Increasing access to medical care for injured workers (universal authorization)
Governor Kathy Hochul is proposing new legislation to allow any eligible licensed medical provider in good standing to treat workers' compensation patients. This "Universal Authorization" would greatly benefit injured workers across the state.
New York is one of only a handful of states that requires special authorization for health care providers to treat injured workers. Currently, just 10 percent of eligible providers have gone through this authorization process, forcing too many injured workers to wait long times for appointments or travel long distances to receive care.
New Yorkers who get hurt at work should be able to get timely care from doctors they know and trust, so they can get healthy and get back to work. While ensuring that qualified doctors are serving patients, Governor Hochul's proposal removes a cumbersome and outdated authorization process. Cutting this red tape will open the door to thousands more primary care providers and specialists who can be readily available to seamlessly help injured workers heal so they can return to their lives and their livelihoods.
Participation in the workers' compensation system would remain optional for medical providers, and the Board would continue to regulate them and maintain an exclusion list to ensure high-quality care.
The Governor's proposal complements the many recent actions the Board has taken to increase provider participation in the workers' compensation system: a much more competitive fee schedule, eliminating many comp-specific forms and transitioning to a universal billing form to reduce administrative burden, use of an online system for prior authorization and requests to review medical billing disputes, quicker resolution of billing disputes, and a significantly reduced need for provider depositions, among other improvements.
Benefits to workers
Ability to be treated by their family doctor
- Removes the Board-authorization requirement to enable all eligible licensed medical providers, in good standing, to treat workers' compensation patients. This allows injured workers to receive treatment from their personal physicians and specialists, where they have existing and trusted relationships, and where there is a greater familiarity with their overall health status and medical conditions.
- This familiarity creates greater continuity/coordination of care and better outcomes.
- Presently, approximately two-thirds of New Yorkers have a primary care physician, and many have known, trusted specialists. Injured workers will be able to be treated by their primary care physicians and trusted specialists.
Increased access to quality health care
- Proposal increases geographic access to care in every region of New York State and increases access to providers from every medical specialty.
- Increases pool of providers in suburban/rural areas where currently injured workers must travel an average of 35 miles to see an authorized provider, and where up to 40% must travel to another county for treatment.
- Gives workers' compensation patients access to medical specialists who are not presently participating in workers' comp, which is particularly important for infrequent conditions (e.g., asthma or allergies) for which return to work may be delayed until after specialized evaluation, or for rare conditions (e.g., cancer) where prompt diagnosis/treatment can be life-saving, and undertaking long travel for care can be a significant hardship.
Freedom of choice
- Provides freedom to select from the most qualified and skilled providers.
- Presently, only 10% of eligible providers are authorized, so choice of provider may be severely limited, even in geographies where there is no shortage of providers.
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Frequently asked questions
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How will authorization work?
Authorization would be automatic as part of health care providers' licensing through the New York State Education Department.
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How many providers are currently authorized?
There are about 24,500-Board authorized providers, and roughly 18,000 of those are actively treating injured workers.
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How will medical providers know the rules and regulations governing their treatment under the Workers' Compensation Law?
Providers receive education and training that make them well-equipped to meet the needs of their patients for workers' compensation purposes, such as commenting on causation, return-to-work, degree of disability and permanency. These same providers are already familiar with these concepts in other contexts of their practice (private disability insurance, Social Security, and personal injury claims). Clinically, these providers are probably already practicing in line with our Medical Treatment Guidelines, which represent widely accepted, evidence-based best practices. Moreover, the Board provides robust training and education to all providers with direct outreach, website webinars, training documents and one-on-one email or telephonic guidance that will be available to all providers. This proposal will require periodic training by providers to ensure they are kept abreast of any new developments or nuances in the workers' compensation system.
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How long will it take to implement?
If the legislation passes, the implementation date will be January 1, 2028.
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Wasn't this proposed in 2025?
Yes, this change was first proposed as part of Governor Hochul's 2025 State of the State, alongside other proposals to improve access to medical care, including allowing resident and fellow physicians to treat injured workers; increasing medical fee schedules to attract more providers into the system; and allowing insurance carriers to pay medical-only claims for up to one year without assuming liability. While universal authorization had strong support, it was not ultimately negotiated during the budget process. However, the other proposals (both legislative and regulatory) were enacted.
Support
"It's critically important that injured and ill workers get prompt medical care by professionals who understand their needs. The universal authorization that Governor Hochul has proposed will drastically increase the number of health care providers who can treat injured and ill workers in the workers' compensation system. Additionally, New York State has top-notch teaching hospitals, so the Governor's proposal to allow fellow and resident physicians to treat, under the supervision of a faculty physician, will further enhance the quality of care. Combined, these proposals will enable workers to get treated faster, increasing the likelihood that they will recover sooner and more fully."
- Dr. Marc Wilkenfeld, Board Certified Occupational Medicine Physician
"Having a worker remain out of work due to a lack of sufficient healthcare providers when they might otherwise be rehabilitated rapidly and return to work is an unnecessary burden on the patient, cost to the system and to all parties, and a disruption to commerce in general. Opening up workers' compensation to all physicians and providing a better reimbursement rate will benefit the injured or ill employee, the employer, the provider, the carrier and in general New York State. It is most clearly a win-win situation for all."
- Dr. Warren Silverman, FACOEM, FACPM occupational medicine and workers' compensation expert
"More providers would mean injured workers would have more and better choices for their healthcare, including the ability to receive treatment from their own primary care provider, someone whom they already know and trust."
- Dr. Cristina Demian, Medical Director of Finger Lakes Occupational Health Services
Learn more
- Read Governor Hochul's press release: (1/13/26): Governor Hochul Unveils New Initiatives to Strengthen New York's Health Care System, Drive Down Cost of Care
- To learn more about the 2026 State of the State, see this year's State of the State book . You can also watch a replay of Governor Hochul's State of the State address.