| 2025–2026 New York Workers’ Compensation Legislative Tracker | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Senate and Assembly proposals | |||||||||
| Senate Bill | Assembly Bill | WCL Section(s) | Topic | Proposal / Practical Change | Senate | Assembly | Delivered to Governor | Official Assembly Bill Page | Official Senate Bill Page |
| S304-Sponsored by Steven D. Rhoads | A6205-Sponsored by Durso | §13-a | Medical treatment authorization | Provides that the list of pre-authorized procedures is to be used only as a list of treatment that does not require insurance carrier approval. | In Senate Committee-Referred to Labor 01/07/2026 | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A6205 | https://www.nysenate.gov/legislation/bills/2025/S304 |
| S305- Sponsored by Steven D. Rhoads | A8189-Sponsored by Durso | §15(5) | Temporary partial disability / labor-market attachment | Provides temporary partial disability benefits without continuing labor-market attachment unless separation is wholly unrelated to the injury. | In Senate Committee-Referred to labor 01/07/2026 | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A8189 | https://www.nysenate.gov/legislation/bills/2025/S305 |
| S998-Sponsored by Samra G. Brouk | A949-Sponsored by Lunsford | §13-m | Behavioral-health telemedicine | Permits telemedicine for mental and behavioral health treatment in workers’ compensation claims. | Passed Senate and Assembly 05/29/2026 | Passed Senate and Assembly-05/29/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A949 | https://www.nysenate.gov/legislation/bills/2025/S998 |
| S2234-Sponsored by Jessica Ramos | A4742-Sponsored by Bronson | §§20 and 25 | Hearing rights and records | Strengthens either party’s right to request a hearing and requires records of hearings. | In Senate Committee-Reported and Committed to Finance 05/25/2026 | In Assembly Committee-Referred to Ways and Means 06/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A4742 | https://www.nysenate.gov/legislation/bills/2025/S2234 |
| S2558-Sponsored by Leroy Comrie | — | §120 | Discrimination and retaliation | Strengthens protections, including protection against immigration-related threats, for employees claiming workers’ compensation benefits. | In Senate Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/S2558 | ||
| S3951-Sponsored by Jessica Ramos | A5003-Sponsored by Bronson | §25; repeal of §25(2-b) | Case closure and hearing procedure | Prohibits closing cases without a hearing or written stipulation and requires stenographic records and native-language materials. | In Senate Committee-Reported and Committed to Finance 05/20/2026 | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A5003 | https://www.nysenate.gov/legislation/bills/2025/S3951 |
| S4140- Sponsored by Kevin S. Parker | — | New §10-a; §§11 and 29 | Workplace sexual offenses / exclusivity | Creates an exception to workers’ compensation exclusivity for workplace injuries resulting from specified sexual offenses. Amends WCL Section 10: all rights and benefits pursuant to this chapter. | In Senate Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/S4140 | ||
| S4467-Sponsored by Shelley B. Mayer | A7558-Reyes | §25 | Death-benefit direct deposit | Permits or strengthens direct deposit for surviving spouses, children, and other death-benefit recipients. | Passed Senate and Assembly-06/01/2026 | Passed Senate and Assembly-06/01/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A7558 | https://www.nysenate.gov/legislation/bills/2025/S4467 |
| S4518-Sponsored by Jessica Ramos | A5315-Sponsored by Reyes | §13-a | Attorney–doctor communications | Provides that communications between a claimant’s attorney and a treating or consulting doctor are not automatically improper influence. | Passed Senate-02/24/2026 | On Assembly Floor Calendar as of | No | https://www.nysenate.gov/legislation/bills/2025/A5315 | https://www.nysenate.gov/legislation/bills/2025/S4518 |
| S4832A-Sponsored by Christopher J. Ryan | A5809A-Sponsored by Ryan | New §153-a | WCB reporting and modernization | Requires annual supplemental WCB reports, claims data, and modernization recommendations. | Passed Senate and Assembly-As of 06/02/2026 | Passed Senate and Assembly-As of 06/02/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A5809/amendment/A | https://www.nysenate.gov/legislation/bills/2025/S4832 |
| S4973-Sponsored by Jamaal T. Bailey | A191-Sponsored by Cruz | §15 | Permanent partial disability / labor-market attachment | Removes labor-market-attachment requirements for certain permanent partial disability cases; the Assembly version also addresses temporary partial disability. | In Senate Committee-Referred to Labor 01/07/2026 | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A191 | https://www.nysenate.gov/legislation/bills/2025/S4973 |
| S6376A-Sponsored by Jessica Scarcella-Spanton | A8482A-Sponsored by Cruz | §15 | Voluntary withdrawal / labor-market attachment | Prohibits withholding certain benefits based on alleged voluntary withdrawal from the labor market or failure to seek alternative work. | Passed Senate and Assembly as of 06/04/2026 | Passed Senate and Assembly as of 06/04/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A8482/amendment/A | https://www.nysenate.gov/legislation/bills/2025/S6376/amendment/A |
| S6912A-Sponsored by Christopher J. Ryan | A5894A-Sponsored by Berger | §13-b | Mental-health provider authorization | Recognizes mental-health practitioners with diagnostic privilege as authorized workers’ compensation providers. | Passed Senate and Assembly 06/02/2026 | Passed Senate and Assembly-06/02/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A5894/amendment/A | https://www.nysenate.gov/legislation/bills/2025/S6912 |
| S7361-Sponsored by Steven D. Rhoads | No Applicable | §25 | Medical care in controverted claims | Requires medical treatment or payment in certain controverted claims. | In Senate Labor Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/S7361 | ||
