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Subject Number 046-1372 Emergency Adoption of Addition of 12 NYCRR 329-1.3(d) (COVID-19 Testing)

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Supersedes Subject Number 046-1347 Emergency Adoption and Notice of Proposed Rulemaking of Addition of 12 NYCRR 329-1.3(d) (COVID-19 Testing) released November 18, 2020

February 16, 2021

The Chair has adopted on an emergency basis the addition of subdivision (d) to 12 NYCRR 329-1.3 to allow reimbursement for COVID-19 testing when there is a claim for workers' compensation benefits due to workplace exposure to COVID-19, and to ensure that this section remains in effect pending adoption of the permanent proposal, which was published in the December 2, 2020, edition of the State Register. A Notice of Emergency Adoption will be published in the March 3, 2021, edition of the State Register. This emergency rulemaking is effective for 60 days upon filing February 12, 2021. This supersedes the previous emergency adoption for COVID-19 testing in Subject Number 046-1347 Emergency Adoption and Notice of Proposed Rulemaking of Addition of 12 NYCRR 329-1.3(d) (COVID-19 Testing) released on November 18, 2020.

Clarissa M. Rodriguez
Chair