An injured worker or person entitled to a death benefit may elect to receive workers’ compensation indemnity or death benefits by direct deposit to a bank account or bank accounts in the name of the injured worker or person entitled to a death benefit. Such election is not required to be offered for payment of fees due to the representative of the injured worker or person entitled to a death benefit or for payments due to a treating medical provider for payment of medical bills.

All carriers, self-insured employers, third-party administrators and special funds (including the uninsured employers fund upon default of the uninsured employer) shall comply with this section by complying with subdivision (e) of this section on or before July 1, 2021. Notwithstanding the foregoing, the chair may toll the provisions of this section to accommodate a transition under article 6-A to the Workers’ Compensation Security Fund currently administered by the Liquidation Bureau of the Department of Financial Services.

A carrier, self-insured employer, third-party administrator or special fund must, upon receipt of the election of direct deposit from the injured worker or person entitled to a death benefit in the format prescribed by the chair (election form), which includes all the data elements present on the election form on the board’s website and does not require additional data elements, allow an injured worker or person entitled to death benefit to receive payment of workers’ compensation benefits by direct deposit to a bank account. For the purposes of this section direct deposit shall not include benefit payments loaded electronically onto a debit card associated to a bank.

(d) A carrier, self-insured employer, third-party administrator or special fund may set a minimum amount for deposit into any single bank account when such set minimum amount does not exceed $20 per bi-weekly payment.

(e) One-time notice to the injured worker or person entitled to a death benefit of direct deposit.

Where benefit payments are ongoing, the carrier, self-insured employer or third-party administrator shall implement a request by the injured worker or person entitled to a death benefit to discontinue direct deposit, elect to begin direct deposit or change the bank accounts associated to a direct deposit within 45 days of receipt of the election form from the injured worker or person entitled to a death benefit, when such notice is made in the format prescribed by the chair. When direct deposit is discontinued, payment of benefits shall be by check.

(g) Every notice and election form for direct deposit shall inform the injured worker or person entitled to a death benefit of the obligation to immediately notify the carrier that in the event that the injured worker or person entitled to a death benefit is no longer entitled to such payment, the carrier shall be immediately notified. Further, the injured worker or person entitled to a death benefit shall immediately notify the carrier of any change in circumstances which would affect entitlement to receive the payment. In the event of failure to notify the carrier within 14 days of such change in circumstance, the carrier may avail itself of the procedure set forth in sections 300.23(a)(2) or (b)(3) of this Title.

(h) The carrier, self-insured employer, third-party administrator or special fund may annually request that an injured worker or person entitled to a death benefit certify that they continue to elect payment of workers’ compensation benefits by direct deposit. Such request must offer options for return by mailing and by electronic means. In the event an injured worker or person entitled to a death benefit does not return the certification within 60 days, the carrier, self-insured employer, third-party administrator or special fund may discontinue direct deposit and make indemnity or death benefits due thereafter by check.