NY State Senate Bill 2017-S3964A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 31, 2018	advanced to third reading
May 30, 2018	2nd report cal.
May 22, 2018	1st report cal.1314
Jan 25, 2018	print number 3964a
Jan 25, 2018	amend and recommit to labor
Jan 03, 2018	referred to labor returned to senate died in assembly
Jun 21, 2017	referred to labor delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1457 committee discharged and committed to rules
Jan 31, 2017	referred to labor

Votes

- Jun 21, 2017 - Floor Vote
  S3964A
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Jun 5, 2017 - Rules Committee Vote
  S3964A
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Parker
  May 22, 2018 - Labor Committee Vote
  S3964A
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 22, 2018
      
      aye (14)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Dilan
      
      Gallivan
      
      Hannon
      
      Marcellino
      
      Murphy
      
      Ortt
      
      Parker
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S3964 - Details

Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Add §112-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5376
2015-2016: S3512

2017-S3964 - Summary

Provides incentives for productive workers' compensation audits.

2017-S3964 - Sponsor Memo

                                 BILL NUMBER:  S3964

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to providing incentives for productive workers' compensation
audits

 PURPOSE :

To prevent workers' compensation insurance fraud by ensuring that all
employers in the State are appropriately classified.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new Section 112-A to the Workers'
Compensation Law.

Paragraph (a) of subdivision one of such Section would require
periodic audits, including but not limited to, payroll records
verifications and onsite physical inspections, in order to determine
each employer's unique experience-rated operations for premium
calculations. Construction class employers shall be audited annually
and all other employers not less than biennially.

Paragraph (b) of subdivision one such Section would make a knowing
misrepresentation or concealment of material information in order to
avoid proper classification for purposes of premium calculations, a

fraudulent insurance practice in violation of applicable provisions of
Workers' Compensation Law Section 114 and Penal Law Section 176.05.

Subdivision two of such Section would exempt self-insureds from the
provisions of the Section.

Subdivision three of such Section defines "construction class."

Section 2 of the bill sets forth the effective date.

 JUSTIFICATION :

In order to combat Workers' Compensation Insurance fraud and hold down
premiums charged, especially in the construction industry, periodic
audits are necessary. Productive employer audits are beneficial, since
they (1) protect workers by ensuring adequate workers' compensation
coverage; (2) true-up premium, often leading to return of premium or
credits against future installments; and (3) provide adequate premium
for the appropriate risk classification. For instance, a roofing
contractor claiming to be a kitchen remodeler leads to data corruption
at the New York Compensation Insurance Rating Board and ultimately in
the rate-making at the Division of Insurance of the Department of
Financial Services.

Often, employers who refuse an audit are attempting to avoid paying
the appropriate Workers' Compensation premium. Experience in states
that have a periodic audit statute in place (like Florida, California,
North Carolina and South Carolina) shows that appropriate premium from
an employer who refuses an audit may be in excess of established
penalty provisions for such refusals. This bill would make clear the
penalties for refusing to submit to the standard practice of audits of
workers' compensation insurance policies, and would restate that
refusal to permit an audit of payroll records and knowing
misrepresentation or concealment of the number and type of employees
and actual work performed could constitute criminal insurance fraud.

 LEGISLATIVE HISTORY :

S.3512-A of 2015-16;
S.5376-B of 2013-14
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2019.

2017-S3964 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3964
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   incentives for productive workers' compensation audits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The workers' compensation law is amended by  adding  a  new
 section 112-a to read as follows:
   §  112-A.  AUDITS  OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER
 THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT  LESS  FREQUENTLY  THAN
 BIENNIALLY  AND  THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS
 OF EMPLOYERS IN SPECIFIED  CLASSIFICATIONS  BASED  ON  FACTORS  SUCH  AS
 AMOUNT  OF  PREMIUM,  TYPE  OF  BUSINESS, LOSS RATIOS, OR OTHER RELEVANT
 FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
 ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED,  BE
 AUDITED  LESS  FREQUENTLY  THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR
 CONSTRUCTION CLASSES MAY  BE  A  PHYSICAL,  ONSITE  REVIEW  OF  ORIGINAL
 PAYROLL  RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK (DISBURSEMENTS
 AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
 LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF
 ALL EMPLOYERS SHALL BE CONDUCTED NO MORE THAN ONE  HUNDRED  TWENTY  DAYS
 AFTER THE EXPIRATION OF A POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT,
 IF  REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE CORPORATION
 MUST PRINT AND SIGN THEIR NAMES ON  THE  AUDIT  DOCUMENT  AFFIRMING  THE
 ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE
 HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS
 AND  RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT THE
 AUDITOR TO MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION.    IF
 AN  EMPLOYER  FAILS  TO  PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND
 RECORDS NECESSARY FOR A PAYROLL VERIFICATION AUDIT, INCLUDING A PHYSICAL
 INSPECTION OF  THE  EMPLOYER'S  OPERATION,  THE  EMPLOYER  SHALL  PAY  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04820-01-7

