reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.2 - Report of attending podiatrist

Current through Register Vol. 46, No. 28, July 10, 2024
The attending podiatrist shall get from the claimant a
					 complete history of the claimant's injury or disease and shall report this to
					 the chair, together with a full report of the known injury or disease as
					 determined by his or her examination and diagnosis, as well as of any injury or
					 disease other than the foot. Known injury or disease includes any condition the
					 existence of which is ascertainable through experienced podiatry examination
					 and diagnosis. Reported injury or disease includes any condition the existence
					 of which is ascertainable either visually or from an authoritative source, such
					 as the claimant, employer, a physician, etc. The report of injury or disease so
					 ascertained shall not be deemed to constitute a professional diagnosis or
					 opinion.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.3 - Filing of reports

Current through Register Vol. 46, No. 28, July 10, 2024
In order to expedite the processing of claims of disabled
					 workers and to avoid, so far as possible, the appearance of podiatrists in
					 contested bill proceedings, the rules with respect to the filing of podiatry
					 reports by attending podiatrist are here stated:
(a) All podiatry reports filed by an
				  attending podiatrist must contain his or her authorization certificate number
				  and code letters.
(b) Every
				  podiatrist shall file the following reports directly with the chair, and also
				  with the employer or the employer's carrier, if known:
(1) within 48 hours following first
				  treatment, a 48-hour preliminary report;
(2) within 15 days after filing the 48-hour
				  preliminary report and in no event later than 17 days after first treatment, a
				  15-day report giving a complete report of injury and treatment;
(3) thereafter and during continuing
				  treatment and without further request, a progress report at intervals of 45
				  days or less;
(4) immediately upon
				  termination of treatment, a final report regardless of the date the last
				  previous report was filed, except that where treatment is terminated within 48
				  hours following first treatment, the 48-hour preliminary report shall
				  constitute the final report if so noted thereon;
(5) additional or more frequent reports when
				  requested by the chair and within three workdays after such request is
				  made.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.4 - Required authorization

Current through Register Vol. 46, No. 28, July 10, 2024
All rules and regulations of the chair, relating to
					 authorization for special services as set forth in section
					 325-1.4 
					 of this Title, are made applicable to requests for authorization for special
					 podiatry services to the extent that they are not inconsistent with the
					 provisions of section 13-k  of the Workers' Compensation Law, and the other
					 provisions duly promulgated thereunder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.5 - Surgical appliances

Current through Register Vol. 46, No. 28, July 10, 2024
In cases where the podiatrist prescribes a surgical
					 appliance for a claimant, the podiatrist shall notify the employer or carrier
					 of the need for such appliance and direct the claimant to the employer or
					 carrier for the purpose of securing from said employer or carrier authorization
					 for the purchase of such appliance before the same is furnished to the claimant
					 by the appliance dealer. Such appliance also may be furnished by the podiatrist
					 who is in charge of the case or by a podiatrist who is not in charge of the
					 case upon certification of need by the attending podiatrist or by the physician
					 having supervision of the case. If the appliance is furnished by a podiatrist
					 who is not in charge of the case, neither the podiatrist or physician in charge
					 of the case nor the podiatrist furnishing the appliance shall directly or
					 indirectly request, receive, or participate in the division, transference,
					 assignment, rebating, splitting or refunding of the fee or price for, or
					 directly or indirectly request, receive or profit by means of a credit or other
					 valuable consideration as a commission, discount or gratuity in connection with
					 the furnishing of, such appliance.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.6 - Duties of superseding podiatrist

