Relates to chronic care for injured workers; authorizes workers' compensation board to approve a monthly dollar allowance or treatment frequency for an injured worker to continue specialized treatment where the worker's injuries are deemed long term or permanent.
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.
STATE OF NEW YORK ________________________________________________________________________ 1585 2013-2014 Regular Sessions IN 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