  COMPANY,  LIMITED  LIABILITY  PARTNERSHIP  OR
    6  GROUP, NOR SHALL THE PROFESSIONALS CONSTITUTING THE PARTNERSHIP, PROFES-
    7  SIONAL  CORPORATION,  LIMITED LIABILITY COMPANY, LIMITED LIABILITY PART-
    8  NERSHIP OR GROUP BE PROHIBITED FROM SHARING,  DIVIDING  OR  APPORTIONING
    9  THE FEES AND MONEYS RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION,
   10  LIMITED  LIABILITY  COMPANY,  LIMITED  LIABILITY PARTNERSHIP OR GROUP IN
   11  ACCORDANCE WITH A PARTNERSHIP OR  OTHER  AGREEMENT;  PROVIDED,  HOWEVER,
   12  THAT NOTHING IN THE PARAGRAPH SHALL BE CONSTRUED TO AUTHORIZE THE FORMA-
   13  TION  OF  A  PARTNERSHIP,  PROFESSIONAL  CORPORATION,  LIMITED LIABILITY
   14  COMPANY, OR LIMITED LIABILITY PARTNERSHIP NOT  OTHERWISE  AUTHORIZED  BY
   15  LAW.
   16    10. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
   17  AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
   18  PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION NINE OF THIS SECTION SHALL BE
   19  GUILTY OF A MISDEMEANOR.
   20    11. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  LIMITING  IN  ANY
   21  RESPECT  THE  POWER  OR  DUTY  OF  THE CHAIR TO INVESTIGATE INSTANCES OF
   22  MISCONDUCT, EITHER BEFORE OR AFTER INVESTIGATION BY  THE  NURSE  PRACTI-
   23  TIONER  COMMITTEE  OR  TO  TEMPORARILY  SUSPEND THE AUTHORIZATION OF ANY
   24  NURSE PRACTITIONER THAT HE OR SHE MAY  BELIEVE  TO  BE  GUILTY  OF  SUCH
   25  MISCONDUCT.  THE  PROVISIONS OF SUBDIVISION ONE OF SECTION THIRTEEN-D OF
   26  THIS ARTICLE SHALL BE APPLICABLE AS  FULLY  AS  IF  SET  FORTH  IN  THIS
   27  SECTION.
   28    12.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
   29  RESPECT THE AUTHORITY OF A NURSE PRACTITIONER TO DELIVER CARE AND TREAT-
   30  MENT AS AUTHORIZED BY ARTICLE ONE HUNDRED THIRTY-NINE OF  THE  EDUCATION
   31  LAW,  OR  TO  REQUIRE  THAT A NURSE PRACTITIONER FILE AN APPLICATION FOR
   32  AUTHORIZATION UNDER THIS SECTION.
   33    S 2. Section 141 of the workers' compensation law, as amended by chap-
   34  ter 6 of the laws of 2007, is amended to read as follows:
   35    S 141. General powers and duties of the chair. The chair shall be  the
   36  administrative  head  of the workers' compensation board and shall exer-
   37  cise the powers and perform the duties in relation to the administration
   38  of this chapter heretofore vested in the commissioner of labor by  chap-
   39  ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
   40  ry  thereof,  and  by  this  chapter  excepting article six thereof, and
   41  except in so far as such powers and duties are vested by this chapter in
   42  the workers' compensation board. The chair shall preside at all meetings
   43  of the board and shall appoint all committees and panels of  the  board;
   44  shall  designate  the  times  and places for the hearing of claims under
   45  this chapter and shall perform all administrative functions of the board
   46  as in this chapter set forth. The chair, in the name of the board, shall
   47  enforce all the provisions of this chapter, and may make  administrative
   48  regulations and orders providing for the receipt, indexing and examining
   49  of all notices, claims and reports, for the giving of notice of hearings
   50  and of decisions, for certifying of records, for the fixing of the times
   51  and  places for the hearing of claims, and for providing for the conduct
   52  of hearings and establishing of calendar  practice  to  the  extent  not
   53  inconsistent  with the rules of the board. The chair shall issue and may
   54  revoke certificates of authorization of physicians, chiropractors [and],
   55  podiatrists AND NURSE PRACTITIONERS as provided in sections  thirteen-a,
   56  thirteen-k  [and]  ,  thirteen-1  AND  THIRTEEN-P  of  this chapter, and
       A. 3704                             6
    1  licenses for medical bureaus and x-ray and other laboratories under  the
    2  provisions of section thirteen-c of this chapter, issue stop work orders
    3  as  provided  in  section  one  hundred forty-one-a of this article, and
    4  shall  have and exercise all powers not otherwise provided for herein in
    5  relation to the administration  of  this  chapter  heretofore  expressly
    6  conferred  upon  the  commissioner  of labor by any of the provisions of
    7  this chapter, or of the labor law. The chair, on behalf of the  workers'
    8  compensation  board,  shall  enter  into  the  agreement provided for in
    9  section one hundred seventy-one-h of the tax law, and  shall  take  such
   10  other  actions  as  may be necessary to carry out the agreement provided
   11  for in such section for matching beneficiary records of workers' compen-
   12  sation with information provided by employers to the state directory  of
   13  new  hires  for  the purposes of verifying eligibility for such benefits
   14  and for administering workers' compensation.