| S8131-Sponsored by Jessica Ramos | A8480-Sponsored by Bronson | §15 | Post-death nonschedule awards | Permits the unaccrued portion of certain nonschedule awards to be paid after a claimant dies from unrelated causes. | Passed Senate and Assembly | Passed Senate and Assembly-As of 05/28/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A8480 | https://www.nysenate.gov/legislation/bills/2025/S8131 |
| S8240- Sponsored by Jessica Ramos | Companion noted; number unconfirmed | §§13-k, 13-l and 13-m | Provider authorization | Changes authorization rules for podiatrists, chiropractors, and psychologists and removes parallel authorization processes. | Referred to Labor, Returned to Senate, Died in Assembly, 01/07/2026 | Currently noted as in Assembly Committee | No | https://www.nysenate.gov/legislation/bills/2025/S8240 | |
| S8387-Sponsored by Jessica Ramos | — | §§26-a, 52, 131 and 220 | Penalties against business owners | Permits specified workers’ compensation penalties to be assessed against LLC members and LLP or partnership partners. | Referred to Labor, Returned to Senate, Died in Assembly. 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/S8387 | ||
| S8441-Sponsored by Jessica Ramos | — | §11 | Election of compensation or civil damages | Allows specified injured workers or legal representatives to elect workers’ compensation benefits or pursue a civil damages action. | In Senate Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/S8441 | ||
| S8967- Sponsored by Jessica Ramos | A9009-Sponsored by Vanel | §120 | Discrimination penalties | Increases penalties for workers’ compensation discrimination and directs part of the penalty to the affected employee. | In Senate Committee- Reported and Committed to Finance 04/28/2026 | In Assembly Committee, Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A9009 | https://www.nysenate.gov/legislation/bills/2025/S8967 |
| S9331- Sponsored by Jessica Ramos | A10413-Sponsored by Bronson | §13 | Pharmacy networks and prescriptions | Changes pharmacy-network and out-of-network prescription-access rules and adds reporting requirements. | Passed Senate | In Assembly Committee, Reported referred to rules 05/12/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A10413 | https://www.nysenate.gov/legislation/bills/2025/S9331 |
| S9813-Sponsored by Jabari Brisport | A10222-Sponsored by Valdez | §2 | Delivery-network workers | Includes delivery-network-company workers within employee coverage and identifies the delivery company as employer. | In Senate Committee-Referred to Labor 04/06/2026 | In Assembly Committee-Referred to Labor 02/12/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A10222 | https://www.nysenate.gov/legislation/bills/2025/S9813 |
| S9998-Sponsored by Robert Jackson | A11205-Sponsored by Bronson | §3 | Unpaid student interns | Exempts certain unpaid student interns from workers’ compensation coverage requirements. | In Senate Committee-Referred to Labor 04/21/2026 | In Assembly Committee-Referred to Labor 05/01/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A11205 | https://www.nysenate.gov/legislation/bills/2025/S9998 |
| — | A3418-Sponsored by Bronson | Multiple; repeals §12 and §25(2-b) | Broad workers’ compensation reform | Broadly changes benefits, medical treatment, administration, efficiency, and cost-saving provisions. | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A3418 | https://www.nysenate.gov/legislation/bills/2025/A3418 | |
| — | A4457-Sponsored by O'Pharrow | §21 | Opioid-overdose death presumption | Creates a presumption involving death from opioid overdose when opioids were prescribed because of the compensable injury. | N/A | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A4457 | https://www.nysenate.gov/legislation/bills/2025/A4457 |
| — | A6785-Sponsored by Pretlow | New §13-q | Licensed clinical social workers | Authorizes licensed clinical social workers to provide treatment to injured workers. | In Assembly Committee-Referred to Labor 01/07/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A6785 | https://www.nysenate.gov/legislation/bills/2025/A6785 | |
| S09005C-There are no sponsors of this bill | A10005C-There are no sponsors of this bill | 2027 Budget | Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2026-2027 state fiscal year. - Includes major workers’ compensation changes, including “universal authorization” of eligible health-care providers beginning in 2028, dedicated workers’ compensation anti-fraud resources, and construction/CBA-related provisions) | Passed | Passed | Yes, delivered to Governor and signed 05/27/2026 | https://www.nysenate.gov/legislation/bills/2025/A10005/amendment/C | https://www.nysenate.gov/legislation/bills/2025/S9005/amendment/C | |
| S755-Sponsored by Jessica Ramos | A1677- Sponsored by Reyes | Mental injury claims | Relates to claims for mental injury premised upon extraordinary work-related stress incurred at work, including claims for post-traumatic stress disorder, acute stress disorder or major depressive disorder resulting from work-related stress when demonstrated that such disorder arose out of extraordinary work-related stress attributable to a distinct work-related event or events directly related to the employment and occurring during the performance of the employee's job duties; amends the effectiveness thereof. | Passed | Passed | Yes, delivered to Governor and signed 02/14/2025 | https://www.nysenate.gov/legislation/bills/2025/A1677 | https://www.nysenate.gov/legislation/bills/2025/S755?utm | |
| A10205-Sponsored by Kay | PTD | Provides for cost-of-living adjustments of disability benefits for an employee with a Permanent Total Disability | In Assembly Labor Committee-Referred to Labor 02/12/2026 | No | https://www.nysenate.gov/legislation/bills/2025/A10205?utm | ||||
