No-Fault Regulation 68
Current Regulation 68: Effective April 5, 2002
The Current Regulation 68 was to be implemented effective as of September 1, 2001. However, due to a lawsuit filed in the New York State Supreme Court seeking a stay of enforcement of the revised regulation, the revised Regulation 68 became effective as of April 5, 2002.
Regulation 68 is divided into four different subparts that each address a separate regulated aspect of the No-Fault reparations system as follows: Regulation 68-A - Prescribed Policy Endorsements; Regulation 68-B - Rights and Liabilities of Self Insurers; Regulation 68-C - Claims for Personal Injury Protection Benefits; and Regulation 68-D - No-Fault Arbitration.
On April 11, 2002 the Department promulgated, on an emergency basis, the First Amendment to Regulation No. 68-C (11 NYCRR 65) and the First Amendment to Regulation No. 68-D (11 NYCRR 65). These two emergency regulations amended the provisions of the Current Regulation 68 to conform it with the 25th Amendment to the old regulation, and were finally adopted on April 5, 2003. Subsequently, the Department promulgated both the Second and Third Amendments to Regulation 68-D (11NYCRR65) to take effect on February 4, 2004. On April 30, 2004 the Department promulgated the Second Amendment to Regulation 68-C which resulted in the repeal and re-issuance of Appendix 13 to Regulation 68, which contains a complete set of the prescribed No-Fault claim forms. On August 31, 2006 the Department promulgated, on an emergency basis, the Third Amendment to Regulation No. 68-C (11 NYCRR 65) and the Fourth Amendment to Regulation No. 68-D (11 NYCRR 65). These two amendments to Regulation 68 were finally adopted effective March 14, 2007, requiring insurers to issue no-fault denials with specific wording so that the applicants will be aware that they can apply for special expedited arbitration to resolve the issue of which eligible insurer is designated for first party benefits, and providing the procedures for administration of the special expedited arbitration for disputes regarding the designation of the insurer for first part benefits.
NOTE TO READER
In order to assist you in viewing Regulation 68 in totality and in its most current form, the following two documents contain the full text of all four subparts of Regulation 68 as well as Appendix 13 to the Regulation, which contains all prescribed No-Fault forms. These two documents are inclusive of all modifications affected by all subsequently issued amendments to the Regulation.
Although reasonable efforts have been made to ensure that these two documents are current, complete and accurate, the Insurance Department does not warrant or represent that this information is current, complete and accurate. All information is subject to change on a regular basis, without notice.
The Insurance Department assumes no responsibility for any errors in the information provided, nor assumes any liability for any damages incurred as a consequence, directly or indirectly, of the use and application of these two documents, or any of the contents of the Insurance Department Web site.
If, for historical purposes, you require access to the unmodified complete text of Regulation 68 (as initially promulgated) that became effective as of April 5, 2002, or any of the subsequent amendments to the individual subparts of the Regulation, these documents can be individually accessed as follows:
The above document includes all four subparts of Regulation 68 as well as Appendix 13, as initially promulgated.
NOTE that the above document does NOT reflect the subsequent issuance of amendments to Regulation 68, each of which are each individually listed below. Each document is in PDF format unless otherwise noted:
- First Amendment to Regulation No. 68-C
- Second Amendment to Regulation 68-C
- Third Amendment to Regulation 68-C
- Fourth Amendment to Regulation 68-C
- Fifth Amendment to Regulation 68-C
- First Amendment to Regulation No. 68-D
- Second Amendment to Regulation 68-D
- Third Amendment to Regulation 68-D
- Fourth Amendment to Regulation 68-D