1. Statutory authority: WCL § 117(1) and 142 authorizes the Chair of the Workers’ Compensation Board (Board) to adopt reasonable rules consistent with, and supplemental to, the provisions of the WCL.

2. Legislative objectives: The emergency adoption requires that insurance carriers, self-insured employers, or third-party administrators must provide the Chair or his or her designee in the manner prescribed by the Chair with the name and contact information for the point(s) of contact for PAR review by May 1, 2021.

3. Needs and benefits: The emergency adoption provides clarity for when insurance carriers, self-insured employers, or third-party administrators must comply with the requirement to designate contacts for the portal process. This requirement has been proposed in the regulations creating the portal and prior approval process, and went through a public comment period. The emergency adoption puts an updated deadline into place to ensure that carriers, self-insured employers, and third-party administrators have ample notice and time to comply with the requirement by May 1, 2021.

4. Costs: The emergency adoption does not impose additional costs – it simply provides the date for compliance with the requirement to designate contacts.

5. Local government mandates: The proposed amendments do not impose any additional program, service, duty, or responsibility upon any county, city, town, village, school district, fire district, or other special district – they simply require carriers, self-insured employers, or third-party administrators to designate contacts by May 1, 2021.

6. Paperwork: The emergency adoption requires carriers, self-insured employers, and/or third-party administrators to designate a contact for the portal in the format prescribed by the Chair.

7. Duplication: The emergency adoption does not duplicate other regulatory initiatives.

8. Alternatives: An alternative would be to not file an emergency adoption addressing a compliance date for designating contacts. However, this would lead to confusion and issues when the prior approval process becomes effective.

9. Federal standards. There are no applicable Federal Standards.

10. Compliance schedule: The emergency adoption takes effect immediately upon filing to ensure carriers, self-insured employers, or third-party administrators have ample time to designate contacts.

1. Effect of rule

The emergency adoption requires insurance carriers, self-insured employers, or third-party administrators to provide the Chair or his or her designee in the manner prescribed by the Chair with the name and contact information for the point(s) of contact for a prior authorization request (PAR) on or before May 1, 2021.

2. Compliance requirements

Designated contact information will be required from carriers, self-insured employers and third-party administrators for the point of contact in utilizing the process by May 1, 2021.

3. Professional services

It is believed that no professional services will be needed by small businesses or local governments to comply with this emergency adoption.

4. Compliance costs

Compliance with the proposed regulations should not impose compliance costs on small businesses or local governments, as this emergency adoption provides a compliance date.

5. Economic and technological feasibility

Compliance with the proposal is economically and technologically feasible for small businesses and local governments. The emergency adoption simply provides a compliance date for designating contacts, and should not require any additional technology than is already utilized by insurance carriers, self-insured employers or third-party administrators.

6. Minimizing adverse impact

The emergency adoption is being filed now to provide carriers, self-insured employers, and third-party administrators ample notice and time to comply with the requirement before the prior approval process takes effect.

7. Small business and local government participation

The Board does not have a small employer or municipality database, but has sent an electronic communication describing the proposal to subscribers for Board updates (3,960 employers) on March 12, 2021.

The Board will also duly consider all public comments received from small businesses or local governments during the public comment period.

1. Types and estimated numbers of rural areas:

The emergency adoption requires insurance carriers, self-insured employers, or third-party administrators to provide the Chair or his or her designee in the manner prescribed by the Chair with the name and contact information for the point(s) of contact for a prior authorization request (PAR) on or before May 1, 2021. The designated contact must be used by all affected carriers, self-insured employers and third-party administrators across New York State, including rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services

The same compliance and recordkeeping requirements apply to rural areas as metropolitan ones. Designated contact information will be required by May 1, 2021 from carriers, self-insured employers and third-party administrators for the point of contact in utilizing the PAR process.

No special professional services should be required by rural or any other areas.

3. Costs

There are no additional costs expected as a result of this proposal – the process for prior authorization will be electronic and available with no additional required costs. Carriers, self-insured employers and third-party administrators are required to designate the contact as provided for in the prior approval process regulations by May 1, 2021.

4. Minimizing adverse impact

The emergency adoption is being filed now to provide carriers, self-insured employers, and third-party administrators ample notice and time to comply with the requirement before the prior approval process takes effect.

5. Rural area participation

The Board will duly consider all public comments received from rural areas during the public comment period.

A Job Impact Statement is not required because the emergency adoption will not have any impact on jobs or employment opportunities. The emergency adoption requires that insurance carriers, self-insured employers, or third-party administrators must provide the Chair or his or her designee in the manner prescribed by the Chair with the name and contact information for the point(s) of contact for PAR review by May 1, 2021.