Independent medical examiners would face new requirements under bill

New York lawmakers have filed legislation that would amend sections of the state’s workers compensation law that deal with physicians who are authorized to conduct independent medical examinations in injured worker cases.

Assembly Bill 7730, which was introduced on Tuesday, would require doctors chosen to conduct medical exams in workers comp claims to conduct exams in an “objective and impartial manner,” and to agree to undergo random periodic audits to ensure they are in compliance with state law.

If regulators determine that three or more out of an examiner’s five annually audited records are deemed to be deficient, additional audits would be authorized and a remedial program may be put into place.

If an examiner’s records and documentation are found to be deficient during two consecutive audit periods, the examiner could be removed from the pool of physicians authorized to conduct independent medical examiners in comp claims.

The bill further states that physicians serving as medical examiners must certify that they will make decisions in a “fair and unbiased manner,” and that practitioners would not be eligible to serve if there is an appearance or actual conflict of interest.

A conflict of interest could include instances where a utilization review agent or another individual in the doctor’s office has treated or examined a workers comp claimant.

In addition to amending sections of the workers’ comp law, the measure would make similar changes to the insurance law and public health law.

The bill was sent to the Assembly Insurance Committee for further consideration.