New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter C - Medical Treatment and Care › Part 325 - Medical And Surgical Care And Treatment › Subpart 325-7 - Diagnostic Testing Networks › Section 325-7.3 - Requirements to be a diagnostic testing network

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A diagnostic testing network must be
					 legally and properly organized as defined in section
					 325-7.1(j) 
					 of this Subpart.
(b) Any diagnostic
					 testing network that contracts or has an agreement with an insurance carrier
					 pursuant to Workers' Compensation Law section 13-a(7) and this Subpart must
					 file with the chair within 30 days after the effective date of this Subpart or
					 30 days before any diagnostic examinations and tests of claimants are
					 scheduled:
(1) copies of the basic
					 organizational documents of the diagnostic testing network, along with proof
					 that those documents which must be filed with the Secretary of State have been
					 so filed, such as the certificate of incorporation, bylaws, articles of
					 organization, partnership agreement, trust agreement, operating agreement or
					 other applicable documents and agreements, and all amendments
					 thereto;
(2) the name or names
					 under which it is registered with the Department of State;
(3) the name or names under which it conducts
					 business;
(4) the address or
					 addresses of its administrative office and each of the offices where it
					 conducts any business;
(5) the
					 telephone numbers of each administrative office and business
					 location;
(6) the network's, as
					 well as any affiliated network provider's, tax identification number;
(7) the name, title, and telephone number of
					 the contact person for the network;
(8) a list of the names, addresses, telephone
					 numbers, and official positions of the members of the board of directors,
					 members or managers of a limited liability company, officers, controlling
					 persons, owners or partners and medical director of the diagnostic testing
					 network, updated annually;
(9) a
					 copy of the proposed contract, form of contract or any memorandum of
					 understanding between the parties, and all attachments thereto, to be made with
					 affiliated network providers and any changes or amendments thereto, which shall
					 include:
(i) provisions allowing access by the
					 diagnostic testing network to the test results, reports and records of the
					 affiliated network providers;
(ii)
					 provisions requiring affiliated network providers to seek consent from the
					 claimant at the time diagnostic examinations and tests are performed;
(iii) provisions requiring all affiliated
					 medical providers practicing in New York State to be authorized by the chair to
					 treat injured workers;
(iv)
					 provisions setting forth the process to address complaints by treating medical
					 providers regarding the readability of the diagnostic examinations and
					 tests;
(10) a copy of
					 the proposed agreement, contract or form of contract, and all attachments
					 thereto, to be made between the diagnostic testing network and any insurance
					 carrier;
(11) a description of the
					 services provided by the network and its affiliated network providers,
					 including a description of the relationship between the network and its owners,
					 officers, or partners and the affiliated network providers;
(12) a description of the proposed service
					 area and any changes thereto;
(13)
					 a list of the names and physical addresses of the medical facility or
					 professional office location(s) where diagnostic examinations and tests will be
					 performed;
(14) a description of
					 the diagnostic examinations and tests offered at each medical facility or
					 professional office location listed in paragraph (13) of this subdivision, and
					 the web address where a complete list of such diagnostic examinations and tests
					 may be located;
(15) a list of the
					 names, addresses, and board authorization numbers, for those practicing in New
					 York State, of the medical providers who may perform and/or interpret the
					 diagnostic examinations and tests at each listed location;
(16) a description of any quality assurance
					 program and any quality assessment and performance improvement plan, along with
					 any documentation about such program and plan; and
(17) a description of the process affiliated
					 network providers must follow and the credentials they must have to contract or
					 be affiliated with the diagnostic testing network.