Bill Text: NY A08387 | 2017-2018 | General Assembly | Amended
Bill Title: Extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2018-06-13 - print number 8387c [A08387 Detail]
Download: New_York-2017-A08387-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8387--C 2017-2018 Regular Sessions IN ASSEMBLY June 12, 2017 ___________ Introduced by M. of A. PRETLOW, TAYLOR, D'URSO, GOTTFRIED, STECK, McDO- NALD -- Multi-Sponsored by -- M. of A. EPSTEIN, PALMESANO -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to extending the board's authority to resolve medical bill disputes and simplify the process The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-b of the workers' compensation law, as amended 2 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1 3 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as 4 amended by section 85 of part A of chapter 58 of the laws of 2010, is 5 amended to read as follows: 6 § 13-b. Authorization of [physicians] providers, medical bureaus and 7 laboratories by the chair. 1. [Upon the recommendation of the medical8society of the county in which the physician's office is located or of a9board designated by such county society or of a board representing duly10licensed physicians of any other school of medical practice in such11county, the chair may authorize physicians licensed to practice medicine12in the state of New York to render medical care under this chapter and13to perform independent medical examinations in accordance with subdivi-14sion four of section thirteen-a of this article. If, within sixty days15after the chair requests such recommendations the medical society of16such county or board fails to act, or if there is no such society inEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13065-05-8A. 8387--C 2 1such county, the chair shall designate a board of three outstanding2physicians, who shall make the requisite recommendations.3No such authorization shall be made in the absence of a recommendation4of the appropriate society or board or of a review and recommendation by5the medical appeals unit.] No person shall render medical care or 6 conduct independent medical examinations under this chapter without such 7 authorization by the chair[, provided, that: (a)]. As used in this 8 title, the following definitions shall have the following meanings 9 unless their context requires otherwise: 10 (a) "Acupuncturist" shall mean licensed as having completed a formal 11 course of study and having passed an examination in accordance with the 12 education law, the regulations of the commissioner of education, and the 13 requirements of the board of regents. Acupuncturists are required by the 14 education law to advise, in writing, each patient of the requirement 15 that he or she consult with a physician for the condition or conditions 16 necessitating acupuncture care, as prescribed by the education law. 17 (b) "Chair" of the board shall mean either the chair or the chair's 18 designee. 19 (c) "Chiropractor" shall mean licensed and having completed two years 20 of preprofessional college study and a four-year resident program in 21 chiropractic in accordance with the education law, and consistent with 22 the licensing requirements of the commissioner of education. 23 (d) "Dentist" shall mean licensed and having completed a four-year 24 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent 25 degree, in accordance with the education law and the licensing require- 26 ments of the commissioner of education. 27 (e) "Employer" shall mean a self-insured employer or, if insured, the 28 insurance carrier. 29 (f) "Independent medical examination" shall mean an examination 30 performed by a medical provider, authorized under this section to 31 perform such examination, for the purpose of examining or evaluating 32 injury or illness pursuant to paragraph (b) of subdivision four of 33 section thirteen-a and section one hundred thirty-seven of this chapter 34 and as more fully set forth in regulation. 35 (g) "Nurse practitioner" shall mean a licensed registered professional 36 nurse certified pursuant to section sixty-nine hundred ten of the educa- 37 tion law. 38 (h) "Occupational therapist" shall mean licensed as having a bach- 39 elor's or master's degree in occupational therapy from a registered 40 program with the education department or receipt of a diploma or degree 41 resulting from completion of not less than four years of postsecondary 42 study, which includes the professional study of occupational therapy in 43 accordance with the education law and the regulations of the commission- 44 er of education. 45 (i) "Physical therapist" shall mean licensed as having completed a 46 master's degree or higher in physical therapy in accordance with the 47 education law and the licensing requirements of the commissioner of 48 education. 49 (j) "Physician" shall mean licensed with a degree of doctor of medi- 50 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent 51 degree in accordance with the education law and the licensing require- 52 ments of the state board of medicine and the regulations of the commis- 53 sioner of education. 54 (k) "Physician assistant" shall mean a licensed provider who has grad- 55 uated from a two- to four-year state-approved physician assistant 56 program, has passed a licensing examination, and whose actions andA. 8387--C 3 1 duties are within the scope of practice of the supervising physician, in 2 accordance with the education law and the regulations of the commission- 3 er of education. 4 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as 5 having received a doctoral degree in podiatric medicine in accordance 6 with the regulations of the commissioner of education and the education 7 law, and must satisfactorily meet all other requirements of the state 8 board for podiatric medicine. 9 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 10 independent medical examiner, nurse practitioner, physical therapist, 11 physician, physician assistant, podiatrist, psychologist, or social 12 worker authorized by the chair. 