Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABORChapter V - Workers' CompensationSubchapter C - Medical Treatment and CarePart 325 - Medical And Surgical Care And Treatment
Subpart 325-6 - Reimbursement for workers' compensation claims paid by health insurers; arbitration of disputed requests for reimbursement
Section 325-6.15 - Means of service

N.Y. Comp. Codes R. & Regs. tit. 12 § 325-6.15

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Current through Register Vol. 46, No. 25, June 18, 2024
Section 325-6.15 - Means of service
(a)Pre-arbitration.

The health insurer and carrier shall serve the request for reimbursement and any payments or objections thereto using the HIMP-1 form. Service shall be effective if performed by:

(1) personal delivery;
(2) first class mail;
(3) certified mail return receipt requested;
(4) overnight delivery service;
(5) facsimile transmission, provided that the receiving party has designated a facsimile number for this purpose to the other party or the board;
(6) electronic mail with confirmation of delivery, provided that the receiving party has designated an electronic mail address for this purpose to the other party or the board; or
(7) such other means of delivery (electronic or otherwise) as is agreed upon between the carrier and the insurer in a written agreement.

Service by facsimile transmission shall be complete upon the receipt by the sender of a signal from the equipment of the carrier served indicating that the transmission was received. Service by electronic mail shall be complete upon the receipt of confirmation of electronic delivery.

(b)Arbitration.

Any documents to be served on the dispute forum and opposing party in arbitration or to be served on the parties by the dispute forum, including the initial request for arbitration, the carrier's objections, and notices or decisions from the dispute forum, shall be delivered by one of the following means:

(1) personal delivery;
(2) first class mail;
(3) certified mail return receipt requested;
(4) overnight delivery service;
(5) facsimile transmission, provided that the receiving party has designated a facsimile number for this purpose to the other party or the board;
(6) electronic mail with confirmation of delivery, provided that the receiving party has designated an electronic mail address for this purpose to the other party or the board;
(7) submission on an electronic case filing platform maintained by the dispute forum; or
(8) such other means of delivery provided for by the dispute forum in its written rules.

Service by facsimile transmission shall be complete upon the receipt by the sender of a signal from the equipment of the carrier served indicating that the transmission was received. Service by electronic mail shall be complete upon the receipt of confirmation of electronic delivery. Service by submission on an electronic case filing platform shall be complete upon the receipt of confirmation of electronic delivery and shall be effective with respect to service on the dispute forum and the other party, provided that the case filing platform provides prompt delivery of documents or access thereto to the other party.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 325-6.15

Adopted New York State Register April 6, 2016/Volume XXXVIII, Issue 14, eff.6/1/2016