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New York Workers’ Comp Board continues emergency telehealth rules and updates DME fee schedule

July 27, 2021 · Public Policy & Regulatory Affairs Team

The New York State Workers’ Compensation Board (WCB) issued a notification for continued usage of emergency rules for telehealth visits with a stated intention of adopting permanent rules prior to the emergency rule expiration of September 22, 2021. The existing emergency and eventual permanent telehealth rules will continue to allow using two-way audio and video communications.

DME updates

A second notification from the WCB offered a modified Durable Medical Equipment, Prosthetics, Orthotics, Supplies (DMEPOS) fee schedule list, which would correct “inadvertently transposed codes” and adjust other fees. The WCB stated “No additional costs are expected as a result of this proposal. Updating of the fees may increase costs for certain types of DME, but this corrects inadvertently transposed codes and adjusts other fees and should increase clarity and decrease confusion.”

Both updates were published in the State Register on July 14, 2021. Comments will be accepted for 60 days and can be sent to

What’s next

The WCB continues to issue rules and updates related to the DMEPOS fee schedule, Prior Authorization Requests (PARs) for medical services and Medical Treatment Guideline (MTG) variances and the Drug Formulary as they look to roll-out the OnBoard platform Limited Release requirements on or around the same time frame. 

The Optum Public Policy & Regulatory Affairs team will continue to track all related information and provide updates as needed. Should you need more information on this or any other public policy issue, please contact us at

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