| S2537-Sponsored by Jessica Ramos | A2748-Sponsored by Bronson | Classification of PTD | In cases of total disability, this bill added "or inability to perform the full range of sedentary work, or approval for federal social security disability benefits as a result of a compensable accident or occupational disease. | Passed | Passed | Delivered to Governor and Vetoed on 12/12/2025 | https://www.nysenate.gov/legislation/bills/2025/A2748 | https://www.nysenate.gov/legislation/bills/2025/S2537 | |
| S7950A- Sponsored by Jamaal T. Bailey | A8429B-Sponsored by Bronson | Fraud | Relates to the establishment of a fraud assessment commission, an assessment for workers' compensation fraud investigations and the workers' compensation fraud investigation fund. | Passed | Passed | Delivered to Governor and Vetoed on 12/05/2025. | https://www.nysenate.gov/legislation/bills/2025/A8429/amendment/B | https://www.nysenate.gov/legislation/bills/2025/S7950?utm | |
| Subject Numbers 2026 | ||||
|---|---|---|---|---|
| Subject Number | Date | Summary | Link | What this means for us: |
| Subject Number 187-1 | 2026-09-09 00:00:00 | Legal Holiday/Board Closures | https://www.wcb.ny.gov/content/main/SubjectNos/sn187_1_2027.jsp | |
| Subject Number 046-1830 | 2026-08-26 00:00:00 | The Chair proposes revised amendments to Sections 329-1.3, 329-4.2, 333.2, 343.2, and 348.2 of Title 12 of the NYCRR to update the Official New York Workers' Compensation Medical Fee Schedule, the Official New York Workers' Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule, the Official New York Workers' Compensation Behavioral Health Fee Schedule, the Official New York Workers' Compensation Podiatry Fee Schedule, and the Official New York Workers' Compensation Chiropractic Fee Schedule. (See Below) | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1830.jsp | |
| Subject Number 046-1829 | 2026-08-18 00:00:00 | Governor Kathy Hochul signed an amendment to New York State Workers' Compensation Law that takes effect January 1, 2027. The amendment creates a new eligibility standard for certain construction workers covered by a collective bargaining agreement. These updated regulations provide guidance to implement this law and align the regulations to the statute. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1829.jsp | |
| Subject Number 046-1826 | 2026-08-07 00:00:00 | The repeal of Section 300.12 of Title 12 of the NYCRR was proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. There is no explicit statutory authority for this regulation, and this section has never been utilized, to the Board's knowledge. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1826.jsp | |
| Subject Number 046-1825 | 2026-08-07 00:00:00 | The repeal of Part 391 of Title 12 of the NYCRR was proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. These regulations have been superseded by case law. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1825.jsp | |
| Subject Number 046-1824 | 2026-08-05 00:00:00 | The repeal of Parts 326, 330, 332, 340, 342, 345, 347, 349-2, and 412 of Title 12 of the NYCRR (EXPRESSNY regulations regarding health care provider practice committees and the Medical Appeals unit) is proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. These regulations are outdated, as the Practice committees and Medical Appeals unit have not been utilized since at least 2020. Additionally, starting in 2028, the "Universal Authorization" bill-enacted under Part X of the New York State FY 2026-27 budget (bills A10005C/S9005C)-takes effect. Under this law, the Board will stop processing health care provider applications for authorization to treat injured workers. Eligible health care providers will automatically receive authorization to treat injured workers unless placed on the exclusion list. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1824.jsp | |
| Subject Number 150-8.1R | 2026-08-04 00:00:00 | In accordance with the New York State Workers' Compensation Board (Board) resolution adopted on February 20, 1990, the Board publishes the mileage rate for reimbursement to injured workers for travel by automobile on or after January 1st of each year. We have just received notification that the 2026 rate has been revised.The new rate for personal vehicle mileage on or after July 1, 2026, is 76 cents per mile | https://www.wcb.ny.gov/content/main/SubjectNos/sn150_18_1_2026R.jsp | |
| In those instances where injured workers are entitled to reimbursement for travel expenses, insurers will reimburse injured workers for travel in accordance with this rate. | ||||
| Subject Number 046-1823 | 2026-07-31 00:00:00 | Effective January 1, 2027, Governor Kathy Hochul has signed into law an amendment to New York State Workers' Compensation Law (NYS WCL) Section 21-a. New York State Workers' Compensation Law (NYS WCL) Section 21-a currently allows payers to initiate compensation payments and payments for prescribed medicine for up to one year without admitting liability. The amendment to NYS WCL Section 21-a will permit payers to pay for medical treatment and care for up to one year without admitting liability.The Chair has adopted the amendments to Section 300.22 of Title 12 of the NYCRR to implement and provide guidance on this change to the law. The Notice of Proposed Rule Making was published in the March 18, 2026, edition of the State Register. The Notice of Adoption was be published in the August 5, 2026, edition of the State Register. The amendments will take effect January 1, 2027. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1823.jsp | |
| Subject Number 046-1814 | 2026-06-22 00:00:00 | The Chair proposes amendments to Sections 325-1.6, 328.12, 342.10, 347.9, 349-2.11, 425.2, 425.3, 425.6, 430.2, 430.4, 430.8, and 441.2 of Title 12 of the NYCRR to update contact information (website URLs, mailing addresses, email addresses, phone numbers, etc.), correct typographical errors, and update to gender neutral language. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1814.jsp | |
