NYS says O&P "illegal"
Charles Barocas
Description
Collection
Title:
NYS says O&P "illegal"
Creator:
Charles Barocas
Date:
6/5/2002
Text:
Recently I had a conversation with the executive director of the Dept of
Education of New York State concerning a letter he wrote to an orthopedic
surgeon. The orthopedic surgeon in NYS was informed by his attorney that
he could not delegate authority or refer any patients to unlicensed support
personnel under the Medical Practice laws of NYS, so the Doc wrote NYS (a
Mr. Monahan) for more clarification (Florida law & most states say a Doc can
employ who he wants and he is responsible for their actions)
He was told this means any blood work, casting, even taking a temperature,
must be done by licensed medical personnel. Since medical assistants are
not licensed in NYS then the Doctor could no longer employ them in a patient
care position. He could use LPN�s or ATC�s or PA-C�s. But he cannot use
MA�s if they are not also licensed as an LPN or something else.
This is bad news to 100,000+ medical workers in NYS who don�t have
licensing. Medicare (to be followed by other insurances) is taking a stand
that you must abide by state laws to bill Medicare. If the work was done
�illegally� by an unlicensed support personnel, then Medicare should not
have to pay for it.
NYS has recently passed a law to license Orthopedic Specialist Assistant�s
(orthotechs). It�s one in a series of specialist asst licensure (OBGYN,
Xray, Urology) to let MA�s continue to work under the law.
When I called NYS. I specifically asked them about Orthotists. Since there
is no licensure for O&P in New York State are Doctors in violation of this
law if they refer a patient to an Orthotist? Guess what����yes they
are!!!!!!!!!!!!! That�s technically they are. No one is enforcing this law.
But Doctors are being told by their mal-practice insurance to be very
careful. If something happens because of a referral to unlicensed support
personnel, the Doc may not be covered under their present mal-practice
policy.
Oh yes, forgot one thing. I asked him specifically if orthotists are
illegal because there is no license for them. He told me if you don�t have
a license in NYS you can�t treat a patient in NYS. I guess that makes O&P
�illegal� in NYS. I hope Medicare doesn�t know this. They might only
accept �L� code claims from licensed NYS Orthotechs.
Charles Barocas, CO
_________________________________________________________________
Send and receive Hotmail on your mobile device: <URL Redacted>
Education of New York State concerning a letter he wrote to an orthopedic
surgeon. The orthopedic surgeon in NYS was informed by his attorney that
he could not delegate authority or refer any patients to unlicensed support
personnel under the Medical Practice laws of NYS, so the Doc wrote NYS (a
Mr. Monahan) for more clarification (Florida law & most states say a Doc can
employ who he wants and he is responsible for their actions)
He was told this means any blood work, casting, even taking a temperature,
must be done by licensed medical personnel. Since medical assistants are
not licensed in NYS then the Doctor could no longer employ them in a patient
care position. He could use LPN�s or ATC�s or PA-C�s. But he cannot use
MA�s if they are not also licensed as an LPN or something else.
This is bad news to 100,000+ medical workers in NYS who don�t have
licensing. Medicare (to be followed by other insurances) is taking a stand
that you must abide by state laws to bill Medicare. If the work was done
�illegally� by an unlicensed support personnel, then Medicare should not
have to pay for it.
NYS has recently passed a law to license Orthopedic Specialist Assistant�s
(orthotechs). It�s one in a series of specialist asst licensure (OBGYN,
Xray, Urology) to let MA�s continue to work under the law.
When I called NYS. I specifically asked them about Orthotists. Since there
is no licensure for O&P in New York State are Doctors in violation of this
law if they refer a patient to an Orthotist? Guess what����yes they
are!!!!!!!!!!!!! That�s technically they are. No one is enforcing this law.
But Doctors are being told by their mal-practice insurance to be very
careful. If something happens because of a referral to unlicensed support
personnel, the Doc may not be covered under their present mal-practice
policy.
Oh yes, forgot one thing. I asked him specifically if orthotists are
illegal because there is no license for them. He told me if you don�t have
a license in NYS you can�t treat a patient in NYS. I guess that makes O&P
�illegal� in NYS. I hope Medicare doesn�t know this. They might only
accept �L� code claims from licensed NYS Orthotechs.
Charles Barocas, CO
_________________________________________________________________
Send and receive Hotmail on your mobile device: <URL Redacted>
Citation
Charles Barocas, “NYS says O&P "illegal",” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 7, 2024, https://library.drfop.org/items/show/219101.
