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Workers’ Compensation Board

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New York State
Workers' Compensation Board
328 State Street  Schenectady, New York 12305
Governor Andrew M. Cuomo

Subject No. 046-1180

Board Proposes New Regulation to Implement the Expanded Provider Law

Date: June 19, 2019

As part of Governor Cuomo's 2019-2020 budget, a new law was passed expanding the types of medical providers that can be authorized to treat injured workers in the New York State workers' compensation system. Starting January 1, 2020, licensed clinical social workers, nurse practitioners and acupuncturists, as well as current ancillary providers, including physician assistants, occupational therapists and physical therapists may apply to become a Board-authorized provider.

To implement the new law, the Board is proposing a new regulation (12 NYCRR 323.1) that describes the process for applying for Board authorization to treat injured workers. Also proposed are amendments to Part 324 and 325-1.4 to integrate the new providers into the Medical Treatment Guidelines variance (Attending Doctor's Request for Approval of Variance and Carrier's Response (Form MG-2)) and prior authorization (Attending Doctor's Request for Authorization and Carrier's Response (Form C-4AUTH)) processes.

The proposed regulation and amendments are in the June 19, 2019, State RegisterLink to External Website and are also available on the Board's website. Public comments will be accepted for 60 days through August 18, 2019, and may be sent to


Clarissa M. Rodriguez