Relates to the rates of payment for the treatment and care of injured employees.

---

S4559A-2011 Actions

• Jun 20, 2011: SUBSTITUTED BY A6686B
• Jun 13, 2011: ORDERED TO THIRD READING CAL.1156
• May 11, 2011: PRINT NUMBER 4559B
• May 11, 2011: AMEND AND RECOMMIT TO RULES
• May 3, 2011: REPORTED AND COMMITTED TO RULES
• Apr 27, 2011: PRINT NUMBER 4559A
• Apr 27, 2011: AMEND (T) AND RECOMMIT TO LABOR
• Apr 12, 2011: REFERRED TO LABOR

S4559A-2011 Meetings

Labor: May 3, 2011

S4559A-2011 Votes

S4559A-2011 Memo

BILL NUMBER:S4559A

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to the rates of
payment for the treatment and care of injured employees; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE OF BILL:
The bill would provide for the continuation of reimbursement for
certain medical treatments under the workers compensation system in
the event the federal government changes the codes associated with
such treatments.

SUMMARY OF PROVISIONS:
The bill would provide for the continuation of reimbursement to
medical providers for certain kinds of medical care in the event that
the federal government changes the codes for those medical
treatments. The codes are in statute and would become moot if
re-coded at the federal level.
The bill would provide for continued use of the current codes until
promulgation of the new codes. Reimbursement would then be linked to
those new codes.

JUSTIFICATION:
Back injuries are a common problem for injured employees seeking
benefits from the Workers' Compensation program. For many diagnoses,
spinal fusion surgery is the recommended treatment for such
individuals and results in superior outcomes than other treatments.
In most cases, the use of spinal implants is the preferable method of
performing fusion surgery and has become the medical standard of
care. From a financial standpoint, however, performing fusion surgery
with implants involves a higher surgical cost, that cost is more than
recouped in saving derived from a shorter hospital stay, more
effective rehabilitation and better results. The ability of the
patient to return to work sooner presents additional savings for
employers and insurers with a Workers' Compensation injury or
disability.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4559A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4559--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 12, 2011
                                 ___________

  Introduced  by  Sen.  ROBACH -- 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 the rates
    of payment for the  treatment  and  care  of  injured  employees;  and
    providing for the repeal of such provisions upon expiration thereof

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


    Section 1.  Section 13 of the workers' compensation law is amended  by
  adding a new subdivision (a-1) to read as follows:

    (A-1)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION FOUR OF SECTION
  TWENTY-EIGHT HUNDRED SEVEN AND SUBDIVISION ONE OF  SECTION  TWENTY-EIGHT
  HUNDRED  SEVEN-C OF THE PUBLIC HEALTH LAW, PAYMENTS TO GENERAL HOSPITALS
  FOR AP-DRGS 755-758 (SPINAL FUSION; BACK AND NECK  PROCEDURES),  806-807
  (COMBINED ANTERIOR AND POSTERIOR SPINAL FUSIONS), 836-837 (SPINAL PROCE-
  DURES), AND 864-865 (CERVICAL SPINAL FUSION) FROM APRIL FIRST, TWO THOU-
  SAND  SIX THROUGH NOVEMBER THIRTIETH, TWO THOUSAND NINE AND FOR APR-DRGS
  23 (SPINAL PROCEDURES), 303 (DORSAL AND  LUMBAR  FUSION  PROCEDURES  FOR
  CURVATURE  OF BACK), 304 (DORSAL AND LUMBAR FUSION PROCEDURES EXCEPT FOR
  CURVATURE  OF  BACK),  310  (INTERVERTEBRAL  DISC  EXCISION  AND  DECOM-
  PRESSION),  AND  321  (CERVICAL SPINAL FUSION AND OTHER BACK/NECK PROCE-
  DURES EXCLUDING DISC  EXCISION/DECOMPRESSION)  BEGINNING  ON  AND  AFTER
  DECEMBER  FIRST,  TWO  THOUSAND  NINE  SHALL  BE AT THE RATES OF PAYMENT
  DETERMINED PURSUANT TO  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-C  OF  THE
  PUBLIC HEALTH LAW FOR STATE GOVERNMENTAL AGENCIES, EXCLUDING ADJUSTMENTS
  PURSUANT  TO SUBDIVISION FOURTEEN-F OF SUCH SECTION TWENTY-EIGHT HUNDRED
  SEVEN-C, PLUS THE PROVIDER'S DOCUMENTED COST FOR ANY  IMPLANTABLE  HARD-
  WARE,    INSTRUMENTATION,   AND   OTHER   SURGICALLY-NECESSARY   BINDING
  AGENTS/MATERIALS WHICH SHOULD BE RECORDED UNDER REVENUE CODE 278 ON  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09984-05-1

 S. 4559--A                          2

  CLAIM,  PLUS  AN  ADDITIONAL  TEN PERCENT OF SUCH DOCUMENTED COST NOT TO
  EXCEED A MAXIMUM OF THREE HUNDRED FIFTY DOLLARS.
    S  2.  This  act shall take effect immediately; and shall be deemed to
  have been in full force and effect on and after April 1, 2006, and shall
  expire on April 1, 2012 when upon such date the provisions of  this  act
  shall be deemed repealed.