13 (n) "Psychologist" shall mean licensed as having received a doctoral 14 degree in psychology from a program of psychology registered with the 15 state education department or the substantial equivalent thereof in 16 accordance with the education law, the requirements of the state board 17 for psychology, and the regulations of the commissioner of education. 18 (o) "Social worker" shall mean a licensed clinical social worker. A 19 licensed clinical social worker has completed a master's degree of 20 social work that includes completion of a core curriculum of at least 21 twelve credit hours of clinical courses or the equivalent post-graduate 22 clinical coursework, in accordance with the education law and the regu- 23 lations of the commissioner of education. 24 2. Any [physician] provider licensed [to practice medicine] pursuant 25 to the education law to provide medical care and treatment in the state 26 of New York may render emergency [medical] care and treatment in an 27 emergency hospital or urgent care setting providing emergency treatment 28 under this chapter without authorization by the chair under this 29 section; [and30(b)] (a) Such licensed [physician] provider as identified in this 31 subdivision who is [a member of a constituted medical staff of any32hospital] on staff at any hospital or urgent care center providing emer- 33 gency treatment may [render] continue such medical care under this chap- 34 ter while an injured employee remains a patient in such hospital or 35 urgent care setting; and 36 [(c)] (b) Under the [active and personal] direct supervision of an 37 authorized [physician] provider, medical care may be rendered by a 38 registered nurse or other person trained in laboratory or diagnostic 39 techniques within the scope of such person's specialized training and 40 qualifications. This supervision shall be evidenced by signed records of 41 instructions for treatment and signed records of the patient's condition 42 and progress. Reports of such treatment and supervision shall be made by 43 such [physician] provider to the chair [on such forms and] in the format 44 prescribed by the chair at such times as the chair may require. 45 [(d) Upon the referral which may be directive as to treatment of an46authorized physician physical therapy care may be rendered by a duly47licensed physical therapist. Where physical therapy care is rendered48records of the patient's condition and progress, together with records49of instruction for treatment, if any, shall be maintained by the phys-50ical therapist and physician. Said records shall be submitted to the51chair on such forms and at such times as the chair may require.52(e) Upon the prescription or referral of an authorized physician occu-53pational therapy care may be rendered by a duly licensed occupational54therapist. Where occupational therapy care is rendered records of the55patient's condition and progress, together with records of instruction56for treatment, if any shall be maintained by the occupational therapistA. 8387--C 4 1and physician. Said records shall be submitted to the chair on forms and2at such times as the chair may require.3(f)] (c) Where it would place an unreasonable burden upon the employer 4 or carrier to arrange for, or for the claimant to attend, an independent 5 medical examination by an authorized [physician] provider, the employer 6 or carrier shall arrange for such examination to be performed by a qual- 7 ified [physician] provider in a medical facility convenient to the 8 claimant. 9 [2.] (d) Upon the prescription or referral of an authorized physician, 10 or nurse practitioner acting within the scope of his or her practice, 11 care or treatment may be rendered to an injured employee by an author- 12 ized physical therapist, occupational therapist or acupuncturist 13 provided the conditions and the treatment performed are among the condi- 14 tions that the physical therapist, occupational therapist or acupunctu- 15 rist is authorized to treat pursuant to the education law or the regu- 16 lations of the commissioner of education. Where any such care or 17 treatment is rendered, records of the patient's condition and progress, 18 together with records of instruction for treatment, if any, shall be 19 maintained by the physical therapist, occupational therapist or acupunc- 20 turist rendering treatment and by the referring physician or nurse prac- 21 titioner. Said records shall be submitted to the chair on forms and at 22 such times as the chair may require. 23 (e) A record, report or opinion of a physical therapist, occupational 24 therapist, acupuncturist or physician assistant shall not be considered 25 as evidence of the causal relationship of any condition to a work 26 related accident or occupational disease under this chapter. Nor may a 27 record, report or opinion of a physical therapist, occupational thera- 28 pist or acupuncturist be considered evidence of disability. Nor may a 29 record, report or opinion of a physician assistant be considered 30 evidence of the presence of a permanent or initial disability or the 31 degree thereof. Nor may a physical therapist, occupational therapist, 32 acupuncturist or physician assistant perform an independent medical 33 examination concerning a claim under this chapter. 34 (f) A nurse practitioner, or licensed certified social worker, may 35 perform an independent medical examination on behalf of an employer only 36 to the extent that the examination concerns treatment rendered by an 37 identical provider type, but may not perform an independent medical 38 examination on behalf of the employer concerning (1) the causal 39 relationship of any condition to a work related accident or occupational 40 disease under this chapter or (2) the presence of a disability or the 41 degree thereof. 