 S. 3964                             2
 
 SURCHARGE  TO  THE CARRIER OF TWO TIMES THE MOST RECENT ESTIMATED ANNUAL
 PREMIUM.
   (B)  EMPLOYERS  THAT  FAIL TO PROVIDE REASONABLE ACCESS TO THE CARRIER
 FOR THE PURPOSE OF CONDUCTING AN AUDIT SHALL BE REPORTED TO THE NEW YORK
 COMPENSATION INSURANCE RATING BOARD.
   (C)  IF  AN  EMPLOYER  KNOWINGLY  UNDERSTATES  OR  KNOWINGLY  CONCEALS
 PAYROLL,  KNOWINGLY  MISREPRESENTS OR KNOWINGLY CONCEALS EMPLOYEE DUTIES
 SO AS TO AVOID PROPER CLASSIFICATION FOR PREMIUM CALCULATIONS, OR  KNOW-
 INGLY  MISREPRESENTS  OR KNOWINGLY CONCEALS INFORMATION PERTINENT TO THE
 COMPUTATION AND APPLICATION OF AN EXPERIENCE RATING MODIFICATION FACTOR,
 SAID KNOWING MISREPRESENTATIONS OR KNOWING CONCEALMENTS SHALL BE CONSID-
 ERED FRAUDULENT PRACTICES  IN  VIOLATION  OF  APPLICABLE  PROVISIONS  OF
 SECTION  ONE  HUNDRED  FOURTEEN  OF  THIS ARTICLE AND INSURANCE FRAUD IN
 VIOLATION OF APPLICABLE PROVISIONS OF SECTION 176.05 OF THE PENAL LAW.
   (D) IF DURING THE COURSE OF AN AUDIT CONDUCTED UNDER THIS SECTION,  AN
 INSURANCE  CARRIER  OBTAINS  INFORMATION  INDICATING  A VIOLATION OF THE
 PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THEN THE CARRIER  SHALL
 REPORT SUCH INFORMATION TO THE BOARD.
   2.  THIS  SECTION  SHALL  NOT  APPLY  TO EMPLOYERS THAT SELF-INSURE OR
 EMPLOYERS THAT ARE MEMBERS OF A WORKERS' COMPENSATION GROUP SELF-INSURED
 TRUST.
   3. FOR THE PURPOSES OF THIS SECTION, "CONSTRUCTION  CLASS"  MEANS  THE
 WORK  OR OCCUPATION DESCRIBED IN "GROUP 3" OF SUBDIVISION ONE OF SECTION
 THREE OF THIS CHAPTER.
   § 2. This act shall take effect January 1, 2019.

2017-S3964A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Add §112-a, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5376
2015-2016: S3512

2017-S3964A (ACTIVE) - Summary

Provides incentives for productive workers' compensation audits.

2017-S3964A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3964A

SPONSOR: SEWARD
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to providing incentives for productive workers' compensation
audits

 
PURPOSE:

To prevent workers' compensation insurance fraud by ensuring that all
employers in the State are appropriately classified.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Section 112-A to the Workers'
Compensation Law.

Paragraph (a) of subdivision one of such Section would require periodic
audits, including but not limited to, payroll records verifications and
onsite physical inspections, in order to determine each employer's
unique experience-rated operations for premium calculations.

Construction class employers shall be audited annually and all other
employers not less than biennially.

Paragraph (b) of subdivision one such Section would make a knowing
misrepresentation or concealment of material information in order to
avoid proper classification for purposes of premium calculations, a
fraudulent insurance practice in violation of applicable provisions of
Workers' Compensation Law Section 114 and Penal Law Section 176.05.

Subdivision two of such Section would exempt self-insureds from the
provisions of the Section.

Subdivision three of such Section defines "construction class."

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

In order to combat Workers' Compensation Insurance fraud and hold down
premiums charged, especially in the construction industry, periodic
audits are necessary. Productive employer audits are beneficial, since
they (1) protect workers by ensuring adequate workers' compensation
coverage; (2) true-up premium, often leading to return of premium or
credits against future installments; and (3) provide adequate premium
for the appropriate risk classification. For instance, a roofing
contractor claiming to be a kitchen remodeler leads to data corruption
at the New York Compensation Insurance Rating Board and ultimately in
the rate-making at the Division of Insurance of the Department of Finan-
cial Services.

Often, employers who refuse an audit are attempting to avoid paying the
appropriate Workers' Compensation premium. Experience in states that
have a periodic audit statute in place (like Florida, California, North
Carolina and South Carolina) shows that appropriate premium from an
employer who refuses an audit may be in excess of established penalty
provisions for such refusals. This bill would make clear the penalties
for refusing to submit to the standard practice of audits of workers'
compensation insurance policies, and would restate that refusal to
permit an audit of payroll records and knowing misrepresentation or
concealment of the number and type of employees and actual work
performed could constitute criminal insurance fraud.

 
LEGISLATIVE HISTORY:

S.3512-A of 2015-16;
S.5376-B of 2013-14

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2020.