| Subject Number 046-1812 | 2026-06-02 00:00:00 | The Chair proposes revised amendments to Sections 301.1, 301.3, and 300.10 of Title 12 of the NYCRR to update the depositions process and fees. The Notice of Proposed Rule Making was published in the January 21, 2026, edition of the State Register. The Notice of Revised Rule Making will be published in the June 3, 2026, edition of the State Register. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1812.jsp | |
| Subject Number 046-1805 | 2026-04-16 00:00:00 | The maximum weekly benefit rate for workers' compensation claimants is two-thirds of the New York State Average Weekly Wage (NYSAWW) for the previous calendar year, as determined by the New York State Department of Labor (Workers' Compensation Law Sections 2[16] and 15[6]). The minimum weekly benefit rate is one-fifth of the NYSAWW or the employee's actual wages, whichever is less. In no event shall compensation when combined with decreased earnings or earning capacity exceed the amount of wages the employee was receiving at the time the injury occurred. The Department of Labor reported that the NYSAWW for calendar year 2025 is $1,922.25. Accordingly, the maximum weekly benefit rate will be $1,281.50 and the minimum weekly benefit rate will be $384.45 for compensable lost time for workers' compensation claims with dates of injury during the period from July 1, 2026, through June 30, 2027. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1805.jsp | |
| Subject Number 046-1804 | 2026-04-14 00:00:00 | An amendment to Section 13-b of the New York State Workers' Compensation Law went into effect in 2025, extending the ability of residents and fellows (under the supervision of an authorized physician) to treat injured workers. The Chair has adopted the addition of a new subdivision (e) of Section 329-1.3 of Title 12 of the NYCRR to help implement this law by providing guidance about billing procedures when services are provided by residents and fellows under the supervision of a New York State Workers' Compensation Board-authorized physician. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1804.jsp | |
| Subject Number 046-1803 | 2026-03-27 00:00:00 | The Office of Health Insurance Programs (OHIP) has calculated revised inpatient rates of reimbursement as a result of rate appeal numbers 427400, C412700, C412701, 407900, 515300 and 418500. The revised rates, processed by OHIP and approved by the New York State Division of the Budget, are for inpatient case payment rates at: • Blythedale Children's Hospital effective January 1, 2025 - December 31, 2025 • Brookdale Hospital Medical Center effective January 1, 2024 - December 31, 2024 • Jacobi Medical Center effective February 27, 2024 - December 31, 2024 • Massena Hospital effective January 1, 2024 - December 31, 2024 • NYU Langone Hospital effective March 1, 2025 - December 31, 2025 • Wyoming County Community Hospital effective July 1, 2024 - December 31, 2024 These rates are calculated for services rendered to patients covered under the New York State Workers' Compensation Law, the Volunteer Firefighters' Benefit Law, the Volunteer Ambulance Workers' Benefit Law, and the Comprehensive Motor Vehicle Insurance Reparations Act. The revised rates for this provider are enclosed with this notification. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1803.jsp | |
| Subject Number 046-1802 | 2026-03-25 00:00:00 | In 2008, the New York State Legislature amended New York State Workers Compensation Law (WCL) §54 and §226 to authorize the New York State Workers' Compensation Board (Board) to penalize workers' compensation carriers, disability benefits carriers, and the New York State Insurance Fund for failure to timely file proof of coverage (POC) transactions. Timely filing of these transactions is a critical component in the Board's compliance efforts. Timely cancellation transactions help ensure that the Board can quickly process penalties against employers with lapsed policies. In addition, timely new policy and reinstatement transactions eliminate the need to issue unnecessary noncompliance inquiries and penalties to law-abiding employers. For disability benefits carriers, the Board will issue penalties through the Insurance Compliance Inquiry Application (IC Inquiry). Carriers will receive a penalty letter and statement in the mail, but the summary and detailed reports will be available on the web. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1802.jsp | |
| Subject Number 046-1801 | 2026-03-18 00:00:00 | Governor Kathy Hochul has signed into law an amendment to New York State Workers' Compensation Law (WCL) Section 21-a that takes effect January 1, 2027. New York State Workers' Compensation Law (WCL) Section 21-a currently allows payers to initiate compensation payments and payments for prescribed medicine for up to one year without admitting liability. The amendment to WCL Section 21-a will also permit payers to provisionally pay for medical care. The Chair proposes amendments to Section 300.22 of Title 12 of the NYCRR to implement and provide guidance on this change to the law. The Notice of Proposed Rule Making will be published in the March 18, 2026, edition of the State Register. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1801.jsp | |
| Subject Number 046-1800 | 2026-02-17 00:00:00 | As announced via Subject Number 046-1715 on September 12, 2024, and via GovDelivery notification on May 2, 2025, the New York State Workers' Compensation Board (Board) is implementing electronic submission of the Request for Further Action by Insurer/Employer (Form RFA-2). Effective March 20, 2026, the Board will not accept or act on paper RFA-2 forms submitted by insurers/employers. Additionally, the Board's current legacy RFA-2 web form will also become obsolete. The movement to an electronic submission process is part of the Board's larger effort to reduce reliance on paper forms and streamline our processes. How to Prepare If you haven't already done so, take time now to register for eCase. The electronic RFA-2 can be submitted in eCase through an eForm, which will immediately validate and place the RFA-2 in the electronic case folder. Register for RFA-2 eForm webinars on the Board's Upcoming Webinars page. Visit the RFA-2 eForm page on the Board's website for additional resources, including training materials for submission via eCase, as well as additional submission options outside of eCase that leverage XML. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1800.jsp | |
