S1585-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S1585-2013 Memo

BILL NUMBER:S1585

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to chronic care for
injured workers

PURPOSE: This legislation allows the workers
compensation board to
allow for a monthly dollar allowance or treatment frequency for
injured workers whose injuries are deemed to be long term or permanent.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill
allows injured
workers whose injuries are deemed long term or permanent by the
workers compensation board where no change is anticipated by
continued care and all treatment options have been exhausted allows
the board to approve a monthly dollar allowance or treatment
frequency for the injured worker to continue to receive care within
the specialty of their choice for the purpose of pain management
and/or sustaining functional capacity.
Further stipulates that if an injured worker chooses to exceed the
treatment recommended, the injured worker shall have the option of
signing a waiver and paying the provider privately for the amount
that exceeds the recommendation.

Section 2 is the effective date.

JUSTIFICATION: This legislation allows the
establishment of ongoing
treatment protocols for chronic care injured workers, based on
medical evidence that is presented for that patient. It allows
injured workers to receive vital treatment necessary to maintain them
and allow for the highest level of functioning achievable given the
chronic nature of their injury. This legislation further controls
costs for insurance as it allows the carrier to budget for the costs
of care for chronically injured workers.

PRIOR LEGISLATIVE HISTORY: S. 7476 referred to Senate
Rules Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S1585-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1585
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. GRISANTI -- 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  chronic
 care for injured workers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The workers' compensation law is amended by  adding  a  new
 section 138 to read as follows:

 

S  138. CHRONIC CARE. 1. FOR INJURED WORKERS WHOSE INJURIES ARE DEEMED
 LONG TERM OR PERMANENT BY THE BOARD,  WHERE  NO  FUNDAMENTAL  CHANGE  IS
 REASONABLY  ANTICIPATED  BY  CONTINUED  CARE  IN  ANY SPECIALTY, AND ALL
 TREATMENT OPTIONS HAVE BEEN EXHAUSTED, THE BOARD MAY APPROVE  A  MONTHLY
 DOLLAR  ALLOWANCE  OR  TREATMENT  FREQUENCY  FOR  THE  INJURED WORKER TO
 CONTINUE TO TREAT WITHIN THE SPECIALTY OF HIS  OR  HER  CHOICE  FOR  THE
 PURPOSE OF PAIN MANAGEMENT AND/OR SUSTAINING FUNCTIONAL CAPACITY.
 2.  IF  AN  INJURED  WORKER  CHOOSES  TO EXCEED THE LEVEL OF TREATMENT
 RECOMMENDED BY THE BOARD, THE INJURED WORKER SHALL HAVE  THE  OPTION  OF
 SIGNING  A  WAIVER AND PAYING THE PROVIDER PRIVATELY FOR THE AMOUNT THAT
 EXCEEDS THE RECOMMENDATION OF THE BOARD.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04809-01-3

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