PROVIDER TOOLS

Emergency Adoption of Amendment and Proposed Amendment to 12 NYCRR 441.2 to Update the New York Workers' Compensation Drug Formulary

Date: March 6, 2020

The Board has adopted on an emergency basis, an amendment to 12 NYCRR 441.2 to update the New York Workers' Compensation Drug Formulary (NY WC Formulary). Please see Adoption of Amendment to 12 NYCRR 441.2 (April 2020). A Notice of Emergency Adoption and Proposed Rulemaking will be published in the March 18, 2020, edition of the State Register. This emergency rulemaking will become effective April 1, 2020. 

A full copy of the revised NY WC Formulary can be found at NY WC Formulary. Specific modifications can be found at NY WC Formulary Change Tracker.

In response to Senate Bill 1505, the Workers’ Compensation Board (WCB) has adopted amendments to the regulations. These adopted amendments include a new regulation (12 NYCRR § 323.1) that describes the process for applying for WCB authorization to treat injured workers. Other adopted amendments integrate the new provider types into the Medical Treatment Guidelines variance request process (MG-2) and non-treatment guidelines requests for authorization (C-4 AUTH).

Under this new law, the newly authorized provider types that will now be able to serve as an attending under the workers’ compensation system include duly licensed acupuncturists, nurse practitioners, occupational therapists, physical therapists, physician assistants, and licensed clinical social workers.

All provider types (existing and newly authorized) are encouraged to view the following video for instructions on how to sign up for the WCB’s Medical Portal.

For more information about Workers’ Compensation in NY, including an overview and FAQ on the expanded provider law, please visit the WCB website.