| Subject Number 150-18.1 | 2026-01-23 00:00:00 | In accordance with the New York State Workers' Compensation Board (Board) resolution adopted on February 20, 1990, the Board publishes the mileage rate for reimbursement to injured workers for travel by automobile on or after January 1st of each year. The rate for personal vehicle mileage on or after January 1, 2026, is 72.5 cents per mile. In those instances where injured workers are entitled to reimbursement for travel expenses, insurers will reimburse injured workers for travel in accordance with this rate. | https://www.wcb.ny.gov/content/main/SubjectNos/sn150_18_1_2026.jsp | |
| Subject Number 046-1789 | 2026-01-21 00:00:00 | The Chair proposes amendments to Sections 301.1, 301.3, and 300.10 of Title 12 of the NYCRR to update the depositions process and fees. The Notice of Proposed Rule Making will be published in the January 21, 2026, edition of the State Register. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1789.jsp | |
| Subject Number 046-1788 | 2026-01-14 00:00:00 | The Chair proposes amendments to Sections 329-1.3, 329-4.2, 333.2, 343.2, and 348.2 of Title 12 of the NYCRR to update the Official New York Workers' Compensation Medical Fee Schedule, the Official New York Workers' Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule, the Official New York Workers' Compensation Behavioral Health Fee Schedule, the Official New York Workers' Compensation Podiatry Fee Schedule, and the Official New York Workers' Compensation Chiropractic Fee Schedule. The Notice of Proposed Rule Making will be published in the January 14, 2026, edition of the State Register. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1788.jsp | |
| Subject Number 046-1787 | 2026-01-09 00:00:00 | Section 21-a of the New York State Workers' Compensation Law currently allows payers to initiate compensation payments and payments for prescribed medicine for up to one year without prejudice and without admitting liability. This section was recently amended to also allow payers to pay for medical care and treatment without prejudice and without admitting liability for up to one year. This amendment takes effect January 1, 2027. This amendment will allow payers to pay for medical care and treatment without prejudice and without admitting liability even in claims where there is no compensable lost time. The Board plans to propose regulations to help implement this amendment to the law. Payers should review the eClaims Trading Partner table changes posted on the Board's eClaims webpage, and update their systems accordingly. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1787.jsp?cid=uhc_display_top_1/en.html/en/care.html | |
| Subject Number 046-1786 | 2026-01-02 00:00:00 | An amendment to Section 13-b of the New York State Workers' Compensation Law went into effect earlier this year to extend the ability to treat injured workers to residents and fellows (under the supervision of an authorized physician). The Chair proposes amendments to Section 329-1.3 of Title 12 of the NYCRR (a new subdivision [e]) to help implement this law by providing guidance about billing procedures when services are provided by residents and fellows under the supervision of a New York State Workers' Compensation Board-authorized physician. The Notice of Proposed Rule Making will be published in the January 7, 2026, edition of the State Register. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1786.jsp |
| Regulatory Changes to Title 12 of the NYCRR | |||
|---|---|---|---|
| Title 12 NYCRR | Amendment | Related Statute | Link to Text |
| Section 300.22 | The Chair has adopted the amendments to Section 300.22 of Title 12 of the NYCRR to implement and provide guidance on this change to the law. | Effective January 1, 2027, Governor Kathy Hochul has signed into law an amendment to New York State Workers' Compensation Law (NYS WCL) Section 21-a. New York State Workers' Compensation Law (NYS WCL) Section 21-a currently allows payers to initiate compensation payments and payments for prescribed medicine for up to one year without admitting liability. The amendment to NYS WCL Section 21-a will also permit payers to pay for medical treatment and care for up to one year without admitting liability. | https://www.wcb.ny.gov/content/main/regulations/adopted/law-changes-2026-07/text.pdf |
| Section 329-1.3 | The Chair has adopted the addition of a new subdivision (e) of Section 329-1.3 of Title 12 of the NYCRR to help implement this law by providing guidance about billing procedures when services are provided by residents and fellows under the supervision of a New York State Workers' Compensation Board-authorized physician. | Section 13-B (Prior amendment in 2025 which extended ability to treat injured workers to residents and fellows) | https://www.wcb.ny.gov/content/main/regulations/adopted/billing-guidance-2026-04/text.pdf |
| Regulation Proposals | ||
|---|---|---|
| Proposed Regulations for Comment | ||
| Section 300.12 | The repeal of Section 300.12 of Title 12 of the NYCRR was proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. There is no explicit statutory authority for this regulation, and this section has never been utilized to the Board's knowledge. | https://www.wcb.ny.gov/content/main/regulations/proposed/questions-to-the-board-2026-07/ |
| Section 355.9, 380-2.5, 380-2.6, and 380.5.1 | Governor Kathy Hochul signed an amendment to New York State Workers' Compensation Law that takes effect January 1, 2027. The amendment creates a new eligibility standard for certain construction workers covered by a collective bargaining agreement. These updated regulations provide guidance to implement this law and align the regulations to the statute. | https://www.wcb.ny.gov/content/main/regulations/proposed/pfl-construction-employees-2026-08/text.pdf |
