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Workers' Compensation Board

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Job Impact Statement of Proposed Amendment
of 12 NYCRR 300.2 (IME Regulation)

The proposed amendments to the regulation will not have an adverse impact on jobs in New York State.

  1. The amendments to 300.2 (b) and (d) change the regulation to require that independent medical examiners limit their review of medical reports to those reports that are already part of the Board case file. This change ensures that all parties have access to the same information in accordance with Workers' Compensation Law §137(1), while limiting the expense and waste caused by unnecessary duplication of records. It is not anticipated that this change will have any impact on jobs in New York State.
  2. The amendment to 300.2(c)(3) allows the Board to remove a provider from the list of those authorized to conduct independent medical examinations, following notice to the affected provider, whenever the provider fails to possess a state license and Board certifications as required by Workers' Compensation Law §137 (3)(a). It is not anticipated that this change will have any impact on jobs in New York State.
  3. The amendment to (d)(11) makes permanent an emergency rule that has been in effect since January 2004. The change was necessary to ensure that there was sufficient time to prepare and file reports of independent medical examination following the conduct of the examination. The emergency regulation has not had any impact on jobs in New York State. Accordingly, the identical permanent regulation should not have any impact on jobs in New York State.
  4. New paragraph (e)(6) creates procedures to rescind (revoke) the registration of an IME entity. These procedures are designed to ensure that due process is observed. Commencing an action of this nature usually only occurs in extreme cases and is based upon noncompliance with the requirements of Workers' Compensation Law §137, and/or violations of Workers' Compensation Law §13-a(6) and/or new subparagraph (3) of §13-n of the Workers' Compensation Law. While there may be an adverse impact on jobs at a given IME entity when its registration is rescinded (revoked) by the Board, rescission (revocation) of registration is a necessary safeguard to protect injured workers, health care providers and insurance carriers from recalcitrant or fraudulent IME entities. Further, the rescission (revocation) of an IME entity will not affect the independent medical examiner's ability to continue to provide independent medical examination services since the Board separately authorizes all such health care providers and recognizes their services by their individual license and authorization number, not by their affiliation with an IME entity. Rescission (revocation) of the registration of an IME entity is authorized by subparagraph (3) of section 13-n and 141 of the Workers' Compensation Law and these proposed changes simply add the procedures to be followed by the Board. Thus the regulation itself should have no impact on jobs in New York State.

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