Legislative Memo

Ken Pokalsky
Senior Director Government Affairs
T 518.465.7517 x205


S.2364 (Onorato)



Workers' Compensation Medical Diagnostic Networks



February 23, 2009


The Business Council opposes S.2364, which would allow “any medical provider authorized by the workers' compensation board to treat injured workers” to provide diagnostic testing “under all circumstances” if they agree to a carrier's “published fee.” 

We have several reasons for opposition:

In summary, The Business Council sees no compelling policy reason to undue this important cost savings measure included in the 2007 reform act.  Mandatory networks save reduce costs in the workers' compensation system, produce more objective test results, and remove the financial incentive for treating physicians to perform unnecessary tests.

For these reasons, The Business Council opposes approval of S.2364.