42 3. A [physician licensed to practice medicine in the state of New York43who is] provider properly licensed or certified pursuant to the regu- 44 lations of the commissioner of education and the requirements of the 45 education law desirous of being authorized to render medical care under 46 this chapter and/or to conduct independent medical examinations in 47 accordance with paragraph (b) of subdivision four of section thirteen-a 48 and section one hundred thirty-seven of this chapter shall file an 49 application for authorization under this chapter with the [medical soci-50ety in the county in which his or her office is located, or with a board51designated by such society, or with a board designated by the chair as52provided in this section. In such application the applicant shall state53his or her training and qualifications, and shall agree to limit his or54her professional activities under this chapter to such medical care and55independent medical examinations, as his or her experience and training56qualify him or her to render. The applicant shall further agree toA. 8387--C 5 1refrain] chair or chair's designee. Prior to receiving authorization, a 2 physician must, together with submission of an application to the chair, 3 submit such application to the medical society of the county in which 4 the physician's office is located or of a board designated by such coun- 5 ty society or of a board representing duly licensed physicians of any 6 other school of medical practice in such county, and submit the recom- 7 mendation to the board. In the event such county society or board fails 8 to take action upon a physician's application within forty-five days, 9 the chair may complete review of the application without such approval. 10 Upon approval of the application by the chair or the chair's designee, 11 the applicant shall further agree to refrain from subsequently treating 12 for remuneration, as a private patient, any person seeking medical 13 treatment, or submitting to an independent medical examination, in 14 connection with, or as a result of, any injury compensable under this 15 chapter, if he or she has been removed from the list of [physicians] 16 providers authorized to render medical care or to conduct independent 17 medical examinations under this chapter, or if the person seeking such 18 treatment, or submitting to an independent medical examination, has been 19 transferred from his or her care in accordance with the provisions of 20 this chapter. This agreement shall run to the benefit of the injured 21 person so treated or examined, and shall be available to him or her as a 22 defense in any action by such [physician] provider for payment for 23 treatment rendered by a [physician] provider after he or she has been 24 removed from the list of [physicians] providers authorized to render 25 medical care or to conduct independent medical examinations under this 26 chapter, or after the injured person was transferred from his or her 27 care in accordance with the provisions of this chapter. [The medical28society or the board designated by it, or the board as otherwise29provided under this section, if it deems such licensed physician duly30qualified, shall recommend to the chair that such physician be author-31ized to render medical care and/or conduct independent medical examina-32tions under this chapter, and such recommendation and authorization33shall specify the character of the medical care or independent medical34examination which such physician is qualified and authorized to render35under this chapter. Such recommendations shall be advisory to the chair36only and shall not be binding or conclusive upon him or her. The37licensed physician may present to the medical society or board,38evidences of additional qualifications at any time subsequent to his or39her original application. If the medical society or board fails to40recommend to the chair that a physician be authorized to render medical41care and/or to conduct independent medical examinations under this chap-42ter, the physician may appeal to the medical appeals unit. The medical43society or the board designated by it, or the board as otherwise44provided under this section, may upon its own initiative, or shall upon45request of the chair, review at any time the qualifications of any46physician as to the character of the medical care or independent medical47examinations which such physician has theretofore been authorized to48render under this chapter and may recommend to the chair that such49physician be authorized to render medical care or to conduct independent50medical examinations thereafter of the character which such physician is51then qualified to render. On such advisory recommendation the chair may52review and after reasonable investigation may revise the authorization53of a physician in respect to the character of medical care and/or to54conduct independent medical examinations which he or she is authorized55to render. If the medical society or board recommends to the chair that56a physician be authorized to render medical care and/or to conduct inde-A. 8387--C 6 1pendent medical examinations under this chapter of a character different2from the character of medical care or independent medical examinations3he or she has been theretofore authorized to render, such physician may4appeal from such recommendation to the medical appeals unit.53.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- 6 ment or in physiotherapy or other therapeutic procedures and which 7 participate in the diagnosis or treatment of injured [workmen] workers 8 under this chapter shall be operated or supervised by [qualified physi-9cians duly] providers authorized under this chapter and shall be subject 10 to the provisions of section thirteen-c of this article. The person in 11 charge of diagnostic clinical laboratories duly authorized under this 12 chapter shall possess the qualifications established by the public 13 health and health planning council for approval by the state commission- 14 er of health or, in the city of New York, the qualifications approved by 15 the board of health of said city and shall maintain the standards of 16 work required for such approval. 