Reimbursement for COVID-19 Testing
NY-ADR
4/7/21 N.Y. St. Reg. WCB-48-20-00002-A
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 14
April 07, 2021
RULE MAKING ACTIVITIES
WORKERS' COMPENSATION BOARD
NOTICE OF ADOPTION
I.D No. WCB-48-20-00002-A
Filing No. 280
Filing Date. Mar. 23, 2021
Effective Date. Apr. 07, 2021
Reimbursement for COVID-19 Testing
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 329-1.3(d) to Title 12 NYCRR.
Statutory authority:
Workers' Compensation Law, sections 117 and 141
Subject:
Reimbursement for COVID-19 testing.
Purpose:
To allow reimbursement for COVID-19 testing when benefits are sought due to workplace exposure to COVID-19.
Text or summary was published
in the December 2, 2020 issue of the Register, I.D. No. WCB-48-20-00002-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Heather MacMaster, NYS Workers' Compensation Board, Office of General Counsel, 328 State Street, Schenectady, NY 12304, (518) 486-9564, email: [email protected]
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement are not required because the changes made to the last published rule do not necessitate revision to the previously published documents. These changes do not affect the meaning of any statements in the document.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
During the public comment period, the Board received one written comment.
The comment requested that the text of the regulation be changed to state that reimbursement at the fee schedule rate is allowable only when the COVID-19 test is positive, because health insurance should pay for negative tests. The Board believes that this change is unnecessary because the text of the regulation allows testing for COVID-19 consistent with the Workers’ Compensation Law – for suspected work-place exposure, the text already requires a positive test for reimbursement, and allows for testing when required for pre-operative protocol prior to treatment in connection with a workers’ compensation claim.
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