Alaska VIEW STATE →

REGULATORY ACTIVITY:

• The following regulations have an effective date of July 27, 2017 and will appear in official published form in the October 2017 supplement to the Alaska Administrative Code:   Regulations relating to second independent medical evaluation procedures and the definition of previously rehabilitated, Effective July 27, 2017 .
• The Alaska Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board propose to change regulations relating to fees for medical treatment and services. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK  99811-5512.  Additionally, the Department of Labor and Workforce Development, Division of Workers’ Compensation will accept comments by facsimile at (907) 465-2797 and by electronic mail at Marie.Marx@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00 p.m. on September 25, 2017.

Arizona VIEW STATE →

REGULATORY ACTIVITY:

• Under Section 5 of Senate Bill 1332 of the Fifty-third Legislature, First Regular Session, the Industrial Commission of Arizona was directed to “review   and determine a process for streamlining the authorization process for treatment that is within the evidence-based treatment guidelines” on or before December 31, 2017.  Please be advised that the Commission will hold a public hearing to receive input or information concerning this issue on August 17, 2017, at 1:00 p.m., in the Commission's first floor auditorium located at 800 West Washington Street, Phoenix, Arizona.  This hearing will be held as part of the Commission’s scheduled meeting for that day. The record is considered open, and written and oral comments will be accepted until the close of the hearing on August 17, 2017.  Later, the Commissioners will discuss and act on the issue.  Written comments may be submitted prior to the hearing c/o Kara Dimas, Executive Secretary, Office of the Commission Director, P.O. Box 19070, Phoenix, Arizona 85005-9070.

Arizona Auto VIEW STATE →

REGULATORY ACTIVITY:

• The Department of Insurance issued Regulatory Bulletin 2017-02 regarding Changes to Insurance Laws.

Arkansas Auto VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 223
  The enacted legislation amends the states of limitation for fraudulent insurance acts. It establishes a 5-year statute of limitations on any alleged violation involving a motor vehicle purposely used to cause a motor vehicle accident for the purpose of fining an insurance claim. The five-year period is extended 3 years if it is not reasonably possible to discover the alleged fraud at the time of the violation. Effective Date June 6,
• Senate Bill 247
  The enacted legislation makes changes to the insurance statutes on Arkansas. Multiple lines of insurance are impacted including repeal of the compilation of comparison data for private passenger automobile insurance and clarifying procedure for mandatory reporting of fraud.  July 3, 2017.
• Senate Bill 365
  The enacted legislation redefines the definition of autocycle. The enacted definition clearly defines autocycle different from motorcycle. It also sets forth insurance requirements. Effective Date June 6, 2017.

California VIEW STATE →

FEE SCHEDULE NEWS:

• Medi-Cal rates have been released with an effective date of August 15, 2017. The next update is scheduled for September 15, 2017.

REGULATORY ACTIVITY:

• The Department of Industrial Relations’ (DIR) Division of Workers’ Compensation (DWC) has scheduled lien consolidation proceedings in August for suspended providers Michael D. Drobot, Michael R. Drobot and Philip A. Sobol.  Combined, the three have approximately 13,000 liens, which have been consolidated pursuant to the Chief Judge’s order, in the workers’ compensation system pending further determination.
  • Michael D. Drobot, former CEO and owner of Pacific Hospital of Long Beach, pled guilty for his role in a scheme to illegally refer patients for spinal surgeries. DWC suspended him from participating in the California Workers’ Compensation system on April 28.
  • Michael R. Drobot operated California Pharmacy Management and Industrial Pharmacy Management, companies that also participated in the kickback scheme. The son of Michael D. Drobot, he pled guilty in U.S. District Court last year to conspiracy and illegal kickback charges and was suspended on May 15.
  • Philip Sobol, an orthopedic surgeon in Los Angeles, was suspended in May based on a criminal conviction involving fraud and abuse of the workers’ compensation system.  Sobol pled guilty for participating in the kickback scheme at Pacific Hospital of Long Beach, illegally referring thousands of his patients for spinal surgeries.   Where suspension is due to conviction of a covered crime, AB 1244 provides there is a presumption that all of the provider’s liens to be adjudicated in the special lien proceeding arise from the conduct subjecting the provider to suspension, and that payment is not due and should not be made on those liens. Lien claimants shall not have the right to payment unless they rebut that presumption by a preponderance of the evidence. DIR has posted information on its fraud prevention efforts online, including a new web page with information on lien consolidations and the Special Adjudication Unit overseeing the proceedings. The page includes a calendar with pending proceedings for suspended physicians, practitioners or providers.
• The Department of Industrial Relations’ Division of Workers’ Compensation (DWC) has issued a notice of public hearing on September 6, 2017 for proposed evidence-based updates to the Medical Treatment Utilization Schedule (MTUS) regulations by Administrative Director order pursuant to Labor Code section 5307.27(a). These proposed evidence-based updates to the MTUS incorporate by reference the American College of Occupational and Environmental Medicine’s (ACOEM’s) most recent treatment guidelines to the General Approaches, Clinical Topics, and Special Topics sections of the MTUS. As a direct result of these evidence-based updates, a website address is added to obtain the updated ACOEM treatment guidelines and introductions for the General Approaches, Clinical Topics, and Special Topics sections were also revised to match the updated guidelines contents.  The public hearing is scheduled for September 6, 2017 at 10:00 a.m. in the auditorium of the Elihu Harris Building, 1515 Clay Street, Oakland, California. Members of the public may review and comment on the proposed evidence-based updates to the MTUS until 5 p.m. on September 6, 2017. These proposed evidence-based updates to the MTUS regulations are exempt from Labor Code sections 5307.3 and 5307.4 and the rulemaking provisions of the Administrative Procedure Act. However, DWC is required to have a 30-day public comment period, hold a public hearing, respond to all the comments received during the public comment period, and publish the order online.
• The Division of Workers’ Compensation (DWC) tomorrow will dismiss more than 292,000 unresolved liens by operation of law. The liens belong to claimants who did not properly file the required Supplemental Lien form and 4903.05(c) Declaration form.   Senate Bill 1160, which became effective January 1, required all lien claimants who filed a lien between January 1, 2013 and December 31, 2016, and paid a filing fee, to file the forms by July 1. Lien claimants who failed to file the forms as required will have their liens dismissed. Labor Code section 4903.05(c) was amended as part of the bill’s reform measures to combat fraud in the workers' compensation system. To comply with SB 1160’s requirements, DWC made available an e-form declaration and the Workers’ Compensation Appeals Board promulgated regulations requiring the use of this form.  Lien claimants should be aware that DWC will not send notification to claimants whose liens have been dismissed. DWC has posted frequently asked questions on the supplemental lien form online.
• Governor Jerry Brown has designated Katherine Zalewski as the Chair on the California Workers’ Compensation Appeals Board. Zalewski served on the board since her appointment by Governor Brown on April 30, 2014. Prior to her appointment, she joined the Department of Industrial Relations (DIR) as a workers’ compensation administrative law judge and advisor to the Division of Workers’ Compensation from 2009 to 2011, and served as DIR chief counsel from 2012 to 2014. Prior to state service, she was senior associate at Schmit Law Office from 2000 to 2009, manager and attorney at Pacific Coast Services from 1998 to 2000, and worked at Express Network and Direct Legal Support Services from 1993 to 1998. Zalewski earned a Juris Doctor degree from the University of California Hastings College of the Law.
• The Division of Workers’ Compensation (DWC) has posted a searchable database of liens dismissed by operation of law per Labor Code §4903.05(c)(2).  As detailed in Newsline 2017-75, which announced the dismissal of 292,000 unresolved liens, Senate Bill 1160 amended Labor Code section 4903.05(c) to require lien claimants to file a declaration verifying the legitimacy of liens for medical treatment or medical-legal expenses. Claimants who had filed liens between January 1, 2013 and December 31, 2016, were required to file the declarations by July 1, 2017, to avoid having those liens dismissed.  To access the searchable data base go to: http://www.dir.ca.gov/DWC/DismissedLiens.asp

Colorado Auto VIEW STATE →

REGULATORY ACTIVITY:

• The department of Insurance has posted notice of proposed amendments to rule 3CCR 702-1 Administrative Procedures to become effective November 1, 2017.  The rules apply to all property casualty insurances licensed in Colorado.

Connecticut VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 7132
  The enacted legislation provides specific requirements regarding how and where an employee notifies their employer that a claim for workers’ compensation has been filed. The legislation also provides specific requirements of the employer to notify the employee of the employer’s notification requirements. The legislation also sets time frames for notification by the employee to the employer. Effective Date October 1, 2017.