2017-S3964A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3964--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the workers' compensation law, in relation to providing
   incentives for productive workers' compensation audits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 112-a to read as follows:
   § 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN  ALL  CLASSES  OTHER
 THAN  THE  CONSTRUCTION  CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN
 BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE  FREQUENT  AUDITS
 OF  EMPLOYERS  IN  SPECIFIED  CLASSIFICATIONS  BASED  ON FACTORS SUCH AS
 AMOUNT OF PREMIUM, TYPE OF BUSINESS,  LOSS  RATIOS,  OR  OTHER  RELEVANT
 FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
 ING  MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE
 AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL  AUDITS  REQUIRED  FOR
 CONSTRUCTION  CLASSES  MAY  BE  A  PHYSICAL,  ONSITE  REVIEW OF ORIGINAL
 PAYROLL RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK  (DISBURSEMENTS
 AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
 LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF
 ALL  EMPLOYERS  SHALL  BE CONDUCTED NO MORE THAN ONE HUNDRED TWENTY DAYS
 AFTER THE EXPIRATION OF A POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT,
 IF REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE  CORPORATION
 MUST  PRINT  AND  SIGN  THEIR  NAMES ON THE AUDIT DOCUMENT AFFIRMING THE
 ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE
 HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS
 AND RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT  THE
 AUDITOR  TO  MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION.  IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04820-03-8

 S. 3964--A                          2
 
 AN EMPLOYER FAILS TO PROVIDE REASONABLE ACCESS TO  ALL  SUCH  BOOKS  AND
 RECORDS NECESSARY FOR A PAYROLL VERIFICATION AUDIT, INCLUDING A PHYSICAL
 INSPECTION  OF  THE  EMPLOYER'S  OPERATION,  THE  EMPLOYER  SHALL  PAY A
 SURCHARGE  TO  THE CARRIER OF TWO TIMES THE MOST RECENT ESTIMATED ANNUAL
 PREMIUM.
   (B) EMPLOYERS THAT FAIL TO PROVIDE REASONABLE ACCESS  TO  THE  CARRIER
 FOR THE PURPOSE OF CONDUCTING AN AUDIT SHALL BE REPORTED TO THE NEW YORK
 COMPENSATION INSURANCE RATING BOARD.
   (C)  IF  AN  EMPLOYER  KNOWINGLY  UNDERSTATES  OR  KNOWINGLY  CONCEALS
 PAYROLL, KNOWINGLY MISREPRESENTS OR KNOWINGLY CONCEALS  EMPLOYEE  DUTIES
 SO  AS TO AVOID PROPER CLASSIFICATION FOR PREMIUM CALCULATIONS, OR KNOW-
 INGLY MISREPRESENTS OR KNOWINGLY CONCEALS INFORMATION PERTINENT  TO  THE
 COMPUTATION AND APPLICATION OF AN EXPERIENCE RATING MODIFICATION FACTOR,
 SAID KNOWING MISREPRESENTATIONS OR KNOWING CONCEALMENTS SHALL BE CONSID-
 ERED  FRAUDULENT  PRACTICES  IN  VIOLATION  OF  APPLICABLE PROVISIONS OF
 SECTION ONE HUNDRED FOURTEEN OF THIS  ARTICLE  AND  INSURANCE  FRAUD  IN
 VIOLATION OF APPLICABLE PROVISIONS OF SECTION 176.05 OF THE PENAL LAW.
   (D)  IF DURING THE COURSE OF AN AUDIT CONDUCTED UNDER THIS SECTION, AN
 INSURANCE CARRIER OBTAINS INFORMATION  INDICATING  A  VIOLATION  OF  THE
 PROVISIONS  OF PARAGRAPH (C) OF THIS SUBDIVISION, THEN THE CARRIER SHALL
 REPORT SUCH INFORMATION TO THE BOARD.
   2. THIS SECTION SHALL NOT  APPLY  TO  EMPLOYERS  THAT  SELF-INSURE  OR
 EMPLOYERS THAT ARE MEMBERS OF A WORKERS' COMPENSATION GROUP SELF-INSURED
 TRUST.
   3.  FOR  THE  PURPOSES OF THIS SECTION, "CONSTRUCTION CLASS" MEANS THE
 WORK OR OCCUPATION DESCRIBED IN "GROUP 3" OF SUBDIVISION ONE OF  SECTION
 THREE OF THIS CHAPTER.
   § 2. This act shall take effect January 1, 2020.

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Senate Bill S3964A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 21, 2017 - Floor Vote

Floor Vote: Jun 21, 2017

Jun 5, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 5, 2017

May 22, 2018 - Labor Committee Vote

Labor Committee Vote: May 22, 2018

Bill Amendments

2017-S3964 - Details

2017-S3964 - Summary

2017-S3964 - Sponsor Memo

2017-S3964 - Bill Text download pdf

2017-S3964A (ACTIVE) - Details

2017-S3964A (ACTIVE) - Summary

2017-S3964A (ACTIVE) - Sponsor Memo

2017-S3964A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3964A

Share this bill

Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S3964 - Details

2017-S3964 - Summary

2017-S3964 - Sponsor Memo

2017-S3964 - Bill Text download pdf

2017-S3964A (ACTIVE) - Details

2017-S3964A (ACTIVE) - Summary

2017-S3964A (ACTIVE) - Sponsor Memo

2017-S3964A (ACTIVE) - Bill Text download pdf

Comments