What's happening
This bill creates an advisory committee to oversee and recommend improvements for independent medical examinations under New York's workers' compensation law.
Why it matters
Brings diverse stakeholders together. The committee is structured to include representatives from labor, business, government, and the state insurance fund, ensuring that multiple perspectives (workers, employers, state agencies) have a voice in overseeing independent medical exams.
Aims to improve fairness and quality in medical exams. By reviewing and recommending changes to laws and regulations, the committee seeks to address concerns about the quality, impartiality, and effectiveness of exams that impact injured workers’ benefits.
Enhances transparency and accountability. The committee will keep records of meetings and recommendations, potentially creating a public record of issues and progress in how independent medical exams are conducted and regulated.
Creates ongoing oversight. Instead of a one-time review, the committee will meet regularly (at least quarterly), providing continuous feedback and the ability to respond to new developments or persistent problems in the system.
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Who cares
New York State AFL-CIO and Business Council of New York State
Their chief executives or designated representatives would hold seats on the eight-member advisory committee.
Workers’ Compensation Board and State Insurance Fund
The committee would advise their leadership on independent medical examination policy, and the board chair would provide staff, information and meeting space.
Injured workers
The committee would recommend changes to laws, regulations and board programs aimed at improving their medical care.
Independent medical examiners and examination organizations
The committee would review laws and regulations governing their work and recommend changes to board oversight and enforcement.
Headline styles
Create Medical Exams Committee
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5339
2017-2018 Regular Sessions
IN SENATE
March 22, 2017
Introduced by Sens. MURPHY, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to the creation of an advisory committee on independent medical examinations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13-n of the workers' compensation law is amended by adding a new subdivision 4 to read as follows:
4. (a) There is hereby established in the board an advisory committee on independent medical examinations which shall consist of eight members. Two members shall be appointed by the governor, two by the temporary president of the senate and two by the speaker of the assembly; and the chief executive officers of the New York State American Federation of Labor-Congress of Industrial Organizations and the Business Council of New York State shall be members by virtue of their offices. The chief executive officers of the New York State American Federation of Labor-Congress of Industrial Organizations and the Business Council of New York State may designate representatives to act in their place or stead and on their behalf as members of such advisory committee. In addition, the chair, executive director of the state insurance fund and the commissioner of health or their designated representatives shall be invited to attend and participate in all meetings.
(b) It shall be the duty of the advisory committee to advise, counsel and confer with the chair and executive director of the state insurance fund on matters of policy in connection with the administration and enforcement of laws and regulations relating to independent medical examinations. The advisory committee shall review existing and proposed state laws, rules and regulations pertaining to independent medical examinations and recommend to the chair, executive director of the state insurance fund and the legislature, necessary changes or additions to laws, rules, regulations and board programs to improve medical care for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10750-01-7
S. 5339 2
injured workers, the effectiveness of the board's regulation of independent medical examinations, examiners and independent medical examination organizations and enforcement activities.
(c) The chair shall assign staff to assist the advisory committee as necessary and shall provide necessary information and space for meetings of the advisory committee. The advisory committee shall keep a record of its meetings and recommendations.
(d) The advisory committee shall meet at the call of the chair or any member and at such other times as it may deem necessary and at such places as may be convenient. In any event, meetings shall be held at least once per state fiscal quarter. An initial meeting shall be held within sixty days after the effective date of this subdivision.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to the creation of an advisory committee on independent medical examinations
Purpose
This bill creates, within the workers' compensation board, an advisory committee on independent medical examinations.
Summary of provisions
Section one amends section 13-n of the workers' compensation law to add a new subdivision 4 which establishes in the board an advisory committee on independent medical examinations which shall consist of eight members. Two members shall be appointed by the governor, two by the temporary president of the senate and two by the speaker of the assembly; and the chief executive officers of the New York State American Federation of Labor-Congress of Industrial Organizations and the Business Council of New York State shall be members by virtue of their offices. The chief executive officers of such entities may designate representatives to act in their stead and on their behalf as members of the advisory committee. In addition, the chair, executive director of the state insurance fund and the commissioner of health or their designated representatives shall be invited to attend and participate in all meetings.
Paragraph (b) establishes that it shall be the duty of the advisory committee to advise, counsel and confer with the chair and executive director of the state insurance fund on matters of policy in connection with the administration and enforcement of laws and regulations relating to independent medical examinations and recommend to the chair, executive director of the state insurance fund and the legislature, necessary changes or additions to laws, rules, regulations and board programs to improve medical care for injured workers, the effectiveness of the board's regulation of independent medical examinations, examiners and independent medical examination organizations and enforcement activities.
Paragraph (c) states that the chair shall assign staff to assist in the advisory committee as necessary and shall provide necessary information and space of meetings to the advisory committee. The committee shall keep a record of its meetings and recommendations.
Paragraph (d) establishes that the advisory committee shall meet at the call of the chair or any member and at such other times as it may deem necessary and at such places as may be convenient. In any event, meetings shall be held at least once per state fiscal quarter. An initial meeting shall be held within sixty days after the effective date of this subdivision.
Section two establishes the effective date.
Justification
Many have criticized the efficacy of Independent Medical Examinations required under the Worker's Compensation program. This legislation will create an advisory board that will advise, counsel and confer with the chair and the executive director of the board on public policy matters with regard to administration and enforcement of the laws, regulations and board policies related to IMEs. A closer look at the IME process by health care practitioners with experience working with New York's Workers Compensation program along with stakeholders from labor and business will help identify needed improvements to this process that will streamline the process and provide better access to health care for injured workers.
Legislative history
New bill
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.