Connecticut Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin PC-86. Public Act No.   I 7-1 I 4 (the “Act") increases the minimum amount of automobile insurance a person must maintain to register a private passenger motor vehicle.  State law requires that a driver maintain liability and uninsured and underinsured motorist (UM/UIM) coverage. Prior law required minimum liability coverage of$20,000 per person and $40,000 per accident for bodily   injury and $10,000 per accident for property damage.  The Act increases these minimums to $25,000, $50,000, and $25,000, respectively. In doing so, it also increases the minimum amount of UM/UIM coverage required from $20,000 per person and $40,000 per accident to $25,000 and $50,000, respectively.  For companies writing single limit policies, the minimum single financial responsibility limit would be $75,000 and $50,000 for minimum UM/UIM single limit policies.   The effective date of the Act is January 1, 2018, and applicable to automobile liability insurance policies delivered, issued for delivery, renewed, amended or endorsed in Connecticut on or after January 1, 2018.

Delaware Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted final order 603 Delaware Motorist Protection Act.  Title 18 of the Delaware Administrative Code governs Insurance matters. House Bill 114, "An Act to Amend Title 21 of the Delaware Code Relating to Bodily Injury and Property Damage Coverage on Motor Vehicles," was signed into law by the Governor on June 13, 2017 and becomes effective on December 13, 2017 (six months after the date of enactment). The Act amends 21 C. §2902 to raise the minimum bodily injury and property damage limits in all automobile insurance policies newly written or renewed after the effective date of the Act.
• The Delaware General Assembly recently passed two bills that will have an impact on upcoming auto insurers' rate filings, each of which has a different effective date.  The Commissioner does not have the discretion to waive or otherwise modify the effective dates of any legislation.   The Department of Insurance has issued bulletin 26 in connection with the legislation.
• Released bulletin 27.  The purposes of Auto Bulletin 27 are to inform insurers writing automobile insurance coverage in Delaware that, on August 1, 2017, the Governor signed HS  1 for HB  80 (the Act); and to withdraw Auto Bulletin No. 23, for the reasons discussed in the bulletin.
• Issued a special notice with Bulletin 25 regarding the passage of HB 114-Raising Minimum Bodily Injury and Property Damage Limits.

LEGISLATIVE ACTIONS:

• House Bill 114
  The purpose of this amendment is to better protect the motorists of the State of Delaware by raising the minimum automobile bodily injury and property damage limits to reflect the current economic conditions. The minimum automobile liability limits have not been raised in the State of Delaware since July 19, 1983. Most motor vehicle policies sold in Delaware provide $10,000 for property damage coverage. Bodily injury insurance proceeds are frequently used to cover the cost of not only pain and suffering, but an injured person’s medical expenses and lost wages, which have increased since 1983. For example, $15,000 in 1983 is equivalent to $35,960.54 in 2016, based on the federal Consumer Price Index – Urban statistics for 1983 and 2016. In addition, $30,000 in 1983 is equivalent to $71,921.08 in 2016. Effective Date December 13, 2017.

Florida WC VIEW STATE →

REGULATORY ACTIVITY:

• Published bulletin DWC-02-2017 an order setting the Order Setting Assessment Rate for the Workers’ Compensation Administration Trust Fund for Calendar Year 2018.
• The division is holding a rule workshop to discuss changes to the reimbursement manuals.  The purpose of the changes being made to Rules 69L-7.020, 69L-7.100, and 69L-7.501, F.A.C., is to incorporate the 2017 versions of the Florida Workers’ Compensation Health Care Provider Reimbursement Manual, the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), and the Florida Workers’ Compensation Reimbursement Manual for Hospitals. The manuals contain the updated lists of Maximum Reimbursement Allowances for various medical services, as approved by the Three-Member Panel on April 19, 2017, pursuant to section 440.13(12) (a), Florida Statutes.  9:00 AM - 10:30 AM, 69L-7.501, Florida Workers’ Compensation Reimbursement Manual for Hospitals, 2017 Edition; 10:30 AM - 12:00 PM, 69L-7.100, Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers, 2017 Edition; and 1:00 PM - 2:30 PM, 69L-7.020, Florida Workers’ Compensation Health Care Provider Reimbursement Manual, 2017 Edition.
• Posted notice to amend Rule 69A-64.005.  The purpose of the amendment is to adjust the firefighter death benefits provided in section 112.191, F.S., for the 2017-2018 year based on the Consumer Price Index (CPI) for All Urban Consumers published by the United States Department of Labor.  If requested in writing and not deemed unnecessary by the agency head, a rule development workshop will be held at the date, time and place: Date and time: September 15, 2017, 9:30 a.m.; Place: Division of State Fire Marshal, 3rd Floor Conference Room, The Atrium Building, 325 John Knox Road, Tallahassee, FL.
• Has proposed to amend rule 69L-8.071 regarding materials for use with the Florida Workers' Compensation Health Care Provider Reimbursement Manual.  The proposed rules incorporate updated versions of currently adopted resource materials utilized in the determination and reimbursement of the costs of medical care provided to Florida’s injured employees. Is holding a rule workshop regarding Rule 69L-8.071 Materials for with the Florida Workers' Compensation Health Care Provider Reimbursement Manual 69L-8.074 Materials for Use Throughout Rule Chapter 69L-7 F.A.C. on October 4, 2017 at 1:00 p.m. EST in Room 102 of the Hartman Building located at 2012 Capital Circle SE, Tallahassee, Florida.   The proposed rules update resource materials utilized in the determination and efficient delivery of appropriate medical care to injured employees and the provision of timely reimbursement to health care providers under Florida’s workers’ compensation system.

