Workers comp reform is moving thru Albany at blinding speed. The state Senate and Assembly both passed the reform bill unanimously, a previously unheard-of accomplishment for an issue that has been so contentious.
The key parts of the bill are an increase in the maximum and minimum weekly indemnity payments, stronger enforcement provisions, the termination of the Second Injury Fund, and a limit on duration of TTD benefits.
My sense is some of the less-publicized elements may end up having just as much impact. For example, the bill calls for premium credits for employers utilizing loss prevention programs, return to work programs, and/or alcohol and drug prevention. Many injuries, especially involving motor vehicles, involve substance abuse, so the latter provision may result in a significant payoff.
Left a bit up in the air are details surrounding the use of medical guidelines and a provision ensuring claimants have more access to imaging services. Diagnostic imaging has been one of the only bright spots in applying managed care in the state; we’ll be looking closely to see if this is actually a set back.
A panel has been tasked with identifying medical guidelines by the end of the year; this could be a major win in a state where the treating physician seems to be accorded all-knowing status.
