A New York lawmaker filed legislation that would amend sections of the state’s workers' compensation law that deal with physicians authorized to conduct independent medical examinations.

Assembly Bill 7730, which was introduced Tuesday, would require doctors conducting independent medical exams to do so in an “objective and impartial manner.” The bill would additionally require that IMEs agree to audits to ensure they are complying with state law.

If regulators determine that three or more of the five audited records are deficient, the bill would authorize additional audits and allow implementation of a remedial program.

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 and public health laws.

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

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