2006 New York Code - Care And Treatment Of Injured Employees By Duly Licensed Podiatrists.

 
    §  13-k.  Care  and  treatment  of  injured employees by duly licensed
  podiatrists. 1. When the term "chairman" is hereinafter used,  it  shall
  be  deemed  to  mean the chairman of the workmen's compensation board of
  the state of New York.
    2. An employee injured under  circumstances  which  make  such  injury
  compensable  under  this article, when care is required for an injury to
  the foot which injury or resultant condition therefrom may  lawfully  be
  treated by a duly registered and licensed podiatrist of the state of New
  York,  may  select  to treat him or her any podiatrist authorized by the
  chair to render podiatry care, as hereinafter provided. If the injury or
  condition is one which is without the limits prescribed by the education
  law for podiatry care and treatment, or  the  injuries  involved  affect
  other  parts  of  the  body in addition to the foot, the said podiatrist
  must so advise the said injured employee and  instruct  him  or  her  to
  consult  a  physician of said employee's choice for appropriate care and
  treatment. Such physician shall thenceforth have overall supervision  of
  the  treatment  of  said  patient  including  the future treatment to be
  administered to the patient by the podiatrist. If for any reason  during
  the  period  when  podiatry treatment and care is required, the employee
  wishes to transfer his or her treatment and care to  another  authorized
  podiatrist  he  or she may do so, in accordance with rules prescribed by
  the chair, provided however that the employer shall be  liable  for  the
  proper  fees of the original podiatrist for the care and treatment he or
  she shall  have  rendered.  A  podiatrist  licensed  and  registered  to
  practice  podiatry  in  the  state  of New York who is desirous of being
  authorized to render podiatry care under this section and/or to  conduct
  independent  medical  examinations  in  accordance with paragraph (b) of
  subdivision  three  of  this  section  shall  file  an  application  for
  authorization  under  this section with the podiatry practice committee.
  In such application he or she shall agree to refrain  from  subsequently
  treating  for  remuneration,  as  a  private patient, any person seeking
  podiatry treatment, or submitting to an independent medical examination,
  in connection with, or as a result of, any injury compensable under this
  chapter, if he or she has been removed  from  the  list  of  podiatrists
  authorized  to  render  podiatry  care or to conduct independent medical
  examinations under this chapter, or if the person seeking such treatment
  has been transferred from  his  or  her  care  in  accordance  with  the
  provisions  of  this section. This agreement shall run to the benefit of
  the injured person so treated or examined, and shall be available to him
  or her as a defense in any action by such  podiatrist  for  payment  for
  treatment rendered by a podiatrist after he or she has been removed from
  the list of podiatrists authorized to render podiatry care or to conduct
  independent  medical  examinations  under  this  section,  or  after the
  injured person was transferred from his or her care in  accordance  with
  the  provisions  of  this section. The podiatry practice committee if it
  deems such licensed podiatrist duly qualified  shall  recommend  to  the
  chair  that such podiatrist be authorized to render podiatry care and/or
  to conduct independent medical examinations  under  this  section.  Such
  recommendation  shall  be  advisory  to  the chair only and shall not be
  binding or conclusive upon him or  her.  The  chair  shall  prepare  and
  establish  a  schedule  for  the  state, or schedules limited to defined
  localities, of charges and fees for podiatry treatment and care,  to  be
  determined  in  accordance  with and to be subject to change pursuant to
  rules promulgated by the chair. Before preparing such schedule  for  the
  state  or  schedules  for limited localities the chair shall request the
  podiatry practice committee to submit to him or  her  a  report  on  the
  amount  of remuneration deemed by such committee to be fair and adequate
  for the types of podiatry care to be rendered under  this  chapter,  but
  consideration  shall  be  given to the view of other interested parties.
  The amounts payable by the employer  for  such  treatment  and  services
  shall be the fees and charges established by such schedule.
    3.  (a)  No  claim  for  podiatry care or treatment shall be valid and
  enforceable  as  against  the  employer  or   employee   unless   within
  forty-eight  hours  following  the first treatment the podiatrist giving
  such care or treatment furnish to the employer and directly to the chair
  a preliminary notice of such injury and treatment, within  fifteen  days
  thereafter  a  more  complete  report  and  subsequent  thereto progress
  reports as requested  in  writing  by  the  chair,  board,  employer  or
  insurance carrier, at intervals of not less than three weeks apart or at
  less  frequent  intervals if requested on forms prescribed by the chair.
  The board may excuse  the  failure  to  give  such  notices  within  the
  designated  periods when it finds it to be in the interest of justice to
  do so.
    (b) Upon receipt of the notice provided for by paragraph (a)  of  this
  subdivision,  the  employer,  the carrier and the claimant each shall be
  entitled to  have  the  claimant  examined  by  a  qualified  podiatrist
  authorized  by  the  chair  in  accordance  with subdivision two of this
  section and section one hundred  thirty-seven  of  this  chapter,  at  a
  medical  facility  convenient to the claimant and in the presence of the
  claimant's podiatrist, and refusal by the claimant  to  submit  to  such
  independent  medical examination at such time or times as may reasonably
  be necessary in the opinion of the board shall  bar  the  claimant  from
  recovering  compensation  for  any  period  during  which  he or she has
  refused to submit to such examination.