Current through Register Vol. 46, No. 28, July 10, 2024
A podiatrist authorized to treat workers' compensation
					 cases, when requested to supersede another podiatrist or a physician, must
					 before beginning treatment, make reasonable effort to communicate with the
					 attending podiatrist or the physician to ascertain the patient's condition and
					 whether or not there is any injury or disease affecting any part of the body
					 other than the foot. The superseding podiatrist must also advise the attending
					 podiatrist or physician of the name of the person who has requested him to
					 assume care of the case and state the reason therefor. If the superseding
					 podiatrist cannot contact the attending physician or podiatrist and the
					 claimant's condition is such as to require immediate treatment of the foot, the
					 superseding podiatrist should advise the podiatrist or physician previously in
					 attendance, within 48 hours, that he or she now has the patient in his or her
					 care, and send a copy of such notice to the carrier and to the chair. The
					 preceding podiatrist or physician shall supply the superceding podiatrist or
					 physician with a complete history of the case.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.7 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No podiatrist
				  may be or continue to be authorized who is employed by or associated with a
				  purveyor of appliances, including shoes; except that employment of a podiatrist
				  by an employer solely for the purpose of rendering podiatry care to the
				  employer' s employees and their families shall not, of itself, prejudice the
				  podiatrist in his or her application to be authorized or to continue to be
				  authorized under the Workers' Compensation Law.
(b) All rules and procedures of the chair
				  relating to advertising by a physician as set forth in section
				  325-1.16 
				  of this Title are made applicable to podiatrists, to the extent that they are
				  not inconsistent with the provisions of section 13-k  of the Workers'
				  Compensation Law, and the other provisions duly promulgated
				  thereunder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.8 - Carriers not to supply names of authorized podiatrists

Current through Register Vol. 46, No. 28, July 10, 2024
Insurance carriers shall not supply names of authorized
					 podiatrists to their policyholders. Employers may secure a list of all
					 authorized podiatrists in the vicinity of their places of business by applying
					 to the chair.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.9 - Podiatrist fees for hearing purposes

Current through Register Vol. 46, No. 28, July 10, 2024
A podiatrist who testifies at hearings or examines
					 claimants or participates in examination for evidential material for
					 compensation case hearing purposes only, without treatment, may accept fees for
					 such services from the claimant, employer or carrier requesting the
					 examination.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.10 - Carrier's or employer's consultant not to treat employee

Current through Register Vol. 46, No. 28, July 10, 2024
No podiatrist who examines for an insurance carrier or an
					 employer or is a podiatric consultant for the carrier or employer in the case
					 of an injured employee, shall subsequently participate in the podiatric care of
					 such injured employee. Nothing herein contained shall affect the right of
					 transfer by written consent of the injured employee, but the superseding
					 podiatrist shall comply with the provisions of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.11 - Examination procedure

Current through Register Vol. 46, No. 28, July 10, 2024
When an examination is had under subdivision (3) of section 13-k  of the Workers' Compensation Law it shall be by a qualified podiatrist at
					 a place reasonably convenient to the claimant and in the presence of the
					 claimant's podiatrist or physician, if in the latter's opinion his or her
					 presence is necessary. A duplicate copy of all notices of request for such
					 examinations shall be sent to the attending podiatrist or
					 physician.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 341 - Podiatry Care And Treatment › Section 341.12 - Referral to authorized physician

Current through Register Vol. 46, No. 28, July 10, 2024
When the injury or condition is one without the limits
					 prescribed by the Education Law for podiatry care and treatment, or the
					 injuries or condition involved affect other parts of the body in addition to
					 the foot, the podiatrist must so advise the injured employee and instruct him
					 or her to consult an authorized physician, of said patient's choice, for
					 appropriate care and treatment. In such event the physician shall have overall
					 supervision of the patient's care.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chair refers to
				  the chairman, chairwoman or chair of the Workers' Compensation Board of the
				  State of New York.
(b) Carrier
				  refers to the employer or its insurer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.2 - Notice of objection to bill and podiatrist's decision regarding arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
				  of objection by a carrier to any podiatry bill shall be given to the chair in
				  duplicate and two copies to the podiatrist whose bill is in dispute within 30
				  days after such bill has been rendered on the form (A-1) prescribed by the
				  chair for that purpose. Where compensability of the claim is controverted and
				  has not yet been determined, or where other issues requiring Workers'
				  Compensation Board determination are interposed as reasons for nonpayment of
				  the bill, the notice of objection shall so state.
(b) Upon receipt of such notice of objection
				  (form A-1) the podiatrist may request arbitration by notifying the chair in
				  accordance with the following:
(1) if only
				  arbitration issues are raised, the request for arbitration shall he made within
				  60 days after receipt of the notice of objection (A-1);
(2) if there are issues requiring
				  adjudication by a Workers' Compensation Law Judge in addition to arbitration
				  issues, the request for arbitration shall be made within 60 days of the filing
				  of the decision in favor of the podiatrist; and
(3) failure to make timely request for
				  arbitration shall be deemed a waiver of the right to arbitration.
If the podiatrist wishes to arbitrate the bill, he shall
					 complete and sign the request for arbitration and forward it to the podiatry
					 arbitration committee together with a check to the order of the chair, Workers'
					 Compensation Board, in the sum of $5 as a minimum arbitration fee.
					 Notwithstanding any provision in this section to the contrary, upon application
					 of the podiatrist, the chair may for good cause shown excuse the podiatrist for
					 the delay in filing the request for arbitration, and schedule the disputed bill
					 for arbitration.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.3 - Date of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The chair shall prepare a calendar of cases for arbitration
					 and shall arrange a time and place of hearing. At least 30 days prior to the
					 date set for hearing, notice thereof shall be mailed to the podiatrist and
					 carrier, advising the date, time and place of hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.4 - Withdrawal of objection; settlement

