N.Y. WKC Law § 13-AA — New York Code / Act WKC / Article 2 / Section 13-AA
Medical appeals unit
Status: in_force

§ 13-aa. Medical appeals unit. 1. There is hereby created a medical\nappeals unit. Such medical appeals unit shall consist of three\nphysicians licensed to practice in this state and known to represent the\nschools of medical practice eligible to practice under this chapter. The\nmembers of the medical appeals units shall be appointed by the governor:\nprovided that the members of the medical appeals unit of the industrial\ncouncil heretofore appointed and in office at the time this section\ntakes effect shall be and they are hereby constituted members of the\nmedical appeals unit hereby created, and they shall continue in office\nas such until July first, nineteen hundred fifty-four. The members next\nappointed shall be appointed as follows: one for term expiring December\nthirty-first, nineteen hundred fifty-five; one for term expiring\nDecember thirty-first, nineteen hundred fifty-six; and one for term\nexpiring December thirty-first, nineteen hundred fifty-seven. The\nmembers thereafter appointed, except to fill a vacancy created otherwise\nthan by expiration of term, shall be appointed for terms of three years\neach. The governor may remove any member of the medical appeals unit\nwhen such member ceases to be licensed to practice. The chairman shall\ndesignate an employee of the board to act as secretary of the medical\nappeals unit.\n  2. Members of the medical appeals unit shall be entitled to\ncompensation at a rate not exceeding one hundred fifty dollars per day\nfor each day actually spent in the performance of their duties under\nthis chapter, but no member shall be entitled to compensation for such\nduties in excess of seven thousand five hundred dollars during any year.\nThey shall also be paid their reasonable and necessary traveling and\nother expenses while engaged in the performance of their duties.\n  3. The medical appeals unit shall (a) consider all matters connected\nwith the practice of medicine submitted to it by the workmen's\ncompensation board or the chairman thereof;\n  (b) prescribe rules and regulations to govern the procedure of\ninvestigations and hearings by the medical societies or boards of\ncharges against authorized physicians and licensed compensation medical\nbureaus, laboratories and bureaus engaged in x-ray diagnosis or\ntreatment, in clinical diagnosis or in physiotherapy or other\ntherapeutic procedures, as provided in section thirteen-d and thirteen-e\nof this chapter;\n  (c) review, upon request, charges made by a physician, compensation\nmedical bureau or laboratory or bureau engaged in x-ray diagnosis or\ntreatment, in clinical diagnosis, or in physiotherapy or other\ntherapeutic procedures, that any medical society or board has improperly\nrefused to recommend authorization of the physician, compensation\nmedical bureau or laboratory or bureau to do compensation work, and if\nit sustain the charges, recommend such authorization to the chairman;\n  (d) review, upon request, charges made by a physician, compensation\nmedical bureau or laboratory or bureau engaged in x-ray diagnosis or\ntreatment, in clinical diagnosis, or in physiotherapy or other\ntherapeutic procedures, that any medical society or board has improperly\nrecommended that his or its authorization to do compensation work be\nrevoked, and if it sustain the charges, recommend to the chairman that\nsuch authorization not be revoked.\n  In each case arising under this subdivision the medical appeals unit\nmay re-open the matter and receive further evidence, and its decision\nand recommendation shall be advisory to the chairman and shall not be\nbinding or conclusive upon him.\n  4. The medical appeals unit shall adopt rules and regulations to\ngovern its own proceedings. The secretary of the medical appeals unit\nshall keep a complete record of all the proceedings of the unit which\nshall show the names of the members present at each meeting and every\nmatter considered and the action taken thereon. Such records shall be\nfiled in the office of the secretary of the board.\n  5. The provisions of sections nineteen-a and nineteen-b of this\nchapter limiting and restricting professional activities of physicians\nor surgeons in the employ of the board shall also be applicable to and\nbinding upon members of the medical appeals unit.\n  6. For the purpose of exercising the powers and performing the duties\nset forth in this section, the medical appeals unit created hereunder\nshall be deemed to be a continuation of the medical appeals unit of the\nindustrial council of the department of labor; and all proceedings\npending before the medical appeals unit of the industrial council of the\ndepartment of labor, are hereby transferred to the medical appeals unit\nwithout prejudice to the rights of any party to such proceeding.\n  The medical appeals unit, subject to the provisions of this chapter,\nshall succeed to all the rights, powers, duties and obligations of the\nmedical appeals unit of the industrial council, insofar as they relate\nto workmen's compensation.\n  Wherever the term "medical appeals unit of the industrial council"\nappears in this chapter or in the rules or regulations promulgated\nthereunder, it shall be construed to mean the medical appeals unit\ncreated hereunder.\n