Senator Griffo and Assemblyman Zebrowski Express Disappointment in Veto of Physical Therapist Assistant Legislation

Senator Joseph Griffo and Assemblyman Ken Zebrowski today expressed their disappointment in the Governor’s veto of legislation they sponsored that would allow physical therapist assistants to provide care to patients on workers’ compensation.

The legislation – S2718A/A2116A – would clarify the ability of physical therapist assistants, under direct supervision of a licensed physical therapist, to render care for certain patients. In most cases, a patient who obtains physical therapy receives a consultation and treatment plan from a licensed physical therapist (PT) and throughout the treatment cycle is supported by physical therapist assistants (PTA). The patient, therefore, interacts with both the PTs and PTAs during their treatment.

Current law, however, requires that a licensed PT must be the only person to provide direct care to a workers’ compensation patient – Workers’ Compensation Law will not cover the cost of physical therapy care delivered by a PTA. This creates a burdensome requirement and differs from other insurers who recognize the important role that physical therapist assistants play in a patient’s recovery process.

Senator Joseph Griffo, R-Rome, said: “Physical therapy plays such an integral role in a person’s recovery process, and this legislation would have ensured fairer access to the services so many people need to heal from an injury. To apply a different set of rules for the same service to patients just because they are on workers’ compensation is unfair and outdated, and I am disappointed that the Governor rejected this important step toward improving how physical therapy services are provided. While it is important to always ensure that any health care provider has proper training, I believe the Governor’s veto suggests a misunderstanding toward physical therapist assistants and I will continue to urge that this legislation be approved.”

Assemblyman Ken Zebrowski, D-New City, said: “I am disappointed that the Governor vetoed this common sense measure that would modernize the delivery of physical therapy services to Worker’s Compensation patients. Currently, Worker’s Compensation patients must be treated directly by a licensed physical therapist and prohibits the delivery of services by a physical therapy assistant (PTA). The veto message showed a serious lack of understanding how physical therapy services are delivered to the patient as well as the oversight that is currently in place. New York has one of the most stringent physical therapy assistant supervision laws in the nation; requiring on-site, direct supervision with a limit of no more than four physical therapy assistants for every licensed physical therapist. This bill simply created parity with other insurers in recognition of how physical therapy services are provided. I hope that the Governor will reconsider the opposition to this legislation.”

Michael Mattia, President of the New York Physical Therapy Association, said: “The legislation offered a modest proposal to slightly modernize the delivery of health care services within the workers’ compensation system and to achieve systemic savings. It is troubling that the decision to veto the bill is based on a fundamental misunderstanding of physical therapy care and New York law.”