January 4, 2024
Pursuant to section 202-d of the State Administrative Procedures Act, notice is hereby provided of the following rules which the Workers' Compensation Board ("the Board") is considering proposing but for which a rule making proceeding has not been commenced. All references are to Title 12 of the New York Code of Rules and Regulations unless otherwise noted. The Board's regulatory plans are subject to change, and the Board reserves the right to add, delete, or modify any item. The Board is not required to propose for adoption any rule summarized in this regulatory agenda. In addition, the Board may propose a rule for adoption that was not under consideration at the time that this regulatory agenda was submitted for publication.
This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule-making process, as provided for in sections 202-b and 202-bb of the State Administrative Procedures Act. All rules described below may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis pursuant to sections 202-b and 202-bb of the State Administrative Procedures Act, respectively.
The public is welcome to send written comments on the Board's Regulatory Agenda to the contact person at the end of this list.
The Board is considering proposing the rules amending Title 12 NYCRR described below:
- Updates as needed for materials incorporated by reference:
- Amend section 442.2 to update the DME Fee Schedule
- Amend section 329-1.3 to update the Medical Fee Schedule(s)
- Amend section 441.2 to update the NY Workers' Compensation Formulary
- Proposal to implement the performance standard referenced in Workers' Compensation Law section 13-a(6)(b)(i) (sections amended to be determined)
- Add a new section 329-1.4 regarding when Intraoperative Neurophysiological Monitoring ("IOM") is appropriate
- Proposals in support of OnBoard (sections amended to be determined)
The Board will continue to review its rules in an effort to provide for clearer and more accurate references to Board policies and procedures while also eliminating typographical errors and obsolete forms and practices.
To obtain information about or submit written comments concerning any item in this Regulatory Agenda, contact: Courtney Vallee, Senior Attorney, Workers' Compensation Board, 328 State Street, Schenectady, New York 12305-2318, telephone: (518) 486-9564, e-mail: regulations@wcb.ny.gov.