New York Workers' Compensation Code § 13-M

Care and treatment of injured employees by duly licensed psychologists
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* § 13-m. Care and treatment of injured employees by duly licensed\npsychologists. 1. Where the term "chairman" is hereinafter used, it\nshall be deemed to mean the chair of the workers' compensation board of\nthe state of New York.\n  2. (a) An injured employee, injured under circumstances which make\nsuch injury compensable under this article, may lawfully be treated by a\npsychologist, duly registered and licensed by the state of New York,\nauthorized by the chair to render psychological care pursuant to section\nthirteen-b of this article. Such services shall be within the scope of\nsuch psychologist's specialized training and qualifications as defined\nin article one hundred fifty-three of the education law.\n  (b) Medical bureaus, medical centers jointly operated by labor and\nmanagement representatives, hospitals and health maintenance\norganizations, authorized to provide medical care pursuant to section\nthirteen-c of this article, may provide psychological services when\nrequired.\n  (c) A psychologist rendering service pursuant to this section shall\nmaintain records of the patient's psychological condition and treatment,\nand such records or reports shall be submitted to the chair on such\nforms and at such times as the chair may require.\n  3. The chair shall prepare and establish a schedule for the state or\nschedules limited to defined localities of charges and fees for\npsychological treatment and care, to be determined in accordance with\nand be subject to change pursuant to rules promulgated by the chair.\nBefore preparing such schedule for the state or schedules for limited\nlocalities the chair shall request the psychology practice committee to\nsubmit to such chair a report on the amount of remuneration deemed by\nsuch committee to be fair and adequate for the types of psychological\ncare to be rendered under this chapter, but consideration shall be given\nto the view of other interested parties. The amounts payable by the\nemployer for such treatment and services shall be the fees and charges\nestablished by such schedule.\n  4. (a) No claim for psychological care or treatment shall be valid and\nenforceable as against the employer or employees unless within\nforty-eight hours following the first treatment the psychologist giving\nsuch care or treatment furnishes to the employer and directly to the\nchair a preliminary notice of such injury and treatment, and within\nfifteen days thereafter a more complete report and subsequent thereto\nprogress reports as requested in writing by the chair, board, employer\nor insurance carrier, at intervals of not less than three weeks apart or\nat less frequent intervals if requested on forms prescribed by the\nchair. The board may excuse the failure to give such notices within the\ndesignated periods when it finds it to be in the interest of justice to\ndo 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 qualified psychologist,\nauthorized by the chair in accordance with section thirteen-b and\nsection one hundred thirty-seven of this chapter, at a medical facility\nconvenient to the claimant and in the presence of the claimant's\npsychologist, and refusal by the claimant to submit to such independent\nmedical examination at such time or times as may reasonably be necessary\nin the opinion of the board shall bar the claimant from recovering\ncompensation, for any period during which he or she has refused to\nsubmit to such examination.\n  (c) Where it would place an unreasonable burden upon the employer or\ncarrier to arrange for, or for the claimant to attend, an independent\nmedical examination by an authorized psychologist, the employer or\ncarrier shall arrange for such examination to be performed by a\nqualified psychologist in a medical facility convenient to the claimant.\n  (d) The independent psychological examiner lic

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