Workers’ Comp Board Enacts Regulations to Increase Deposition Fees Starting in 2027
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The New York State Workers’ Compensation Board (WCB) has adopted regulations effective January 1, 2027, that increase the fees when a physician participates in a deposition treating an injured worker covered by Workers’ Compensation.
When a deposition is required by a physician, the fee is $500 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof, if the fee is paid within 45 days of the deposition. If the fee is paid 46 or more days after the deposition, the fee is $700 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof. Submission of a bill, including the CMS-1500, is not necessary, nor is a WCB decision required to direct deposition payment.
If a deposition fee has not been paid within 45 days of the deposition, a health care provider may file a Request for Decision on Unpaid Medical Bill(s) (Form HP-1.0) just as they would for an unpaid medical bill. When submitting the HP-1.0 form for payment of a deposition fee, health care providers must attach a Deposition Testimony Affirmation (available 1/1/27) as a PDF.
The WCB notes that the affirmation must be attached in place of the required medical bill/CMS-1500 when requesting payment of a deposition fee. When prompted to attach the required medical bill in the submission of Form HP-1.0, please submit the Deposition Testimony Affirmation. Please do not submit the Deposition Testimony Affirmation to the Workers’ Compensation Board separately, as it must be attached with the online submission of Form HP-1.0.
The Form HP-1.0 must be submitted within the same 165-day timeframe as a request involving any other billing dispute. This means that the Form HP-1.0 and accompanying Deposition Testimony Affirmation must be submitted no earlier than 45 days and no later than 165 days from the date of the deposition.
This is another step from the WCB in an effort to increase participation of physicians in the Workers’ Compensation program through increased payments for care rendered and reduced administrative hassles.