17 § 2. Section 13-g of the workers' compensation law, as added by chap- 18 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of 19 the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part 20 GG of chapter 57 of the laws of 2013, subdivision 4 as amended by 21 section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as 22 amended by chapter 578 of the laws of 1959 and subdivision 6 as amended 23 by chapter 639 of the laws of 1996, is amended to read as follows: 24 § 13-g. Payment of bills for medical care. (1) Within forty-five days 25 after a bill for medical care or supplies delivered pursuant to section 26 thirteen of this article has been rendered to the employer [by the27hospital, physician or self-employed physical or occupational therapist28who has rendered treatment pursuant to a referral from the injured29employee's authorized physician or authorized podiatrist for treatment30to the injured employee], such employer must pay the bill or notify the 31 [hospital, physician or self-employed physical or occupational therapist32in writing] medical care provider or supplier in the format prescribed 33 by the chair that the bill is not being paid and explain the reasons for 34 non-payment. In the event that the employer fails to make payment or 35 notify the [hospital, physician or self-employed physical or occupa-36tional therapist] medical care provider or supplier within such forty- 37 five day period that payment is not being made, the [hospital, physi-38cian, self-employed physical therapist or self-employed occupational39therapist] medical care provider or supplier may notify the board in the 40 format prescribed by the chair [in writing] that the bill has not been 41 paid and request that the board make an award for payment of such bill. 42 The board or the chair may make an award not in excess of the estab- 43 lished fee schedules for any such bill or part thereof which remains 44 unpaid after said forty-five day period or thirty days after all other 45 questions duly and timely raised in accordance with the provisions of 46 this chapter, relating to the employer's liability for the payment of 47 such amount, shall have been finally determined adversely to the employ- 48 er, whichever is later, in accordance with rules promulgated by the 49 chair, and such award may be collected in like manner as an award of 50 compensation. The chair shall assess the sum of fifty dollars against 51 the employer for each such award made by the board, which sum shall be 52 paid into the state treasury. 53 In the event that the employer has provided an explanation in writing 54 why the bill has not been paid, in part or in full, within the aforesaid 55 time period, and the parties can not agree as to the value of medical 56 aid rendered under this chapter, such value shall be decided by arbi-A. 8387--C 7 1 tration [if requested by the hospital, physician or self-employed phys-2ical or occupational therapist, in accordance with the provisions of3subdivision two or subdivision three of this section, as appropriate,4and] as set forth in rules and regulations promulgated by the chair. 5 Where a [physician, physical or occupational therapist] bill for 6 medical care or supplies has been determined to be due and owing in 7 accordance with the provisions of this section the board shall include 8 in the amount of the award interest of not more than one and one-half 9 [per cent] percent (1 1/2%) per month payable to the [physician, phys-10ical or occupational therapist] medical care provider or supplier, in 11 accordance with the rules and regulations promulgated by the board. 12 Interest shall be calculated from the forty-fifth day after the bill was 13 rendered or from the thirtieth day after all other questions duly and 14 timely raised in accordance with the provisions of this chapter, relat- 15 ing to the employer's liability for the payment of such amount, shall 16 have been finally determined adversely to the employer, whichever is 17 later, in accordance with rules promulgated by the chair. 18 (2) (a) If the parties fail to agree to the value of medical aid 19 rendered under this chapter and the amount of the disputed bill is one 20 thousand dollars or less, or if the amount of the disputed medical bill 21 exceeds one thousand dollars and the [health] medical care provider or 22 supplier expressly so requests, such value shall be decided by a single 23 arbitrator process, pursuant to rules promulgated by the chair. [The24chair shall appoint a physician who is a member in good standing of the25medical society of the state of New York to determine the value of such26disputed medical bill. Where the physician whose charges are being27arbitrated is a member in good standing of the New York osteopathic28society, the value of such disputed bill shall be determined by a member29in good standing of the New York osteopathic society appointed by the30chair. Where the physician whose charges are being arbitrated is a31member in good standing of the New York homeopathic society, the value32of such disputed bill shall be determined by a member in good standing33of the New York homeopathic society appointed by the chair. Where the34value of physical therapy services or occupational therapy services is35at issue, such value shall be determined by a member in good standing of36a recognized professional association representing its respective37profession in the state of New York appointed by the chair.] Decisions 38 rendered under the single arbitrator process shall be conclusive upon 39 the parties as to the value of the services in dispute. 40 (b) If the parties fail to agree as to the value of medical aid 41 rendered under this chapter and the amount of the disputed bill exceeds 42 one thousand dollars, such value shall be decided by an arbitration 43 committee unless the [health] medical care provider or supplier express- 44 ly requests a single arbitrator process in accordance with paragraph (a) 45 of this subdivision. The arbitration committee shall [consist of one46physician designated by the president of the medical society of the47county in which the medical services were rendered, one physician who is48a member of the medical society of the state of New York, appointed by49the employer or carrier, and one physician, also a member of the medical50society of the state of New York, appointed by the chair of the workers'51compensation board. If the physician whose charges are being arbitrated52is a member in good standing of the New York osteopathic society or the53New York homeopathic society, the members of such arbitration committee54shall be physicians of such organization, one to be appointed by the55president of that organization, one by the employer or carrier and the56third by the chair of the workers' compensation board. Where the valueA. 