STATE OF NEW YORK ________________________________________________________________________ 406 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. ROBACH -- 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 authoriz- ing certain care and treatment to injured employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of subdivision (a) of section 13 of 2 the workers' compensation law, as amended by chapter 6 of the laws of 3 2007, is amended to read as follows: 4 The chair shall prepare and establish a schedule for the state, or 5 schedules limited to defined localities, of charges and fees for such 6 medical treatment and care, and including all medical, dental, surgical, 7 optometric or other attendance or treatment, nurse and hospital service, 8 medicine, optometric services, crutches, eye-glasses, false teeth, arti- 9 ficial eyes, orthotics, prosthetic devices, functional assistive and 10 adaptive devices and apparatus in accordance with and to be subject to 11 change pursuant to rules promulgated by the chair. Before preparing such 12 schedule for the state or schedules for limited localities the chair 13 shall request the president of the medical society of the state of New 14 York and the president of the New York state osteopathic medical society 15 to submit to him or her a report on the amount of remuneration deemed by 16 such society to be fair and adequate for the types of medical care to be 17 rendered under this chapter, but consideration shall be given to the 18 view of other interested parties. In the case of physical therapy fees 19 schedules the chair shall request the president of a recognized profes- 20 sional association representing physical therapists in the state of New 21 York to submit to him or her a report on the amount of remuneration 22 deemed by such association to be fair and reasonable for the type of 23 physical therapy services rendered under this chapter, but consideration 24 shall be given to the views of other interested parties. The chair EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02920-01-7S. 406 2 1 shall also prepare and establish a schedule for the state, or schedules 2 limited to defined localities, of charges and fees for outpatient hospi- 3 tal services not covered under the medical fee schedule previously 4 referred to in this subdivision, to be determined in accordance with and 5 to be subject to change pursuant to rules promulgated by the chair. 6 Before preparing such schedule for the state or schedules for limited 7 localities the chair shall request the president of the hospital associ- 8 ation of New York state to submit to him or her a report on the amount 9 of remuneration deemed by such association to be fair and adequate for 10 the types of hospital outpatient care to be rendered under this chapter, 11 but consideration shall be given to the views of other interested 12 parties. In the case of occupational therapy fees schedules the chair 13 shall request the president of a recognized professional association 14 representing occupational therapists in the state of New York to submit 15 to him or her a report on the amount of remuneration deemed by such 16 association to be fair and reasonable for the type of occupational ther- 17 apy services rendered under this chapter, but consideration shall be 18 given to the views of other interested parties. In the case of massage 19 therapy fee schedules the chair shall request the president of a recog- 20 nized professional association representing licensed massage therapists 21 in the state of New York to submit to him or her a report on the amount 22 of remuneration deemed by such association to be fair and reasonable for 23 the type of occupational therapy services rendered under this chapter, 24 but consideration shall be given to the views of other interested 25 parties. The amounts payable by the employer for such treatment and 26 services shall be the fees and charges established by such schedule. 27 Nothing in this schedule, however, shall prevent voluntary payment of 28 amounts higher or lower than the fees and charges fixed therein, but no 29 physician rendering medical treatment or care, and no physical, licensed 30 massage or occupational therapist rendering their respective physical, 31 massage or occupational therapy services may receive payment in any 32 higher amount unless such increased amount has been authorized by the 33 employer, or by decision as provided in section thirteen-g of this arti- 34 cle. Nothing in this section shall be construed as preventing the 35 employment of a duly authorized physician on a salary basis by an 36 authorized compensation medical bureau or laboratory. 37 § 2. Subdivision 1 of section 13-b of the workers' compensation law is 38 amended by adding a new paragraph (g) to read as follows: 39 (g) Upon the prescription or referral of an authorized physician, 40 massage therapy care may be rendered by a duly licensed massage thera- 41 pist. Where massage therapy care is rendered, records of the patient's 42 condition and progress, together with records of instruction for treat- 43 ment, if any shall be maintained by the message therapist and physician. 44 Said records shall be submitted to the chair on forms and at such times 45 as the chair may require. 46 § 3. Subdivision 1 of section 13-g of the workers' compensation law, 47 as amended by chapter 674 of the laws of 1994, is amended to read as 48 follows: 49 (1) Within forty-five days after a bill has been rendered to the 50 employer by the hospital, physician or self-employed physical, licensed 51 massage or occupational therapist who has rendered treatment pursuant to 52 a referral from the injured employee's authorized physician or author- 53 ized podiatrist for treatment to the injured employee, such employer 54 must pay the bill or notify the hospital, physician or self-employed 55 physical, licensed massage or occupational therapist in writing that the 56 bill is not being paid and explain the reasons for non-payment. In theS. 406 3 1 event that the employer fails to make payment or notify the hospital, 2 physician or self-employed physical, licensed massage or occupational 3 therapist within such forty-five day period that payment is not being 4 made, the hospital, physician, self-employed physical therapist or self- 5 employed licensed massage therapist or self-employed occupational thera- 6 pist may notify the chair in writing that the bill has not been paid and 7 request that the board make an award for payment of such bill. The board 8 or the chair may make an award not in excess of the established fee 9 schedules for any such bill or part thereof which remains unpaid after 10 said forty-five day period or thirty days after all other questions duly 11 and timely raised in accordance with the provisions of this chapter, 12 relating to the employer's liability for the payment of such amount, 13 shall have been finally determined adversely to the employer, whichever 14 is later, in accordance with rules promulgated by the chair, and such 15 award may be collected in like manner as an award of compensation. The 16 chair shall assess the sum of fifty dollars against the employer for 17 each such award made by the board, which sum shall be paid into the 18 state treasury. 19 In the event that the employer has provided an explanation in writing 20 why the bill has not been paid, in part or in full, within the aforesaid 21 time period, and the parties can not agree as to the value of medical 22 aid rendered under this chapter, such value shall be decided by arbi- 23 tration if requested by the hospital, physician or self-employed phys- 24 ical, licensed massage or occupational therapist, in accordance with the 25 provisions of subdivision two or subdivision three of this section, as 26 appropriate, and rules and regulations promulgated by the chair. 27 Where a physician, physical, licensed massage or occupational thera- 28 pist bill has been determined to be due and owing in accordance with the 29 provisions of this section the board shall include in the amount of the 30 award interest of not more than one and one-half per cent (1 1/2%) per 31 month payable to the physician, physical, licensed massage or occupa- 32 tional therapist, in accordance with the rules and regulations promul- 33 gated by the board. Interest shall be calculated from the forty-fifth 34 day after the bill was rendered or from the thirtieth day after all 35 other questions duly and timely raised in accordance with the provisions 36 of this chapter, relating to the employer's liability for the payment of 37 such amount, shall have been finally determined adversely to the employ- 38 er, whichever is later, in accordance with rules promulgated by the 39 chair. 40 § 4. This act shall take effect immediately.