Bill Text: NY S02360 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-19 - SUBSTITUTED BY A5299B [S02360 Detail]

Download: New_York-2013-S02360-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2360--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 16, 2013
                                      ___________
       Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
         printed, and when printed to be committed to the Committee on Labor --
         reported favorably from said committee and committed to the  Committee
         on Finance -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN  ACT  to amend the workers' compensation law, in relation to the care
         and treatment of injured employees by certain licensed clinical social
         workers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short title.  This act shall be known and may be cited as
    2  the "injured workers assistance act".
    3    S 2. The workers' compensation law is amended by adding a new  section
    4  13-p to read as follows:
    5    S  13-P.  CARE  AND TREATMENT OF INJURED EMPLOYEES BY CERTAIN LICENSED
    6  CLINICAL SOCIAL WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL  WORKER"  IS
    7  USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
    8  AND  REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO ARTICLE
    9  ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
   10    2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
   11  SUCH  AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
   12  UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN,  BY  A  LICENSED  CLINICAL
   13  SOCIAL  WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE PURSU-
   14  ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
   15  CLINICAL  SOCIAL  WORK  AS  DEFINED  IN  SUBDIVISION  TWO   OF   SECTION
   16  SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
   17    (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
   18  MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
   19  TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
   20  OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
   21  REQUIRED, UPON THE REFERRAL OF AN AUTHORIZED  PHYSICIAN,  PROVIDED  SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06715-03-3
