Bill Text: NY S00343 | 2019-2020 | General Assembly | Introduced
Bill Title: Extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S00343 Detail]
Download: New_York-2019-S00343-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 343 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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 in17such county, the chair shall designate a board of three outstanding18physicians, who shall make the requisite recommendations.19No such authorization shall be made in the absence of a recommendation20of the appropriate society or board or of a review and recommendation by21the medical appeals unit.] No person shall render medical care or 22 conduct independent medical examinations under this chapter without such 23 authorization by the chair[, provided, that: (a)]. As used in this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05172-01-9S. 343 2 1 title, the following definitions shall have the following meanings 2 unless their context requires otherwise: 3 (a) "Acupuncturist" shall mean licensed as having completed a formal 4 course of study and having passed an examination in accordance with the 5 education law, the regulations of the commissioner of education, and the 6 requirements of the board of regents. Acupuncturists are required by the 7 education law to advise, in writing, each patient of the requirement 8 that he or she consult with a physician for the condition or conditions 9 necessitating acupuncture care, as prescribed by the education law. 10 (b) "Chair" of the board shall mean either the chair or the chair's 11 designee. 12 (c) "Chiropractor" shall mean licensed and having completed two years 13 of preprofessional college study and a four-year resident program in 14 chiropractic in accordance with the education law, and consistent with 15 the licensing requirements of the commissioner of education. 16 (d) "Dentist" shall mean licensed and having completed a four-year 17 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent 18 degree, in accordance with the education law and the licensing require- 19 ments of the commissioner of education. 20 (e) "Employer" shall mean a self-insured employer or, if insured, the 21 insurance carrier. 22 (f) "Independent medical examination" shall mean an examination 23 performed by a medical provider, authorized under this section to 24 perform such examination, for the purpose of examining or evaluating 25 injury or illness pursuant to paragraph (b) of subdivision four of 26 section thirteen-a and section one hundred thirty-seven of this chapter 27 and as more fully set forth in regulation. 28 (g) "Nurse practitioner" shall mean a licensed registered professional 29 nurse certified pursuant to section sixty-nine hundred ten of the educa- 30 tion law. 31 (h) "Occupational therapist" shall mean licensed as having a bach- 32 elor's or master's degree in occupational therapy from a registered 33 program with the education department or receipt of a diploma or degree 34 resulting from completion of not less than four years of postsecondary 35 study, which includes the professional study of occupational therapy in 36 accordance with the education law and the regulations of the commission- 37 er of education. 38 (i) "Physical therapist" shall mean licensed as having completed a 39 master's degree or higher in physical therapy in accordance with the 40 education law and the licensing requirements of the commissioner of 41 education. 42 (j) "Physician" shall mean licensed with a degree of doctor of medi- 43 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent 44 degree in accordance with the education law and the licensing require- 45 ments of the state board of medicine and the regulations of the commis- 46 sioner of education. 47 (k) "Physician assistant" shall mean a licensed provider who has grad- 48 uated from a two- to four-year state-approved physician assistant 49 program, has passed a licensing examination, and whose actions and 50 duties are within the scope of practice of the supervising physician, in 51 accordance with the education law and the regulations of the commission- 52 er of education. 53 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as 54 having received a doctoral degree in podiatric medicine in accordance 55 with the regulations of the commissioner of education and the educationS. 343 3 1 law, and must satisfactorily meet all other requirements of the state 2 board for podiatric medicine. 3 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 4 independent medical examiner, nurse practitioner, physical therapist, 5 physician, physician assistant, podiatrist, psychologist, or social 6 worker authorized by the chair. 7 (n) "Psychologist" shall mean licensed as having received a doctoral 8 degree in psychology from a program of psychology registered with the 9 state education department or the substantial equivalent thereof in 10 accordance with the education law, the requirements of the state board 11 for psychology, and the regulations of the commissioner of education. 12 (o) "Social worker" shall mean a licensed clinical social worker. A 13 licensed clinical social worker has completed a master's degree of 14 social work that includes completion of a core curriculum of at least 15 twelve credit hours of clinical courses or the equivalent post-graduate 16 clinical coursework, in accordance with the education law and the regu- 17 lations of the commissioner of education. 