STATE OF NEW YORK ________________________________________________________________________ 530 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to the estab- lishment of rates of payment and delivery of health care services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of subdivision (a) of section 13 of 2 the workers' compensation law, as amended by chapter 6 of the laws of 3 2007, is amended to read as follows: 4 The chair, in consultation with the board's medical director, shall 5 biennially prepare and establish a schedule for the state, or schedules 6 limited to defined localities, of charges and fees for such medical 7 treatment and care, and including all medical, dental, surgical, optome- 8 tric or other attendance or treatment, nurse and hospital service, medi- 9 cine, optometric services, crutches, eye-glasses, false teeth, artifi- 10 cial eyes, orthotics, prosthetic devices, functional assistive and 11 adaptive devices and apparatus in accordance with and to be subject to 12 change pursuant to rules promulgated by the chair. Before preparing such 13 schedule for the state or schedules for limited localities the chair 14 shall request the president of the medical society of the state of New 15 York and the president of the New York state osteopathic medical society 16 [to] submit [to him or her] a report on the amount of remuneration 17 deemed by such society to be fair and adequate for the types of medical 18 care to be rendered under this chapter, but consideration shall be given 19 to the view of other interested parties. In the case of physical therapy 20 fees schedules the chair shall request the president of [a recognized 21 professional association representing physical therapists in the state 22 of New York to] the New York physical therapy association submit [to him 23 or her] a report on the amount of remuneration deemed by such associ- 24 ation to be fair and reasonable for the type of physical therapy EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00867-01-5
A. 530 2 1 services rendered under this chapter, but consideration shall be given 2 to the views of other interested parties. The chair shall also prepare 3 and establish a schedule for the state, or schedules limited to defined 4 localities, of charges and fees for outpatient hospital services not 5 covered under the medical fee schedule previously referred to in this 6 subdivision, to be determined in accordance with and to be subject to 7 change pursuant to rules promulgated by the chair. Before preparing such 8 schedule for the state or schedules for limited localities the chair 9 shall request the president of the hospital association of New York 10 state [to] submit [to him or her] a report on the amount of remuneration 11 deemed by such association to be fair and adequate for the types of 12 hospital outpatient care to be rendered under this chapter, but consid- 13 eration shall be given to the views of other interested parties. In the 14 case of occupational therapy fees schedules the chair shall request the 15 president of a recognized professional association representing occupa- 16 tional therapists in the state of New York [to] submit [to him or her] a 17 report on the amount of remuneration deemed by such association to be 18 fair and reasonable for the type of occupational therapy services 19 rendered under this chapter, but consideration shall be given to the 20 views of other interested parties. The amounts payable by the employer 21 for such treatment and services shall be the fees and charges estab- 22 lished by such schedule. Nothing in this schedule, however, shall 23 prevent voluntary payment of amounts higher or lower than the fees and 24 charges fixed therein, but no physician rendering medical treatment or 25 care, and no physical or occupational therapist rendering their respec- 26 tive physical or occupational therapy services may receive payment in 27 any higher amount unless such increased amount has been authorized by 28 the employer, or by decision as provided in section thirteen-g of this 29 article. Nothing in this section shall be construed as preventing the 30 employment of a duly authorized physician on a salary basis by an 31 authorized compensation medical bureau or laboratory. 32 § 2. Subdivision 2 of section 13-k of the workers' compensation law, 33 as amended by section 4 of part CC of chapter 55 of the laws of 2019, is 34 amended to read as follows: 35 2. An employee injured under circumstances which make such injury 36 compensable under this article, when care is required for an injury to 37 the foot which injury or resultant condition therefrom may lawfully be 38 treated by a duly registered and licensed podiatrist of the state of New 39 York, may select to treat [him or her] such employee any podiatrist 40 authorized by the chair to render podiatric medical care, as hereinafter 41 provided. If the injury or condition is one which is without the limits 42 prescribed by the education law for podiatric medical care and treat- 43 ment, or the injuries involved affect other parts of the body in addi- 44 tion to the foot, [the said] such podiatrist must so advise [the said 45 injured employee] and instruct [him or her to] such injured employee 46 consult a physician of [said employee's] choice for appropriate care and 47 treatment. Such physician shall thenceforth have overall supervision of 48 the treatment of said patient including the future treatment to be 49 administered to the patient by the podiatrist. If for any reason during 50 the period when podiatric medical treatment and care is required, the 51 employee [wishes to] may transfer [his or her] treatment and care to 52 another authorized podiatrist [he or she may do so], in accordance with 53 rules prescribed by the chair, provided however that the employer shall 54 be liable for the proper fees of the original podiatrist for the care 55 and treatment [he or she shall have] rendered. The chair, in consulta- 56 tion with the board's medical director, shall biennially prepare and
