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Regulations Emergency Adoption and Proposed Rulemaking for Addition of Section 323.3 to 12 NYCRR (Formulary Notice)


The Chair has adopted on an emergency basis the addition of 12 NYCRR 323.3 to require insurers, self-insured employers and third-party administrators to provide notice to affected claimants and medical providers of the date that refills and renewals of prescription medication must conform to the New York Workers’ Compensation Drug Formulary (NY WC Formulary). Such notice must be provided on or before May 1, 2021. A Notice of Emergency Adoption and Proposed Rulemaking will be published in the March 31, 2021 edition of the State Register. This emergency rulemaking expires 90 days from filing March 12, 2021. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing