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Important Update on Workers' Compensation Board Operations (June 2021)

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Subject Number 046-1389 Proposed Amendment of 12 NYCRR 441.1, 441.2, 441.3, and 441.5 (New York Workers' Compensation Drug Formulary Updates)

Board Bulletins and Subject Numbers

Date: March 29, 2021

The Chair proposes the amendments of sections 441.1. 441.2, 441.3, and 441.5 of Title 12 NYCRR to update the New York Workers' Compensation Drug Formulary (Formulary); set a new date for compliance with the Formulary for refills and renewals (previously delayed during the COVID-19 pandemic); and to clarify that within OnBoard: Limited Release, a medical marijuana prior authorization request (PAR) will no longer be submitted via the existing variance request process, but will instead be submitted and processed in the new system as a "Medication PAR" (although the criteria needed for approval will remain the same).

The Notice of Proposed Rule Making was/will be published in the March 31, 2021, edition of the State Register. Comments regarding the proposal will be accepted for 60 days after publication. Please submit comments by emailing

Clarissa M. Rodriguez