Attention Self-Insured Employers: Emergency Adoption and Proposed Rulemaking - New York Workers’ Compensation Drug Formulary Update Regarding Prescription Notices

Attention Self-Insured Employers: Emergency Adoption and Proposed Rulemaking - New York Workers’ Compensation Drug Formulary Update Regarding Prescription Notices

Current regulations require that refill and renewal prescriptions will need to comply with the New York Workers’ Compensation Drug Formulary (Formulary) by June 7, 2021. Health care providers and injured workers with current prescriptions for non-formulary drugs are also required to be notified that refill and renewal prescriptions must be in compliance with the Formulary. Due to the state of emergency resulting from the COVID-19 pandemic, the Workers’ Compensation Board (Board) has delayed the effective date for refill and renewal compliance.

To provide self-insured employers ample notice and time to comply with the notice requirement in the regulations (12 NYCRR 441.3(f)), the Board has adopted a regulation on an emergency basis that health care providers and affected injured workers must be notified on or before May 1, 2021.

This regulation will be published soon in the State Register and is available now on the Board’s website. A Subject Number will be issued when it is published.

For more information, email Regulations@wcb.ny.gov.