N.Y. Comp. Codes R. & Regs. tit. 12 § 349-2.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 349-2.3 - Therapist's decision regarding arbitration

(a) Upon receipt of a notice of objection (form A-1), a therapist may request arbitration by notifying the chairman in accordance with the following:

(1) if only arbitration issues are raised, the request for arbitration shall be made within 60 days after receipt of the notice of objection (A-1);

(2) if there are issues requiring adjudication by a Workers' Compensation Law Judge in addition to arbitration issues, the request for arbitration shall be made within 60 days of the filing of the decision in favor of the therapist; and

(3) failure to make timely request for arbitration shall be deemed a waiver of the right to arbitration.

If the therapist wishes to arbitrate the bill, he or she shall complete and sign the request for arbitration and forward it to the medical registration section together with a check to the order of the Chairman, Workers' Compensation Board, in the sum of $5 as a minimum arbitration fee. Notwithstanding any provision in this section to the contrary, upon application of the therapist, the chairman may for good cause shown excuse the therapist for the delay in filing the request for arbitration, and schedule the disputed bill for arbitration.

(b) Failure of the therapist to render a bill to the employer or carrier within 90 days from the last day of the month in which services were rendered shall be deemed to be a waiver of the right to arbitrate the bill. Notwithstanding any provision in this section to the contrary, upon application of the therapist, the chairman may for good cause shown excuse the therapist for the delay in submitting such bill to the carrier, and schedule the disputed bill for arbitration.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 349-2.3