18 2. Any [physician] provider licensed [to practice medicine] pursuant 19 to the education law to provide medical care and treatment in the state 20 of New York may render emergency [medical] care and treatment in an 21 emergency hospital or urgent care setting providing emergency treatment 22 under this chapter without authorization by the chair under this 23 section; [and24(b)] (a) Such licensed [physician] provider as identified in this 25 subdivision who is [a member of a constituted medical staff of any26hospital] on staff at any hospital or urgent care center providing emer- 27 gency treatment may [render] continue such medical care under this chap- 28 ter while an injured employee remains a patient in such hospital or 29 urgent care setting; and 30 [(c)] (b) Under the [active and personal] direct supervision of an 31 authorized [physician] provider, medical care may be rendered by a 32 registered nurse or other person trained in laboratory or diagnostic 33 techniques within the scope of such person's specialized training and 34 qualifications. This supervision shall be evidenced by signed records of 35 instructions for treatment and signed records of the patient's condition 36 and progress. Reports of such treatment and supervision shall be made by 37 such [physician] provider to the chair [on such forms and] in the format 38 prescribed by the chair at such times as the chair may require. 39 [(d) Upon the referral which may be directive as to treatment of an40authorized physician physical therapy care may be rendered by a duly41licensed physical therapist. Where physical therapy care is rendered42records of the patient's condition and progress, together with records43of instruction for treatment, if any, shall be maintained by the phys-44ical therapist and physician. Said records shall be submitted to the45chair on such forms and at such times as the chair may require.46(e) Upon the prescription or referral of an authorized physician occu-47pational therapy care may be rendered by a duly licensed occupational48therapist. Where occupational therapy care is rendered records of the49patient's condition and progress, together with records of instruction50for treatment, if any shall be maintained by the occupational therapist51and physician. Said records shall be submitted to the chair on forms and52at such times as the chair may require.53(f)] (c) Where it would place an unreasonable burden upon the employer 54 or carrier to arrange for, or for the claimant to attend, an independent 55 medical examination by an authorized [physician] provider, the employer 56 or carrier shall arrange for such examination to be performed by a qual-S. 343 4 1 ified [physician] provider in a medical facility convenient to the 2 claimant. 3 [2.] (d) Upon the prescription or referral of an authorized physician, 4 or nurse practitioner acting within the scope of his or her practice, 5 care or treatment may be rendered to an injured employee by an author- 6 ized physical therapist, occupational therapist or acupuncturist 7 provided the conditions and the treatment performed are among the condi- 8 tions that the physical therapist, occupational therapist or acupunctu- 9 rist is authorized to treat pursuant to the education law or the regu- 10 lations of the commissioner of education. Where any such care or 11 treatment is rendered, records of the patient's condition and progress, 12 together with records of instruction for treatment, if any, shall be 13 maintained by the physical therapist, occupational therapist or acupunc- 14 turist rendering treatment and by the referring physician or nurse prac- 15 titioner. Said records shall be submitted to the chair on forms and at 16 such times as the chair may require. 17 (e) A record, report or opinion of a physical therapist, occupational 18 therapist, acupuncturist or physician assistant shall not be considered 19 as evidence of the causal relationship of any condition to a work 20 related accident or occupational disease under this chapter. Nor may a 21 record, report or opinion of a physical therapist, occupational thera- 22 pist or acupuncturist be considered evidence of disability. Nor may a 23 record, report or opinion of a physician assistant be considered 24 evidence of the presence of a permanent or initial disability or the 25 degree thereof. Nor may a physical therapist, occupational therapist, 26 acupuncturist or physician assistant perform an independent medical 27 examination concerning a claim under this chapter. 28 (f) A nurse practitioner, or licensed certified social worker, may 29 perform an independent medical examination on behalf of an employer only 30 to the extent that the examination concerns treatment rendered by an 31 identical provider type, but may not perform an independent medical 32 examination on behalf of the employer concerning (1) the causal 33 relationship of any condition to a work related accident or occupational 34 disease under this chapter or (2) the presence of a disability or the 35 degree thereof. 36 3. A [physician licensed to practice medicine in the state of New York37who is] provider properly licensed or certified pursuant to the regu- 38 lations of the commissioner of education and the requirements of the 39 education law desirous of being authorized to render medical care under 40 this chapter and/or to conduct independent medical examinations in 41 accordance with paragraph (b) of subdivision four of section thirteen-a 42 and section one hundred thirty-seven of this chapter shall file an 43 application for authorization under this chapter with the [medical soci-44ety in the county in which his or her office is located, or with a board45designated by such society, or with a board designated by the chair as46provided in this section. In such application the applicant shall state47his or her training and qualifications, and shall agree to limit his or48her professional activities under this chapter to such medical care and49independent medical examinations, as his or her experience and training50qualify him or her to render. The applicant shall further agree to51refrain] chair or chair's designee. Prior to receiving authorization, a 52 physician must, together with submission of an application to the chair, 53 submit such application to the medical society of the county in which 54 the physician's office is located or of a board designated by such coun- 55 ty society or of a board representing duly licensed physicians of any 56 other school of medical practice in such county, and submit the recom-S. 343 5 1 mendation to the board. In the event such county society or board fails 2 to take action upon a physician's application within forty-five days, 3 the chair may complete review of the application without such approval. 