| Sections 326, 330, 332, 340, 342, 345, 347, 349-2, and 412 | The repeal of Parts 326, 330, 332, 340, 342, 345, 347, 349-2, and 412 of Title 12 of the NYCRR is proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. These regulations are outdated, as the Practice committees and Medical Appeals unit have not been utilized since at least 2020. Additionally, starting in 2028, the "Universal Authorization" bill—enacted under Part X of the New York State FY 2026-27 budget (bills A10005C/S9005C)—takes effect. Under this law, the Board will stop processing health care provider authorization applications. Eligible health care providers will automatically receive authorization to treat injured workers unless placed on the exclusion list. | https://www.wcb.ny.gov/content/main/regulations/proposed/expressny-appeals-2026-07/text.pdf |
| Section 391 | The repeal of Part 391 of Title 12 of the NYCRR was proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. These regulations have been superseded by case law. | https://www.wcb.ny.gov/content/main/regulations/proposed/third-party-recovery-2026-07/text.pdf |
| Proposed Consensus Regulations | ||
| Sections 325-1.6, 328.12, 342.10, 347.9, 349-2.11, 425.2, 425.3, 425.6, 430.2, 430.4, 430.8, and 441.2 | To update contact information (website URLs, mailing addresses, email addresses, phone numbers, etc.), correct typographical errors, and update to gender neutral language. | https://www.wcb.ny.gov/content/main/SubjectNos/sn046_1814.jsp |
| Revised Proposed Regulations for Public Comment | ||
| Sections 329-1.3, 329-4.2, 333.20, and 348.2 | The Chair proposes revised amendments to Sections 329-1.3, 329-4.2, 333.2, 343.2, and 348.2 of Title 12 of the NYCRR to update the Official New York Workers' Compensation Medical Fee Schedule, the Official New York Workers' Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule, the Official New York Workers' Compensation Behavioral Health Fee Schedule, the Official New York Workers' Compensation Podiatry Fee Schedule, and the Official New York Workers' Compensation Chiropractic Fee Schedule. | https://www.wcb.ny.gov/content/main/regulations/revised/revised-med-fee-2026-08/text.pdf |
| Sections 301.1, 301.3, and 300.10 | The Chair proposes revised amendments to Sections 301.1, 301.3, and 300.10 of Title 12 of the NYCRR to update the depositions process and fees. | https://www.wcb.ny.gov/content/main/regulations/revised/depositions-2026-06/text.pdf |
| Regulation | Proposal | |
| Section 300.10 (C) | Subdivision (c) of section 300.10 of Title 12 NYCRR is hereby amended to read as follows: (c) When the employer or its carrier or special fund desires to produce for cross-examination an attending physician whose report is on file, the referee [shall] may grant an adjournment for such purpose. The employer, carrier, or special fund shall provide an offer of proof showing the reason for crossexamination. If the request is denied, the referee shall address such offer and provide the basis of any denial of an adjournment. If the physician is not produced for cross-examination[at such adjourned hearing], a further adjournment shall be granted only when the referee finds there is sufficient excuse for the physician's nonappearance, which excuse shall be noted [on] in the record and conditioned upon the resort by the employer or its carrier, or special fund to a subpoena for cross-examination [the next hearing]. If such adjournment is granted and the physician does not appear, unless extraordinary circumstances are shown, the referee shall proceed to determine the claim upon the evidence in the record. The obligation to invoke court action for the enforcement of the subpoena shall be that of the employer or its carrier or special fund. | |
| Section 300.10 (e) | A new subdivision (e) of section 300.10 of Title 12 NYCRR is hereby added to read as follows: (e) Unless otherwise directed by the board and regardless of which party requests the opportunity to depose an opposing party’s medical witness, the employer or its carrier or special fund shall bear responsibility for contacting the witness and opposing parties to secure such deposition, issuing a subpoena for such deposition in accordance with the New York Civil Practice Laws and Rules if necessary, securing a stenographer, filing a copy of the stenographic minutes of the deposition with the Board on or before the date set by the board, and serving a copy of the stenographic minutes of the deposition on all opposing parties. Unless otherwise directed by the board and regardless of which party requests that opportunity to depose an opposing party’s medical witness, the employer or its carrier or special fund shall bear all costs related to taking the deposition. | |
| Section 300.10(f) | A new subdivision (f) of section 300.10 of Title 12 NYCRR is hereby added to read as follows: (f) Any party may request an extension of time to produce deposition transcript(s). All requests for extension to produce deposition transcript(s) must be submitted in writing on or before the deadline to produce deposition transcript(s), in a format prescribed by the board, which may be electronic. | |
| Section 300.12 | The repeal of Section 300.12 of Title 12 of the NYCRR was proposed as a part of Governor Hochul's EXPRESSNY initiative to amend or repeal burdensome, redundant, or outdated regulations. There is no explicit statutory authority for this regulation, and this section has never been utilized to the Board's knowledge. | |
