Government Affairs Council
Update
December
7, 2007
Workers'
Comp Medical Guidelines
Staff Contact: Ken Pokalsky
This
March, in conjunction with
his approval of worker's comp
reform legislation, Governor
Spitzer directed the Commissioner
of Insurance Eric Dinallo to
proposed medical treatment
guidelines for the comp program
by December 1, 2007. This Monday,
the Department issued four
sets of proposed guidelines,
for lower back, neck, shoulder
and knee injuries — injuries
that account for more than
50 percent of all medical related
costs in the workers' comp
system. The Commissioner has
also issued a draft set of
general principals related
to application of medical guidelines,
and a plan for educating physicians,
board employees and others
involved with the delivery & review
of medical care.
Commissioner
Dinallo said that these proposed
treatment guidelines “contain
quality standards for medical
care of injured workers',
and should encourage accelerated
delivery of quality medical
services and reduce disputes
and costs.” The Commissioner
also said that they expect
to develop additional guidelines,
including those for chronic
pain and wrist injuries (including
carpal tunnel syndrome).
The Business Council has
long been a proponent of
evidence-based treatment
guidelines, and has been
directly involved with the
development of these medical
guidelines. Three Business
Council representatives are
serving on the Department’s
medical guidelines advisory
committee — Dr. James Tacci,
Manager of Medical Services
for Xerox Corporation; Dr.
David Deitz, National Medical
Director for Liberty Mutual;
and Pam Caggianelli, Corporate
Manager of Health Services
for Bausch and Lomb.
The Department’s advisory
committee will be addressing
implementation issues when
it reconvenes next week.
Among its agenda items is
development of an implementation
plan, which will address
issues such as the degree
to which compliance is mandated;
the weight given to these
treatment guidelines in determining
medical necessity and payment,
consideration of variances,
and others.
The advisory committee may
also address the issue of
impairment guidelines, which
will be used in part to determine
loss of wage earning capacity – the
basis for setting permanent
partial disability benefits
under the reform bill.
Please feel free to contact
The Business Council with
any questions or comments
regarding the Department’s
proposal guidelines or regarding
next steps toward implementation.
State Coalition on Liability
Reform
Staff Contact: Walter Pacholczak
In
preparation for the 2008
legislative session, The
Business Council, along with
other businesses, professional
and local government groups,
is reorganizing a state-wide
coalition to advocate for
liability reforms. The group
will be calling for the Governor
and legislature to reform
the State’s costly
liability laws that help
contribute to soaring construction
costs, ever-increasing property
taxes, and a medical liability
crisis that reduces access
to quality health care.
Members of the coalition
are addressing a number of
tort issues, but will focus
on the “scaffold law” that
imposes absolute liability
on building owners, noting
that New York’s unique
Labor Law Section 240 contributes
to lost jobs, lower tax revenues
and increased costs of doing
business.
In addition to focusing
on “scaffold law” reform,
The Business Council will
continue to monitor and oppose
trial bar initiatives to
expand the state’s
liability laws. In 2007,
The Business Council played
a key role in urging Governor
Eliot Spitzer to veto a bill
that would allow plaintiffs
in liability lawsuits obtain
a court order to determine
before trial the extent of
the insurance coverage the
defendant is carrying .
Members interested in participating
in the Coalition should contact
Walter
Pacholczak at The
Business Council.
Universal Coverage Plan
Proposed
Staff Contact: Mark Amodeo
Assemblyman
Richard Gottfried, chair
of the Assembly Health Committee,
has unveiled a proposal to
achieve “universal” health
care coverage in New York.
Called “New York Health
Plus,” the proposal
would build on the state’s
existing Family Health Plus
and Child Health Plus programs,
which would be merged to
form the core of the new
program. Every New York State
resident would be eligible,
regardless of age, income,
or work status, and coverage
would be delivered through
participating health plans.
Individuals who choose to
enroll would pick their own
insurance carrier from those
participating in the program,
and individuals or employers
could opt out and pay for
private coverage. Neither
employers nor individuals
would have to pay premiums,
deductibles or co-pays.