4 Upon approval of the application by the chair or the chair's designee, 5 the applicant shall further agree to refrain from subsequently treating 6 for remuneration, as a private patient, any person seeking medical 7 treatment, or submitting to an independent medical examination, in 8 connection with, or as a result of, any injury compensable under this 9 chapter, if he or she has been removed from the list of [physicians] 10 providers authorized to render medical care or to conduct independent 11 medical examinations under this chapter, or if the person seeking such 12 treatment, or submitting to an independent medical examination, has been 13 transferred from his or her care in accordance with the provisions of 14 this chapter. This agreement shall run to the benefit of the injured 15 person so treated or examined, and shall be available to him or her as a 16 defense in any action by such [physician] provider for payment for 17 treatment rendered by a [physician] provider after he or she has been 18 removed from the list of [physicians] providers authorized to render 19 medical care or to conduct independent medical examinations under this 20 chapter, or after the injured person was transferred from his or her 21 care in accordance with the provisions of this chapter. [The medical22society or the board designated by it, or the board as otherwise23provided under this section, if it deems such licensed physician duly24qualified, shall recommend to the chair that such physician be author-25ized to render medical care and/or conduct independent medical examina-26tions under this chapter, and such recommendation and authorization27shall specify the character of the medical care or independent medical28examination which such physician is qualified and authorized to render29under this chapter. Such recommendations shall be advisory to the chair30only and shall not be binding or conclusive upon him or her. The31licensed physician may present to the medical society or board,32evidences of additional qualifications at any time subsequent to his or33her original application. If the medical society or board fails to34recommend to the chair that a physician be authorized to render medical35care and/or to conduct independent medical examinations under this chap-36ter, the physician may appeal to the medical appeals unit. The medical37society or the board designated by it, or the board as otherwise38provided under this section, may upon its own initiative, or shall upon39request of the chair, review at any time the qualifications of any40physician as to the character of the medical care or independent medical41examinations which such physician has theretofore been authorized to42render under this chapter and may recommend to the chair that such43physician be authorized to render medical care or to conduct independent44medical examinations thereafter of the character which such physician is45then qualified to render. On such advisory recommendation the chair may46review and after reasonable investigation may revise the authorization47of a physician in respect to the character of medical care and/or to48conduct independent medical examinations which he or she is authorized49to render. If the medical society or board recommends to the chair that50a physician be authorized to render medical care and/or to conduct inde-51pendent medical examinations under this chapter of a character different52from the character of medical care or independent medical examinations53he or she has been theretofore authorized to render, such physician may54appeal from such recommendation to the medical appeals unit.553.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- 56 ment or in physiotherapy or other therapeutic procedures and whichS. 343 6 1 participate in the diagnosis or treatment of injured [workmen] workers 2 under this chapter shall be operated or supervised by [qualified physi-3cians duly] providers authorized under this chapter and shall be subject 4 to the provisions of section thirteen-c of this article. The person in 5 charge of diagnostic clinical laboratories duly authorized under this 6 chapter shall possess the qualifications established by the public 7 health and health planning council for approval by the state commission- 8 er of health or, in the city of New York, the qualifications approved by 9 the board of health of said city and shall maintain the standards of 10 work required for such approval. 11 § 2. Section 13-g of the workers' compensation law, as added by chap- 12 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of 13 the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part 14 GG of chapter 57 of the laws of 2013, subdivision 4 as amended by 15 section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as 16 amended by chapter 578 of the laws of 1959 and subdivision 6 as amended 17 by chapter 639 of the laws of 1996, is amended to read as follows: 18 § 13-g. Payment of bills for medical care. (1) Within forty-five days 19 after a bill for medical care or supplies delivered pursuant to section 20 thirteen of this article has been rendered to the employer [by the21hospital, physician or self-employed physical or occupational therapist22who has rendered treatment pursuant to a referral from the injured23employee's authorized physician or authorized podiatrist for treatment24to the injured employee], such employer must pay the bill or notify the 25 [hospital, physician or self-employed physical or occupational therapist26in writing] medical care provider or supplier in the format prescribed 27 by the chair that the bill is not being paid and explain the reasons for 28 non-payment. In the event that the employer fails to make payment or 29 notify the [hospital, physician or self-employed physical or occupa-30tional therapist] medical care provider or supplier within such forty- 31 five day period that payment is not being made, the [hospital, physi-32cian, self-employed physical therapist or self-employed occupational33therapist] medical care provider or supplier may notify the board in the 34 format prescribed by the chair [in writing] that the bill has not been 35 paid and request that the board make an award for payment of such bill. 36 The board or the chair may make an award not in excess of the estab- 37 lished fee schedules for any such bill or part thereof which remains 38 unpaid after said forty-five day period or thirty days after all other 39 questions duly and timely raised in accordance with the provisions of 40 this chapter, relating to the employer's liability for the payment of 41 such amount, shall have been finally determined adversely to the employ- 42 er, whichever is later, in accordance with rules promulgated by the 43 chair, and such award may be collected in like manner as an award of 44 compensation. The chair shall assess the sum of fifty dollars against 45 the employer for each such award made by the board, which sum shall be 46 paid into the state treasury. 