       S. 2360--A                          2
    1  CARE  IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED CLINICAL
    2  SOCIAL WORKER AS REQUIRED BY THIS SECTION.
    3    (C)  A  LICENSED  CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
    4  THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
    5  ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
    6  TED TO THE CHAIR ON SUCH FORMS AND  AT  SUCH  TIMES  AS  THE  CHAIR  MAY
    7  REQUIRE.
    8    3.  A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
    9  IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS  SECTION  SHALL
   10  FILE  AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
   11  ICAL SOCIAL WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL  AGREE  TO
   12  REFRAIN  FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE
   13  PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, IN CONNECTION
   14  WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE UNDER THIS  CHAPTER,  IF
   15  HE  OR  SHE  HAS  BEEN  REMOVED FROM THE LIST OF CLINICAL SOCIAL WORKERS
   16  AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS  AGREEMENT  SHALL
   17  RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
   18  ABLE  AS  A  DEFENSE  IN  ANY  ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
   19  PAYMENT FOR TREATMENT RENDERED BY  SUCH  CLINICAL  SOCIAL  WORKER  AFTER
   20  BEING  REMOVED  FROM  THE  LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
   21  RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION.  THE  CLINICAL
   22  SOCIAL  WORK  PRACTICE  COMMITTEE,  IF  IT  DEEMS SUCH LICENSED CLINICAL
   23  SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO  THE  CHAIR  THAT  SUCH
   24  PERSON  BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
   25  SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR  AND
   26  SHALL  NOT  BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
   27  LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
   28  OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK TREATMENT AND CARE,  TO  BE
   29  DETERMINED IN ACCORDANCE WITH AND BE SUBJECT TO CHANGE PURSUANT TO RULES
   30  PROMULGATED  BY  THE CHAIR. BEFORE PREPARING SUCH SCHEDULE FOR THE STATE
   31  OR SCHEDULES FOR LIMITED LOCALITIES THE CHAIR SHALL REQUEST THE CLINICAL
   32  SOCIAL WORK PRACTICE COMMITTEE TO SUBMIT TO SUCH CHAIR A REPORT  ON  THE
   33  AMOUNT  OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
   34  FOR THE TYPES OF CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
   35  CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW  OF  OTHER  INTER-
   36  ESTED  PARTIES.  THE  AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
   37  AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
   38    4.  NO CLAIM FOR CLINICAL SOCIAL WORK  SERVICES  SHALL  BE  VALID  AND
   39  ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
   40  FORTY-EIGHT HOURS FOLLOWING THE  FIRST  TREATMENT  THE  CLINICAL  SOCIAL
   41  WORKER  GIVING  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND
   42  DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
   43  AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
   44  THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY  THE  CHAIR,  BOARD,
   45  EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
   46  APART  OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
   47  THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES  WITHIN
   48  THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
   49  TO DO SO.
   50    5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
   51  DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
   52  FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
   53  TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
   54  LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
   55  CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS
       S. 2360--A                          3
    1  STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
    2  THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
    3    6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
    4  LICENSED CLINICAL SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL  BE  ENTI-
    5  TLED  TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE
    6  BOARD, IN ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT  THOUSAND  ONE
    7  OF THE CIVIL PRACTICE LAW AND RULES.
    8    7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
    9  EMPLOYER  BY  THE  LICENSED  CLINICAL  SOCIAL  WORKER WHO HAS TREATED AN
   10  INJURED EMPLOYEE, SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR  AND  SUCH
   11  CLINICAL  SOCIAL  WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPAR-
   12  TIAL EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH  CLINICAL
   13  SOCIAL  WORKER  FOR  HIS OR HER SERVICES, THE RIGHT TO SUCH AN IMPARTIAL
   14  EXAMINATION SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY  SUCH
   15  CLINICAL  SOCIAL  WORKER  SHALL  BE  DEEMED  TO BE THE FAIR VALUE OF THE
   16  SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE  SOCIAL  WORK
   17  CARE  RENDERED  UNDER  THIS  CHAPTER  TO A CLAIMANT, SUCH VALUE SHALL BE
   18  DECIDED BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY  DECISION
   19  OF  SUCH  COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE
   20  OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH  BILL
   21  OR  PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD FOR
   22  BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
   23  THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
   24  OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
   25  THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE
   26  PAID INTO THE STATE TREASURY.
   27    (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
   28  TO  BE  DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
   29  THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
   30  INTEREST PER MONTH PAYABLE TO THE LICENSED  CLINICAL  SOCIAL  WORKER  IN
   31  ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
   32    (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
   33  EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
   34  SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
   35  SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
   36  BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
   37    8.  WITHIN  THE  LIMITS  PRESCRIBED  BY THE EDUCATION LAW FOR LICENSED
   38  CLINICAL SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN  AUTHORIZED
   39  CLINICAL  SOCIAL  WORKER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE
   40  AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
   41  SIONAL OPINION OF THE LICENSED  CLINICAL  SOCIAL  WORKER  AS  TO  CAUSAL
   42  RELATION  AND  AS  TO  REQUIRED  TREATMENT SHALL BE DEEMED COMPETENT BUT
   43  SHALL NOT BE CONTROLLING. NOTHING IN THIS SECTION  SHALL  BE  DEEMED  TO
   44  DEPRIVE  ANY  EMPLOYER  OR  INSURANCE  CARRIER OF ANY RIGHT TO A MEDICAL
   45  EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
   46    9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
   47  FOLLOWED  BY  THOSE  RENDERING  CLINICAL SOCIAL WORK SERVICES UNDER THIS
   48  SECTION, WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES
   49  PRESENTLY  IN  EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIM-
   50  ANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH  THE  PROMULGATION  OF
   51  SUCH  RULES  THE  CHAIR  MAY  CONSULT  THE CLINICAL SOCIAL WORK PRACTICE
   52  COMMITTEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF  OTHER  INTERESTED
   53  PARTIES.
   54    10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
   55  STATE OF NEW YORK A  SINGLE  CLINICAL  SOCIAL  WORK  PRACTICE  COMMITTEE
   56  COMPOSED  OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED
       S. 2360--A                          4
    1  PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
    2  RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
    3  BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
    4  LICENSED  CLINICAL  SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS A
    5  CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
    6  COMMITTEE SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION
    7  NOR  BE  AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSUR-
    8  ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
    9  STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR  FEE  RELATES
   10  TO  A  WORKERS'  COMPENSATION  CLAIM OR OTHERWISE. THE ATTORNEY GENERAL,
   11  UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
   12    11. THE CLINICAL SOCIAL WORK  PRACTICE  COMMITTEE  SHALL  INVESTIGATE,
   13  HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
   14  OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
   15  THIS  SECTION  UNDER  RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR
   16  AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH  THEIR  FINDINGS  AND
   17  RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
   18  SION  AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE
   19  SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
   20  SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST  OF  LICENSED
   21  CLINICAL  SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL WORK
   22  SERVICES UNDER THIS CHAPTER THE NAME OF ANY CLINICAL SOCIAL  WORKER  WHO
   23  HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS DISQUALIFIED
   24  BECAUSE SUCH CLINICAL SOCIAL WORKER:
   25    (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
   26  CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
   27    (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
   28  RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
   29  STATEMENTS  REGARDING  QUALIFICATIONS  IN  THE  APPLICATION FOR AUTHORI-
   30  ZATION,
   31    (C) HAS FAILED TO SUBMIT TIMELY, FULL  AND  TRUTHFUL  CLINICAL  SOCIAL
   32  WORK  EVALUATION  AND  TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER
   33  AND DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME  LIMITS  PROVIDED
   34  IN THIS SECTION,
   35    (D)  HAS  RENDERED  CLINICAL SOCIAL WORKER SERVICES UNDER THIS CHAPTER
   36  FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
   37    (E)  HAS  SOLICITED  OR  HAS   EMPLOYED   ANOTHER   TO   SOLICIT   FOR
   38  HIMSELF/HERSELF  OR  FOR  ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
   39  CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
   40    (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
   41  BOARD,  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE OR ANY DULY AUTHORIZED
   42  OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
   43  PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
   44    (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
   45  THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
   46  OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
   47  ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A
   48  COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
   49  WORKERS' COMPENSATION CLAIMANT.
   50    12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
   51  AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
   52  PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
   53  BE GUILTY OF A MISDEMEANOR.
   54    13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
   55  RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
   56  MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL
       S. 2360--A                          5
    1  WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
    2  ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
    3  MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
    4  THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
    5  SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
    6    14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
    7  WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
    8  RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
    9  PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
   10  FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
   11  MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
   12  THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
   13  BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
   14  RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
   15  ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
   16    S 3. This act shall take effect on the one hundred eightieth day after
   17  it  shall have become a law. Effective immediately, the addition, amend-
   18  ment and/or repeal of any rules and regulations necessary  to  implement
   19  the  provisions  of  this act on its effective date are authorized to be
   20  made on or before such effective date.