Bill Text: NY A07235 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the promulgation of certain rules and regulations to ensure quality access to and a competitive market for durable medical equipment within the workers' compensation system.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A07235 Detail]

Download: New_York-2021-A07235-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7235

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 29, 2021
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Labor

        AN  ACT to amend the workers' compensation law, in relation to prohibit-
          ing the promulgation of certain rules and regulations to ensure quali-
          ty access to and a competitive market for  durable  medical  equipment
          within the workers' compensation system

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 117 of the workers' compensation law is amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3.  (a)  Notwithstanding any other provision of law, the board and the
     4  chairman are prohibited from promulgating any  rule  or  regulation,  or
     5  enforcing any such rule or regulation requiring a durable medical equip-
     6  ment  provider  to  be  certified  as a New York State Medicaid enrolled
     7  supplier; and, prior to any action requiring  accreditation  of  durable
     8  medical equipment providers, shall conduct a study on the impacts on the
     9  costs  and market share that an accreditation would have on providers of
    10  durable medical equipment. In  conducting  such  study,  the  board  and
    11  chairman  shall  seek  and  consider  input from stakeholders, including
    12  providers of durable medical equipment. The board and the  chairman  are
    13  further  prohibited from promulgating any rule or regulation, or enforc-
    14  ing any such rule or regulation, that would  reimburse  durable  medical
    15  equipment  at  less than one hundred percent of the New York State Medi-
    16  caid durable medical equipment fee schedule.
    17    (b) Any provision of the board or of  the  chairman's  regulations  in
    18  effect  on the effective date of this provision which may be contrary to
    19  this  provision  shall  be  deemed  null  and  void.  Particularly,  any
    20  provision  of  the  board  or  chairman's  regulation  12 NYCRR Part 442
    21  contrary to this subdivision shall be null and void  and  the  board  or
    22  chairman  shall amend the regulation accordingly, by the consensus regu-
    23  latory process.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10855-01-1