47 In the event that the employer has provided an explanation in writing 48 why the bill has not been paid, in part or in full, within the aforesaid 49 time period, and the parties can not agree as to the value of medical 50 aid rendered under this chapter, such value shall be decided by arbi- 51 tration [if requested by the hospital, physician or self-employed phys-52ical or occupational therapist, in accordance with the provisions of53subdivision two or subdivision three of this section, as appropriate,54and] as set forth in rules and regulations promulgated by the chair. 55 Where a [physician, physical or occupational therapist] bill for 56 medical care or supplies has been determined to be due and owing inS. 343 7 1 accordance with the provisions of this section the board shall include 2 in the amount of the award interest of not more than one and one-half 3 [per cent] percent (1 1/2%) per month payable to the [physician, phys-4ical or occupational therapist] medical care provider or supplier, in 5 accordance with the rules and regulations promulgated by the board. 6 Interest shall be calculated from the forty-fifth day after the bill was 7 rendered or from the thirtieth day after all other questions duly and 8 timely raised in accordance with the provisions of this chapter, relat- 9 ing to the employer's liability for the payment of such amount, shall 10 have been finally determined adversely to the employer, whichever is 11 later, in accordance with rules promulgated by the chair. 12 (2) (a) If the parties fail to agree to the value of medical aid 13 rendered under this chapter and the amount of the disputed bill is one 14 thousand dollars or less, or if the amount of the disputed medical bill 15 exceeds one thousand dollars and the [health] medical care provider or 16 supplier expressly so requests, such value shall be decided by a single 17 arbitrator process, pursuant to rules promulgated by the chair. [The18chair shall appoint a physician who is a member in good standing of the19medical society of the state of New York to determine the value of such20disputed medical bill. Where the physician whose charges are being21arbitrated is a member in good standing of the New York osteopathic22society, the value of such disputed bill shall be determined by a member23in good standing of the New York osteopathic society appointed by the24chair. Where the physician whose charges are being arbitrated is a25member in good standing of the New York homeopathic society, the value26of such disputed bill shall be determined by a member in good standing27of the New York homeopathic society appointed by the chair. Where the28value of physical therapy services or occupational therapy services is29at issue, such value shall be determined by a member in good standing of30a recognized professional association representing its respective31profession in the state of New York appointed by the chair.] Decisions 32 rendered under the single arbitrator process shall be conclusive upon 33 the parties as to the value of the services in dispute. 34 (b) If the parties fail to agree as to the value of medical aid 35 rendered under this chapter and the amount of the disputed bill exceeds 36 one thousand dollars, such value shall be decided by an arbitration 37 committee unless the [health] medical care provider or supplier express- 38 ly requests a single arbitrator process in accordance with paragraph (a) 39 of this subdivision. The arbitration committee shall [consist of one40physician designated by the president of the medical society of the41county in which the medical services were rendered, one physician who is42a member of the medical society of the state of New York, appointed by43the employer or carrier, and one physician, also a member of the medical44society of the state of New York, appointed by the chair of the workers'45compensation board. If the physician whose charges are being arbitrated46is a member in good standing of the New York osteopathic society or the47New York homeopathic society, the members of such arbitration committee48shall be physicians of such organization, one to be appointed by the49president of that organization, one by the employer or carrier and the50third by the chair of the workers' compensation board. Where the value51of physical therapy services is at issue and the amount of the disputed52bill exceeds one thousand dollars, the arbitration committee shall53consist of a member in good standing of a recognized professional asso-54ciation representing physical therapists in the state of New York55appointed by the president of such organization, a physician designated56by the employer or carrier and a physician designated by the chair ofS. 343 8 1the workers' compensation board provided however, that the chair finds2that there are a sufficient number of physical therapy arbitrations in a3geographical area comprised of one or more counties to warrant a commit-4tee so comprised. In all other cases where the value of physical therapy5services is at issue and the amount of the disputed bill exceeds one6thousand dollars, the arbitration committee shall be similarly selected7and identical in composition, provided that the physical therapist8member shall serve without remuneration, and provided further that in9the event a physical therapist is not available, the committee shall