Current through Register Vol. 46, No. 28, July 10, 2024
A carrier may file with the chair, not later than the 10th
					 day prior to the date set for hearing, a withdrawal of objection on a form
					 (A-3) prescribed by the chair for that purpose, in which event the chair will
					 refund to the podiatrist the $5 arbitration fee paid by him or her. If the
					 parties to the dispute settle their differences within 10 days prior to the
					 date set for hearing, notice of settlement on a form (A-4) prescribed by the
					 chair for that prupose shall be signed by all parties and filed with the chair
					 on or before the date set for hearing. The parties to such a settlement shall
					 each pay to the chair a minimum arbitration fee of $5 in the manner provided in
					 section
					 342.9 
					 of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.5 - Composition of arbitration committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with subdivision (6) of
				  section 13-k  of the Workers' Compensation Law, a podiatry arbitration committee
				  shall consist of three duly recognized 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.
(b) The arbitrator designated by the chair of
				  the Workers' Compensation Board shall serve as chair of the
				  committee.
(c) A nominee shall not
				  be eligible to serve as an arbitrator with relation to any bill rendered by a
				  podiatrist or disputed by a carrier with whom he or she is in any way
				  associated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.6 - Oaths, record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The arbitrators shall be required to take the oath of
					 office. The chair shall appoint a recording clerk, who is authorized to
					 administer oaths under the Workers' Compensation Law, who shall administer the
					 oath, and make a record of the proceedings on the prescribed form. A
					 stenographic transcript of the hearing shall not be required.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.7 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The arbitration committee shall not be bound by common law
					 or statutory rules of evidence or by technical or formal rules of procedure,
					 but may make such investigation or inquiry and conduct its hearing in such
					 manner as it deems proper and necessary in the premises. The arbitration
					 committee may, in the event of nonappearance, decide the value of the disputed
					 bill on the basis of the evidence before it. The majority decision of such a
					 committee shall be conclusive upon the parties as to the value of the services
					 rendered.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.8 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
The decision award shall be signed by the arbitrators, and
					 shall be filed with the chair, Workers' Compensation Board. Copies of notice of
					 decision shall be mailed to the parties to the dispute.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.9 - Payment of fees and award

Current through Register Vol. 46, No. 28, July 10, 2024
The parties to disputed podiatry bill proceedings shall
					 each pay to the chair a sum equal to five per centum of the amount payable
					 under such decision or $5, whichever is greater. If there is no amount payable
					 under such decision, or if the disputed bill is determined by notice of
					 settlement (A-4), each party to the proceedings shall pay to the chair a
					 minimum expense fee of $5. The sums so collected shall be transferred to the
					 State Treasury to reimburse it on account of the expense of administration.
					 Payment pursuant to the decision of the podiatry arbitration committee shall be
					 made as follows:
(a) If the amount of
				  the bill awarded under a decision other than a notice of settlement (A-4) is
				  more than $100, the carrier shall promptly:
(1) pay to the podiatrist the amount directed
				  in the award and decision, less the balance of the expense fee of five per
				  centum due from the podiatrist;
(2)
				  pay to the chair an expense fee due from the carrier of five per centum of the
				  amount directed in the award and decision, plus the balance of the expense fee
				  due from the podiatrist and deducted pursuant to paragraph (1) of this
				  subdivision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 342 - Arbitration Of Disputed Podiatry Bills › Section 342.10 - Filing of notices

