New York 2025-2026 Regular Session

New York Senate Bill S04299

Introduced
2/3/25  
Refer
2/3/25  

Caption

Authorizes the care and treatment of injured employees by licensed or certified acupuncturists under the workers' compensation program.

Summary

This bill amends the New York Workers’ Compensation Law to expressly allow injured employees to receive acupuncture care as part of compensable treatment under the workers’ compensation system. It defines who qualifies as an “acupuncturist” for these purposes, covering both licensed and registered acupuncturists under the Education Law and certified acupuncturists under the relevant certification provision. The bill also authorizes certain workers’ compensation medical providers, including medical bureaus, hospitals, and health maintenance organizations, to provide acupuncture services when rendered by an authorized acupuncturist. The measure creates a detailed framework for authorization, reporting, billing, fee schedules, and oversight. Acupuncturists seeking to treat workers’ compensation claimants would need to apply through an acupuncture practice committee, comply with recordkeeping and reporting requirements, and accept that the chair of the workers’ compensation system will set fee schedules and rules. The bill also establishes procedures for employer review of claims, disputes over fees, hearings, and penalties for misconduct, and it makes an authorized acupuncturist’s report or testimony competent evidence in compensation proceedings.

Impact

If enacted, the bill would add a new section 13-q to the Workers’ Compensation Law and expand the range of covered treatment options available to injured workers. It would also create new administrative duties for the chair of the workers’ compensation system, including establishing fee schedules, promulgating rules, appointing an acupuncture practice committee, and overseeing authorization and discipline of participating acupuncturists. Employers and insurers would gain a formal process for challenging charges and requesting examinations, while acupuncturists would gain a path to be paid for treating compensation claimants directly through the workers’ compensation system rather than billing injured workers privately.

Sentiment

The bill’s overall tone is supportive of expanding access to alternative medical treatment within workers’ compensation, and its structure suggests an effort to integrate acupuncture into the existing claims and medical-review framework rather than create a separate system. Because there are no committee transcripts or recorded votes provided, there is no documented public debate in the supplied materials. Based on the bill text alone, the proposal appears designed to be permissive but regulated, indicating an intent to balance treatment access with oversight and cost control.

Contention

The main points of potential contention are likely to be the scope of coverage, the administrative burden, and reimbursement levels. Employers and insurers may object to adding another covered treatment category and to the requirement that they pay fees set by the chair, while acupuncturists may be concerned about the distinction the bill requires between licensed and certified practitioners and the possibility of different fee schedules for each. Another possible issue is the bill’s strong oversight structure, including mandatory reporting, authorization by committee, and disciplinary authority, which may be viewed as necessary consumer protection by supporters but as restrictive or cumbersome by opponents.

Companion Bills

No companion bills found.

Previously Filed As

NY S08240

Relates to authorization of treatment under workers' compensation for care and treatment of injured employees by podiatrists, chiropractors and psychologists; repeals certain provisions.

NY AB2098

Workers’ compensation: medical treatment.

NY HB07141

An Act Concerning Compensation Paid To Injured Employees And The Parents Of A Deceased Employee Under The Workers' Compensation Act.

NY A3397

Expands scope of practice for licensed acupuncturists.

NY S2973

Expands services that licensed acupuncturists may provide.

NY H6319

Clarifies several workers' compensation court authority for injuries to sworn employees (police/fire).

NY S1060

Clarifies several workers' compensation court authority for injuries to sworn employees (police/fire).

NY AB1498

Workers’ compensation: medical treatment.

NY AB1576

Workers’ compensation: Subsequent injuries payments.

NY HB06863

An Act Concerning Deficiency Appropriations For The Fiscal Year Ending June 30, 2025, And Compensation Paid To Injured Employees And The Parents Of A Deceased Employee Under The Workers' Compensation Act.

Similar Bills

HI SB1565

Relating To Acupuncture.

HI SB1565

Relating To Acupuncture.

NJ A3397

Expands scope of practice for licensed acupuncturists.

FL H0803

Acupuncture

NJ S2973

Expands services that licensed acupuncturists may provide.

FL H0169

Acupuncture

FL S0672

Acupuncture

LA HB405

Provides relative to the practice of acupuncture