Assembly Bill A8900

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8900
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to assessment
   rates for employers who have an established alternate  dispute  resol-
   ution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 151 of the workers' compensation law is amended  by
 adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION, FOR FISCAL YEARS BEGINNING ON AND AFTER APRIL FIRST, TWO  THOU-
 SAND  TWENTY-SIX, FOR THOSE AFFECTED EMPLOYERS WHO OBTAIN COVERAGE WHICH
 INCLUDES THE ALTERNATIVE TO  OPERATE  AN  ALTERNATE  DISPUTE  RESOLUTION
 PROGRAM  FOR  THE EXPRESS PURPOSE OF ADMINISTERING WORKERS' COMPENSATION
 BENEFITS FOR THE EMPLOYEES OF SUCH EMPLOYERS  THROUGH  A  SELF-INSURANCE
 PLAN  WHICH  HAS BEEN APPROVED BY THE CHAIR AS REFERENCED IN SUBDIVISION
 THREE OF SECTION TWO HUNDRED TWENTY-EIGHT OF  THIS  CHAPTER,  THE  CHAIR
 SHALL  ESTABLISH  AN ASSESSMENT RATE WHICH REFLECTS THE SAVINGS IN ADDI-
 TIONAL ESTIMATED ANNUAL ADMINISTRATIVE EXPENSES WHICH  THE  BOARD  WOULD
 HAVE  INCURRED,  BUT  FOR  THE  ESTABLISHMENT OF SUCH ALTERNATIVE BY THE
 EMPLOYER, AND WHICH IS AT A RATE WHICH IN NO EVENT  SHALL  EXCEED  FIFTY
 PERCENT  OF  THE  ASSESSMENT  RATE  FOR  ALL OTHER AFFECTED EMPLOYERS AS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   § 2. Section 228 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 IN  COMPUTING THE ESTIMATED ANNUAL EXPENSES NECESSARY TO ADMINISTER SUCH
 PROVISIONS OF LAW FOR FISCAL YEARS BEGINNING ON AND AFTER  APRIL  FIRST,
 TWO  THOUSAND TWENTY-SIX, FOR ALL EMPLOYERS WHO UTILIZE A DISPUTE RESOL-
 UTION PROGRAM TO ADMINISTER WORKERS' COMPENSATION BENEFITS  AND  WHO  NO
 LONGER  PARTICIPATE  IN THE PROGRAM PROVIDED FOR IN SUBDIVISION EIGHT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13367-01-5
              

 A. 8900                             2
 
 SECTION FIFTEEN OF THIS CHAPTER AS A RESULT  OF  THEIR  EXECUTION  OF  A
 WHOLESALE  AGREEMENT  WITH  THE  BOARD,  THE  ASSESSMENT  RATE FOR THOSE
 EMPLOYEES TO PAY THEIR FAIR SHARE OF THE ESTIMATED ANNUAL  AMOUNT  SHALL
 BE  AS  DETERMINED  PURSUANT  TO  THE PROVISIONS OF SUBDIVISION TWO-A OF
 SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
   § 3. This act shall take effect immediately.