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a notice is required to be filed with the chair,
					 such notice shall be filed with the Chair, Workers' Compensation Board, 180
					 Livingston Street, Brooklyn, NY 11248.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 343 - Podiatry Fee Schedule › Section 343.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
The fee schedule applicable to podiatry services shall be
					 the podiatry fee schedule in effect on the date on which the podiatry services
					 were rendered, regardless of the date of accident.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter E - Podiatry Practice › Part 343 - Podiatry Fee Schedule › Section 343.2 - Podiatry fee schedule; incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The podiatry fee schedule for podiatry
				  services shall be the Official New York Workers' Compensation Podiatry Fee
				  Schedule, updated December 26, 2018, prepared by the board and published by
				  OptumInsight, which is herein incorporated by reference.
(b) The Official New York
				  Workers'Compensation Podiatry Fee Schedule incorporated by reference herein may
				  be examined at the office of the Department of State, One Commerce Plaza, 99
				  Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of
				  the New York State Supreme Court, and the district offices of the board. Copies
				  may be purchased from OptumInsight, by writing to Official New York Workers'
				  Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone
				  at 1-800-464-3649, option 1; or online at www.optum360coding.com keyword New
				  York or https:// www.optum360coding.com/Product/40508/.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.1 - Application to practice chiropractic

Current through Register Vol. 46, No. 28, July 10, 2024
Application by a duly licensed chiropractor of the State of
					 New York to practice under the Workers' Compensation Law shall be made upon a
					 form furnished by the chairman, Workers' Compensation Board, which shall be
					 filed with the Chiropractic Practice Committee, Workers' Compensation Board,
					 180 Livingston Street, Brooklyn, NY 11248. Such application shall state, fully
					 and truthfully, all the information required by law and the applicant shall
					 make and sign the statutory agreement. The chairman will notify the
					 chiropractor of approval of his or her application within 60 days after receipt
					 by the chairman of a recommendation for approval from the Chiropractic Practice
					 Committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.2 - Investigation of application

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of such application, the Chiropractic
					 Practice Committee shall investigate and pass upon the same within 60 days of
					 such filing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.3 - Notification to applicant of nonapproval

Current through Register Vol. 46, No. 28, July 10, 2024
Upon refusal to recommend approval of an application for
					 authority to practice, the Chiropractic Practice Committee shall notify the
					 applicant, in writing, of such refusal.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.4 - Investigation and hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In any investigation or hearing conducted before the
					 Chiropractic Practice Committee pertaining to the revocation or suspension of
					 the authority of a chiropractor as provided under the Workers' Compensation
					 Law, the following rules of procedure shall apply:
(a) The accused chiropractor shall be given
				  30 days' notice in writing, containing a brief statement of the charge or
				  charges against such chiropractor and the time when and place where such charge
				  or charges will be heard. Such notice shall be served either personally or by
				  mail. At least 10 days prior to the return date in said notice, the accused
				  chiropractor shall file an answer with the Chiropractic Practice Committee,
				  answering the charges contained therein.
(b) On the hearing of such charge or charges,
				  the accused chiropractor shall be entitled to be represented by counsel and to
				  cross-examine witnesses. Witnesses shall be placed under oath. A verbatim
				  record of the proceedings shall be made.
(c) A true copy of the record of each
				  proceeding shall be submitted to the chairman, Workers' Compensation Board,
				  along with the report, findings and recommendation of the Chiropractic Practice
				  Committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.5 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The Chiropractic Practice Committee conducting a hearing
					 shall not be bound by common law or statutory rules of evidence or by technical
					 or formal rules of procedure, except as provided in this Subchapter; but may
					 make such investigation or inquiry or conduct such hearing in such manner as it
					 deems advisable and necessary in the premises.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.6 - Decision of committee

Current through Register Vol. 46, No. 28, July 10, 2024
The Chiropractic Practice Committee shall consist of three
					 members, two of whom shall constitute a quorum, and may proceed with the
					 transaction of such business as may come before them, and a decision by a
					 majority of the committee shall be deemed the decision of the entire
					 committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 345 - Procedure Before Chiropractic Practice Committee › Section 345.7 - Committee chairman, secretary

