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Proposed penalties for failure to cooperate with peer reviews



Legislation enacted in New York to be enacted on Wednesday would amend the state workers' compensation law to punish employers who do not cooperate with work skills audits and offer certain safety training incentives.

AB 308 would amend New York law to require employers who refuse to provide reasonable access to their payroll and other documentation, required for annual or semi-annual reviews, to pay an additional work composition of three times the most recently calculated annual premium.

Documentation that employers are expected to provide at the time of an audit includes original payroll, employee records, checkbooks, cash payments and receipts, general ledger, contracts, tax returns and original insurance certificates.

The bill states that employers who knowingly distort or conceal salaries, employment information or other information that affects the modification factor for experience ratings would be considered to have committed insurance fraud.

The legislation would not apply to self-insured employers or those who are members of a group-insured employee.

S.B. 381

would provide a 10% job compensation reduction for landscape companies, which shows that more than half of their employees have successfully completed a 10-hour approved building safety course for landscape architecture.

Legislators also prefiled A.B. 359, which would require the State Employees 'Compensation Board to appoint the state's uninsured employer fund as the employees' compensation insurer in cases where it is not possible to establish the identity of the responsible insurer for an employer within ten days after the application has been submitted.

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