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The New York State Insurance Department is seeking additional public comment on how the state’s no-fault automobile insurance regulation should be changed to help reduce fraud and abuse and make the no-fault system more user-friendly.

The Department today announced that it has posted a revised working draft of proposed changes to Regulation 68 at this location on the Department’s website,

Regulation 68 implements the state’s no-fault law which allows accident victims to collect directly from their insurance companies for medical and hospital expenses and lost wages, regardless of who was at fault in an accident.

Since issuing the working draft late in 2009, the Department has solicited feedback by conducting numerous meetings with stakeholders. In addition, the Department received written comments on its proposals from 127 interested parties.

“The Department has worked hard to evaluate all of the input we received. The revised working draft reflects that feedback and it is being made available now to give stakeholders another opportunity to review our proposals and submit additional comments,” Superintendent James Wrynn said.

“We want to make sure that the new rules that are put in place effectively address the no-fault issues that need to be corrected. At the same time, we need to make sure these new rules are fair and equitable to all,” Wrynn said.

Stakeholders will have 30 days to submit additional comments before the Department finalizes its proposed changes to the regulation. Comments on the working draft can be submitted to the Department directly via the website.

Proposed revisions to Regulation 68 would address such issues as streamlining the claims process, providing insurers with additional tools to combat fraud, overbilling and fee overcharging and reforming the health service exam and exam under oath procedures.

The changes being considered to the no-fault regulation represent the first significant revisions to the regulation since 2002. New York’s no-fault law went into effect in 1974.

According to a report recently released by the Department, there were 12,807 reports of suspected fraud involving no-fault insurance in 2010.



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