S3741-2011 Actions

• Jan 4, 2012: REFERRED TO LABOR
• Jun 24, 2011: RECOMMITTED TO RULES
• Jun 24, 2011: RESTORED TO THIRD READING
• Jun 24, 2011: SUBSTITUTION RECONSIDERED
• Jun 21, 2011: SUBSTITUTED BY A6294
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1461
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 3, 2011: REPORTED AND COMMITTED TO FINANCE
• Mar 2, 2011: REFERRED TO LABOR

S3741-2011 Meetings

S3741-2011 Calendars

S3741-2011 Votes

S3741-2011 Memo

BILL NUMBER:S3741

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to application of
guidelines for medical treatment for injured workers

PURPOSE:
To ensure that Medical Treatment Guidelines adopted by the Worker's
Compensation Board in 2010 will no longer be applied retroactively.

SUMMARY OF PROVISIONS:
Section 1 of Subdivision 5 of section 13-a of the worker's
compensation law, as amended by chapter 6 of the laws of 2007, is
amended to ensure that no guideline providing for medical treatment
or rules or regulations shall be applied retroactively to cases with
a date of accident of disablement that is prior to the date of such
guideline, rule or regulation.

JUSTIFICATION:
In 2010 the Workers Compensation Board adopted Medical
Treatment guidelines and process regulations, which applied
retroactively to all cases then in effect. As a result workers who
had previously received a determination that they were entitled to
specific treatments, would have their care limited. The guidelines as
written have caused confusion in the medical community and disrupted
the provision of needed medical care.
Additionally, these guidelines appear to violate Worker's compensation
law, section 13 (a) which guarantees an injured worker medical
coverage for "such period as the nature of the injury of process of
recovery may require." This bill would restore needed care, and a
sense of fairness in those cases that predate the recent adoption of
these medical treatment guidelines

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S3741-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3741
 2011-2012 Regular Sessions
 I N  SENATE
 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:

 

Section 1. Subdivision 5 of section 13-a of the workers'  compensation
 law,  as amended by chapter 6 of the laws of 2007, is amended to read as
 follows:

 (5)  No  claim  for  specialist  consultations,  surgical  operations,
 physiotherapeutic or occupational therapy procedures, x-ray examinations
 or  special  diagnostic  laboratory tests costing more than one thousand
 dollars shall be valid and enforceable, as against such employer, unless
 such special services shall have been authorized by the employer  or  by
 the  board, or unless such authorization has been unreasonably withheld,
 or withheld for a period of more than thirty calendar days from  receipt
 of  a  request  for  authorization,  or unless such special services are
 required in an emergency, provided, however, that the basis for a denial
 of such authorization by the employer must be  based  on  a  conflicting
 second  opinion  rendered  by  a  physician authorized by the board. The
 board, with the approval of the superintendent of insurance, shall issue
 and maintain a list of pre-authorized procedures under this section.  NO
 GUIDELINE PROVIDING FOR  MEDICAL  TREATMENT,  OR  RULES  OR  REGULATIONS
 PERTAINING  THERETO,  SHALL  BE APPLIED BY THE BOARD BY RETROACTIVELY TO
 CASES WITH A DATE OF ACCIDENT OR DATE OF DISABLEMENT THAT  IS  PRIOR  TO
 THE DATE OF ANY SUCH GUIDELINE, RULE OR REGULATION.
 

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

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