A. 530 3 1 establish a schedule for the state, or schedules limited to defined 2 localities, of charges and fees for podiatric medical treatment and 3 care, to be determined in accordance with and to be subject to change 4 pursuant to rules promulgated by the chair. Before preparing such sched- 5 ule for the state or schedules for limited localities the chair shall 6 request the podiatric medicine practice committee to submit [to him or 7 her] a report on the amount of remuneration deemed by such committee to 8 be fair and adequate for the types of podiatric medical care to be 9 rendered under this chapter, but consideration shall be given to the 10 view of other interested parties. The amounts payable by the employer 11 for such treatment and services shall be the fees and charges estab- 12 lished by such schedule. 13 § 3. Subdivision 2 of section 13-l of the workers' compensation law, 14 as amended by section 5 of part CC of chapter 55 of the laws of 2019, is 15 amended to read as follows: 16 2. An employee injured under circumstances which make such injury 17 compensable under this article, when care is required for an injury 18 which consists solely of a condition which may lawfully be treated by a 19 chiropractor as defined in section sixty-five hundred fifty-one of the 20 education law may select to treat [him or her] such employee, any duly 21 registered and licensed chiropractor of the state of New York, author- 22 ized by the chair to render chiropractic care as hereinafter provided. 23 If the injury or condition is one which is outside the limits prescribed 24 by the education law for chiropractic care and treatment, the said 25 chiropractor must so advise [the said injured employee] and instruct 26 [him or her to] such injured employee consult a physician of said 27 employee's choice for appropriate care and treatment. Such physician 28 shall thenceforth have supervision of the treatment of said condition 29 including the future treatment to be administered to the patient by the 30 chiropractor. The chair, in consultation with the board's medical direc- 31 tor, shall biennially prepare and establish a schedule for the state, or 32 schedules limited to defined localities of charges and fees for chirop- 33 ractic treatment and care, to be determined in accordance with and to be 34 subject to change pursuant to rules promulgated by the chair. Before 35 preparing such schedule for the state or schedules for limited locali- 36 ties the chair shall request the chiropractic practice committee [to] 37 submit [to him or her] a report on the amount of remuneration deemed by 38 such committee to be fair and adequate for the types of chiropractic 39 care to be rendered under this chapter, but consideration shall be given 40 to the view of other interested parties, the amounts payable by the 41 employer for such treatment and services shall be the fees and charges 42 established by such schedule. 43 § 4. Subdivision 3 of section 13-m of the workers' compensation law, 44 as amended by section 6 of part CC of chapter 55 of the laws of 2019, is 45 amended to read as follows: 46 3. The chair, in consultation with the board's medical director, shall 47 biennially prepare and establish a schedule for the state or schedules 48 limited to defined localities of charges and fees for psychological 49 treatment and care, to be determined in accordance with and be subject 50 to change pursuant to rules promulgated by the chair. Before preparing 51 such schedule for the state or schedules for limited localities the 52 chair shall request the psychology practice committee to submit to such 53 chair a report on the amount of remuneration deemed by such committee to 54 be fair and adequate for the types of psychological care to be rendered 55 under this chapter, but consideration shall be given to the view of 56 other interested parties. The amounts payable by the employer for such
A. 530 4 1 treatment and services shall be the fees and charges established by such 2 schedule. 3 § 5. Notwithstanding the provisions of section one of this act or of 4 any other law, rule or regulation to the contrary, a revision to the fee 5 schedules established pursuant to sections 13, 13-k, 13-l and 13-m of 6 the workers' compensation law existing as of the effective date of this 7 act shall be published by the chair of the workers' compensation board 8 on behalf of such board no later than one year following the effective 9 date of this act. Subsequent biennial schedules shall be published in 10 final form on January fifteenth every other year. Nothing in this 11 section shall limit the authority of the chair of the workers' compen- 12 sation board to make adjustments in the fee schedule other than at the 13 biennial publication. 14 § 6. This act shall take effect immediately.