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

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Regulations Adoption of Amendment to 12 NYCRR 441.1, 441.2, 441.3, and 441.5 (Formulary & Medical Marijuana Clarification)

Regulations

The Chair has adopted amendments of 12 NYCRR 441.1, 441.2, 441.3, and 441.5 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 a medical marijuana prior authorization request (PAR) will no longer be submitted via the existing variance request process, but will instead be submitted within OnBoard: Limited Release as a "Medication PAR" (although the criteria needed for approval will remain the same). As noted in Subject Number 046-1408, new effective dates for Formulary and PAR regulations will coincide with the launch of OnBoard: Limited Release, the first phase of the Workers' Compensation Board's new business information system. More information on that is expected to be shared in the coming weeks.

The Notice of Proposed Rule Making was published in the March 31, 2021, edition of the State Register. The Notice of Adoption will be published in the September 1, 2021, edition of the State Register.