8387--C 8 1of physical therapy services is at issue and the amount of the disputed2bill exceeds one thousand dollars, the arbitration committee shall3consist of a member in good standing of a recognized professional asso-4ciation representing physical therapists in the state of New York5appointed by the president of such organization, a physician designated6by the employer or carrier and a physician designated by the chair of7the workers' compensation board provided however, that the chair finds8that there are a sufficient number of physical therapy arbitrations in a9geographical area comprised of one or more counties to warrant a commit-10tee so comprised. In all other cases where the value of physical therapy11services is at issue and the amount of the disputed bill exceeds one12thousand dollars, the arbitration committee shall be similarly selected13and identical in composition, provided that the physical therapist14member shall serve without remuneration, and provided further that in15the event a physical therapist is not available, the committee shall be16comprised of three physicians designated in the same manner as in cases17where the value of medical aid is at issue.18(c) Where the value of occupational therapy services is at issue the19arbitration committee shall consist of a member in good standing of a20recognized professional association representing occupational therapists21in the state of New York appointed by the president of such organiza-22tion; a physician designated by the employer or carrier and a physician23designated by the chair of the workers' compensation board provided,24however, that the chair finds that there are a sufficient number of25occupational therapy arbitrations in a geographical area comprised of26one or more counties to warrant a committee so comprised. In all other27cases where the value of occupational therapy services is at issue and28the amount of the disputed bill exceeds one thousand dollars, the arbi-29tration committee shall be similarly selected and identical in composi-30tion, provided that the occupational therapist member shall serve with-31out remuneration, and provided further that in the event an occupational32therapist is not available, the committee shall be comprised of three33physicians designated in the same manner as in cases where the value of34medical aid is at issue.] have three members designated by the chair in 35 consultation with the medical director's office of the workers' compen- 36 sation board. The majority decision of any such arbitration committee 37 shall be conclusive upon the parties as to the value of the services in 38 dispute. 39 (3) [(a) If an employer shall have notified the hospital in writing,40as provided in subdivision one of this section, why the bill has not41been paid, in part or in full, and the amount of the disputed bill is42one thousand dollars or less, or where the amount of the disputed43medical bill exceeds one thousand dollars and the hospital expressly so44requests, such value shall be decided by a single arbitrator process,45pursuant to rules promulgated by the chair. The chair shall appoint a46physician in good standing licensed to practice in New York state to47determine the value of such disputed bill. Decisions rendered under the48administrative resolution procedure shall be conclusive upon the parties49as to the value of the services in dispute.50(b) If an employer shall have notified the hospital in writing, as51provided in subdivision one of this section, why the bill has not been52paid, in part or in full, and the amount of the disputed bill exceeds53one thousand dollars, the value of such bill shall be determined by an54arbitration committee appointed by the chair for that purpose, which55committee shall consider all of the charges of the hospital, unless the56hospital expressly requests a single arbitrator process pursuant toA. 8387--C 9 1paragraph (a) of this subdivision. The committee shall consist of three2physicians. One member of the committee may be nominated by the chair3upon recommendation of the president of the hospital association of New4York state and one member may be nominated by the employer or insurance5carrier. The majority decision of any such committee shall be conclusive6upon the parties as to the value of the services rendered. The chair may7make reasonable rules and regulations consistent with the provisions of8this section.9(4)] A provider or supplier initiating an arbitration, including a 10 single arbitrator process, pursuant to this section shall not pay a fee 11 to cover the costs related to the conduct of such arbitration. [Each12member of an arbitration committee for medical bills, and each member of13an arbitration committee for hospital bills shall be entitled to receive14and shall be paid a fee for each day's attendance at an arbitration15session in any one count in an amount fixed by the chair of the workers'16compensation board.17(5)] (4) In claims where the employer has failed to secure compen- 18 sation to his employees as required by section fifty of this chapter, 19 the board may make an award for the value of medical [and podiatry] 20 services, supplies or treatment rendered to such employees, in accord- 21 ance with the schedules of fees and charges prepared and established 22 under the provisions of [section thirteen, subdivision a, and section23thirteen-k, subdivision two, of] this chapter[, and for the reasonable24value of hospital care in accordance with the charges currently in force25in hospitals in the same community for cases coming within the26provisions of this chapter]. Such award shall be made to the [physician,27podiatrist, or hospital] medical care provider or supplier entitled 28 thereto. A default in the payment of such award may be enforced in the 29 manner provided for the enforcement of compensation awards as set forth 30 in section twenty-six of this [chapter] article. 31 In all cases coming under this subdivision the payment of the claim 32 [of the physician, podiatrist, or hospital for medical, podiatry, or33surgical services or treatment] for medical care or supplies shall be 34 subordinate to that of the claimant or his or her beneficiaries. 