Bill Text: NY S03394 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to notification in the case of a change to the workers' compensation claims representative.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S03394 Detail]

Download: New_York-2019-S03394-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3394--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT to amend the workers' compensation law, in relation to notifica-
          tion in the case of a change to a workers' compensation claims  repre-
          sentative
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 138 to read as follows:
     3    §  138.  Workers'  compensation claims representative replacement.  1.
     4  Where an injured employee is entitled to workers' compensation  benefits
     5  under  this chapter and a claims representative has been assigned to his
     6  or her workers' compensation claim by an insurance carrier, such  insur-
     7  ance  carrier  shall be required to notify such injured employee or such
     8  employee's personal representative in  the  event  that  such  claim  is
     9  assigned  to  a  new claims representative, or it is determined that the
    10  assignment of a claims representative is no longer  necessary.  For  the
    11  purposes of this section, "claims representative" shall mean any employ-
    12  ee,  agent,  or  other  representative  of  an insurance carrier that is
    13  responsible for processing, adjudicating, or in any  way  effecting  the
    14  settlement of a workers' compensation claim.
    15    2.  An insurance carrier shall provide such notice by electronic means
    16  or by certified or registered mail, as elected by the injured  employee,
    17  return  receipt  requested,  to  the  last  known address of the injured
    18  employee or such  employee's  personal  representative  within  fourteen
    19  business  days  of  the  replacement of any claims representative or the
    20  determination that the assignment of a claims representative is no long-
    21  er necessary. Such notice shall include the name and contact information
    22  of the new claims representative when a new assignment has been made.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01674-04-9
        S. 3394--A                          2
     1    § 2. The workers' compensation law is amended by adding a new  section
     2  138-a to read as follows:
     3    §  138-a.  Workers'  compensation  claims  representative replacement;
     4  self-insured employer. 1. Where an injured employee is entitled to work-
     5  ers' compensation benefits under this chapter  and  a  claims  represen-
     6  tative  has been assigned to his or her workers' compensation claim by a
     7  self-insured employer, such self-insured employer shall be  required  to
     8  notify  such injured employee or such employee's personal representative
     9  in the event that such claim is assigned to a new claims representative,
    10  or it is determined that the assignment of a claims representative is no
    11  longer necessary. For the purposes of this  section,  "claims  represen-
    12  tative"  shall  mean  any  employee, agent, or other representative of a
    13  self-insured employer that is responsible for processing,  adjudicating,
    14  or in any way effecting the settlement of a workers' compensation claim.
    15    2.  A  self-insured  employer  shall provide such notice by electronic
    16  means or by certified or registered mail,  as  elected  by  the  injured
    17  employee,  return  receipt  requested,  to the last known address of the
    18  injured employee or such employee's personal representative within four-
    19  teen business days of the replacement of any  claims  representative  or
    20  the  determination  that the assignment of a claims representative is no
    21  longer necessary. Such notice shall include the name and contact  infor-
    22  mation  of  the new claims representative when a new assignment has been
    23  made.
    24    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    25  sion, section or part of this act shall be  adjudged  by  any  court  of
    26  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    27  impair, or invalidate the remainder thereof, but shall  be  confined  in
    28  its  operation  to the clause, sentence, paragraph, subdivision, section
    29  or part thereof directly involved in the controversy in which such judg-
    30  ment shall have been rendered. It is hereby declared to be the intent of
    31  the legislature that this act would  have  been  enacted  even  if  such
    32  invalid provisions had not been included herein.
    33    §  4.  This  act shall take effect on the ninetieth day after it shall
    34  have become a law.