Current through Register Vol. 46, No. 28, July 10, 2024
The chairman, Workers' Compensation Board, shall designate
					 a member of the Chiropractic Practice Committee as chairman and shall also
					 appoint a secretary of such committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.1 - Limitation of chiropractic treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When care is required for a compensable
				  injury, an injured employee may select to treat him or her any duly registered
				  and licensed chiropractor authorized by the chair to render chiropractic care
				  only if said injury consists solely of a condition which may lawfully be
				  treated by a chiropractor as defined in section 6551  of the Education Law. If the injury
				  does not consist solely of a condition which may lawfully be treated by a
				  chiropractor or consists of multiple conditions, any one of which is outside
				  the limits prescribed by the Education Law for chiropractic care and treatment,
				  the chiropractor may not initially treat such employee for any condition but
				  must so advise the injured employee and instruct him or her to consult a
				  physician of the employee's choice for appropriate care and treatment. Such
				  physician shall supervise the treatment of said condition, including the future
				  treatment to be administered to the patient by the chiropractor.
(b) A chiropractor who is authorized to treat
				  workers' compensation claimants shall not be permitted to use radio-therapy,
				  fluoroscopy, or any form of ionizing radiation, except X-ray which shall be
				  used for the detection of structural imbalances, distortion, or subluxations in
				  the human body.
(c) A chiropractor
				  is not permitted to treat any infectious diseases such as pneumonia, any
				  communicable diseases listed in the Sanitary Code of the State of New York, any
				  of the cardio-vascular-renal or cardio-pulmonary diseases, any surgical
				  condition of the abdomen such as acute appendicitis or diabetes, or any benign
				  or malignant neoplasms; to operate; to reduce fractures or dislocations; to
				  prescribe, administer, dispense or use in his or her practice drugs or
				  medicines; or to use diagnostic or therapeutic methods involving chemical or
				  biological means except diagnostic services performed by clinical laboratories
				  which services shall be approved by the State Board for Chiropractic as
				  appropriate to the practice of chiropractic; or to utilize electrical devices
				  except those devices approved by the State Board for Chiropractic as being
				  appropriate to the practice of chiropractic.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.2 - Report of attending chiropractor

Current through Register Vol. 46, No. 28, July 10, 2024
The attending chiropractor shall obtain a complete history
					 from the claimant of his injury or disease and shall report this to the
					 chairman, together with a full report of the known injury or condition as
					 determined by his examination, as well as of any other injury or condition.
					 "Known" injury or condition includes any condition the existence of which is
					 ascertainable through chiropractic analysis. "Reported" injury or disease
					 includes any condition the existence of which is ascertainable either visually
					 or from an authoritative source, such as the claimant, employer, a physician,
					 etc. The report of injury or condition so ascertained shall not be deemed to
					 constitute a professional opinion.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.3 - Filing of reports

Current through Register Vol. 46, No. 28, July 10, 2024
In order to expedite the processing of claims of disabled
					 workers and to avoid, so far as possible, the appearance of chiropractors in
					 contested bill proceedings, the rules with respect to the filing of
					 chiropractic reports by an attending chiropractor are here stated:
(a) All chiropractic reports filed by an
				  attending chiropractor must contain his authorization certificate number, and
				  code letters, address and telephone number.
(b) Every chiropractor shall file the
				  following reports directly with the chairman, and also with the employer or the
				  employer's carrier, if known:
(1) within 48
				  hours following first treatment, a 48-hour preliminary report (form
				  C-48C);
(2) within 15 days after
				  filing the 48-hour preliminary report and in no event later than 17 days after
				  first treatment, a 15-day report giving a complete report of injury and
				  treatment (form C-4C);
(3)
				  thereafter and during continuing treatment and without further request, a
				  progress report at intervals of 22 days or less (form C-4C);
(4) immediately upon termination of
				  treatment, a final report (form C-4C) regardless of the date the last previous
				  report was filed, except that where treatment is terminated within 48 hours
				  following first treatment, the 48-hour preliminary report shall constitute the
				  final report if so noted thereon; and
(5) additional or more frequent reports when
				  requested by the chairman and within three workdays after such request is
				  made.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.4 - Required authorization

Current through Register Vol. 46, No. 28, July 10, 2024
All rules and procedures of the chair, relating to
					 authorization for special services as set forth in section
					 325-1.4 
					 of this Title, are made applicable to requests for authorization for special
					 chiropractic services to the extent that they are not inconsistent with the
					 provisions of section 13-1 of the Workers' Compensation Law, and the other
					 provisions duly promulgated thereunder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.5 - Back belt or support