35 [(6) Notwithstanding any inconsistent provision of law, arbitration36regarding payments for inpatient hospital services for any patient37discharged on or after January first, nineteen hundred ninety-one and38prior to December thirty-first, nineteen hundred ninety-six shall be39resolved in accordance with paragraph (d) of subdivision three of40section twenty-eight hundred seven-c of the public health law.] 41 § 3. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 42 section 13-k of the workers' compensation law, subdivision 1 as added by 43 chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of 44 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 45 to read as follows: 46 1. When the term "chairman" is hereinafter used, it shall be deemed to 47 mean the [chairman] chair of the [workmen's] workers' compensation board 48 of the state of New York. 49 2. An employee injured under circumstances which make such injury 50 compensable under this article, when care is required for an injury to 51 the foot which injury or resultant condition therefrom may lawfully be 52 treated by a duly registered and licensed podiatrist of the state of New 53 York, may select to treat him or her any podiatrist authorized by the 54 chair to render [podiatry] podiatric medical care, as hereinafter 55 provided. If the injury or condition is one which is without the limits 56 prescribed by the education law for [podiatry] podiatric medical careA. 8387--C 10 1 and treatment, or the injuries involved affect other parts of the body 2 in addition to the foot, the said podiatrist must so advise the said 3 injured employee and instruct him or her to consult a physician of said 4 employee's choice for appropriate care and treatment. Such physician 5 shall thenceforth have overall supervision of the treatment of said 6 patient including the future treatment to be administered to the patient 7 by the podiatrist. If for any reason during the period when [podiatry] 8 podiatric medical treatment and care is required, the employee wishes to 9 transfer his or her treatment and care to another authorized podiatrist 10 he or she may do so, in accordance with rules prescribed by the chair, 11 provided however that the employer shall be liable for the proper fees 12 of the original podiatrist for the care and treatment he or she shall 13 have rendered. [A podiatrist licensed and registered to practice podia-14try in the state of New York who is desirous of being authorized to15render podiatry care under this section and/or to conduct independent16medical examinations in accordance with paragraph (b) of subdivision17three of this section shall file an application for authorization under18this section with the podiatry practice committee. In such application19he or she shall agree to refrain from subsequently treating for remuner-20ation, as a private patient, any person seeking podiatry treatment, or21submitting to an independent medical examination, in connection with, or22as a result of, any injury compensable under this chapter, if he or she23has been removed from the list of podiatrists authorized to render24podiatry care or to conduct independent medical examinations under this25chapter, or if the person seeking such treatment has been transferred26from his or her care in accordance with the provisions of this section.27This agreement shall run to the benefit of the injured person so treated28or examined, and shall be available to him or her as a defense in any29action by such podiatrist for payment for treatment rendered by a podia-30trist after he or she has been removed from the list of podiatrists31authorized to render podiatry care or to conduct independent medical32examinations under this section, or after the injured person was trans-33ferred from his or her care in accordance with the provisions of this34section. The podiatry practice committee if it deems such licensed35podiatrist duly qualified shall recommend to the chair that such podia-36trist be authorized to render podiatry care and/or to conduct independ-37ent medical examinations under this section. Such recommendation shall38be advisory to the chair only and shall not be binding or conclusive39upon him or her.] The chair shall prepare and establish a schedule for 40 the state, or schedules limited to defined localities, of charges and 41 fees for [podiatry] podiatric medical treatment and care, to be deter- 42 mined in accordance with and to be subject to change pursuant to rules 43 promulgated by the chair. Before preparing such schedule for the state 44 or schedules for limited localities the chair shall request the [podia-45try] podiatric medicine practice committee to submit to him or her a 46 report on the amount of remuneration deemed by such committee to be fair 47 and adequate for the types of [podiatry] podiatric medical care to be 48 rendered under this chapter, but consideration shall be given to the 49 view of other interested parties. The amounts payable by the employer 50 for such treatment and services shall be the fees and charges estab- 51 lished by such schedule. 52 (b) Upon receipt of the notice provided for by paragraph (a) of this 53 subdivision, the employer, the carrier and the claimant each shall be 54 entitled to have the claimant examined by a qualified podiatrist author- 55 ized by the chair in accordance with [subdivision two of this] section 56 thirteen-b and section one hundred thirty-seven of this chapter, at aA. 8387--C 11 1 medical facility convenient to the claimant and in the presence of the 2 claimant's podiatrist, and refusal by the claimant to submit to such 3 independent medical examination at such time or times as may reasonably 4 be necessary in the opinion of the board shall bar the claimant from 5 recovering compensation for any period during which he or she has 6 refused to submit to such examination. 7 § 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 8 section 13-l of the workers' compensation law, subdivision 1 as added by 9 chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of 10 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 11 to read as follows: 12 1. Where the term "chairman" is hereinafter used, it shall be deemed 13 to mean the [chairman] chair of the [workmen's] workers' compensation 14 board of the state of New York. 