Bill Text: NY S02546 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to notification in the case of a change to the workers' compensation claims representative.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S02546 Detail]

Download: New_York-2023-S02546-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2546

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 23, 2023
                                       ___________

        Introduced  by  Sens.  RAMOS, SANDERS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to  notifica-
          tion  in the case of a change to a workers' compensation claims repre-
          sentative

          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 138 to read as follows:
     3    § 138. Workers' compensation claims representative  replacement.    1.
     4  Where  an injured employee is entitled to workers' compensation benefits
     5  under this chapter and a claims representative has been assigned to  his
     6  or  her workers' compensation claim by an insurance carrier, such insur-
     7  ance carrier shall be required to notify such injured employee  or  such
     8  employee's  personal  representative  in  the  event  that such claim is
     9  assigned to a new claims representative, or it is  determined  that  the
    10  assignment  of  a  claims representative is no longer necessary. For the
    11  purposes of this section, "claims representative" shall mean any employ-
    12  ee, agent, or other representative  of  an  insurance  carrier  that  is
    13  responsible  for  processing,  adjudicating, or in any way effecting the
    14  settlement of a workers' compensation claim.
    15    2. An insurance carrier shall provide such notice by electronic  means
    16  or  by certified or registered mail, as elected by the injured employee,
    17  return receipt requested, to the  last  known  address  of  the  injured
    18  employee  or  such  employee's  personal  representative within fourteen
    19  business days of the replacement of any  claims  representative  or  the
    20  determination that the assignment of a claims representative is no long-
    21  er necessary. Such notice shall include the name and contact information
    22  of the new claims representative when a new assignment has been made.
    23    §  2. The workers' compensation law is amended by adding a new section
    24  138-a to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06225-01-3
        S. 2546                             2

     1    § 138-a.  Workers'  compensation  claims  representative  replacement;
     2  self-insured employer. 1. Where an injured employee is entitled to work-
     3  ers'  compensation  benefits  under  this chapter and a claims represen-
     4  tative has been assigned to his or her workers' compensation claim by  a
     5  self-insured  employer,  such self-insured employer shall be required to
     6  notify such injured employee or such employee's personal  representative
     7  in the event that such claim is assigned to a new claims representative,
     8  or it is determined that the assignment of a claims representative is no
     9  longer  necessary.  For  the purposes of this section, "claims represen-
    10  tative" shall mean any employee, agent, or  other  representative  of  a
    11  self-insured  employer that is responsible for processing, adjudicating,
    12  or in any way effecting the settlement of a workers' compensation claim.
    13    2. A self-insured employer shall provide  such  notice  by  electronic
    14  means  or  by  certified  or  registered mail, as elected by the injured
    15  employee, return receipt requested, to the last  known  address  of  the
    16  injured employee or such employee's personal representative within four-
    17  teen  business  days  of the replacement of any claims representative or
    18  the determination that the assignment of a claims representative  is  no
    19  longer  necessary. Such notice shall include the name and contact infor-
    20  mation of the new claims representative when a new assignment  has  been
    21  made.
    22    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    23  sion,  section  or  part  of  this act shall be adjudged by any court of
    24  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    25  impair,  or  invalidate  the remainder thereof, but shall be confined in
    26  its operation to the clause, sentence, paragraph,  subdivision,  section
    27  or part thereof directly involved in the controversy in which such judg-
    28  ment shall have been rendered. It is hereby declared to be the intent of
    29  the  legislature  that  this  act  would  have been enacted even if such
    30  invalid provisions had not been included herein.
    31    § 4. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.