Bill Text: NY S03741 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to application of guidelines for medical treatment for injured workers; prohibits retroactive application.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A6294 [S03741 Detail]

Download: New_York-2011-S03741-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3741
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 2, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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  applica-
         tion of guidelines for medical treatment for injured workers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 13-a of the workers'  compensation
    2  law,  as amended by chapter 6 of the laws of 2007, is amended to read as
    3  follows:
    4    (5)  No  claim  for  specialist  consultations,  surgical  operations,
    5  physiotherapeutic or occupational therapy procedures, x-ray examinations
    6  or  special  diagnostic  laboratory tests costing more than one thousand
    7  dollars shall be valid and enforceable, as against such employer, unless
    8  such special services shall have been authorized by the employer  or  by
    9  the  board, or unless such authorization has been unreasonably withheld,
   10  or withheld for a period of more than thirty calendar days from  receipt
   11  of  a  request  for  authorization,  or unless such special services are
   12  required in an emergency, provided, however, that the basis for a denial
   13  of such authorization by the employer must be  based  on  a  conflicting
   14  second  opinion  rendered  by  a  physician authorized by the board. The
   15  board, with the approval of the superintendent of insurance, shall issue
   16  and maintain a list of pre-authorized procedures under this section.  NO
   17  GUIDELINE PROVIDING FOR  MEDICAL  TREATMENT,  OR  RULES  OR  REGULATIONS
   18  PERTAINING  THERETO,  SHALL  BE APPLIED BY THE BOARD BY RETROACTIVELY TO
   19  CASES WITH A DATE OF ACCIDENT OR DATE OF DISABLEMENT THAT  IS  PRIOR  TO
   20  THE DATE OF ANY SUCH GUIDELINE, RULE OR REGULATION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09865-01-1