Current through Register Vol. 46, No. 28, July 10, 2024
In cases where the chiropractor prescribes a back belt or
					 support for a claimant, the chiropractor shall notify the employer or carrier
					 of the need for such belt or support and direct the claimant to the employer or
					 carrier for the purpose of securing from said employer or carrier authorization
					 for the purchase of such belt or support before the same is furnished to the
					 claimant by the supplier. Such belt or support also may be furnished by the
					 chiropractor who is in charge of the case or by a chiropractor who is not in
					 charge of the case upon certification of need by the attending chiropractor by
					 the physician having supervision of the case. If the belt or support is
					 furnished by a chiropractor who is not in charge of the case, neither the
					 chiropractor or physician in charge of the case nor the chiropractor furnishing
					 the belt or support shall directly or indirectly request, receive or
					 participate in the division, transference, assignment, rebating, splitting or
					 refunding of the fee or price for, or directly or indirectly request, receive
					 or profit by means of a credit or other valuable consideration as a commission,
					 discount or gratuity in connection with the furnishing of, such belt or
					 support.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.6 - Duties of chiropractor assuming chiropractic care and treatment of a claimant previously treated by a physician or chiropractor

Current through Register Vol. 46, No. 28, July 10, 2024
A chiropractor authorized to treat workers' compensation
					 cases, when requested to render chiropractic treatment to a claimant who has
					 previously been treated by a physician or chiropractor, must, before beginning
					 treatment, make reasonable effort to communicate with the attending
					 chiropractor or physician to ascertain the patient's condition and whether or
					 not there is any injury or disease affecting any part of the body outside the
					 limits prescribed by the Education Law for chiropractic care and treatment.
					 Such chiropractor must also advise the attending chiropractor or physician of
					 the name of the person who has requested him to assume care of the case and
					 state the reason therefor. If the new chiropractor cannot contact the attending
					 chiropractor or physician, and the claimant's condition is such as to require
					 immediate treatment, the new chiropractor should advise the chiropractor or
					 physician previously in attendance, within 48 hours, that he now has the
					 patient in his care and send a copy of such notice to the carrier and to the
					 chairman. The preceding chiropractor or physician shall supply the new
					 chiropractor with a complete history of the case.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.7 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
All rules and procedures of the chairman, relative to
					 advertising by a physician as set forth in section
					 325-1.16 
					 of this Title are made applicable to chiropractors, to the extent that they are
					 not inconsistent with the provisions of section 13-1 of the Workers'
					 Compensation Law and the other provisions duly promulgated
					 thereunder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.8 - Carriers not to supply names of authorized chiropractors

Current through Register Vol. 46, No. 28, July 10, 2024
Insurance carriers shall not supply names of authorized
					 chiropractors to their policyholders. Employers may secure a list of all
					 authorized chiropractors in the vicinity of their places of business by
					 applying to the chairman.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.9 - Chiropractor's fees for hearing purposes

Current through Register Vol. 46, No. 28, July 10, 2024
A chiropractor who testifies at hearings or examines
					 claimants or participates in examination for evidentiary purposes only, without
					 treatment, may accept fees for such services from the claimant, employer or
					 carrier requesting the examination.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.10 - Carrier's or employer's consultant not to treat employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No chiropractor who examines for an
				  insurance carrier or an employer or is a chiropractic consultant for the
				  carrier or employer in the case of an injured employee, shall subsequently
				  participate in the chiropractic care of such injured employee. Nothing herein
				  contained shall affect the right of such transfer by written consent of the
				  injured employee, but the succeeding chiropractor shall comply with the
				  provisions of section
				  346.6 
				  of this Part.
(b) No chiropractor
				  shall be designated by the insurance carrier to examine an injured employee if
				  such chiropractor has previously treated or examined the employee or has been
				  consulted concerning the case at the employee's request.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.11 - Examination procedure

Current through Register Vol. 46, No. 28, July 10, 2024
When an examination is had under section 13-1(3) of the
					 Workers' Compensation Law, it shall be by a qualified chiropractor or physician
					 at a place reasonably convenient to the claimant and in the presence of the
					 claimant's chiropractor or physician, if in the latter's opinion his presence
					 is necessary. A duplicate copy of all notices of request for such examination
					 shall be sent to the attending chiropractor or physician.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 346 - Chiropractic Care And Treatment › Section 346.12 - Referral to authorized physician

