STATE OF NEW YORK
        ________________________________________________________________________

                                          7785

                    IN SENATE

                                    January 11, 2022
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the workers' compensation law, in relation to  requiring
          the  workers'  compensation  board to appoint the uninsured employers'
          fund as the responsible party when the  identity  of  the  responsible
          insurance  carrier for the employer cannot be determined within thirty
          days of the filing of a new claim

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The opening paragraph and paragraph (a) of subdivision 6-a
     2  of section 26-a of the workers' compensation law, as added by a  chapter
     3  of  the laws of 2021, amending the workers' compensation law in relation
     4  to requiring the workers' compensation board to  appoint  the  uninsured
     5  employers'  fund  as the insurance carrier in cases when the identity of
     6  the responsible insurance carrier for the employer cannot be  determined
     7  within  ten  days  of the filing of a claim and to proceed with hearings
     8  and provide notices  necessary  to  process  such  claim;  and  to  make
     9  conforming  technical  changes, as proposed in legislative bills numbers
    10  S. 6628-A and A. 359-A, are amended to read as follows:
    11    In the event that the board is unable to determine the identity of the
    12  responsible insurance carrier for the employer within [ten] thirty  days
    13  of the filing of a new claim, the board shall:
    14    (a)  appoint  the uninsured employers' fund as the [insurance carrier]
    15  responsible party until such time as the  identity  of  the  responsible
    16  insurance carrier for the employer is determined. Upon such appointment,
    17  the  uninsured  employers'  fund shall immediately commence payments and
    18  provide medical care in accordance with the provisions of this chapter;
    19    § 2. This act shall take effect on the  same  date  and  in  the  same
    20  manner  as  a chapter of the laws of 2021, amending the workers' compen-
    21  sation law in relation to requiring the workers' compensation  board  to
    22  appoint  the uninsured employers' fund as the responsible party in cases
    23  when the identity of the responsible insurance carrier for the  employer
    24  cannot be determined within thirty days of the filing of a new claim, as
    25  proposed  in  legislative  bills  numbers  S. 6628-A and A. 359-A, takes
    26  effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05195-04-2