New York Health Plus would
be publicly funded, and has
been estimated to cost as
much as $59 billion per year.
However, the funding mechanism
has not been determined,
although Assemblyman Gottfried
offered a variety of options
including a graduated surcharge
on the personal income tax
and a surcharge on business
income taxes. According to
the Assemblyman’s office,
there are currently no plans
to introduce legislation.
State Awards RFP for Universal
Coverage Study
Staff Contact: Mark Amodeo
As the Spitzer administration
considers ways to expand
access to health coverage
as part of its “Partnership
for Coverage” initiative,
the state has awarded a $470,000
contract to the Urban Institute,
a policy research organization,
to “model alternative
proposals for achieving universal
health coverage in New York.
According to the state, the
analysis will include, but
may not be limited to, proposals
to provide universal health
coverage through public and
private health coverage mechanisms.”
A final proposal for universal
coverage in New York from
the departments of Health
and Insurance is due by May
31, 2008.
Berger Commission Status
Report Released
Staff Contact: Mark Amodeo
The
NYS Department of Health
released a status report
on the implementation of
the recommendations made
November 2006 by the Commission
on Health Care Facilities
in the 21st Century, known
as the Berger Commission.
In its final report, the
Commission recommended the
restructuring of 48 hospitals,
the closing of nine hospitals
and the downsizing of almost
3,000 nursing home beds as
part of an effort to reform
and strengthen New York’s
acute and long term care
delivery systems.
According to the Department
of Health, the majority of
the affected hospitals and
nursing homes are taking
steps required to meet or
exceed the deadlines of the
commission’s mandates.
Facilities subject to the
recommendations, which became
law on January 1, 2007, must
be in full compliance by
June 30, 2008.
“Project Sunlight”
The “Project
Sunlight” web
site, developed by the office
of Attorney General, was
unveiled this week, provides
access to a wide range of
data currently maintained
by the state legislature,
Board of Elections, Commission
on Public Integrity, the
Department of State and other
sources. The
web site is available here:
http://www.sunlightny.com/snl1/app/index.jsp.
This site allows you to
access:
- information
on campaign contributions
received by;
- all entities that lobbied
on a specific bill;
- basic information on
all lobbyists registered
with the Commission on
Public Integrity;
- budgetary “member
items” by county,
and by state legislator;
- contact information
regarding statewide
elected officials and
members of the state
legislature, as well
as information on sponsored
legislation, campaign
contributions;
- information on state
contracts; and
- access to government-related
information, including
a glossary of terms,
information on the legislative
process, campaign finance
laws, New York corporations
and charities, the Freedom
of Information Law, and
others.
Business Council Events
for 2008
2008 Legislators’ Reception
Tuesday, January 22, 2008
Crowne Plaza Albany
The Business Council
will kick off the 2008
legislative session with
our Annual
Legislators’ Reception,
at the Crowne
Plaza Albany on Tuesday,
January 22, 2008, from
6:00 - 7:30 p.m. This
event has become a “must
attend” for business
people across New York
State. Invitations will
be sent to the Governor,
his key staff, the full
legislature, as well as
legislative staff and state
agency officials. This
forum provides an excellent
opportunity to meet your
representatives and discuss
issues of concern in an
informal atmosphere.
We
are offering multi-level
sponsorships to our members
to encourage a broader
corporate participation
in this event. We will
prominently display signs
recognizing all of our
sponsors, as well as listing
them in our program for
the evening. The sponsorship
levels include: Platinum
at $2,500, Gold at $2,000;
Silver at $1,500, or Patron
at $1,000.
Sign up today
to become a sponsor or
contact Ellen Muir at
ellen.muir@bcnys.org or
1-800-358-1202 for further
information.
2008 Homeland Security Conference:
US / Canadian Border Management & Commerce:
A View From the Front
Wednesday, January 23, 2008
Crowne Plaza Albany
Join this very important
discussion on U.S./Canadian
Relationships, focusing
on Northern Border Management & Commerce
Issues. In addition to
a packed agenda, the conference
will provide important
networking opportunities
for U.S. and Canadian companies,
to assist you in forging
partnerships beneficial
to your organization.
