FAQs: No-Fault Insurance Regulation 68
Answer: Insurance Regulation 68, as revised effective April 5, 2002, effected numerous changes to the processing of No-Fault claims. The revised Regulation modified the timeframes in which to submit written notice of claim from 90 to 30 days and to submit medical bills from 180 to 45 days, respectively, and mandated that lost wage claims must be submitted within 90 days. The new regulation also included provisions for the electronic data transmittal of claim information, and revised rules concerning the wording and acceptance of No-Fault assignments. In addition, the revised regulation modified many of the administrative procedures in connection with No-Fault arbitration and conciliation.
Answer: Insurers are required after April 5, 2002, to issue new prescribed endorsements with new and renewal policies containing the new requirements. These requirements can be applied only to claims that arise under policies issued which include the new endorsement.
Answer: No, the new endorsement can only be issued with new policies or at the annual renewal of an existing policy issued after April 5, 2002.
Answer: The new time requirements apply as of the date that notice or submission of claims are made to the insurer. For example, if the accident occurs on January 1, notice of the claim must be mailed or submitted to the insurer no later than January 30 to comply with the notice requirement.
Answer: Self-insurers, which do not issue endorsements, must apply the new requirements on all claims that result from accidents that occur on or after April 5, 2002.
Answer: With some clarifications or exceptions, the new claims practice procedures contained in Regulation 68-C are in effect as of April 5, 2002. The following are the clarifications or exceptions:
- Simple interest will be paid by insurers for overdue claims arising from accidents that occur on or after April 5, 2002;
- The Explanation of Benefits must be provided for claims received by insurers on or after April 5, 2002.
- Benefits for Other Necessary Expenses may no longer be assigned for claims arising from accidents that occur on or after April 5, 2002.
Answer: The NF-3 form contained in the First Amendment must be provided by insurers for claims arising from all accidents that occur on or after March 1, 2002.
Answer: The NF-10 form contained in the First Amendment must be used for all claims denied that arose out of accidents that occur on or after March 1, 2002.
Answer: This rule takes effect for all arbitration requests filed on or after April 5, 2002.
Answer: This rule takes effect for all arbitration requests filed on or after March 1, 2002.
Answer: The requirement for the payment of an $80 minimum attorney's fee for denied claims takes effect for claims received by insurers on or after April 5, 2002.
Answer: This rule takes effect for all arbitration requests filed on or after April 5, 2002.
Answer: The new procedures for obtaining payment of an unpaid award and for the payment of an attorney's fee for enforcement of awards apply to requests for enforcement of awards that result from arbitration requests filed with the American Arbitration Association on or after April 5, 2002.
Answer: The determination of whether the offsets for New York State Disability benefits are deducted before or after the 20% offset is dependent upon the taxability of the disability benefit. If the benefit is taxable, it is deducted prior to application of the 20% offset. If the benefit is not taxable, it is deducted after application of the 20% offset factor. No-Fault insurers should not make any assumptions as to whether or not NYS Disability benefits are taxable. The No-Fault insurer is responsible for determining the taxability of the NYS Disability benefits at the time the claim is made.