| Section 301.1 | Section 301.1 of Title 12 NYCRR is amended to read as follows: Whenever the attendance of the injured employee's treating or consultant physician or podiatrist by deposition or at a hearing is required, such physician or podiatrist shall be entitled to a fee [of $450] as described in this section. In instances involving special circumstances, should the [Board]board in its judgment deem that the appropriate fees specified [above is] in this section are inadequate, the [Board]board may fix a fee in an amount greater than said sum for such hearing, such increased fee to be commensurate with the circumstances in the particular case. The circumstances to be considered are the period of time the physician or podiatrist has consumed in testifying[,] and traveling time from the physician's or podiatrist's office to the hearing point. Where the attendance is pursuant to a subpoena issued by the board, the Workers' Compensation Law judge, or any officer of the board so designated by the chair, the attendance fee may be limited to no more than $100. When a treating or consultant physician or podiatrist has been deposed, submission of a bill and/or additional direction of payment are not necessary, and fee amounts are as follows: if the fee is paid within 45 days of the deposition, the fee is $500 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof; if the fee is paid 46 or more days after the deposition, the fee is $700 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof. The physician or podiatrist may file a request in the same format as a request for decision on unpaid medical bills in the format prescribed by the chair, which may be electronic, and the fee will accrue interest in the same manner as an unpaid medical bill. | |
| Section 301.30 | Whenever the attendance of the injured employee's treating or consultant chiropractor, nurse practitioner, licensed clinical social worker, physician assistant, or psychologist by deposition or at a hearing is required, such chiropractor, nurse practitioner, licensed clinical social worker, or psychologist shall be entitled to a fee [of $350] as described in this section. In instances involving special circumstances, the board may fix a fee in an amount greater than the said sum, such increased fee to be commensurate with the circumstances in the particular case. Where the attendance is pursuant to a subpoena issued by the board, the Workers' Compensation Law judge or any officer of the board so designated by the chair, the attendance fee may be limited to no more than $70. When a treating or consultant chiropractor, nurse practitioner, licensed clinical social worker, physician assistant, or psychologist has been deposed, submission of a bill and/or additional direction of payment are not necessary, and fee amounts are as follows: if the fee is paid within 45 days of the deposition, the fee is $400 for the first hour or fraction thereof and $100 for each additional 15-minute increment or fraction thereof; if the fee is paid 46 or more days after the deposition, the fee is $600 for the first hour or fraction thereof and $100 for each additional 15-minute increment or fraction thereof. The chiropractor, nurse practitioner, licensed clinical social worker, physician assistant, or psychologist may file a request in the same format as a request for decision on unpaid medical bills in the format prescribed by the chair, which may be electronic, and the fee will accrue interest in the same manner as an unpaid medical bill. | |
| Section 329-1.3 | (a) The medical fee schedule for medical services shall be the Official New York Workers' Compensation Medical Fee Schedule, updated [December 11, 2019] August 2026, prepared by the board and published by [OptumInsight] RefMed, which is herein incorporated by reference. (b) The Official New York Workers' Compensation Medical Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the board. Copies may be purchased from [OptumInsight] RefMed[, by writing to Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920;] by telephone at [1-800-464-3649, option 1;] (863) 222-4071 or online at [www.optum360coding.com] https://marketplace.refmed.com, keyword New York [or https://www.optum360coding.com/Product/40508/]. (c) Physical Therapy Assistants (PTAs) and Occupational Therapy Assistants (OTAs) may provide services under the direct supervision of an authorized Physical Therapist (PT) or authorized Occupational Therapist (OT) respectively. (1) When billing for PTA services, supervising authorized PTs must select codes from the [Physical Medicine Section of the] Official New York State [Workers' Compensation Medical Fee Schedule] Acupuncture and Physical and Occupational Therapy Fee Schedule incorporated by reference in Section 329-4.2 of Title 12 NYCRR that are permissible and within the scope of practice for PTAs using modifier CQ. (2) When billing for OTA services, supervising authorized OTs must select codes from the [Physical Medicine Section of the] Official New York State Workers' Compensation [Medical Fee Schedule] Acupuncture and Physical and Occupational Therapy Fee Schedule incorporated by reference in Section 329-4.2 of Title 12 NYCRR that are permissible and within the scope of practice of OTAs using modifier CO. (3) Services billed using the modifiers CQ or CO must be billed and paid at 85 percent of the amount payable for such services had they been performed directly by PTs and OTs. Clinical notes by PTAs must be cosigned by the supervising PT. Clinical notes by OTAs must be cosigned by the supervising OT. PTAs and OTAs may not provide services or bill for services independently. (4) Nothing in this section shall change the maximum numbers of billable Relative Value Units (RVUs) for physical therapy and occupational therapy on any given date of service, as outlined elsewhere in the fee schedule. They are not increased or otherwise changed based on whether the services are provided by PTs, OTs, PTAs or OTAs. (5) When services are performed by PTs and PTAs (or OTs and OTAs) on the same date of service, the services applied to the maximum number of RVUs on any given date of service shall be determined giving priority to services provided by PTs over those provided by PTAs, and services provided by OTs over those provided by OTAs. (6) The ability of PTAs and OTAs to provide services under NYS Workers Compensation, and