Georgia Auto VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 92
  The enacted legislation amends Code Section 33-24-45 of the Official Code of Georgia Annotated, relating to cancellation or non-renewal of automobile or motorcycle policies, so as to expand the definition of policy to include policies issued by the same insurer; to provide for related matters; to repeal conflicting laws; and for other purposes. Effective Date July 1, 2017.

Hawaii No-Fault VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 235
  The purpose of the enacted legislation is to specify that the authorized benefit for acupuncture treatments allowed under personal injury protection benefits provided through motor vehicle insurance shall be tied to the charges, and any subsequent increases in charges, permissible under the workers’ compensation supplemental medical fee schedule. July 1, 2017.

Idaho VIEW STATE →

REGULATORY ACTIVITY:

• The Industrial Commission's Annual Workers' Compensation Seminar is being held on Thursday, October 26th at the Boise Centre. Employers, attorneys, insurance professionals, rehabilitation counselors, medical providers and anyone interested in the Idaho workers’ compensation system will find valuable information at the Annual Idaho Industrial Commission Seminar on Workers’ Compensation. The conference features workers’ compensation experts from across the industry discussing a variety of timely topics of interest to anyone working in Idaho’s workers’ compensation system.  To register go to: https://iic.idaho.gov/seminar/register.html.

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• Issued a revision regarding trauma center designations by region.  The revision is effective August 22, 2017.

Indiana Auto VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 1033
  Motor vehicle insurance policy requirements. Changes the application of SEA 40-2016 from July 1, 2017, to July 1, 2018. Requires that a motor vehicle insurance policy issued or renewed after June 30, 2017, to establish financial responsibility must provide property damage coverage of $25,000 rather than $10,000. Effective Date July 1, 2017.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• Medical mileage will be decreasing to $.535 effective July 1, 2017.

Iowa Auto VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate File 448
  This enacted legislation permits an insurer to apply for and be issued a salvage certificate of title for a motor vehicle without surrendering a properly assigned certificate of title or manufacturer’s or importer’s statement of origin if ownership of the vehicle was transferred to the insurer pursuant to a settlement with the previous owner arising from circumstances involving damage to the vehicle and at least 30 days have expired since the effective date of the settlement. The Act requires the insurer to submit an application, an affidavit, an application fee, and proof of payment pursuant to the settlement. Failure of a previous owner or lien holder to provide a properly assigned certificate of title or statement of origin shall be deemed to be a waiver by the previous owner or lien holder of all rights, title, claim, and interest in the vehicle. The Act exempts insurers using this process from prohibitions under current law against acquiring a vehicle without obtaining the vehicle’s certificate of title or statement of origin. Effective Date July 1, 2017.

