NY Work Comp L § 13-AA (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 13-AA - Medical Appeals Unit.

§  13-aa.  Medical  appeals unit. 1. There is hereby created a medical appeals  unit.  Such  medical  appeals  unit  shall  consist  of   three physicians licensed to practice in this state and known to represent the schools of medical practice eligible to practice under this chapter. The members of the medical appeals units shall be appointed by the governor: provided  that the members of the medical appeals unit of the industrial council heretofore appointed and in office  at  the  time  this  section takes  effect  shall  be  and they are hereby constituted members of the medical appeals unit hereby created, and they shall continue  in  office as  such until July first, nineteen hundred fifty-four. The members next appointed shall be appointed as follows: one for term expiring  December thirty-first,   nineteen  hundred  fifty-five;  one  for  term  expiring December thirty-first, nineteen hundred  fifty-six;  and  one  for  term expiring   December  thirty-first,  nineteen  hundred  fifty-seven.  The members thereafter appointed, except to fill a vacancy created otherwise than by expiration of term, shall be appointed for terms of three  years each.  The  governor  may  remove any member of the medical appeals unit when such member ceases to be licensed to practice. The  chairman  shall designate  an  employee  of the board to act as secretary of the medical appeals unit.   2.  Members  of  the  medical  appeals  unit  shall  be  entitled   to compensation  at  a rate not exceeding one hundred fifty dollars per day for each day actually spent in the performance  of  their  duties  under this  chapter,  but no member shall be entitled to compensation for such duties in excess of seven thousand five hundred dollars during any year. They shall also be paid their reasonable  and  necessary  traveling  and other expenses while engaged in the performance of their duties.   3.  The  medical appeals unit shall (a) consider all matters connected with  the  practice  of  medicine  submitted  to  it  by  the  workmen's compensation board or the chairman thereof;  (b)  prescribe  rules  and  regulations  to  govern  the  procedure of investigations and hearings  by  the  medical  societies  or  boards  of charges  against authorized physicians and licensed compensation medical bureaus,  laboratories  and  bureaus  engaged  in  x-ray  diagnosis   or treatment,   in   clinical   diagnosis  or  in  physiotherapy  or  other therapeutic procedures, as provided in section thirteen-d and thirteen-e of this chapter;  (c) review, upon request, charges made by  a  physician,  compensation medical  bureau  or  laboratory  or bureau engaged in x-ray diagnosis or treatment,  in  clinical  diagnosis,  or  in  physiotherapy   or   other therapeutic procedures, that any medical society or board has improperly refused  to  recommend  authorization  of  the  physician,  compensation medical bureau or laboratory or bureau to do compensation work,  and  if it sustain the charges, recommend such authorization to the chairman;  (d)  review,  upon  request, charges made by a physician, compensation medical bureau or laboratory or bureau engaged  in  x-ray  diagnosis  or treatment,   in   clinical  diagnosis,  or  in  physiotherapy  or  other therapeutic procedures, that any medical society or board has improperly recommended that his or its authorization to  do  compensation  work  be revoked,  and  if it sustain the charges, recommend to the chairman that such authorization not be revoked.   In each case arising under this subdivision the medical  appeals  unit may  re-open  the  matter and receive further evidence, and its decision and recommendation shall be advisory to the chairman and  shall  not  be binding or conclusive upon him.   4.  The  medical  appeals  unit  shall  adopt rules and regulations to govern its own proceedings. The secretary of the  medical  appeals  unit shall  keep  a  complete record of all the proceedings of the unit which  shall show the names of the members present at each  meeting  and  every matter  considered  and  the action taken thereon. Such records shall be filed in the office of the secretary of the board.   5.  The  provisions  of  sections  nineteen-a  and  nineteen-b of this chapter limiting and restricting professional activities  of  physicians or  surgeons  in the employ of the board shall also be applicable to and binding upon members of the medical appeals unit.   6. For the purpose of exercising the powers and performing the  duties set  forth  in  this section, the medical appeals unit created hereunder shall be deemed to be a continuation of the medical appeals unit of  the industrial  council  of  the  department  of  labor; and all proceedings pending before the medical appeals unit of the industrial council of the department of labor, are hereby transferred to the medical appeals  unit without prejudice to the rights of any party to such proceeding.   The  medical  appeals unit, subject to the provisions of this chapter, shall succeed to all the rights, powers, duties and obligations  of  the medical  appeals  unit of the industrial council, insofar as they relate to workmen's compensation.   Wherever the term "medical appeals unit  of  the  industrial  council" appears  in  this  chapter  or  in  the rules or regulations promulgated thereunder, it shall be construed  to  mean  the  medical  appeals  unit created hereunder.