for supervising PTs and OTs to submit bills for said services, shall in no way expand or otherwise change the scope of practice or permissible activities for PTAs or OTAs by statute, and/or any applicable regulations promulgated by the New York State Education Department, New York State Department of Health, or the New York State Workers' Compensation Board. As such, it shall be impermissible for PTAs/OTAs to perform any services or activities otherwise reserved for PTs and OTs respectively, or for supervising PTs or OTs to bill for such services, and Current Procedural Terminology (CPT) codes must be selected accordingly. (i) Examples may include, but are not limited to: a PTA is prohibited by section 6738(a) of the NYS Education Law from performing evaluation, testing, interpretation, planning or modification of patient/client programs; a PT conducts the initial evaluation and develops the plan of care, and the treatment may be provided by the PTA; PTAs and OTAs may not perform Functional Capacity Evaluations (FCEs). (d) When workers' compensation benefits are sought due to a work-place exposure to COVID19, reimbursement for serological, molecular or other reliable testing to confirm a current COVID-19 viral infection may be made using CPT code 87635. (1) The RVU for CPT code 87635 shall be 39.18, and the total fee for such test shall be 51.33 for Region IV, 47.41 for Region III, and 41.53 for Regions I and II. (2) CPT code 87635 may only be billed when there is a claim for workers' compensation due to a COVID-19 infection as a result of a work-place exposure or when testing for COVID-19 is administered as part of a required pre-operative testing protocol in accordance with Department of Health guidance. (3) CPT code 87635 may not be billed for routine screening of workers' compensation claimants for the presence of the COVID-19 virus. (4) Antibody testing is not available under the Official New York Workers' Compensation Fee Schedule. (5) CPT code 87635 may only be billed in one instance. Repeat testing is not permitted, except when clinical documentation supports a change or reoccurrence of symptoms, or a new exposure to the COVID-19 virus. | |
| Section 329-4.2 | Section 329-4.2. Acupuncture and physical therapy and occupational therapy fee schedule; incorporation by reference (a) The acupuncture fee schedule for acupuncture services shall be the Official New York Workers' Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule, [created December 11, 2019] updated August 2026, prepared by the Board and published by [OptumInsight]RefMed, which is herein incorporated by reference. (b) The physical therapy and occupational therapy fee schedule for physical therapy and occupational therapy services shall be the Official New York Workers' Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule, [created December 4, 2019] updated August, 2026, prepared by the Board and published by [OptumInsight]RefMed, which is herein incorporated by reference. (c) The Official New York Workers' Compensation Acupuncture and Physical Therapy Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the Board. Copies may be purchased from RefMed[OptumInsight by writing to Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; ]by telephone at [1-800-464-3649, option 1] (863) 222-4071; or online at https://marketplace.refmed.com [www.optum360coding.com] keyword New York[ or https://www.optum360coding.com/Product/40508/]. | |
| Section 333.2 | Section 333.2. Behavioral Health fee schedule; incorporation by reference (a) The behavioral health fee schedule for psychology services shall be the Official New York Workers' Compensation Behavioral Health Fee Schedule, updated [December 11, 2019] August 2026, prepared by the Board and published by [OptumInsight] RefMed, which is herein incorporated by reference. (b) The Official New York Workers' Compensation Behavioral Health Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the board. Copies may be purchased from RefMed[OptumInsight, by writing to Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; ]by telephone at [1-800-464-3649, option 1] (863) 222-4071; or online at https://marketplace.refmed.com [www.optum360coding.com] keyword New York[ or https://www.optum360coding.com/Product/40508/] | |
| Section 343.2 | Section 343.2. Podiatry fee schedule; incorporation by reference (a) The podiatry fee schedule for podiatry services shall be the Official New York Workers' Compensation Podiatry Fee Schedule, updated [December 26, 2018] August 2026, prepared by the board and published by [OptumInsight]RefMed, which is herein incorporated by reference. (b) The Official New York Workers' Compensation Podiatry Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the board. Copies may be purchased from RefMed[OptumInsight, by writing to Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; ]by telephone at [1-800-464-3649, option 1] (863) 222-4071; or online at https://marketplace.refmed.com [www.optum360coding.com] keyword New York[ or https://www.optum360coding.com/Product/40508/]. | |
| Section 348.2 | Section 348.2. Chiropractic fee schedule; incorporation by reference (a) The chiropractic fee schedule for chiropractic services shall be the Official New York Workers' Compensation Chiropractic Fee Schedule, updated [December 11, 2019] August 2026, prepared by the Board and published by [OptumInsight]RefMed, which is herein incorporated by reference. (b) The Official New York Workers' Compensation Chiropractic Fee Schedule incorporated by reference herein may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of the New York State Supreme Court, and the district offices of the board. Copies may be purchased from RefMed[OptumInsight, by writing to Official New York Workers' Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; ]by telephone at [1-800-464-3649, option 1] (863) 222-4071; or online at https://marketplace.refmed.com [www.optum360coding.com] keyword New York[ or https://www.optum360coding.com/Product/40508/] |