Relates to assessment rates for employers who have an established alternate dispute resolution

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10083

                                    I N  S E N A T E

                                     April 27, 2026
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to assessment
          rates for employers who have an established alternate  dispute  resol-
          ution

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Section 151 of the workers' compensation law is amended  by
     2  adding a new subdivision 2-a to read as follows:
     3    2-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
     4  SECTION, FOR FISCAL YEARS BEGINNING ON AND AFTER APRIL FIRST, TWO  THOU-
     5  SAND  TWENTY-SIX, FOR THOSE AFFECTED EMPLOYERS WHO OBTAIN COVERAGE WHICH
     6  INCLUDES THE ALTERNATIVE TO  OPERATE  AN  ALTERNATE  DISPUTE  RESOLUTION
     7  PROGRAM  FOR  THE EXPRESS PURPOSE OF ADMINISTERING WORKERS' COMPENSATION
     8  BENEFITS FOR THE EMPLOYEES OF SUCH EMPLOYERS  THROUGH  A  SELF-INSURANCE
     9  PLAN  WHICH  HAS BEEN APPROVED BY THE CHAIR AS REFERENCED IN SUBDIVISION
    10  THREE OF SECTION TWO HUNDRED TWENTY-EIGHT OF  THIS  CHAPTER,  THE  CHAIR
    11  SHALL  ESTABLISH  AN ASSESSMENT RATE WHICH REFLECTS THE SAVINGS IN ADDI-
    12  TIONAL ESTIMATED ANNUAL ADMINISTRATIVE EXPENSES WHICH  THE  BOARD  WOULD
    13  HAVE  INCURRED,  BUT  FOR  THE  ESTABLISHMENT OF SUCH ALTERNATIVE BY THE
    14  EMPLOYER, AND WHICH IS AT A RATE WHICH IN NO EVENT  SHALL  EXCEED  FIFTY
    15  PERCENT  OF  THE  ASSESSMENT  RATE  FOR  ALL OTHER AFFECTED EMPLOYERS AS
    16  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
    17    § 2. Section 228 of the workers' compensation law is amended by adding
    18  a new subdivision 3 to read as follows:
    19    3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
    20  IN  COMPUTING THE ESTIMATED ANNUAL EXPENSES NECESSARY TO ADMINISTER SUCH
    21  PROVISIONS OF LAW FOR FISCAL YEARS BEGINNING ON AND AFTER  APRIL  FIRST,
    22  TWO  THOUSAND TWENTY-SIX, FOR ALL EMPLOYERS WHO UTILIZE A DISPUTE RESOL-
    23  UTION PROGRAM TO ADMINISTER WORKERS' COMPENSATION BENEFITS  AND  WHO  NO
    24  LONGER  PARTICIPATE  IN THE PROGRAM PROVIDED FOR IN SUBDIVISION EIGHT OF
    25  SECTION FIFTEEN OF THIS CHAPTER AS A RESULT  OF  THEIR  EXECUTION  OF  A
    26  WHOLESALE  AGREEMENT  WITH  THE  BOARD,  THE  ASSESSMENT  RATE FOR THOSE
    27  EMPLOYEES TO PAY THEIR FAIR SHARE OF THE ESTIMATED ANNUAL  AMOUNT  SHALL
    28  BE  AS  DETERMINED  PURSUANT  TO  THE PROVISIONS OF SUBDIVISION TWO-A OF
    29  SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
    30    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13367-01-5