2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-JJ - Assessment of Fund Members; Customer Surcharges; Audit Powers of the Fund, the Board and the Fund's Insurer.

§  160-jj.  Assessment  of  fund  members;  customer surcharges; audit
  powers of the fund, the board and the fund's insurer. 1. To pay (a)  the
  costs  of  the  insurance  purchased  pursuant  to  subdivision three of
  section one hundred sixty-ii of this article or  (b)  the  benefits  due
  under  the  workers' compensation law in the event the fund self-insures
  pursuant to subdivision two of section  one  hundred  sixty-ii  of  this
  article,  and  to  pay  (c)  its expenses in carrying out its powers and
  duties under this article and (d) its liabilities, if any,  pursuant  to
  section  fourteen-a  of  the  workers'  compensation law, the fund shall
  ascertain by reasonable estimate the total funding necessary to carry on
  its operations.
2. Based upon its  estimation  of  operating  costs,  the  fund  shall
  establish a proposed uniform percentage surcharge to be added to (a) the
  invoices  or  billings for covered services sent to the customers of the
  fund's members by a member or its agent and (b) the credit payments  for
  covered  services  received  by  a  member  or  its  agent. The proposed
  surcharge shall become effective thirty days after being filed with  the
  department. Notwithstanding the foregoing, beginning on the first day of
  the  first calendar month that shall commence at least seventy-five days
  after the effective date of this article, and until the fund shall  have
  filed  with the department a different surcharge amount, a three percent
  surcharge shall be  added  to  every  invoice  or  billing  for  covered
  services  sent by a member or its agent to, and every credit payment for
  covered services received by a member or its agent from,  the  customers
  of  the  fund's  members.  Each  member  of the fund shall be liable for
  payment to the fund of an  amount  equal  to  the  product  of  (i)  the
  percentages  surcharge  due  pursuant  to  this  article, divided by one
  hundred and (ii) all payments received by the member or  its  agent  for
  covered  services  from  the  member's  customers,  as  provided in this
  subdivision, regardless of whether the surcharge was billed or charged.
3. No local licensing authority or the  department  or  the  New  York
  state  department  of  motor vehicles shall issue, continue or renew any
  license or registration certificate, or permit for the operation of  any
  central  dispatch  facility  unless such central dispatch facility, as a
  condition of maintaining its license  and/or  registration  certificate,
  adds the surcharge required by this section to every invoice and billing
  for  covered  services  sent  to,  and  every credit payment for covered
  services received from, its customers and pays to the fund no later than
  the fifteenth day of each month the total  surcharges  due  pursuant  to
  this article.
4.  Each  central  dispatch facility shall submit to the fund with its
  monthly payment a  detailed  accounting  of  the  charge  and  surcharge
  amounts  charged  to  and  received  from customers for covered services
  during the previous month. The first such payment and  accounting  shall
  be due on the fifteenth day of the month following the imposition of the
  surcharge pursuant to subdivision two of this section.
5. Should the fund determine that the surcharge amounts that have been
  paid to it are inadequate to meet its obligations under this article, it
  shall determine the surcharge rate required to eliminate such deficiency
  and  shall  file  such  revised  surcharge  rate  with the department in
  accordance with subdivision two of this section. Commencing thirty  days
  after  such  filing,  the  members  of the fund shall charge the revised
  surcharge rate and shall pay to the fund the total amount of  surcharges
  in accordance with this article.
6.  The  fund  shall  have  the power directly or through its agent to
  conduct financial audits of its members to verify their compliance  with
  the  requirements  of  this  article.  The  fund  or  its agent shall be

  afforded convenient access at all reasonable hours to all books, records
  and other documents of its members that may be relevant to such audits.
7. For the purposes of conducting payroll audits, an insurer providing
  coverage  to  the fund pursuant to this article may treat the members of
  the fund as policyholders. Members of the fund shall be required  to  do
  all  things  required  of  employers  pursuant  to  section  one hundred
  thirty-one of the workers' compensation law, and shall  be  required  to
  provide  the  board  access  to  any  and all records and information as
  otherwise required by the workers' compensation law and the  regulations
  promulgated  thereunder, and shall be liable as provided in the workers'
  compensation law for any failure so to do.