Under current New York state law, nurse practitioners are able to provide care to injured workers provided that the nurse practitioner is supervised by a physician and reimbursement is made to the physician employer. This legislation would provide for direct reimbursement to nurse practitioners.

This legislation seeks to provide nurse practitioners independence from the physician employer. Education Law states that the nurse practitioners must collaborate with
a physician. The legislature had clear intent when it enacted this provision because it wanted to have the nurse practitioner work with the physician, as opposed to independently. This arrangement serves as a public protection due to the fact that physicians receive more training and education than nurse practitioners.

The scope of practice of a nurse practitioner is defined by the written practice agreement with a collaborating physician. In order to receive direct payment the nurse practitioner would have to be independently authorized to practice. Under current law, this is not the case. This proposal would change current law to allow the nurse practitioner to receive direct payment.

The Business Council, a broad-based, statewide membership organization of over 3,500 companies, chambers of commerce and trade associations has reviewed the aforementioned legislation and opposes its enactment.