* § 13-a. Selection of authorized physician by employee. (1) An\ninjured employee may, when care is required, select to treat him or her\nany physician authorized by the chair to render medical care, as\nhereafter provided. If for any reason during the period when medical\ntreatment and care is required, the employee wishes to transfer his or\nher treatment and care to another authorized physician, he or she may do\nso, in accordance with rules prescribed by the chair. In such instance\nthe remuneration of the physician whose services are being dispensed\nwith shall be limited to the value of treatment rendered at fees as\nestablished in the schedule for his or her location, unless payment in\nhigher amounts has been approved as authorized in section thirteen,\nparagraph a. If a claimant shall receive treatment in any hospital or\nother institution operated in whole or in part by the state of New York,\nthe employer shall be liable for food, clothing and maintenance\nfurnished by the hospital or other institution to such employee. If the\nemployee is unable due to the nature of the injury to select such\nauthorized physician and the emergency nature of the injury requires\nimmediate medical treatment and care, or if he or she does not desire to\nselect a physician, and in writing so advises the employer, the employer\nshall promptly provide him or her with the necessary medical care,\nprovided however, that nothing herein contained shall operate to prevent\nsuch employee, when subsequently able to do so, from selecting for\ncontinuance of any medical treatment or care required, any physician\nauthorized by the chair to render medical care as hereinafter provided.\n (2) The chairman shall prescribe the form of a notice informing\nemployees of their privilege under this chapter, and such notice shall\nbe posted and maintained by the employer in a conspicuous place or\nplaces in and about his place or places of business.\n (3) The employer shall have the right to transfer the care of an\ninjured employee from the attending physician, whether chosen originally\nby the employee or by the employer, to another authorized physician (1)\nif the interest of the injured employee necessitates the transfer or (2)\nif the physician has not been authorized to treat injured employees\nunder this act or (3) if he has not been authorized under this act to\ntreat the particular injury or condition as provided by section\nthirteen-b (2). An authorized physician from whom the case has been\ntransferred shall have the right of appeal to an arbitration committee\nas provided in subdivision two of section thirteen-g and if said\narbitration committee finds that the transfer was not authorized by this\nsection, said employer shall pay to the physician a sum equal to the\ntotal fee earned by the physician to whom the care of the injured\nemployee has been transferred, or such proportion of said fee as the\narbitration committee shall deem adequate.\n (4) (a) No claim for medical or surgical treatment shall be valid and\nenforceable, as against such employer, or employee, unless within\nforty-eight hours following the first treatment the physician giving\nsuch treatment furnishes to the employer and directly to the chair a\npreliminary notice of such injury and treatment, within fifteen days\nthereafter a more complete report and subsequent thereto progress\nreports if requested in writing by the chair, board, employer or\ninsurance carrier at intervals of not less than three weeks apart or at\nless frequent intervals if requested on forms prescribed by the chair.\nThe board may excuse failure to give such notices within the designated\nperiods when it finds it to be in the interest of justice to do so.\n (b) Upon receipt of the notice provided for by paragraph (a) of this\nsubdivision, the employer, the carrier, and the claimant each shall be\nentitled to have the claimant examined by a physician authorized by the\nchair in accordance with sections
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