Authorizes the care and treatment of injured employees by duly licensed social workers under the workers' compensation program

Title of bill

An act to amend the workers' compensation law, in relation to the care and treatment of injured employees by certain licensed clinical social workers

Purpose

The bill authorizes the care and treatment of injured employees by licensed clinical social workers under the workers' compensation program. The expansion of qualified mental health providers available to deliver permitted Psychotherapeutic treatment will afford injured workers greater access to care and more provider options across New York State.

Summary of provisions

Section 1 amends the Workers' Compensation Law by adding a new section 13-p to include licensed clinical social workers as eligible providers of treatment under the Workers' Compensation program.

Justification

Currently, the only providers under the Workers' Compensation Law that may deliver mental health services to injured workers are physicians and licensed psychologists.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in the New York County Supreme Court of the State of New York issued a decision, clarifying that licensed clinical social workers, and licensed psychologists share the equivalent scopes of practice and professional functions.

New York State has a long history of providing health care consumers with the freedom of choosing from a number of qualified health c are service providers. Currently, licensed clinical social workers are eligible to receive reimbursement for the mental health services they provide to persons covered by (1) a variety of federal government health insurance plans, including the Federal Employees Health Benefits Program (FEHBP), which covers 10 million federal employees, retirees and their dependents, the Civilian Health and Medic al Program of the Uniformed Services (CHAMPUS) which is now referred to as Tricare and serves approximately 5.5 million beneficiaries, and Medicare, which has authorized clinical social workers to provide mental health services since 1990 and (2) essentially all managed behavioral health plans regionally and nationally as well as all group insurance plans in New York State. As such, licensed clinical social workers are currently eligible providers of mental health services to federal and state employees, and the dependents of military personnel stationed in New York, as well as to the many citizens of our state whose medical expenses a re covered by managed behavioral and group health insurance plans.

This bill would grant the same access to mental health service providers for job-related injuries under the Workers' Compensation Law that is now available for an insured individual's non job-related injuries. Many rural and inner city areas throughout New York are continuously struggling with a lack of accessible and qualified providers of mental health services. This bill assists the injured workers in the shortage areas throughout the state by affording them the accessible healthcare option of a licensed clinical social worker. Lastly, licensed clinical social workers have unique skills in providing Psychotherapeutic treatment within the context of the patient's environment as well as utilizing community, family and other social resources as an adjunct to treatment. It is this methodology which may reduce workers' compensation costs by enhancing the process

of rehabilitating persons who suffer from work-related illnesses and injuries, and returning them more quickly to gainful employment.

Legislative history

2007 - S.1623; REFERRED TO LABOR 2006 - S.7379; REFERRED TO LABOR

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.