Bill S1114A-2013

Authorizes certain care and treatment to injured employees

Authorizes certain care and treatment to injured employees receiving workers' compensation benefits; relates to massage therapy services.

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Jun 3, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 18, 2013: PRINT NUMBER 1114A
  • Apr 18, 2013: AMEND AND RECOMMIT TO LABOR
  • Jan 9, 2013: REFERRED TO LABOR

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 3, 2013
Ayes (13): Savino, Ball, DeFrancisco, Grisanti, Marcellino, Marchione, Martins, Robach, Addabbo, Dilan, Perkins, Rivera, Sanders
Ayes W/R (3): Gallivan, Hannon, Peralta

Memo

BILL NUMBER:S1114A

PURPOSE OR GENERAL IDEA OF BILL: Provides that the Chair of the worker's compensation board can set a fee schedule for massage therapy services for injured employees.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends section 13 of the worker's compensation law to allow the chair of the workers' compensation board to set the fee schedule for massage therapy services provided to injured employees upon referral by the injured employee's physician.

JUSTIFICATION: Although massage therapists are licensed to provide care to patients in New York State under the provisions of Article 155 of the Education Law, injured employees can only be reimbursed for massage therapy services on an ad-hoc basis with some workers' compensation carriers allowing it and others denying it.

This bill would establish a fee schedule for massage therapy in the same manner as physical and occupational therapy and allow an injured employee to receive reimbursement for massage therapy services. Massage is now used in intensive care units, for children, elderly people, babies in incubators, and patients with cancer, AIDS, heart attacks, or strokes. Most American hospices have some kind of body-work therapy available, and it is frequently offered in health centers, drug treatment clinics, and pain Clinics.

An October 2003 study by the American Hospital Association (AHA), with support from the American Massage Therapy Association shows that many hospitals are incorporating massage therapists into their pain management programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy was the most prevalent CAM (complementary and alternative medicine) offering, with 82 percent of the hospitals reporting CAM use saying they include massage therapy. Of the hospitals with massage therapy programs, more than 70 percent utilize massage therapy for pain management and pain relief.

The AHA survey and the growing use of massage therapy as revealed in annual consumer surveys suggests that hospitals and health care organizations are positively responding to the consensus of research and evidence highlighting the benefits of massage. Recent clinical research on the efficacy of massage for pain management has demonstrated that:

1. Massage therapy is more effective for chronic back pain than other complementary therapies.

2. Massage therapy promotes relaxation and alleviates the perception of pain and anxiety in cancer patients.

3. Massage therapy reduces post-traumatic headaches better than cold pack treatments.

4. A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles found that massager as part of hospital-based surgery treatment, reduces pain and muscle spasms in patients who have undergone heart bypass surgery.

5. Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NM) has identified the management and treatment of pain as a significant national health issue. According to NTH, pain is the most common reason people seek medical care and that more than one-third of all Americans will suffer from chronic pain at some point in their lives. Chronic pain accounts for more than $100 billion in annual losses to American businesses (through health care expenses and lost productivity) and approximately 14 percent of all employees take time off from work due to pain each year.

