Safe Patient Handling and Workers' Compensation

The Department of Financial Services (DFS) recently published a proposed regulation that would establish requirements for health care facilities to obtain a reduced workers’ compensation insurance rate for safe patient handling programs implemented pursuant to the Public Health Law (PHL). Under the regulation, for each workers’ compensation insurance policy issued or renewed in New York, an insurer is required to provide a credit to a health care facility that implements and maintains a safe patient handling program that meets the requirements of PHL § 2997-(k)(2). DFS has adopted the regulation with substantive changes. The regulation provides that the workers' compensation insurance credit will apply to workers’ compensation policies issued or renewed on or after Oct. 1, 2017.

In order to be eligible to receive this credit, a health care facility must implement and maintain a safe patient handling program that meets the requirements of PHL § 2997-(k)(2). The facility’s workers’ compensation insurer is required to verify, or obtain verification from the facility, that the facility has implemented such program prior to providing the credit to the facility’s workers’ compensation insurance policy. In response to public comments, DFS notes that it is acceptable for a workers’ compensation insurer to require a certification from the facility that the facility has a safe patient handling program in conformance with the PHL.

Click here to view the memo from LeadingAge NY's counsel, Hinman Straub, and the regulation from DFS.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832