Disability Benefits Coverage
Restriction on Issuing Permits and Entering Contracts Without Disability Benefits
Section 220 Subd. 8 of the Disability Benefits Law (DBL), part of the WCL, requires the heads of all State and municipal entities, prior to issuing any permits, licenses or entering into contracts, to ensure that businesses applying for those permits, licenses or entering into contracts have appropriate disability benefits insurance coverage.
To comply with coverage provisions of the Disability Benefits Law, a business must:
- be legally exempt from the requirement to provide disability benefits insurance coverage;
- obtain such coverage from an insurance carrier; or
- be self-insured.
To assist state and municipal entities in enforcing Section 220 Subd. 8 of the Disability Benefits Law, businesses requesting permits or seeking to enter into contracts must provide ONE of the following forms to the entity issuing the permit or entering into a contract:
- Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage (CE-200); or
- Certificate of NYS Disability Benefits Insurance (DB-120.1) (the business' disability benefits carrier will send this form to the government entity upon request)
- Certificate of NYS Disability Benefits Self-Insurance. (DB-155) (businesses that are self-insured in NYS for disability benefits insurance should call the Workers' Compensation Board's Self-Insurance Office at (518) 402-0247 to obtain this form.)
If an employer does not employ one or more individuals on each of at least 30 days in a calendar year in New York State, New York State disability benefits coverage is not required. (Independent contractors are not considered to be employees under the Disability Benefits Law.) The certificate of exemption, Form CE-200 must only be used to show a government agency that the business is not required to obtain New York State workers’ compensation and/or disability benefits insurance. Form CE-200 may not be used to “prove exemption” from workers’ compensation and/or disability benefits insurance to another business or that business’s insurance carrier. To be eligible for a disability benefits exemption using Form CE-200, an out-of-state employer must not have one or more individuals working on each of at least 30 days in a calendar year in New York.
Please call the Bureau of Compliance at (518) 486-6307 with any general questions regarding Section 220 Subd. 8 of the Disability Benefits Law.