Board Bulletins and Subject Numbers

September 12, 2019

In support of legislation enacted in the Executive Budget that increased the types of providers who may be authorized to treat injured workers, the Chair has:

• adopted a regulation governing the authorization process for medical providers (12 NYCRR §323.1); and
• amended the regulations governing Attending Doctor's Requests for Authorization and Carrier's Response (Form C-4AUTH) and variances (12 NYCRR §§325-1.25 and 324.3).

The regulations describe the process for medical providers to become Board authorized and include descriptions of the educational requirements for each type of provider, the electronic application process and the reregistration process.

In addition, the regulation clarifies that any provider who is permitted to be authorized under Workers’ Compensation Law §13-b must obtain an authorization prior to treating injured workers. A provider who may be authorized under WCL § 13-b, but does not obtain an authorization, may not treat under the supervision of another authorized provider. Supervision of providers, as permitted by Workers’ Compensation Law §13-b, shall be in accordance with Department of Health regulations requiring a supervising provider to be immediately available by telephone and readily available in person when needed. The Board anticipates that new provider types will be able to file applications to become Board authorized beginning in October. To receive updates on the authorization application process and other Board developments, go to: Get WCB Notifications.

Finally, the regulations identify each new provider type’s role in requesting prior authorization and variances under the law.

To review the regulations in their entirety, go to: Addition of Part 323 of 12 NYCRR (Medical Provider Authorization) and Amendment of 12 NYCRR Part 324 and Section 325-1.4 .