PRIOR LEGISLATIVE HISTORY: 03/18/10 - Referred to Labor S6380/A9995 of 2011-12 - Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1114--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Subdivision (a) of section 13 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: (a) The employer shall promptly provide for an injured employee such medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, medicine, optometric services, crutches, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices and apparatus for such period as the nature of the injury or the process of recovery may require. The employer shall be liable for the payment of the expenses of medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, medicine, optometric services, crutches, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices and apparatus, as well as artificial members of the body or other devices or appliances necessary in the first instance to replace, support or relieve a portion or part of the body resulting from and necessitated by the injury of an employee, for such period as the nature of the injury or the process of recovery may require, and the employer shall also be liable for replace- ments or repairs of such artificial members of the body or such other devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet- ic devices, functional assistive and adaptive devices or appliances
necessitated by ordinary wear or loss or damage to a prosthesis, with or without bodily injury to the employee. Damage to or loss of a prosthetic device shall be deemed an injury except that no disability benefits shall be payable with respect to such injury under section fifteen of this article. Such a replacement or repair of artificial members of the body or such other devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices or appliances or the providing of medical treatment and care as defined herein shall not constitute the payment of compensation under section twenty-five-a of this article. All fees and other charges for such treatment and services shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living. The chair shall prepare and establish a schedule for the state, or schedules limited to defined localities, of charges and fees for such medical treatment and care, and including all medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, medicine, optometric services, crutches, eye-glasses, false teeth, arti- ficial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices and apparatus in accordance with and to be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the president of the medical society of the state of New York and the president of the New York state osteopathic medical society to submit to him or her a report on the amount of remuneration deemed by such society to be fair and adequate for the types of medical care to be rendered under this chapter, but consideration shall be given to the view of other interested parties. In the case of physical therapy fees schedules the chair shall request the president of a recognized profes- sional association representing physical therapists in the state of New York to submit to him or her a report on the amount of remuneration deemed by such association to be fair and reasonable for the type of physical therapy services rendered under this chapter, but consideration shall be given to the views of other interested parties. The chair shall also prepare and establish a schedule for the state, or schedules limited to defined localities, of charges and fees for outpatient hospi- tal services not covered under the medical fee schedule previously referred to in this subdivision, to be determined in accordance with and to be subject to change pursuant to rules promulgated by the chair. Before preparing such schedule for the state or schedules for limited localities the chair shall request the president of the hospital associ- ation of New York state to submit to him or her a report on the amount of remuneration deemed by such association to be fair and adequate for the types of hospital outpatient care to be rendered under this chapter, but consideration shall be given to the views of other interested parties. In the case of occupational therapy fees schedules the chair shall request the president of a recognized professional association representing occupational therapists in the state of New York to submit to him or her a report on the amount of remuneration deemed by such association to be fair and reasonable for the type of occupational ther- apy services rendered under this chapter, but consideration shall be given to the views of other interested parties. IN THE CASE OF MASSAGE THERAPY FEE SCHEDULES THE CHAIR SHALL REQUEST THE PRESIDENT OF A RECOG- NIZED PROFESSIONAL ASSOCIATION REPRESENTING LICENSED MASSAGE THERAPISTS IN THE STATE OF NEW YORK TO SUBMIT TO HIM OR HER A REPORT ON THE AMOUNT OF REMUNERATION DEEMED BY SUCH ASSOCIATION TO BE FAIR AND REASONABLE FOR
THE TYPE OF OCCUPATIONAL THERAPY SERVICES RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEWS OF OTHER INTERESTED PARTIES. The amounts payable by the employer for such treatment and services shall be the fees and charges established by such schedule. Nothing in this schedule, however, shall prevent voluntary payment of amounts higher or lower than the fees and charges fixed therein, but no physician rendering medical treatment or care, and no physical, LICENSED MASSAGE or occupational therapist rendering their respective physical, MASSAGE or occupational therapy services may receive payment in any higher amount unless such increased amount has been authorized by the employer, or by decision as provided in section thirteen-g of this arti- cle. Nothing in this section shall be construed as preventing the employment of a duly authorized physician on a salary basis by an authorized compensation medical bureau or laboratory. S 2. Subdivision 1 of section 13-g of the workers' compensation law, as amended by chapter 674 of the laws of 1994, is amended to read as follows: (1) Within forty-five days after a bill has been rendered to the employer by the hospital, physician or self-employed physical, LICENSED MASSAGE or occupational therapist who has rendered treatment pursuant to a referral from the injured employee's authorized physician or author- ized podiatrist for treatment to the injured employee, such employer must pay the bill or notify the hospital, physician or self-employed physical, LICENSED MASSAGE or occupational therapist in writing that the bill is not being paid and explain the reasons for non-payment. In the event that the employer fails to make payment or notify the hospital, physician or self-employed physical, LICENSED MASSAGE or occupational therapist within such forty-five day period that payment is not being made, the hospital, physician, self-employed physical therapist OR SELF-EMPLOYED LICENSED MASSAGE THERAPIST or self-employed occupational therapist may notify the chair in writing that the bill has not been paid and request that the board make an award for payment of such bill. The board or the chair may make an award not in excess of the estab- lished fee schedules for any such bill or part thereof which remains unpaid after said forty-five day period or thirty days after all other questions duly and timely raised in accordance with the provisions of this chapter, relating to the employer's liability for the payment of such amount, shall have been finally determined adversely to the employ- er, whichever is later, in accordance with rules promulgated by the chair, and such award may be collected in like manner as an award of compensation. The chair shall assess the sum of fifty dollars against the employer for each such award made by the board, which sum shall be paid into the state treasury. In the event that the employer has provided an explanation in writing why the bill has not been paid, in part or in full, within the aforesaid time period, and the parties can not agree as to the value of medical aid rendered under this chapter, such value shall be decided by arbi- tration if requested by the hospital, physician or self-employed phys- ical, LICENSED MASSAGE or occupational therapist, in accordance with the provisions of subdivision two or subdivision three of this section, as appropriate, and rules and regulations promulgated by the chair. Where a physician, physical, LICENSED MASSAGE or occupational thera- pist bill has been determined to be due and owing in accordance with the provisions of this section the board shall include in the amount of the award interest of not more than one and one-half per cent (1 1/2%) per month payable to the physician, physical, LICENSED MASSAGE or occupa-
tional therapist, in accordance with the rules and regulations promul- gated by the board. Interest shall be calculated from the forty-fifth day after the bill was rendered or from the thirtieth day after all other questions duly and timely raised in accordance with the provisions of this chapter, relating to the employer's liability for the payment of such amount, shall have been finally determined adversely to the employ- er, whichever is later, in accordance with rules promulgated by the chair. S 3. This act shall take effect immediately.

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