Authorizes certain care and treatment to injured employees

BILL NUMBER:A10323

Title of bill

An act to amend the workers' compensation law, in relation to authorizing certain care and treatment to injured employees

Purpose or general idea of bill

Provides that the Chair of the work- er's compensation board can set a fee schedule for massage therapy services for injured employees

Summary of specific provisions

Section 1 Amends section 13 of the worker's compensation law to allow the chair of the workers' compen- sation board to set the fee schedule for massage therapy services provided to injured employees upon referral by the injured employee's physician.

Section 2 amends section 13-g of the workers' compensation law to allow for the payment of bills for massage therapy services under the workers' compensation law.

Justification

Although massage therapists are licensed to provide care to patients in New York State under the provisions of Article 155 of the Education Law, injured employees can only be reimbursed for massage therapy services on an ad-hoc basis with some workers' compensation carriers allowing it and others denying it.

This bill would establish a fee schedule for massage therapy in the same manner as physical and occupational therapy and allow an injured employ- ee to receive reimbursement for massage therapy services. Massage is now used in intensive care units, for children, elderly people, babies in incubators, and patients with cancer, AIDS, heart attacks, or strokes. Most American hospices have some kind of body-work therapy available, and it is frequently offered in health centers, drug treat- ment clinics, and pain Clinics.

An October 2003 study by the American Hospital Association (AHA), with support from the American Massage Therapy Association (ANITA), shows that many hospitals are incorporating massage therapists into their pain management programs.

Of the 1,007 hospitals responding to the AHA survey, massage therapy was the most prevalent CAM (complementary and alternative medicine) offer- ing, with 82 percent of the hospitals reporting CAM use saying they include massage therapy. Of the hospitals with massage therapy programs, more than 70 percent utilize massage therapy for pain management and pain relief.

The AHA survey and the growing use of massage therapy as revealed in annual consumer surveys suggests that hospitals and health care organ- izations are positively responding to the consensus of research and evidence highlighting the benefits of massage. Recent clinical research on the efficacy of massage for pain management has demonstrated that:

1 Massage therapy is more effective for chronic back pain than other complementary therapies.

2 Massage therapy promotes relaxation and alleviates the perception of pain and anxiety in cancer patients.

3 Massage therapy reduces post-traumatic headaches better than cold pack treatments.

4 A pilot study conducted at Cedars-Sinai Medical Center in Los Angeles found that massage, as part of hospital-based surgery treatment, reduces pain and muscle spasms in patients who have undergone heart bypass surgery.

5 Massage stimulates the brain to produce endorphins.

The National Institutes of Health (NM) has identified the management and treatment of pain as a significant national health issue. According to NTH, pain is the most common reason people seek medical care and that more than one-third of all Americans will suffer from chronic pain at some point in their lives. Chronic pain accounts for more than $100 billion in annual losses to American businesses (through health care expenses and lost productivity) and approximately 14 percent of all employees take time off from work due to pain each year.

Prior legislative history

01/09/09 referred to labor 05/20/08 held for consideration in labor

Fiscal implications

None.

Effective date

Immediately.