N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 325-4.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325-4.3 - Failure to treat

A hospital or health maintenance organization authorized by the chair to provide out-patient medical treatment and care:

(a) shall accept and treat injured employees in a manner corresponding to that accorded other patients, provided they are otherwise eligible to be treated by the hospital or health maintenance organization, without discriminating against such injured employees because they are or may be covered by the provisions of the Workers' Compensation Law or because the manner of payment is pursuant to the provisions of such law; and

(b) shall not refuse to provide treatment and care to such injured employees because the hospital or health maintenance organization wishes to charge a fee greater than that set forth in the applicable prescribed fee schedule. Any fee dispute shall be submitted to arbitration in accordance with the Workers' Compensation Law. Nothing contained in this section shall prevent a voluntary payment by the employer or carrier of an amount higher than the fees and charges found in the fee schedule where agreed to by the employer or carrier.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 325-4.3