Requires reports of independent medical examinations to be submitted by electronic filing; requires such report to additionally be mailed to the claimant unless the claimant opts out.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1423
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the workers' compensation law, in relation to submission
requirements for reports of independent medical examinations
PURPOSE:
This bill would allow independent medical examiners to file electron-
ically
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (a) of subdivision 1 of section
137 of the workers' compensation law to authorize the electronic filing
of independent medical examination reports to the workers' compensation
board, the insurance carrier, the claimant's attending physician or
other attending practitioner, the claimant's representative and the
claimant. This section specifies that submitting an electronic filing to
a system operated by the board satisfies the submission requirement.This
section also requires that a copy of the independent medical examination
be mailed to the claimant on the same day as the report is electron-
ically filed with the workers' compensation board unless the claimant
opts out of this requirement by providing notice to the board.
Section two of the bill provides the effective date.
JUSTIFICATION:
This legislation would allow independent medical examiners to file elec-
tronically. This would allow for a streamlined system.
PRIOR LEGISLATIVE HISTORY:
2024: A.10673 - Labor / S.9595 - Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1423
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to submission
requirements for reports of independent medical examinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 137 of the work-
2 ers' compensation law, as added by chapter 473 of the laws of 2000, is
3 amended to read as follows:
4 (a) A copy of each report of independent medical examination shall be
5 submitted by the practitioner on the same day and in the same manner,
6 that includes but is not limited to electronic filing, to the board, the
7 insurance carrier, the claimant's attending physician or other attending
8 practitioner, the claimant's representative and the claimant. Provided,
9 however, that submitting an electronic filing to a system operated by
10 the board in a manner prescribed by the chair shall satisfy such
11 requirement. The practitioner shall also mail a copy of the independent
12 medical examination report to the claimant on the same day as the report
13 is electronically filed with the board unless such claimant opts out of
14 such requirement by providing notice to the board in writing.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02062-01-5
