Trusted Clients,
We are writing to inform you of a recent legislative change that will be posted to the State Register and open for comment soon. As part of her 2025 State of the State proposals and in response to community feedback, Governor Kathy Hochul signed an amendment to Workers’ Compensation Law Section 21-a. This amendment will allow payers to provisionally pay for medical care under this section without directly admitting liability.
Currently, WCL § 21-a permits payers to pay indemnity benefits and prescribed medicine for up to one year without admitting liability. The new amendment expands this definition by allowing payers to also make payments for medical treatment during that period, in addition to benefits and medicine, all without claiming liability.
This change is expected to provide greater flexibility for payers while allowing injured workers to promptly receive necessary medical care during the evaluation of claims. The amendment will take effect Jan. 1, 2027, and will be published in the State Register and posted on the New York State Workers’ Compensation Board’s website, followed by a 60-day public comment period.
Jones Jones LLC will continue to monitor the status of the amendment and provide updates as they become available. If you have questions regarding how this amendment may affect your claims handling practices or would like support navigating the complexities of the change, please contact Jones Jones at concierge@jonesjonesllc.com.