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. [A chiropractor licensed and registered to29practice chiropractic in the state of New York, who is desirous of being30authorized to render chiropractic care under this section and/or to31conduct independent medical examinations in accordance with paragraph32(b) of subdivision three of this section shall file an application for33authorization under this section with the chiropractic practice commit-34tee. In such application he or she shall agree to refrain from subse-35quently treating for remuneration, as a private patient, any person36seeking chiropractic treatment, or submitting to an independent medical37examination, in connection with, or as a result of, any injury compensa-38ble under this chapter, if he or she has been removed from the list of39chiropractors authorized to render chiropractic care or to conduct inde-40pendent medical examinations under this chapter, or if the person seek-41ing such treatment has been transferred from his or her care in accord-42ance with the provisions of this section. This agreement shall run to43the benefit of the injured person so treated, or examined, and shall be44available to him or her as a defense in any action by such chiropractor45for payment rendered by a chiropractor after he or she has been removed46from the list of chiropractors authorized to render chiropractic care or47to conduct independent medical examinations under this section, or after48the injured person was transferred from his or her care in accordance49with the provisions of this section. The chiropractic practice committee50if it deems such licensed chiropractor duly qualified shall recommend to51the chair that such be authorized to render chiropractic care and/or to52conduct independent medical examinations under this section. Such recom-53mendations shall be advisory to the chair only and shall not be binding54or conclusive upon him or her.] The chair shall prepare and establish a 55 schedule for the state, or schedules limited to defined localities of 56 charges and fees for chiropractic treatment and care, to be determinedA. 8387--C 12 1 in accordance with and to be subject to change pursuant to rules promul- 2 gated by the chair. Before preparing such schedule for the state or 3 schedules for limited localities the chair shall request the chiroprac- 4 tic practice committee to submit to him or her a report on the amount of 5 remuneration deemed by such committee to be fair and adequate for the 6 types of chiropractic care to be rendered under this chapter, but 7 consideration shall be given to the view of other interested parties, 8 the amounts payable by the employer for such treatment and services 9 shall be the fees and charges established by such schedule. 10 (b) Upon receipt of the notice provided for by paragraph (a) of this 11 subdivision, the employer, the carrier, and the claimant each shall be 12 entitled to have the claimant examined by a qualified chiropractor 13 authorized by the chair in accordance with [subdivision two of this] 14 section thirteen-b and section one hundred thirty-seven of this chapter 15 at a medical facility convenient to the claimant and in the presence of 16 the claimant's chiropractor, and refusal by the claimant to submit to 17 such independent medical examination at such time or times as may 18 reasonably be necessary in the opinion of the board shall bar the claim- 19 ant from recovering compensation, for any period during which he or she 20 has refused to submit to such examination. 21 § 5. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of 22 section 13-m of the workers' compensation law, subdivisions 1 and 2 as 23 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph 24 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are 25 amended to read as follows: 26 1. Where the term "chairman" is hereinafter used, it shall be deemed 27 to mean the [chairman] chair of the workers' compensation board of the 28 state of New York. 29 2. (a) An injured employee, injured under circumstances which make 30 such injury compensable under this article, may lawfully be treated[,31upon the referral of an authorized physician,] by a psychologist, duly 32 registered and licensed by the state of New York, authorized by the 33 [chairman] chair to render psychological care pursuant to [this] section 34 thirteen-b of this article. Such services shall be within the scope of 35 such psychologist's specialized training and qualifications as defined 36 in article one hundred fifty-three of the education law. 37 (b) Medical bureaus, medical centers jointly operated by labor and 38 management representatives, hospitals and health maintenance organiza- 39 tions, authorized to provide medical care pursuant to section thirteen-c 40 of this [chapter] article, may provide psychological services when 41 required[, upon the referral of an authorized physician, provided such42care is rendered by a duly registered, licensed and authorized psychol-43ogist, as required by this section]. 44 (c) A psychologist rendering service pursuant to this section shall 45 maintain records of the patient's psychological condition and treatment, 46 and such records or reports shall be submitted to the [chairman] chair 47 on such forms and at such times as the [chairman] chair may require. 