N.Y. Ins. Law § 3443

§ 3443. Workers' compensation and employers' liability insurance;\noptional policyholder deductibles. An insurer issuing a workers'\ncompensation and employers' liability insurance policy, may offer, as\npart of the policy or by endorsement, deductibles optional to the\npolicyholder for benefits payable under the policy, subject to approval\nby the superintendent and subject to underwriting by the insurer,\nconsistent with the following standards or factors:\n (a) claimants' rights are properly protected and claimants' benefits\nare paid without regard to any such deductible;\n (b) appropriate premium reductions reflect the type and level of any\ndeductible approved by the superintendent and selected by the\npolicyholder;\n (c) premium reductions for deductibles are determined before\napplication of any experience modification, premium surcharge, or\npremium discount;\n (d) recognition is given to policyholder characteristics, including\nsize, financial capabilities, nature of activities, and number of\nemployees;\n (e) if the policyholder selects a deductible, the policyholder is\nliable to the insurer for the deductible amount in regard to benefits\npaid for compensable claims;\n (f) the insurer pays all of the deductible amount, applicable to a\ncompensable claim, to the person or provider entitled to benefits and\nthen seeks reimbursement from the policyholder for the applicable\ndeductible amount; and\n (g) failure to reimburse deductible amounts by the policyholder to the\ninsurer is treated under the policy in the same manner as nonpayment of\npremiums.\n