   15    S 3. Subdivisions 1, 2 and 3 of section 217 of  the  workers'  compen-
   16  sation law, subdivision 1 as amended by chapter 167 of the laws of 1999,
   17  and  subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990,
   18  are amended to read as follows:
   19    1. Written notice and proof of disability shall be  furnished  to  the
   20  employer  by  or  on behalf of the employee claiming benefits or, in the
   21  case of a claimant under section two hundred seven of this  article,  to
   22  the  chair, within thirty days after commencement of the period of disa-
   23  bility. Additional proof shall be furnished thereafter from time to time
   24  as the employer or carrier or chair may require but not more often  than
   25  once  each  week.  Such proof shall include a statement of disability by
   26  the employee's attending physician or attending podiatrist or  attending
   27  chiropractor or attending dentist or attending psychologist or attending
   28  certified  nurse midwife OR ATTENDING NURSE PRACTITIONER, or in the case
   29  of an employee who adheres to the faith or teachings of  any  church  or
   30  denomination, and who in accordance with its creed, tenets or principles
   31  depends  for  healing  upon  prayer through spiritual means alone in the
   32  practice of religion, by an accredited  practitioner,  containing  facts
   33  and opinions as to such disability in compliance with regulations of the
   34  chair.  Failure  to  furnish  notice or proof within the time and in the
   35  manner above provided shall not invalidate the  claim  but  no  benefits
   36  shall be required to be paid for any period more than two weeks prior to
   37  the  date  on  which  the required proof is furnished unless it shall be
   38  shown to the satisfaction of the  chair  not  to  have  been  reasonably
   39  possible  to  furnish such notice or proof and that such notice or proof
   40  was furnished as soon as possible; provided, however, that  no  benefits
   41  shall be paid unless the required proof of disability is furnished with-
   42  in  twenty-six weeks after commencement of the period of disability.  No
   43  limitation of time provided in this section shall  run  as  against  any
   44  person who is mentally incompetent, or physically incapable of providing
   45  such  notice  as  a result of a serious medical condition, or a minor so
   46  long as such person has no guardian of the person [and/] or property.
   47    2. An employee claiming benefits shall, as requested by  the  employer
   48  or  carrier,  submit  himself or herself at intervals, but not more than
   49  once a week, for examination by a physician or podiatrist or  chiroprac-
   50  tor or dentist or psychologist or certified nurse midwife OR NURSE PRAC-
   51  TITIONER  designated  by  the employer or carrier. All such examinations
   52  shall be without cost to the employee and shall be held at a  reasonable
   53  time and place.
   54    3.  The  chair  may  direct the claimant to submit to examination by a
   55  physician or podiatrist or chiropractor or dentist  or  psychologist  OR
   56  NURSE  PRACTITIONER  designated  by  him or her in any case in which the
       A. 3704                             7
    1  claim to disability benefits is contested and in  claims  arising  under
    2  section  two  hundred  seven  OF THIS ARTICLE, and in other cases as the
    3  chair or board may require.
