The Ongoing Saga of Self-Insured Status in Higher Education:   Since When Did You Open a Campus in N The Ongoing Saga of Self-Insured Status in Higher Education:   Since When Did You Open a Campus in N

The Ongoing Saga of Self-Insured Status in Higher Education: Since When Did You Open a Campus in New York?

This may be "old news" to you, and if so, my apologies in advance for the interruption. Recently some Indiana higher education entities have been contacted by the state of New York in connection with certification of worker's compensation coverage. The oddity here is that these Indiana public institutions do not have employees in New York. But they do have online classes with New York students, and New York reasons that this alone converts Indiana educators into employees for purposes of worker's compensation coverage in New York. 
 
Okay, but Indiana's state institutions and municipalities are statutorily exempt from the employer requirement of obtaining worker's compensation insurance and proof of that insurance. Accordingly, public universities as state institutions in Indiana are exempt and enjoy self-insured status. 
 
Except New York, and perhaps other states, don't see it that way. Because university employees in Indiana may "teach" remotely, i.e., online classes with students in New York, the university is an employer in New York. This means registering as an out-of-state employer and providing proof of insurance. We all think we know that one cannot produce what one does not have (e.g., proof of insurance), but New York is not willing to take "no" for an answer. Also, at this time, there is no certificate of self-insured status per the Indiana Worker's Compensation Board. 
 
If you are dizzy by now, we understand. Who would have thought that online education produces virtual teachers and all that may mean in other states? Stay tuned for more, and if you have any questions, please do not hesitate to contact Ann Stewart (317-236-2180) or Mark Ford (317-236-2366).

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances. 
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