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Subject Number 046-1388 Emergency Adoption and Proposal of Addition of 12 NYCRR 323.3

Board Bulletins and Subject Numbers

March 19, 2021

The Chair has adopted on an emergency basis and proposed the addition of 12 NYCRR 323.3 to require payers to provide notice to affected injured workers and health care providers that refills and renewals of prescription medication must conform to the New York Workers' Compensation Drug Formulary (Formulary) by June 7, 2021, as referenced in Subject Number 046-1371. Such notice must be provided to affected workers and providers on or before May 1, 2021. These notifications must be in the format prescribed by the Chair. Please see the Injured Worker Formulary Notification and Provider Formulary Notification for the required format.

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 regarding the proposal will be accepted for 60 days after publication. Please submit comments by emailing

Clarissa M. Rodriguez