Bill Text: NY A07330 | 2015-2016 | General Assembly | Amended


Bill Title: Provides incentives for productive workers' compensation audits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-04 - print number 7330a [A07330 Detail]

Download: New_York-2015-A07330-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7330--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                       May 6, 2015
                                       ___________
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on  Labor  -- recommitted to the Committee on Labor in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the workers' compensation law, in relation to  providing
          incentives for productive workers' compensation audits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 112-a to read as follows:
     3    §  112-a.  Audits  of employers. 1. (a) Employers in all classes other
     4  than the construction class shall be audited not  less  frequently  than
     5  biennially  and  the chair or board may provide for more frequent audits
     6  of employers in specified  classifications  based  on  factors  such  as
     7  amount  of  premium,  type  of  business, loss ratios, or other relevant
     8  factors. In no event shall employers in the construction class, generat-
     9  ing more than the amount of premium required to be experience rated,  be
    10  audited  less  frequently  than annually. The annual audits required for
    11  construction classes may  be  a  physical,  onsite  review  of  original
    12  payroll  records, employee records, checkbooks, cash book (disbursements
    13  and receipts), general ledger, contracts, tax returns including quarter-
    14  ly payroll filings, and original certificates of insurance. The audit of
    15  all employers shall be conducted no more than one  hundred  twenty  days
    16  after the expiration of a policy period.  At the completion of an audit,
    17  if  requested by the auditor, the employer or officer of the corporation
    18  must print and sign their names on  the  audit  document  affirming  the
    19  accuracy of the information provided therein. As required by section one
    20  hundred twelve of this article, employers shall make available all books
    21  and  records necessary for the payroll verification audit and permit the
    22  auditor to make a physical inspection of the employer's operation.    If
    23  an  employer  fails  to  provide reasonable access to all such books and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06342-03-6
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