N.Y. Comp. Codes R. & Regs. tit. 12, § 327.3
(b) Upon receipt of a timely written notification of the carrier's explanation for nonpayment in accordance with subdivision (a) of this section, the hospital may request arbitration by notifying the chair in accordance with the following:
(2) if the carrier has raised legal issues, the request for arbitration shall be submitted subsequent to the hospital's receipt of the carrier's written explanation for nonpayment but in any event no earlier than 30 days after the date of notice of a final decision by the Workers' Compensation Law judge or the board in favor of the hospital with respect to issues requiring adjudication, and no later than the later of 120 days after either the date of filing of such decision or the date of receipt of the carrier's explanation for nonpayment.
If the hospital wishes to arbitrate, it shall complete and sign the request form for arbitration and forward it to the address specified on such form. The hospital's failure to make a timely request for arbitration shall be deemed a waiver of the right to arbitration; provided, however, that upon application of the hospital, the chair may for good cause excuse the hospital for the delay in filing the request for arbitration and schedule the disputed bill for arbitration.
(a)