    (c) Where it would place an unreasonable burden upon the  employer  or
  carrier  to  arrange  for, or for the claimant to attend, an independent
  medical examination by an authorized podiatrist, the employer or carrier
  shall arrange for such  examination  to  be  performed  by  a  qualified
  podiatrist in a medical facility convenient to the claimant.
    (d)  The independent podiatric examiner shall provide such reports and
  shall submit to investigation as required by the chair.
    (e) In order to qualify as admissible medical evidence,  for  purposes
  of  adjudicating  any  claim under this chapter, any report submitted to
  the board by an independent podiatric examiner licensed by the state  of
  New York shall include the following:
    (i)  a  signed  statement  certifying  that  the  report is a full and
  truthful  representation  of  the   independent   podiatric   examiner's
  professional opinion with respect to the claimant's condition,
    (ii) such examiner's board issued authorization number,
    (iii) the name of the individual or entity requesting the examination,
    (iv)  if  applicable,  the  registration number as required by section
  thirteen-n of this article, and
    (v) such other information as the chair may require by regulation.
    4. Fees for  podiatry  services  shall  be  payable  only  to  a  duly
  authorized  podiatrist  as  defined  in  this  section  or to the agent,
  executor  or  administrator  of  the  estate  of  such  podiatrist.   No
  podiatrist rendering treatment to a compensation claimant, shall collect
  or  receive  a  fee from such claimant within this state, but shall have
  recourse for payment of services rendered only to the employer under the
  provisions of this section.
    5. Whenever his attendance at a hearing is required, the podiatrist of
  the injured employee shall  be  entitled  to  receive  a  fee  from  the
  employer  in  an amount to be fixed by the board, in addition to any fee
  payable under section eight thousand one of the civil practice  law  and
  rules.
    6.  The provisions of subdivisions one and three of section thirteen-g
  of this article with respect to the conditions under which  a  hospital,
  physician  or  self-employed  physical  or  occupational  therapist  may
  request payment or arbitration of a bill, or under which an award may be
  made  for payment of such bill, shall be applicable to bills rendered by
  a podiatrist for services  rendered  to  an  injured  employee.  If  the
  parties  fail  to  agree as to the value of podiatry care rendered under
  this chapter to a claimant such value shall be decided by an arbitration
  committee consisting of three duly registered and  licensed  podiatrists
  who  are  members  of a recognized professional association representing
  podiatrists in the state of  New  York,  one  to  be  appointed  by  the
  president of such an association, one to be appointed by the employer or
  carrier   and  one  to  be  appointed  by  the  chair  of  the  workers'
  compensation board and the majority decision of such committee shall  be
  conclusive  upon  the  parties as to the value of the services rendered.
  The board or  the  chair  may  make  an  award  not  in  excess  of  the
  established  fee  schedules  for  any  such  bill  or part thereof which
  remains unpaid in the same manner as an award for bills  rendered  under
  subdivisions  one  and  three of section thirteen-g of this article, and
  such award may be collected in like manner as an aware of compensation.
    Where a podiatrist's bill has been determined to be due and  owing  in
  accordance  with  the provisions of this section the board shall include
  in the amount of the award interest of not more than  one  and  one-half
  percent  (1 1/2%) per month payable to the podiatrist in accordance with
  the rules and regulations promulgated by  the  board.  The  chair  shall
  assess the sum of fifty dollars against the employer for each such award
  made by the board, which sum shall be paid into the state treasury.
    A  provider  initiating  an arbitration pursuant to this section shall
  pay a fee, as determined by regulations promulgated by the chair, to  be
  used to cover the costs related to the conduct of such arbitration. Upon
  resolution  in  favor of such party, the amount due, based upon the bill
  in dispute, shall be increased by the amount of the  fee  paid  by  such
  party.  Where  a  partial  award is made, the amount due, based upon the
  bill in dispute shall be increased by a part of such fee. Each member of
  the arbitration committee shall be entitled to receive and shall be paid
  a fee for each day's attendance at an arbitration session in  an  amount
  fixed by the chair of the workers' compensation board.
    7. Within the limits prescribed by the education law for podiatry care
  and  treatment,  the  report  or  testimony  of an authorized podiatrist
  concerning the condition of the foot of  an  injured  employee  and  the
  treatment   thereof   shall   be   deemed  competent  evidence  and  the
  professional opinion of the podiatrist as to causal relation and  as  to
  required   treatment   shall  be  deemed  competent  but  shall  not  be
  controlling. Nothing in this section shall  be  deemed  to  deprive  any
  employer  or  insurance  carrier  of any right to medical examination or
  presentation of medical testimony now conferred by law.