Kentucky VIEW STATE →

REGULATORY ACTIVITY:

• The DWC is receiving motions in paper form for approval of attorney fees filed more than 30 days after the finality of the decision and after the claim has been closed in LMS.   The DWC will no longer accept such paper motions after August 18, 2017.  Pursuant to 803 KAR 25:010 Section 6 (7) and (8), a motion for allowance of an attorney fee shall be filed within 30 days following the finality of the award, settlement or agreed resolution.  All such motions are now required to be filed electronically.  Once a claim is closed in LMS documents can no longer be filed in it.  A claim cannot be reopened under KRS 342.125 for consideration of a motion for approval of an attorney fee and there is no other process by which an untimely motion can be filed or considered.
• Published Kentucky's 2018 Benefit Schedule which becomes effective January 1, 2018.  The Education and Workforce Development Cabinet, Office of Employment and Training, has certified that the average weekly wage for Kentucky for Calendar year 2016 was $848.41.  Based upon that information and in accordance with KRS 342.143, the following determinations are made:
  • The  increase  in  maximum  income  benefits  under  all  provisions  of  the Workers' Compensation  Act for the year 2016 over the year 2015 did amount to  $2.00  or  more;  therefore,  the  maximum  weekly  indemnity  benefits  for calendar year 2018 shall  be $41.   
  • There was an increase of $1.00 or more in minimum income benefits; therefore, the minimum weekly indemnity benefits under all provisions of the Act shall be $169.67 for calendar year 2018.

Louisiana VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 35
  The enacted legislation provides to the offset of disability retirement benefits of members of the firefighters’ retirement system based on receipt of workers’ compensation benefits. Effective Date August 15, 2017.

Louisiana Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted a rule in the August Register. The Department of Insurance, pursuant to the authority of the Louisiana Insurance Code, R.S.  22:1 et seq., and in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., published a Notice of Intent in the April 20, 2017 edition of the Louisiana Register (LR  43:828-832) to adopt Regulation 108—Investigation of Discrimination Complaints.  The purpose of Regulation 108 is to establish procedures for receiving and investigating discrimination complaints, pursuant to subpart C of chapter 1 of title 22 of the Revised Statutes (R.S.  22:31 et seq., “equal opportunity in insurance”).  The department accepted public comments from April 20, 2017 through May 22, 2017.  As  a  result  of  the  comments received,  the  department  now  proposes  substantive  changes to  the  provisions  in  §§15105,  15107,  15109,  15111,  15113, and 15117 of the proposed Rule.

Maryland VIEW STATE →

REGULATORY ACTIVITY:

• Revised Form – Request for Action on Filed Issues (H-25R 08/2017) - This form is revised and available as a fill able PDF form on our Forms and Instructions page.  It is revised to clarify required actions and items for "Set-With" and includes the option for “Healthcare Provider” as a filing Party.  ALL claims to be included in the “Set-With” must be listed in the space provided on the form and, EACH of those claims MUST have Pending Issues AND a SEPARATE“Set-With” form (H25R) filed in EACH  If the “Set-With” does not meet these requirements, a notice will be sent advising that the request is not granted because it is incomplete and not in compliance with COMAR §14.09.03.15(A)(3).  No action will be taken on the request. We do not accept form filing via email/attachment or FAX.  Please begin using the new form immediately.

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Physician – CMS has posted new updates to the National Physician Fee Schedule Relative Value File effective October 1, 2017. The next expected update is January  1, 2018.
• HCPCS – Several codes have been updated as of October 1, 2017.  The next expected update is in January 2018.
• Inpatient Hospital – CMS has released the new inpatient fee schedule for FY 2018 with an effective date of October 1, 2017. The next expected update is October 1, 2018.
• Inpatient Rehab Hospital – CMS has released the new FY 2018 inpatient rehab fee schedule with an effective date of October 1, 2017. The next expected update is October 1, 2018.
• Skilled Nursing Facility – CMS has released the new FY 2018 skilled nursing facility fee schedule with an effective date of October 1, 2017. The next expected update is October 1, 2018.
• CCI and MUE Edits – CMS has released the October 1, 2017 changes for the MUE and CCI edits. The next expected update is for January 1, 2018.

Michigan Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted in the state register notice of amendments to rules regarding certificates of no-fault self-insurance.
• Issued Bulletin 2017-12 INS regarding Annual Adjustment of the Maximum Work Loss Benefit and Survivors' Loss Benefits Payable under Policies of Personal Protection.  This bulletin supersedes bulletin 2016-19-INC.  The bulletin becomes effective October 1, 2017.  Accordingly, the new work loss and survivors’ loss benefit payable, effective October 1, 2017 through September 30, 2018, shall not exceed $5,541 per single 30-day period. This maximum shall apply pro rata to any lesser period of work loss.