be10comprised of three physicians designated in the same manner as in cases11where the value of medical aid is at issue.12(c) Where the value of occupational therapy services is at issue the13arbitration committee shall consist of a member in good standing of a14recognized professional association representing occupational therapists15in the state of New York appointed by the president of such organiza-16tion; a physician designated by the employer or carrier and a physician17designated by the chair of the workers' compensation board provided,18however, that the chair finds that there are a sufficient number of19occupational therapy arbitrations in a geographical area comprised of20one or more counties to warrant a committee so comprised. In all other21cases where the value of occupational therapy services is at issue and22the amount of the disputed bill exceeds one thousand dollars, the arbi-23tration committee shall be similarly selected and identical in composi-24tion, provided that the occupational therapist member shall serve with-25out remuneration, and provided further that in the event an occupational26therapist is not available, the committee shall be comprised of three27physicians designated in the same manner as in cases where the value of28medical aid is at issue.] have three members designated by the chair in 29 consultation with the medical director's office of the workers' compen- 30 sation board. The majority decision of any such arbitration committee 31 shall be conclusive upon the parties as to the value of the services in 32 dispute. 33 (3) [(a) If an employer shall have notified the hospital in writing,34as provided in subdivision one of this section, why the bill has not35been paid, in part or in full, and the amount of the disputed bill is36one thousand dollars or less, or where the amount of the disputed37medical bill exceeds one thousand dollars and the hospital expressly so38requests, such value shall be decided by a single arbitrator process,39pursuant to rules promulgated by the chair. The chair shall appoint a40physician in good standing licensed to practice in New York state to41determine the value of such disputed bill. Decisions rendered under the42administrative resolution procedure shall be conclusive upon the parties43as to the value of the services in dispute.44(b) If an employer shall have notified the hospital in writing, as45provided in subdivision one of this section, why the bill has not been46paid, in part or in full, and the amount of the disputed bill exceeds47one thousand dollars, the value of such bill shall be determined by an48arbitration committee appointed by the chair for that purpose, which49committee shall consider all of the charges of the hospital, unless the50hospital expressly requests a single arbitrator process pursuant to51paragraph (a) of this subdivision. The committee shall consist of three52physicians. One member of the committee may be nominated by the chair53upon recommendation of the president of the hospital association of New54York state and one member may be nominated by the employer or insurance55carrier. The majority decision of any such committee shall be conclusive56upon the parties as to the value of the services rendered. The chair mayS. 343 9 1make reasonable rules and regulations consistent with the provisions of2this section.3(4)] A provider or supplier initiating an arbitration, including a 4 single arbitrator process, pursuant to this section shall not pay a fee 5 to cover the costs related to the conduct of such arbitration. [Each6member of an arbitration committee for medical bills, and each member of7an arbitration committee for hospital bills shall be entitled to receive8and shall be paid a fee for each day's attendance at an arbitration9session in any one count in an amount fixed by the chair of the workers'10compensation board.11(5)] (4) In claims where the employer has failed to secure compen- 12 sation to his employees as required by section fifty of this chapter, 13 the board may make an award for the value of medical [and podiatry] 14 services, supplies or treatment rendered to such employees, in accord- 15 ance with the schedules of fees and charges prepared and established 16 under the provisions of [section thirteen, subdivision a, and section17thirteen-k, subdivision two, of] this chapter[, and for the reasonable18value of hospital care in accordance with the charges currently in force19in hospitals in the same community for cases coming within the20provisions of this chapter]. Such award shall be made to the [physician,21podiatrist, or hospital] medical care provider or supplier entitled 22 thereto. A default in the payment of such award may be enforced in the 23 manner provided for the enforcement of compensation awards as set forth 24 in section twenty-six of this [chapter] article. 25 In all cases coming under this subdivision the payment of the claim 26 [of the physician, podiatrist, or hospital for medical, podiatry, or27surgical services or treatment] for medical care or supplies shall be 28 subordinate to that of the claimant or his or her beneficiaries. 29 [(6) Notwithstanding any inconsistent provision of law, arbitration30regarding payments for inpatient hospital services for any patient31discharged on or after January first, nineteen hundred ninety-one and32prior to December thirty-first, nineteen hundred ninety-six shall be33resolved in accordance with paragraph (d) of subdivision three of34section twenty-eight hundred seven-c of the public health law.] 35 § 3. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 36 section 13-k of the workers' compensation law, subdivision 1 as added by 37 chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of 38 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 39 to read as follows: 40 1. When the term "chairman" is hereinafter used, it shall be deemed to 41 mean the [chairman] chair of the [workmen's] workers' compensation board 42 of the state of New York. 43 2. An employee injured under circumstances which make such injury 44 compensable under this article, when care is required for an injury to 45 the foot which injury or resultant condition therefrom may lawfully be 46 treated by a duly registered and licensed podiatrist of the state of New 47 York, may select to treat him or her any podiatrist authorized by the 48 chair to render [podiatry] podiatric medical care, as hereinafter 49 provided. If the injury or condition is one which is without the limits 50 prescribed by the education law for [podiatry] podiatric medical care 51 and treatment, or the injuries involved affect other parts of the body 52 in addition to the foot, the said podiatrist must so advise the said 53 injured employee and instruct him or her to consult a physician of said 54 employee's choice for appropriate care and treatment. Such physician 55 shall thenceforth have overall supervision of the treatment of said 56 patient including the future treatment to be administered to the patientS. 343 10 1 by the podiatrist. If for any reason during the period when [podiatry] 2 podiatric medical treatment and care is required, the employee wishes to 3 transfer his or her treatment and care to another authorized podiatrist 4 he or she may do so, in accordance with rules prescribed by the chair, 5 provided however that the employer shall be liable for the proper fees 6 of the original podiatrist for the care and treatment he or she shall 7 have rendered. [A podiatrist licensed and registered to practice podia-8try in the state of New York who is desirous of being authorized to9render podiatry care under this section and/or to conduct independent10medical examinations in accordance with paragraph (b) of subdivision11three of this section shall file an application for authorization under12this section with the podiatry practice committee. In such application13he or she shall agree to refrain from subsequently treating for remuner-14ation, as a private patient, any person seeking podiatry treatment, or15submitting to an independent medical examination, in connection with, or16as a result of, any injury compensable under this chapter, if he or she17has been removed from the list of podiatrists authorized to render18podiatry care or to conduct independent medical examinations under this19chapter, or if the person seeking such treatment has been transferred20from his or her care in accordance with the provisions of this section.21This agreement shall run to the benefit of the injured person so treated22or examined, and shall be available to him or her as a defense in any23action by such podiatrist for payment for treatment rendered by a podia-24trist after he or she has been removed from the list of podiatrists25authorized to render podiatry care or to conduct independent medical26examinations under this section, or after the injured person was trans-27ferred from his or her care in accordance with the provisions of this28section. The podiatry practice committee if it deems such licensed29podiatrist duly qualified shall recommend to the chair that such podia-30trist be authorized to render podiatry care and/or to conduct independ-31ent medical examinations under this section. Such recommendation shall32be advisory to the chair only and shall not be binding or conclusive33upon him or her.] The chair shall prepare and establish a schedule for 34 the state, or schedules limited to defined localities, of charges and 35 fees for [podiatry] podiatric medical treatment and care, to be deter- 36 mined in accordance with and to be subject to change pursuant to rules 37 promulgated by the chair. Before preparing such schedule for the state 38 or schedules for limited localities the chair shall request the [podia-39try] podiatric medicine practice committee to submit to him or her a 40 report on the amount of remuneration deemed by such committee to be fair 41 and adequate for the types of [podiatry] podiatric medical care to be 42 rendered under this chapter, but consideration shall be given to the 43 view of other interested parties. The amounts payable by the employer 44 for such treatment and services shall be the fees and charges estab- 45 lished by such schedule. 46 (b) Upon receipt of the notice provided for by paragraph (a) of this 47 subdivision, the employer, the carrier and the claimant each shall be 48 entitled to have the claimant examined by a qualified podiatrist author- 49 ized by the chair in accordance with [subdivision two of this] section 50 thirteen-b and section one hundred thirty-seven of this chapter, at a 51 medical facility convenient to the claimant and in the presence of the 52 claimant's podiatrist, and refusal by the claimant to submit to such 53 independent medical examination at such time or times as may reasonably 54 be necessary in the opinion of the board shall bar the claimant from 55 recovering compensation for any period during which he or she has 56 refused to submit to such examination.S. 343 11 1 § 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 2 section 13-l of the workers' compensation law, subdivision 1 as added by 3 chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of 4 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 5 to read as follows: 6 1. Where the term "chairman" is hereinafter used, it shall be deemed 7 to mean the [chairman] chair of the [workmen's] workers' compensation 8 board of the state of New York. 9 2. An employee injured under circumstances which make such injury 10 compensable under this article, when care is required for an injury 11 which consists solely of a condition which may lawfully be treated by a 12 chiropractor as defined in section sixty-five hundred fifty-one of the 13 education law may select to treat him or her, any duly registered and 14 licensed chiropractor of the state of New York, authorized by the chair 15 to render chiropractic care as hereinafter provided. If the injury or 16 condition is one which is outside the limits prescribed by the education 17 law for chiropractic care and treatment, the said chiropractor must so 18 advise the said injured employee and instruct him or her to consult a 19 physician of said employee's choice for appropriate care and treatment. 