    8. The chairman shall promulgate rules governing the procedure  to  be
  followed  by  those  rendering  podiatry  care under this section, which
  rules so far as practicable shall conform  to  the  rules  presently  in
  effect  with  reference  to  medical  care  furnished  to  claimants  in
  workmen's compensation. In connection  with  the  promulgation  of  said
  rules   the   chairman  may  consult  the  podiatry  practice  committee
  hereinafter provided and may take into consideration the view  of  other
  interested parties.
    9.  The chairman shall appoint for and with jurisdiction in the entire
  state of New York a single podiatry practice committee composed  of  one
  duly licensed physician and two duly registered and licensed podiatrists
  of  the  state of New York. Each podiatry member of said committee shall
  have been engaged in the practice of podiatry as a duly  registered  and
  licensed podiatrist of the state of New York at least ten years prior to
  the  time of his appointment and shall receive compensation either on an
  annual  basis  or on a per diem basis to be fixed by the chairman within
  amounts appropriated therefor. One of said members shall  be  designated
  by  the  chairman  as  chairman  of said podiatry practice committee. No
  member of said committee shall  render  podiatry  treatment  under  this
  section  nor be employed by or accept or participate in any fee from any
  insurance company authorized to write workmen's  compensation  insurance
  in  this  state or from any self-insurer, whether such employment or fee
  relates to a workmen's compensation claim  or  otherwise.  The  attorney
  general, upon request, shall advise and assist such committee.
    10.  The  podiatry practice committee shall investigate, hear and make
  findings with respect  to  all  charges  as  to  professional  or  other
  misconduct  of  any authorized podiatrist as herein provided under rules
  and procedures to be prescribed by the chair and shall  report  evidence
  of  such misconduct, with their findings and recommendation with respect
  thereto, to the chair. The findings, decision and recommendation of such
  podiatry practice committee shall be advisory to  the  chair  only,  and
  shall  not  be  binding  or  conclusive upon him or her. The chair shall
  remove from the list of podiatrists authorized to render  podiatry  care
  under  this  chapter  or  to conduct independent medical examinations in
  accordance with paragraph (b) of subdivision three of this  section  the
  name  of  any  podiatrist  who  he  or  she  shall find after reasonable
  investigation is disqualified because such podiatrist
    (a)  has  been  guilty  of  professional  or   other   misconduct   or
  incompetency  in  connection  with  podiatry services rendered under the
  law; or
    (b) has exceeded the limits of his or her professional  competence  in
  rendering  podiatry  care  under  the  law, or has made materially false
  statements regarding his or her qualifications in his or her application
  for authorization; or
    (c) has failed to submit timely, full and truthful podiatry reports of
  all his or her findings to the employer and directly to the chair or the
  board within the time limits provided in this section; or
    (d) has knowingly made a false  statement  or  presentation  as  to  a
  material  fact in any medical report made pursuant to this chapter or in
  testifying or otherwise providing information for the purposes  of  this
  chapter; or
    (e)  has  solicited  or has employed another to solicit for himself or
  herself or for another professional treatment, examination or care of an
  injured employee with any claim under this chapter; or
    (f) has  refused  to  appear  before,  to  testify,  to  submit  to  a
  deposition,  or  to  answer  upon request of, the chair, board, podiatry
  practice committee or any duly authorized  officer  of  the  state,  any
  legal  question  or produce any relevant book or paper concerning his or
  her conduct under an authorization granted to him or her under the  law,
  or
    (g)  has directly or indirectly requested, received or participated in
  the division, transference, assignment, rebating, splitting or refunding
  of a fee for, or has  directly  or  indirectly  requested,  received  or
  profited  by  means  of  a  credit  or other valuable consideration as a
  commission, discount or gratuity in connection with  the  treatment,  or
  independent  medical  examination,  of a workers' compensation claimant.
  Nothing contained in this paragraph shall prohibit such podiatrists  who
  practice  as  partners,  in groups or as a professional corporation from
  pooling  fees  and  moneys  received,   either   by   the   partnership,
  professional corporation or group by the individual members thereof, for
  professional  services  furnished by any individual professional member,
  or employee of such partnership, corporation or  group,  nor  shall  the
  professionals  constituting  the  partnership,  corporation, or group be
  prohibited  from  sharing,  dividing or apportioning the fees and moneys
  received by  them  or  by  the  partnership,  corporation  or  group  in
  accordance with a partnership or other agreement.
    11. Any person who violates or attempts to violate, and any person who
  aids  another  to  violate  or  attempts  to  induce  him to violate the
  provisions of paragraph g of subdivision ten of this  section  shall  be
  guilty of a misdemeanor.
    12.  Nothing  in  this  section  shall be construed as limiting in any
  respect the power or duty of the chairman to  investigate  instances  of
  misconduct,  either  before  or  after  investigation  by  the  podiatry
  practice committee or to temporarily suspend the  authorization  of  any
  podiatrist  that  he  may  believe  to be guilty of such misconduct. The
  provisions of subdivision one of  section  thirteen-d  of  this  article
  which  are not inconsistent with the provisions of this section shall be
  applicable as fully as if set forth herein.
    13. Upon the referral which may be directive as  to  treatment  of  an
  authorized  podiatrist  physical  therapy care may be rendered by a duly
  licensed physical therapist.