NY Work Comp L § 13-K (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 13-K - 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 chair of the workers' 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 podiatric medical care, as hereinafter provided. If  the injury or condition is one which is without the limits prescribed by the education  law for podiatric medical 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 podiatric medical 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. The chair shall prepare and establish a  schedule  for  the  state,  or  schedules limited to defined localities, of charges and fees for podiatric medical 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  podiatric  medicine  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 podiatric  medical  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  section thirteen-b 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. (a) 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.  (b)  If  the  parties  fail  to agree as to the value of podiatry care rendered under this chapter  to  a  claimant,  and  the  amount  of  the disputed  bill  is  one thousand dollars or less, or where the amount of the disputed bill  exceeds  one  thousand  dollars  and  the  podiatrist expressly  so  requests,  such  value  shall  be  decided  by  a  single arbitrator process, pursuant to rules  promulgated  by  the  chair.  The chair   shall  appoint  a  member  in  good  standing  of  a  recognized professional association representing podiatrists in the  state  of  New York  to  determine  the value of such disputed bill. Decisions rendered under the single arbitrator process shall be conclusive upon the parties as to the value of the services in dispute.  (c) If the parties fail to agree as to  the  value  of  podiatry  care rendered under this chapter to a claimant and the amount of the disputed bill  exceeds one thousand dollars and the podiatrist does not expressly request a single arbitrator process in accordance with paragraph (b)  of this  subdivision,  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.  (d)  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 award 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.  (e)   A   provider  initiating  an  arbitration,  including  a  single arbitration process, pursuant to this section shall not be  required  to pay a fee related to the conduct of such arbitration. 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.