N.Y. Workers' Compensation Law § 13-aa: Medical appeals unit

§ 13-aa. Medical appeals unit. 1. There is hereby created a medical

appeals unit. Such medical appeals unit shall consist of three

physicians licensed to practice in this state and known to represent the

schools of medical practice eligible to practice under this chapter. The

members of the medical appeals units shall be appointed by the governor:

provided that the members of the medical appeals unit of the industrial

council heretofore appointed and in office at the time this section

takes effect shall be and they are hereby constituted members of the

medical appeals unit hereby created, and they shall continue in office

as such until July first, nineteen hundred fifty-four. The members next

appointed shall be appointed as follows: one for term expiring December

thirty-first, nineteen hundred fifty-five; one for term expiring

December thirty-first, nineteen hundred fifty-six; and one for term

expiring December thirty-first, nineteen hundred fifty-seven. The

members thereafter appointed, except to fill a vacancy created otherwise

than by expiration of term, shall be appointed for terms of three years

each. The governor may remove any member of the medical appeals unit

when such member ceases to be licensed to practice. The chairman shall

designate an employee of the board to act as secretary of the medical

appeals unit.

2. Members of the medical appeals unit shall be entitled to

compensation at a rate not exceeding one hundred fifty dollars per day

for each day actually spent in the performance of their duties under

this chapter, but no member shall be entitled to compensation for such

duties in excess of seven thousand five hundred dollars during any year.

They shall also be paid their reasonable and necessary traveling and

other expenses while engaged in the performance of their duties.

3. The medical appeals unit shall (a) consider all matters connected

with the practice of medicine submitted to it by the workmen's

compensation board or the chairman thereof;

(b) prescribe rules and regulations to govern the procedure of

investigations and hearings by the medical societies or boards of

charges against authorized physicians and licensed compensation medical

bureaus, laboratories and bureaus engaged in x-ray diagnosis or

treatment, in clinical diagnosis or in physiotherapy or other

therapeutic procedures, as provided in section thirteen-d and thirteen-e

of this chapter;

(c) review, upon request, charges made by a physician, compensation

medical bureau or laboratory or bureau engaged in x-ray diagnosis or

treatment, in clinical diagnosis, or in physiotherapy or other

therapeutic procedures, that any medical society or board has improperly

refused to recommend authorization of the physician, compensation

medical bureau or laboratory or bureau to do compensation work, and if

it sustain the charges, recommend such authorization to the chairman;

(d) review, upon request, charges made by a physician, compensation

medical bureau or laboratory or bureau engaged in x-ray diagnosis or

treatment, in clinical diagnosis, or in physiotherapy or other

therapeutic procedures, that any medical society or board has improperly

recommended that his or its authorization to do compensation work be

revoked, and if it sustain the charges, recommend to the chairman that

such authorization not be revoked.

In each case arising under this subdivision the medical appeals unit

may re-open the matter and receive further evidence, and its decision

and recommendation shall be advisory to the chairman and shall not be

binding or conclusive upon him.

4. The medical appeals unit shall adopt rules and regulations to

govern its own proceedings. The secretary of the medical appeals unit

shall keep a complete record of all the proceedings of the unit which

shall show the names of the members present at each meeting and every

matter considered and the action taken thereon. Such records shall be

filed in the office of the secretary of the board.

5. The provisions of sections nineteen-a and nineteen-b of this

chapter limiting and restricting professional activities of physicians

or surgeons in the employ of the board shall also be applicable to and

binding upon members of the medical appeals unit.

6. For the purpose of exercising the powers and performing the duties

set forth in this section, the medical appeals unit created hereunder

shall be deemed to be a continuation of the medical appeals unit of the

industrial council of the department of labor; and all proceedings

pending before the medical appeals unit of the industrial council of the

department of labor, are hereby transferred to the medical appeals unit

without prejudice to the rights of any party to such proceeding.

The medical appeals unit, subject to the provisions of this chapter,

shall succeed to all the rights, powers, duties and obligations of the

medical appeals unit of the industrial council, insofar as they relate

to workmen's compensation.

Wherever the term "medical appeals unit of the industrial council"

appears in this chapter or in the rules or regulations promulgated

thereunder, it shall be construed to mean the medical appeals unit

created hereunder.