The New York Workers’ Compensation Board (WCB) proposed new rules that would allow injured workers to get medications from non-network pharmacies in cases where a claim is not accepted for a specific body part or when there is a legal objection.

The proposed updates include:

• Payers must provide injured workers a written notice of legal objections, allowing them to use non-network pharmacies until resolved
• This standardized notice will be created by the WCB and may be electronic
• Pharmacies are required to provide medications to injured workers regardless of the notice issued by the payer and payers will be held accountable for payment or face penalties

The proposed rules are set to be published in the State Register on December 31st, with a 60-day comment period. Comments can be sent to regulations@wcb.ny.gov.

This proposal comes shortly after New York Governor Kathy Hochul vetoed Senate Bill 1974, which also proposed allowing injured workers to attain medications at non-network pharmacies in certain situations.