    4    S 4. Subdivision 2 of section 205 of the workers' compensation law, as
    5  amended  by  chapter  270  of  the  laws  of 1990, is amended to read as
    6  follows:
    7    2. for any period of disability during which an employee is not  under
    8  the  care  of  a  duly  licensed physician or with respect to disability
    9  resulting from a condition of the foot which may lawfully be treated  by
   10  a  duly  registered  and licensed podiatrist of the state of New York or
   11  with respect to a  disability  resulting  from  a  condition  which  may
   12  lawfully  be  treated  by a duly registered and licensed chiropractor of
   13  the state of New York or with respect to a disability resulting  from  a
   14  condition  which  may  lawfully be treated by a duly licensed dentist of
   15  the state of New York or with respect to a disability resulting  from  a
   16  condition  which  may  lawfully  be  treated  by  a  duly registered and
   17  licensed psychologist of the state of New York  or  with  respect  to  a
   18  disability resulting from a condition which may lawfully be treated by a
   19  duly  certified  nurse midwife OR WITH RESPECT TO A DISABILITY RESULTING
   20  FROM A CONDITION WHICH MAY LAWFULLY BE TREATED  BY  A  DULY  REGISTERED,
   21  LICENSED  AND CERTIFIED NURSE PRACTITIONER, for any period of such disa-
   22  bility during which an employee is neither under the care of a physician
   23  nor a podiatrist, nor a chiropractor, nor a dentist, nor a psychologist,
   24  nor a certified nurse midwife, NOR A NURSE  PRACTITIONER;  and  for  any
   25  period  of  disability during which an employee who adheres to the faith
   26  or teachings of any church or denomination and who  in  accordance  with
   27  its  creed, tenets or principles depends for healing upon prayer through
   28  spiritual means alone in the practice of religion, is not under the care
   29  of a practitioner duly accredited by the  church  or  denomination,  and
   30  provided  such  employee  shall  submit  to all physical examinations as
   31  required by this chapter.
   32    S 5. Subdivision 5 of section 220 of the workers' compensation law, as
   33  amended by chapter 940 of the laws  of  1973,  is  amended  to  read  as
   34  follows:
   35    5.  In  addition to other penalties [herein] provided IN THIS SECTION,
   36  the [chairman] CHAIR shall remove from the list of physicians authorized
   37  to render medical care under the provisions of articles  one  to  eight,
   38  inclusive,  of  this chapter and from the list of podiatrists authorized
   39  to render podiatric care under section thirteen-k of this  chapter,  and
   40  from  the  list  of chiropractors authorized to render chiropractic care
   41  under section thirteen-l of this chapter, AND FROM  THE  LIST  OF  NURSE
   42  PRACTITIONERS AUTHORIZED TO RENDER NURSE PRACTITIONER CARE UNDER SECTION
   43  THIRTEEN-P  OF  THIS  CHAPTER the name of any physician or podiatrist or
   44  chiropractor OR NURSE PRACTITIONER whom he  OR  SHE  shall  find,  after
   45  reasonable  investigation,  has  submitted to the employer or carrier or
   46  [chairman] CHAIR in connection with any claim  for  disability  benefits
   47  under  this  article, a statement of disability that is not truthful and
   48  complete.
   49    S 6. Section 232 of the workers' compensation law, as amended by chap-
   50  ter 270 of the laws of 1990, is amended to read as follows:
   51    S 232. Fees of physicians, podiatrists, chiropractors, dentists, NURSE
   52  PRACTITIONERS and psychologists. Whenever his or  her  attendance  at  a
   53  hearing  before  the  board  or  its referees is required, the attending
   54  physician or attending podiatrist or attending chiropractor or attending
   55  dentist or attending psychologist or attending certified  nurse  midwife
   56  OR  ATTENDING  NURSE  PRACTITIONER of the disabled employee, except such
       A. 3704                             8
    1  physicians as are disqualified from testifying pursuant  to  subdivision
    2  one  of  section  thirteen-b, or section nineteen-a of this chapter, and
    3  except such podiatrists as are disqualified from  testifying  under  the
    4  provisions of section thirteen-k OF THIS CHAPTER, and except such chiro-
    5  practors  as  are  disqualified  from testifying under the provisions of
    6  section thirteen-l OF THIS CHAPTER, and except such psychologists as are
    7  disqualified from testifying under the provisions of section  thirteen-m
    8  OF THIS CHAPTER, AND EXCEPT SUCH NURSE PRACTITIONERS AS ARE DISQUALIFIED
    9  FROM TESTIFYING UNDER THE PROVISIONS OF SECTION THIRTEEN-P OF THIS CHAP-
   10  TER,  shall  be  entitled  to receive a fee from the carrier or the fund
   11  established under section two hundred fourteen OF THIS  ARTICLE,  in  an
   12  amount as directed and fixed by the board, or its referees, and such fee
   13  shall be in addition to any witness fee.
   14    S  7. This act shall take effect immediately and shall expire December
   15  31, 2014 when upon such date the provisions of this act shall be  deemed
   16  repealed.
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