Current through Register Vol. 46, No. 28, July 10, 2024
When the injury or condition is one outside of the limits
					 prescribed by the Education Law for chiropractic care and treatment, the
					 chiropractor must so advise the injured employee and instruct him to consult an
					 authorized physician, of said employee's choice, for appropriate care and
					 treatment. In such event the physician shall have overall
					 supervision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chairman refers
				  to the chairman of the Workers' Compensation Board of the State of New
				  York.
(b) Carrier refers to the
				  employer or his insurer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.2 - Notice of objection to bill

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of objection by a carrier to any bill for
					 chiropractic care shall be given to the chairman in duplicate and two copies
					 thereof given to the chiropractor whose bill is in dispute, within 30 days
					 after such bill has been rendered, on the form (A-1) prescribed by the chairman
					 for that purpose. Where compensability of the claim is controverted and has not
					 yet been determined, or where other issues requiring Workers' Compensation
					 Board determination are interposed as reasons for nonpayment of the bill, the
					 notice of objection shall so state.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.3 - Chiropractor's decision regarding arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of such notice of objection
				  (form A-1), the chiropractor may request arbitration by notifying the chairman
				  in accordance with the following:
(1) if only
				  arbitration issues are raised, the request for arbitration shall be made within
				  60 days after receipt of the notice of objection (A-1);
(2) if there are issues requiring
				  adjudication by a Workers' Compensation Law judge in addition to arbitration
				  issues, the request for arbitration shall be made within 60 days of the filing
				  of the decision in favor of the chiropractor; and
(3) failure to make timely request for
				  arbitration shall be deemed a waiver of the right to arbitration.
If the chiropractor wishes to arbitrate the bill, he shall
					 complete and sign the request for arbitration and forward it to the
					 Chiropractic Practice Committee together with a check to the order of the
					 Chairman, Workers' Compensation Board, in the sum of $5 as a minimum expense
					 fee. Notwithstanding any provision in this section to the contrary, upon
					 application of the chiropractor, the chairman may for good cause shown excuse
					 the chiropractor for the delay in filing the request for arbitration, and
					 schedule the disputed bill for arbitration.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.4 - Date of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The Chiropractic Practice Committee shall prepare a
					 calendar of disputed bills and shall arrange a time and place of hearing. At
					 least 30 days prior to the date set for hearing, notice thereof shall be mailed
					 to the chiropractor and carrier, advising the date, time and place of
					 hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.5 - Withdrawal of objection; settlement

Current through Register Vol. 46, No. 28, July 10, 2024
A carrier may file with the chairman, not later than the
					 10th day prior to the date set for hearing, a withdrawal of objection on a form
					 (A-3) prescribed by the chairman for that purpose, in which event the chairman
					 will refund to the chiropractor the $5 expense fee paid by him. If the parties
					 to the dispute settle their differences within 10 days prior to the date set
					 for hearing, notice of settlement on a form (A-4) prescribed by the chairman
					 for that purpose shall be signed by all parties and filed with the chairman on
					 or before the date set for hearing. The parties to such a settlement shall each
					 pay to the chairman a minimum expense fee of $5 in the manner provided in
					 section
					 347.8 
					 of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.6 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The Chiropractic Practice Committee shall not be bound by
					 common law or statutory rules of evidence or by technical or formal rules of
					 procedure, but may make such investigation or inquiry and conduct its hearing
					 in such a manner as it deems proper and necessary in the premises. The
					 Chiropractic Practice Committee may, in the event of nonappearance, decide the
					 value of the disputed bill on the basis of the evidence before it. Said hearing
					 may be held by one or more of the members of the Chiropractic Practice
					 Committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.7 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
The decision of the Chiropractic Practice Committee may be
					 made in executive session. In arriving at a determination, the decision of two
					 members of the Chiropractic Practice Committee shall constitute the decision of
					 the committee, and be binding upon the parties. The decision or determination
					 shall be signed by members of the Chiropractic Practice Committee making the
					 decision, and shall be filed with the record of the case. Copies of notice of
					 decision shall be mailed to the parties to the dispute.