WCB-15-12-00010-P Medical, Podiatry, Chiropratic and Psychology Fee Schedules

4/11/12 N.Y. St. Reg. WCB-15-12-00010-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 15

April 11, 2012

RULE MAKING ACTIVITIES

WORKERS' COMPENSATION BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. WCB-15-12-00010-P

Medical, Podiatry, Chiropratic and Psychology Fee Schedules

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 329.3, 333.2, 343.2 and 348.2 of Title 12 NYCRR.

Statutory authority:

Workers' Compensation Law, sections 13(a), 13-k, 13-l, 13-m and 117(a)

Subject:

Medical, Podiatry, Chiropratic and Psychology Fee Schedules.

Purpose:

Update the Fee Schedules publication date and publisher contact information.

Text of proposed rule:

Section 329.3 of Title 12 NYCRR is amended to read as follows:

(a) The medical fee schedule for medical, physical therapy and occupational therapy services shall be the Official New York Workers' Compensation Medical Fee Schedule, updated [December 1, 2010] June 1, 2012, prepared by the Board and published by [Ingenix, Inc.]OptumInsight, which is herein incorporated by reference.

(b) The Official New York Workers' Compensation Medical Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the Board. Copies may be purchased from [Ingenix, Inc.]OptumInsight, by writing to [New York Workers' Compensation Medical Fee Schedule, c/o Ingenix, Inc., PO Box 27116, Salt Lake City, UT 84127-0116, or by telephone at 1-800-464-3649] Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone at 1-800-464-3649, option 1; or online at www.optumcoding.com, Keyword New York or http://www.optumcoding.com/Product/40508/.

Section 333.2 of Title 12 NYCRR is amended to read as follows:

(a) The psychology fee schedule for psychology services shall be the Official New York Workers' Compensation Psychology Fee Schedule, updated [December 1, 2010] June 1, 2012, prepared by the Board and published by [Ingenix, Inc.]OptumInsight, which is hereby incorporated herein by reference.

(b) The Official New York Workers' Compensation Psychology Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the Board. Copies may be purchased from [Ingenix, Inc.]OptumInsight, by writing to [New York Workers' Compensation Medical Fee Schedule, c/o Ingenix, Inc., PO Box 27116, Salt Lake City, UT 84127-0116, or by telephone at 1-800-464-3649] Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone at 1-800-464-3649, option 1; or online at www.optumcoding.com, Keyword New York, or http://www.optumcoding.com/Product/40516/.

Section 343.2 of Title 12 NYCRR is amended to read as follows:

(a) The podiatry fee schedule for podiatry services shall be the Official New York Workers' Compensation Podiatry Fee Schedule, updated [December 1, 2010] June 1, 2012, prepared by the Board and published by [Ingenix, Inc.]OptumInsight, which is hereby incorporated herein by reference.

(b) The Official New York Workers' Compensation Podiatry Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the Board. Copies may be purchased from [Ingenix, Inc.]OptumInsight, by writing to [New York Workers' Compensation Medical Fee Schedule, c/o Ingenix, Inc., PO Box 27116, Salt Lake City, UT 84127-0116, or by telephone at 1-800-464-3649] Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone at 1-800-464-3649, option 1; or online at www.optumcoding.com, Keyword New York, or http://www.optumcoding.com/Product/40517/.

Section 348.2 of Title 12 NYCRR is amended to read as follows:

(a) The chiropractic fee schedule for chiropractic services shall be the Official New York Workers' Compensation Chiropractic Fee Schedule, updated [December 1, 2010] June 1, 2012, prepared by the Workers' Compensation Board and published by [Ingenix, Inc.]OptumInsight, which is herein incorporated by reference.

(b) The Official New York Workers' Compensation Chiropractic Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the Workers' Compensation Board. Copies may be purchased from [Ingenix, Inc.]OptumInsight, by writing to [New York Workers' Compensation Medical Fee Schedule, c/o Ingenix, Inc., PO Box 27116, Salt Lake City, UT 841127-0116, or by telephone at 1-800-464-3649] Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone at 1-800-464-3649, option 1; or online at www.optumcoding.com, Keyword New York, or http://www.optumcoding.com/Product/40515/.

Text of proposed rule and any required statements and analyses may be obtained from:

Heather MacMaster, Esq., NYS Workers' Compensation Board, 20 Park Street, Office of General Counsel, Albany, New York 12207, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The proposed regulation modifies the publication date and contact information for the publisher of the Official New York Workers' Compensation Medical Fee Schedule, the Official New York Workers' Compensation Psychology Fee Schedule, the Official New York Workers' Compensation Podiatry Fee Schedule, and the Official New York Workers' Compensation Chiropractic Fee Schedule and incorporates by reference the June 1, 2012 publication date of such Fee Schedules. The publisher added to the regulations is a successor corporation to the publisher of the Board’s Fee Schedules. The amendment will ensure subscribers have updated and accurate information. The June 1, 2012 Fee Schedules simply update CPT codes and relative values associated to them. The proposed changes are mostly ministerial conforming CPT codes to the most recent version published by the American Medical Society and making adjustments to the relative values assigned to each by the Board. The updating of the CPT codes and relative values associated to them conform these codes to a national standard and update relative values consistent with all prior relative values. It is believed that there is no basis for objecting to the proposed amendments.

Job Impact Statement

The proposed regulation will not have an adverse impact on jobs. The proposed amendments merely modify the publication date and contact information for the publisher of the Official New York Workers' Compensation Medical Fee Schedule, the Official New York Workers' Compensation Psychology Fee Schedule, the Official New York Workers' Compensation Podiatry Fee Schedule, and the Official New York Workers' Compensation Chiropractic Fee Schedule and incorporate by reference the June 1, 2012 publication date of such Fee Schedules. The June 1, 2012 Fee Schedules simply update CPT codes and relative values associated to them. The proposed changes are mostly ministerial conforming CPT codes to the most recent version published by the American Medical Society and making adjustments to the relative values assigned to each by the Board. The updating of the CPT codes and relative values associated to them will have no impact on jobs in New York.