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice regarding a change to rules Part 5219.0500 and 5221.4020.  The rules provide the annual adjustments to the maximum workers’ compensation independent medical examination fees as provided in Minn. R. 5219.0500 and the Workers’ Compensation conversion factors for the Workers’ Compensation Fee Schedule as required by Minnesota Statutes § 176.136, subd. 1a (c) and (d). The independent medical examination (IME) fees and conversion factors are adjusted by the percent change in the Producer Price Index for Offices of Physicians for 2016, which was 0.2 percent.  Under the exempt rule process in Minn. Stat. § 14.386 (b), no Request for Comment or Notice of Intent to Adopt Rules was published. However, notice of the adjustments will be published in the August 2017 edition of COMPACT, the Department of Labor and Industry’s quarterly Workers’ Compensation newsletter.
• The Minnesota Department of Labor and Industry (DLI) has updated the draft of proposed rule amendments to Minnesota Rules 5220.1900. A link to the updated draft has been posted on the rulemaking docket, which can be accessed at dli.mn.gov/PDF/docket/5220docket.PDF. DLI plans to publish and send out an official Notice of Intent to Adopt Rules and/or Notice of Hearing on the proposed rules by the end of 2017. DLI is currently finalizing the Statement of Need and Reasonableness (SONAR) for the proposed rules. The SONAR must include information about the probable costs of the rules and other issues to the extent ascertainable. If you would like to provide information about any of the issues described below, contact Matt Jobe at dli.rules@state.mn.us or (651) 284-5006 by Oct. 6, 2017.

Mississippi VIEW STATE →

REGULATORY ACTIVITY:

• Published notice of hearing schedule for September and October 2017.  Please be advised that the Mississippi Workers’ Compensation Commission will not be processing walk-in settlement approvals on the following days:  Wednesday, September 27, 2017 and Wednesday, October 25, 2017.

Mississippi Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin 2017-9 Mississippi Vehicle Insurance Verification System.

Missouri VIEW STATE →

REGULATORY ACTIVITY:

• Announced docketing changes on July 31, 2017.  The Hannibal Docket is being transferred to the Louis Adjudication Office. The contact persons for the Hannibal Docket are Dineika Jefferson (314-340-7965) and TaQuerria Cawa (314-340-7909). The docket will still be held in Hannibal. All correspondence regarding the Hannibal Docket should be sent to the St. Louis Adjudication Office, 250 Wainwright Building, 111 N. 7^th Street, St. Louis, MO 63101.The Lebanon Docket is being transferred to the Jefferson City Adjudication Office. The contact person for the Lebanon Docket is Doris Brondel (573-751-4231). The docket will still be held in Lebanon. All correspondence regarding the Lebanon Docket should be sent to the Jefferson City Adjudication Office, P.O. Box 58, Jefferson City, MO 65109.The Rolla Docket and the West Plains Docket are being transferred to the Cape Girardeau Adjudication Office. The contact person for the Rolla Docket and for the West Plains Docket is Alice Schweer (573-290-5759). The Rolla Docket will still be held in Rolla. The West Plains Docket will be held in Willow Springs until further notice. All correspondence regarding the Rolla Docket or the West Plains Docket should be sent to the Cape Girardeau Adjudication Office, 3102 Blattner Dr., Suite 101, Cape Girardeau, MO 65703.The Marshall Docket and the Sedalia Docket are being transferred to the Kansas City Adjudication Office. The contact person for the Marshall Docket and for the Sedalia Docket is Lisa Willard (816-889-6232). The Marshall Docket will be held in Sedalia. The Sedalia Docket will still be held in Sedalia. All correspondence regarding the Marshall Docket or the Sedalia Docket should be sent to the Kansas City Adjudication Office, 1410 Genessee St., #210, Kansas City, MO 64102.

Missouri Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin 17-08. The following Bulletin is issued by the Missouri Department of Insurance, Financial Institutions and Professional Registration (“Department”) to inform and educate the reader on the specified issue.  It does not have the force and effect of law, is not an evaluation of any specific facts or circumstances, and is not binding on the Department or an insurer.  See §374.015, RSMo.

Montana VIEW STATE →

REGULATORY ACTIVITY:

• The Department issued administrative rules and proposed updates for Lower Extremities chapter and General Guideline Principals for all chapters.  The proposed effective date is 01/01/2018.  The Department is holding a public meeting on October 2, 2017 at 9:00 A. M. at Sanders Auditorium - 111 North Sanders Street, Helena in the matter of the amendment of ARM 24.29.1591 related to utilization and treatment guidelines for workers' compensation injuries.  To review the guidelines for the meeting go to http://erd.dli.mt.gov/work-comp-claims/medical-regulations/utilization-and-treatment-guidelines.