20 Such physician shall thenceforth have supervision of the treatment of 21 said condition including the future treatment to be administered to the 22 patient by the chiropractor. [A chiropractor licensed and registered to23practice chiropractic in the state of New York, who is desirous of being24authorized to render chiropractic care under this section and/or to25conduct independent medical examinations in accordance with paragraph26(b) of subdivision three of this section shall file an application for27authorization under this section with the chiropractic practice commit-28tee. In such application he or she shall agree to refrain from subse-29quently treating for remuneration, as a private patient, any person30seeking chiropractic treatment, or submitting to an independent medical31examination, in connection with, or as a result of, any injury compensa-32ble under this chapter, if he or she has been removed from the list of33chiropractors authorized to render chiropractic care or to conduct inde-34pendent medical examinations under this chapter, or if the person seek-35ing such treatment has been transferred from his or her care in accord-36ance with the provisions of this section. This agreement shall run to37the benefit of the injured person so treated, or examined, and shall be38available to him or her as a defense in any action by such chiropractor39for payment rendered by a chiropractor after he or she has been removed40from the list of chiropractors authorized to render chiropractic care or41to conduct independent medical examinations under this section, or after42the injured person was transferred from his or her care in accordance43with the provisions of this section. The chiropractic practice committee44if it deems such licensed chiropractor duly qualified shall recommend to45the chair that such be authorized to render chiropractic care and/or to46conduct independent medical examinations under this section. Such recom-47mendations shall be advisory to the chair only and shall not be binding48or conclusive upon him or her.] The chair shall prepare and establish a 49 schedule for the state, or schedules limited to defined localities of 50 charges and fees for chiropractic treatment and care, to be determined 51 in accordance with and to be subject to change pursuant to rules promul- 52 gated by the chair. Before preparing such schedule for the state or 53 schedules for limited localities the chair shall request the chiroprac- 54 tic practice committee to submit to him or her a report on the amount of 55 remuneration deemed by such committee to be fair and adequate for the 56 types of chiropractic care to be rendered under this chapter, butS. 343 12 1 consideration shall be given to the view of other interested parties, 2 the amounts payable by the employer for such treatment and services 3 shall be the fees and charges established by such schedule. 4 (b) Upon receipt of the notice provided for by paragraph (a) of this 5 subdivision, the employer, the carrier, and the claimant each shall be 6 entitled to have the claimant examined by a qualified chiropractor 7 authorized by the chair in accordance with [subdivision two of this] 8 section thirteen-b and section one hundred thirty-seven of this chapter 9 at a medical facility convenient to the claimant and in the presence of 10 the claimant's chiropractor, and refusal by the claimant to submit to 11 such independent medical examination at such time or times as may 12 reasonably be necessary in the opinion of the board shall bar the claim- 13 ant from recovering compensation, for any period during which he or she 14 has refused to submit to such examination. 15 § 5. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of 16 section 13-m of the workers' compensation law, subdivisions 1 and 2 as 17 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph 18 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are 19 amended to read as follows: 20 1. Where the term "chairman" is hereinafter used, it shall be deemed 21 to mean the [chairman] chair of the workers' compensation board of the 22 state of New York. 23 2. (a) An injured employee, injured under circumstances which make 24 such injury compensable under this article, may lawfully be treated[,25upon the referral of an authorized physician,] by a psychologist, duly 26 registered and licensed by the state of New York, authorized by the 27 [chairman] chair to render psychological care pursuant to [this] section 28 thirteen-b of this article. Such services shall be within the scope of 29 such psychologist's specialized training and qualifications as defined 30 in article one hundred fifty-three of the education law. 31 (b) Medical bureaus, medical centers jointly operated by labor and 32 management representatives, hospitals and health maintenance organiza- 33 tions, authorized to provide medical care pursuant to section thirteen-c 34 of this [chapter] article, may provide psychological services when 35 required[, upon the referral of an authorized physician, provided such36care is rendered by a duly registered, licensed and authorized psychol-37ogist, as required by this section]. 38 (c) A psychologist rendering service pursuant to this section shall 39 maintain records of the patient's psychological condition and treatment, 40 and such records or reports shall be submitted to the [chairman] chair 41 on such forms and at such times as the [chairman] chair may require. 42 3. [A psychologist, licensed and registered to practice psychology in43the state of New York, who is desirous of being authorized to render44psychological care under this section and/or to conduct independent45medical examinations in accordance with paragraph (b) of subdivision46four of this section shall file an application for authorization under47this section with the psychology practice committee. The applicant shall48agree to refrain from subsequently treating for remuneration, as a49private patient, any person seeking psychological treatment, or submit-50ting to an independent medical examination, in connection with, or as a51result of, any injury compensable under this chapter, if he or she has52been removed from the list of psychologists authorized to render psycho-53logical care under this chapter. This agreement shall run to the benefit54of the injured person so treated, and shall be available as a defense in55any action by such psychologist for payment for treatment rendered by56such psychologist after being removed from the list of psychologistsS. 