MEMORANDUM IN SUPPORT
A.5112 – Hooper

An act to amend the workers’ compensation law, in relation to authorizing the care and treatment of injured employees by duly licensed social workers.

The New York State Chapter of the National Association of Social Workers (NASW) strongly supports A.5112, which would authorize the care, and treatment of injured employees by duly licensed social workers under the Workers’ Compensation program.  This modification of the current law would permit greater access for mental health services for all New Yorkers. 

Social workers comprise over 65% of all professional mental health providers in the United States and are now licensed in New York State as Licensed Master Social Workers (LMSWs) and Licensed Clinical Social Workers (LCSWs).  In New York State alone there are over 70,000 licensed social workers, yet presently the Workers’ Compensation Law only provides for the mental health care and treatment of injured individuals by licensed psychologists.

It has been determined as a matter of law that the scope of practice of licensed social workers does not vary in substance and is “wholly equal and the same” as the scope of practice of licensed psychologists.  People v. R.R., 2005 NY Slip Op. 25561 (Sup. Ct. NY County, 2005).  Permitting licensed social workers to provide mental health services to workers’ compensation claimants along with psychologists would vastly increase access to these vital services. 
 
There are many parts of the State in which psychiatrists and psychologists are not available service providers, including many rural areas and low-income communities in urban and suburban areas.  Social workers are more likely to be mental health providers in these areas, either as independent providers or through service agencies.  This is especially important given that many Workers’ Compensation claims involve manual laborers who reside in such communities.  Further, social workers greatly increase the pool of culturally and linguistically competent mental health providers, as well as providers from diverse backgrounds, which may be of importance to claimants needing treatment. 

Including licensed social workers increases treatment options for injured workers.  For example, being restricted to seeing a psychiatrist may limit treatment to psychotropic medication.  Conversely, a social worker would be more likely to see the “whole person” and acknowledge the importance of employment to one’s overall well-being.  Social workers are often more cost effective than other providers, as treatment is often of shorter duration and more likely to be outcome oriented. 

New York State has a long history of providing health care consumers with the freedom of choosing from a number of qualified health care service providers.  Additionally, the Workers’ Compensation Board itself employs licensed social workers in its own vocational rehabilitation program.

NASW-NYS urges the New York State Legislature to support this important piece of legislation to provide greater access to mental health services for all employees of New York State.  Support A.5112.