Nevada VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice to amend rule 616C.502 a regulation relating to industrial insurance; revising the present value table used to calculate lump sum permanent partial disability awards, pursuant to NRS  616C.495(5), as amended in AB 458, Section 9, 2017 Legislative Session. 
• Published notice to amend rule NAC 616C.495 relating to industrial insurance; revising the actuarial annuity tables used to calculate lump sum payments for awards for permanent partial disability; and providing other matters properly relating thereto. Existing regulations set forth the factors which must be applied whenever present value is computed to make a lump sum payment for an award for a permanent partial disability. (NAC 616C.502) Existing law requires the Division of Industrial Relations of the Department of Business and Industry to adjust annually the actuarial annuity tables which contain those factors. (NRS 616C.495, as amended by section 9 of Assembly Bill No. 458, chapter 216, Statutes of Nevada, at page 1167) This regulation adjusts the actuarial annuity tables for the calculation of such lump sum payments in accordance with the requirements of NRS 616C.495.

Nevada Auto VIEW STATE →

REGULATORY ACTIVITY:

• Proposed a rule relating to insurance; revising provisions establishing minimum standards for claims settlement practices for the settlement of claims for automobile total loss; eliminating certain obsolete language; and providing other matters properly relating thereto.

New York No-Fault VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 1859
  The enacted legislation exempts auto insurance claims solely involving window glass from the requirement of the insurer to include on the repair estimate the following wording: "PURSUANT TO SECTION 2610 OF THE INSURANCE LAW, AN INSURANCE COMPANY CANNOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE”.  Effective Date June 21, 2017.

New Jersey WC VIEW STATE →

REGULATORY ACTIVITY:

• In accordance with the Order entered by the Hon. Douglas H. Hurd, P.J.C.V., on August 8, 2017, and as per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development – Division of Workers’ Compensation shall utilize certified court reporter services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters. In accordance with that contact and its method of operation, effective August 9, 2017, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation for the period of August 9, 2017 through August 18, 2017. J.H. Buehrer & Associates shall provide certified court reporters for the Central region of the State.  This consists of the workers’ compensation courts in New Brunswick, Lebanon, Freehold, Trenton and Toms River. Jersey Shore Reporting, L.L.C., shall provide certified court reporters for the workers’ compensation courts in portions of the Northern region and the entire Southern region as follows:  Paterson, Hackensack, Jersey City, Plainfield, Mt. Holly, Camden, Atlantic City and Bridgeton. William C. O’Brien & Associates, Inc., shall provide certified court reporters for the courts in the remainder of the Northern region as follows: Mt. Arlington and Newark.
• Proposed amendments to rule 49 N.J.R. 2726(a) regarding PBMs. N.J.S.A. 17B:27F-1 et seq., effective April 10, 2016, set forth various requirements for contracts between a pharmacy benefits manager (PBM) and a contracted pharmacy. A PBM acts on behalf of an insurer to reimburse contracted pharmacies for the costs of drugs covered under an insurance or health benefits contract. Given the volatility in the costs for generic drugs, PBMs may be reimbursing pharmacies using out-of-date sources that do not reflect the actual available costs of such drugs at the time reimbursement is made. The statute seeks to address this issue by establishing various requirements for contracts between a PBM and a contracted pharmacy, including: the provision of the sources utilized to determine multiple source generic drug pricing, including, if applicable, the maximum allowable costs or any successive pricing formula utilized by the PBM; the updating of that pricing information every seven days; and establishing a reasonable process by which contracted pharmacies have a method to access relevant maximum allowable cost pricing lists and any successive pricing formulas in a timely manner. The statute also sets forth requirements for placing prescription drugs on multiple source generic lists, and requires that contracts between a PBM and a contracted pharmacy include a process to appeal, investigate, and resolve disputes. The statute also directs the Commissioner of Banking and Insurance (Commissioner) to adopt rules to effectuate the purposes of the statute, including any penalty provisions the Commissioner deems necessary. The Department of Banking and Insurance (Department) is proposing these new rules to implement the statute.