343 13 1authorized to render psychological care or to conduct independent2medical examinations under this section. The psychology practice commit-3tee if it deems such licensed psychologist duly qualified shall recom-4mend to the chair that such person be authorized to render psychological5care and/or to conduct independent medical examinations under this6section. Such recommendations shall be only advisory to the chair and7shall not be binding or conclusive.] The chair shall prepare and estab- 8 lish a schedule for the state or schedules limited to defined localities 9 of charges and fees for psychological treatment and care, to be deter- 10 mined in accordance with and be subject to change pursuant to rules 11 promulgated by the chair. Before preparing such schedule for the state 12 or schedules for limited localities the chair shall request the psychol- 13 ogy practice committee to submit to such chair a report on the amount of 14 remuneration deemed by such committee to be fair and adequate for the 15 types of psychological care to be rendered under this chapter, but 16 consideration shall be given to the view of other interested parties. 17 The amounts payable by the employer for such treatment and services 18 shall be the fees and charges established by such schedule. 19 (b) Upon receipt of the notice provided for by paragraph (a) of this 20 subdivision, the employer, the carrier, and the claimant each shall be 21 entitled to have the claimant examined by a qualified psychologist, 22 authorized by the chair in accordance with [subdivision three of this] 23 section thirteen-b and section one hundred thirty-seven of this chapter, 24 at a medical facility convenient to the claimant and in the presence of 25 the claimant's psychologist, and refusal by the claimant to submit to 26 such independent medical examination at such time or times as may 27 reasonably be necessary in the opinion of the board shall bar the claim- 28 ant from recovering compensation, for any period during which he or she 29 has refused to submit to such examination. 30 § 6. Section 54-b of the workers' compensation law, as amended by 31 chapter 6 of the laws of 2007, is amended to read as follows: 32 § 54-b. Enforcement on failure to pay award or judgment. In case of 33 default by a carrier or self-insured employer in the payment of any 34 compensation due under an award for the period of thirty days after 35 payment is due and payable, or in the case of failure by a carrier or 36 self-insured employer to make full payment of an award for medical care 37 or supplies issued by the board or the chair pursuant to section thir- 38 teen-g of this chapter, the chair in any such case or on the chair's 39 consent any party to an award may file with the county clerk for the 40 county in which the injury occurred or the county in which the carrier 41 or self-insured employer has his or her principal place of business, (1) 42 a certified copy of the decision of the board awarding compensation or 43 ending, diminishing or increasing compensation previously awarded, from 44 which no appeal has been taken within the time allowed therefor, or if 45 an appeal has been taken by a carrier or self-insured employer who has 46 not complied with the provisions of section fifty of this article, where 47 he or she fails to deposit with the chair the amount of the award as 48 security for its payment within ten days after the same is due and paya- 49 ble, or (2) a certified copy of the award for medical care or supplies 50 issued pursuant to section thirteen-g of this chapter, and thereupon 51 judgment must be entered in the supreme court by the clerk of such coun- 52 ty in conformity therewith immediately upon such filing. If the payment 53 in default be an installment, the board may declare the entire award due 54 and judgment may be entered in accordance with the provisions of this 55 section. Such judgment shall be entered in the same manner, have the 56 same effect and be subject to the same proceedings as though rendered inS. 343 14 1 a suit duly heard and determined by the supreme court, except that no 2 appeal may be taken therefrom. The court shall vacate or modify such 3 judgment to conform to any later award or decision of the board upon 4 presentation of a certified copy of such award or decision. The award 5 may be so compromised by the board as in the discretion of the board may 6 best serve the interest of the persons entitled to receive the compen- 7 sation or benefits. Where an award has been made against a carrier or 8 self-insured employer in accordance with the provisions of subdivision 9 nine of section fifteen, or of section twenty-five-a of this chapter, 10 such an award may be similarly compromised by the board, upon notice to 11 a representative of the fund to which the award is payable, but if there 12 be no representative of any such fund, notice shall be given to such 13 representative as may be designated by the chair of the board; and 14 notwithstanding any other provision of law, such compromise shall be 15 effective without the necessity of any approval by the state comp- 16 troller. Neither the chair nor any party in interest shall be required 17 to pay any fee to any public officer for filing or recording any paper 18 or instrument or for issuing a transcript of any judgment executed in 19 pursuance of this section. The carrier or self-insured employer shall be 20 liable for all costs and attorneys fees necessary to enforce the award. 21 For the purposes of this section, the term "carrier" shall include the 22 state insurance fund and any stock corporation, mutual corporation or 23 reciprocal insurer authorized to transact the business of workers' 24 compensation insurance in this state. 25 § 7. This act shall take effect on the ninetieth day after it shall 26 have become a law.
