New NYS Workers Compensation Guidelines Are Unconstitutional

As of December 1, 2010, the New York State Compensations Department has implemented new guidelines regarding your chiropractic care and treatment. Here are some important highlights of the “Proposed Medical Treatment Guidelines” that will significantly and negatively impact your treatment and recovery: 

• Moving forward, spinal manipulation will only be covered for a two month period with a frequency of 3 times per week for 4 weeks and then 2 times per week for 4 weeks. Additional care beyond this would be subject to a variance process, that is both lengthy and tedious. Furthermore, approval for additional care will be very difficult to obtain.

• Chronic care issues have not been addressed and the WCB has not informed us of how chronic care for injured workers will be handled under the new treatment guidelines. This means that, for now, you will not be able to receive treatment for your chronic pain and injury beyond the limited timeframe specified.

• At this point in time it is unclear how those patients who have been classified and authorized to receive “symptomatic care” or “treatment as medically necessary” will fit into the system. It remains unclear whether they will fall under the new guidelines or whether they will remain under pre-existing treatment approaches. In short, these new guidelines will negatively impact the treatment protocol for your chronic pain and injury by limiting the care that you receive. Furthermore, the WCB will not allow workers compensation patients to continue their care even through their major medical insurance. These guidelines are unconstitutional in that you, as the patient and individual, will no longer be allowed to receive the necessary care and treatment beyond the timeframe specified, even if you need it or elect to receive continued care. 

 

Together we can make a difference by joining forces and urging our elected officials to repeal these new guidelines.  Please call or write the following elected officials today and tell them to Repeal and Replace these new guidelines as they are unconstitutional to your basic right to care:  

 

1) Mr. Robert Belotenm Chair

NYS Workers Compensation Board

Office of the Chair

20 Park Street

Albany, New York 12207

1-800-877-1373

 

2) Stephen Levin, M.D.

Medical Director

NYS Wokers Compensation Board

20 Park Street, Room 400

Albany, New York 12207

1-800-781-2362

 

3) Congressman Elect Michael Grimm

2381 Hylan Boulevard

Staten Island, New York 10306

718-887-3732

 

4) Senator Diane Savino

36 Richmond Terrace, Suite 112

Staten Island, New York 10310

718-727-9406

 

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