48 3. [A psychologist, licensed and registered to practice psychology in49the state of New York, who is desirous of being authorized to render50psychological care under this section and/or to conduct independent51medical examinations in accordance with paragraph (b) of subdivision52four of this section shall file an application for authorization under53this section with the psychology practice committee. The applicant shall54agree to refrain from subsequently treating for remuneration, as a55private patient, any person seeking psychological treatment, or submit-56ting to an independent medical examination, in connection with, or as aA. 8387--C 13 1result of, any injury compensable under this chapter, if he or she has2been removed from the list of psychologists authorized to render psycho-3logical care under this chapter. This agreement shall run to the benefit4of the injured person so treated, and shall be available as a defense in5any action by such psychologist for payment for treatment rendered by6such psychologist after being removed from the list of psychologists7authorized to render psychological care or to conduct independent8medical examinations under this section. The psychology practice commit-9tee if it deems such licensed psychologist duly qualified shall recom-10mend to the chair that such person be authorized to render psychological11care and/or to conduct independent medical examinations under this12section. Such recommendations shall be only advisory to the chair and13shall not be binding or conclusive.] The chair shall prepare and estab- 14 lish a schedule for the state or schedules limited to defined localities 15 of charges and fees for psychological treatment and care, to be deter- 16 mined in accordance with and be subject to change pursuant to rules 17 promulgated by the chair. Before preparing such schedule for the state 18 or schedules for limited localities the chair shall request the psychol- 19 ogy practice committee to submit to such chair a report on the amount of 20 remuneration deemed by such committee to be fair and adequate for the 21 types of psychological care to be rendered under this chapter, but 22 consideration shall be given to the view of other interested parties. 23 The amounts payable by the employer for such treatment and services 24 shall be the fees and charges established by such schedule. 25 (b) Upon receipt of the notice provided for by paragraph (a) of this 26 subdivision, the employer, the carrier, and the claimant each shall be 27 entitled to have the claimant examined by a qualified psychologist, 28 authorized by the chair in accordance with [subdivision three of this] 29 section thirteen-b and section one hundred thirty-seven of this chapter, 30 at a medical facility convenient to the claimant and in the presence of 31 the claimant's psychologist, and refusal by the claimant to submit to 32 such independent medical examination at such time or times as may 33 reasonably be necessary in the opinion of the board shall bar the claim- 34 ant from recovering compensation, for any period during which he or she 35 has refused to submit to such examination. 36 § 6. Section 54-b of the workers' compensation law, as amended by 37 chapter 6 of the laws of 2007, is amended to read as follows: 38 § 54-b. Enforcement on failure to pay award or judgment. In case of 39 default by a carrier or self-insured employer in the payment of any 40 compensation due under an award for the period of thirty days after 41 payment is due and payable, or in the case of failure by a carrier or 42 self-insured employer to make full payment of an award for medical care 43 or supplies issued by the board or the chair pursuant to section thir- 44 teen-g of this chapter, the chair in any such case or on the chair's 45 consent any party to an award may file with the county clerk for the 46 county in which the injury occurred or the county in which the carrier 47 or self-insured employer has his or her principal place of business, (1) 48 a certified copy of the decision of the board awarding compensation or 49 ending, diminishing or increasing compensation previously awarded, from 50 which no appeal has been taken within the time allowed therefor, or if 51 an appeal has been taken by a carrier or self-insured employer who has 52 not complied with the provisions of section fifty of this article, where 53 he or she fails to deposit with the chair the amount of the award as 54 security for its payment within ten days after the same is due and paya- 55 ble, or (2) a certified copy of the award for medical care or supplies 56 issued pursuant to section thirteen-g of this chapter, and thereuponA. 8387--C 14 1 judgment must be entered in the supreme court by the clerk of such coun- 2 ty in conformity therewith immediately upon such filing. If the payment 3 in default be an installment, the board may declare the entire award due 4 and judgment may be entered in accordance with the provisions of this 5 section. Such judgment shall be entered in the same manner, have the 6 same effect and be subject to the same proceedings as though rendered in 7 a suit duly heard and determined by the supreme court, except that no 8 appeal may be taken therefrom. The court shall vacate or modify such 9 judgment to conform to any later award or decision of the board upon 10 presentation of a certified copy of such award or decision. The award 11 may be so compromised by the board as in the discretion of the board may 12 best serve the interest of the persons entitled to receive the compen- 13 sation or benefits. Where an award has been made against a carrier or 14 self-insured employer in accordance with the provisions of subdivision 15 nine of section fifteen, or of section twenty-five-a of this chapter, 16 such an award may be similarly compromised by the board, upon notice to 17 a representative of the fund to which the award is payable, but if there 18 be no representative of any such fund, notice shall be given to such 19 representative as may be designated by the chair of the board; and 20 notwithstanding any other provision of law, such compromise shall be 21 effective without the necessity of any approval by the state comp- 22 troller. Neither the chair nor any party in interest shall be required 23 to pay any fee to any public officer for filing or recording any paper 24 or instrument or for issuing a transcript of any judgment executed in 25 pursuance of this section. The carrier or self-insured employer shall be 26 liable for all costs and attorneys fees necessary to enforce the award. 27 For the purposes of this section, the term "carrier" shall include the 28 state insurance fund and any stock corporation, mutual corporation or 29 reciprocal insurer authorized to transact the business of workers' 30 compensation insurance in this state. 31 § 7. This act shall take effect on the ninetieth day after it shall 32 have become a law.