Following the enactment of New York Senate Bill 3005C, residents and fellows in ACGME-accredited programs can now treat injured workers under supervision. To support this law, the New York Workers’ Compensation Board is proposing rules to clarify billing guidance.

According to the proposal, Non-Surgical Services would use modifier 1R, reimbursed at the same rate as if performed by the supervising physician. As for Assistant at Surgery, modifier 84 would be used, reimbursed at 16% of the physician fee and documented in the surgical report.

The proposed rule was published in the January 7, 2026 State Register. Public comments will be accepted through March 8, 2026, and may be submitted to regulations@wcb.ny.gov.