S4559B-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

S4559B-2011 Meetings

S4559B-2011 Calendars

S4559B-2011 Votes

S4559B-2011 Memo

BILL NUMBER:S4559B

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.

S4559B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4559--B
 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  --  reported  favorably  from  said committee and
 committed to the Committee on  Rules  --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

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 ANY INCONSISTENT PROVISION OF  SUBDIVISION  FOUR
 OF  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN  OR SUBDIVISION ONE OF SECTION
 TWENTY-EIGHT HUNDRED SEVEN-C OF  THE  PUBLIC  HEALTH  LAW,  PAYMENTS  TO
 GENERAL  HOSPITALS  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 DECOMPRESSION), AND 321 (CERVICAL  SPINAL  FUSION  AND
 OTHER  BACK/NECK PROCEDURES EXCLUDING DISC EXCISION/DECOMPRESSION) SHALL
 BE AT THE RATES OF PAYMENT DETERMINED PURSUANT TO  SUBPARAGRAPH  (I)  OF
 PARAGRAPH (B-1) OF SUBDIVISION 1 OF SECTION TWENTY-EIGHT HUNDRED SEVEN-C
 OF  THE  PUBLIC  HEALTH  LAW PLUS THE PROVIDER'S DOCUMENTED COST FOR ANY
 IMPLANTABLE HARDWARE AND INSTRUMENTATION, WHICH SHOULD BE RECORDED UNDER
 REVENUE CODE 278 ON THE 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, 2011, and shall
 expire on April 1, 2012 when upon such date the provisions of  this  act
 shall be deemed repealed.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09984-06-1

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