Governer Cuomo Vetoes Worker's Comp PTA Legislation - Message from NYPTA President
Tuesday, November 29, 2016
Posted by: Carla Rosenbaum
GOVERNOR CUOMO VETOES NYPTA WORKERS’ COMP PTA LEGISLATION – MESSAGE FROM NYPTA PRESIDENT MICHAEL MATTIA
Dear Fellow Members,
It is with deep disappointment that I advise you that Governor Cuomo vetoed our Workers' Compensation PTA legislation that would have allowed treatment of injured workers by physical therapist assistants. While we were successful in getting this bill passed in the Senate and Assembly, the Governor's action brings us back to square one in this next legislative session.
The Governor’s memo that accompanied the veto follows:
VETO # 266 November 28, 2016
TO THE SENATE:
I am returning herewith, without my approval, the following bill: Senate Bill Number 2718-A, entitled:
"AN ACT to amend the workers' compensation law, in relation to physical therapy care provided through the workers' compensation system"
This bill would amend the Workers' Compensation Law to allow certified physical therapist assistants to provide care under the supervision of a licensed physical therapist instead of an authorized physician or podiatrist.
This bill would place injured workers at greater risk and increase the overall costs to the Workers' Compensation System. Under current law, licensed physical therapists may only provide treatment to an injured worker upon the referral of a licensed physician. Since physical therapy assistants are not licensed-or regulated by any State agency, this bill would-authorize treatment by a provider not subject to any State oversight, nor operating under the direct supervision of a referring physician. Moreover, physical therapists assistants would be the only sub-provider group that could treat under the auspices of a non-physician provider.
Finally, rather than reducing costs to the Workers' Compensation system, this bill would drive additional costs to insurers and employers by requiring additional care providers to directly supervise physical therapy assistants. For these reasons, I am therefore constrained to veto this bill.
The bill is disapproved.
Please know that we will continue our work to right this discrepancy in the New York State Workers' Compensation System.
Michael Mattia, PT, DPT, MS, MHA