New Mexico VIEW STATE →

REGULATORY ACTIVITY:

• Albuquerque, N.M. August 7, 2017 –  New Mexico Workers’ Compensation Administration (WCA) Director Darin A. Childers announced the appointment of Tony Couture to serve as a workers’ compensation judge for the WCA. He will assume his new position on August 28, 2017, replacing Judge David Skinner. Open cases previously assigned to Judge Skinner will be reassigned to Judge Couture.  Couture was hired as a WCA mediator in January of this year, after spending 10 years in private law practice. His workers’ compensation experience includes representing both employers/insurers and injured workers. Couture earned his law degree in 2007 from the University Of New Mexico School Of Law. Prior to his legal career, he worked as a registered nurse, in both emergency room and in-patient settings, and as a computer scientist.
• The Advisory Council on Workers' Compensation and Occupational Disease Disablement will meet Thursday, Aug. 24, 2017 at 10 a.m at WCA Albuquerque 2410 Centre Ave. SE.  The council will consider the following agenda items:
  • Introductions
  • Approval of Agenda
  • Review/approve minutes of February 9, 2017, meeting
  • Director’s Report
  • 2017 Legislative Activity wrap-up;  2018 preview
  • Presentation on WCA’s Return-to-work pilot program-Jessica Sanchez
  • Break
  • Public Comment
  • Advisory Council Action Items / Administrative and Scheduling
  • Adjournment.
• In order to best serve our southeastern New Mexico customers, the WCA will move its Lovington field office to the James M. Murray State Building in Hobbs, N.M. at the end of August. To facilitate the move, the WCA's Lovington office will close on Wednesday, Aug. 30, 2017, and will reopen at the Murray building in Hobbs on Tuesday, Sept. 5 following the Labor Day holiday. The new Hobbs address and toll-free telephone number will be:James M. Murray State Building
  2120 North Alto - Unit 3
  Hobbs, NM 88240
  800-934-2450

New York VIEW STATE →

REGULATORY ACTIVITY:

• Published two new bulletins. Bulletins subject number 150-18.1 Change in Reimbursement to Injured workers for travel by Automobile and 046-976 Attorney/Licensed Representative Withdrawal.
• Posted notice of adoption of two rules one regarding Attorney Fees and Withdrawal of Representation and one regarding Workers' Compensation Benefits for Transportation Network Company Drivers.  Both rules are effective August 30, 2017.  The notice of adoption was published in the New York Register on August 30, 2017.

North Carolina VIEW STATE →

REGULATORY ACTIVITY:

• The North Carolina Workers’ Compensation Opioid Task Force met at 9:00 a.m. on Friday, August 11, 2017. The meeting took place at the Dobbs Building, located at 430 North Salisbury Street, Raleigh, NC 27603.
• The Commission met at 2:30 P.M. on Wednesday, August 16, 2017, in Room 6037 of the Dobbs Building, located at 430 North Salisbury Street, Raleigh, NC 27603.  The meeting was held at 2:30 P.M. on Wednesday, August 16, 2017, in the Industrial Commission’s Law Library, Room 6037, on the sixth floor of the Dobbs Building, 430 North Salisbury Street, Raleigh, North Carolina, 27603. This meeting was held pursuant to Chapter 143 of the North Carolina General Statutes. Accordingly, there was no opportunity for public comment.
• The Mediation Section of the Industrial Commission posted an exceptional 2016-2017 fiscal year. With the most cases ever referred to mediation in a fiscal year, nearly 10,000, the section recorded its highest settlement rate ever for cases settled at mediation conferences -- 73.81%. The Mediation Section is responsible for effectively, fairly, and efficiently administering the Industrial Commission’s mediation program. The primary purpose of the program is to provide parties an opportunity to actively participate in the resolution of their contested issues, enabling the Commission to devote its limited adjudicatory resources to resolving cases not conducive to settlement.
• A notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10J .0103 was ruled. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment. The Commission held the public hearing on Wednesday, July 19, 2017. Please click here to view a transcript of the public hearing. The Commission accepted written comments from June 15, 2017 through August 14, 2017. Please click here to review the comments timely received, as well as three public comments received after the deadline.  The public transcript and comments can be found at: http://www.ic.nc.gov/news.html#hot  and clicking on the link in the article.

North Dakota VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 1235
  The enacted legislation establishes that workers’ compensation records are confidential however the records may be made available to legal counsel for indigents.  Effective Date August 1, 2017.

Oklahoma VIEW STATE →

REGULATORY ACTIVITY:

• The Oklahoma Workers’ Compensation Commission (WCC) announced today the hiring of Molly H. Lawyer to serve as a Tulsa-based Administrative Law Judge (ALJ). She will take the bench on September 5th, 2017. The WCC currently employs five administrative law judges and administered over 7,700 injury filings in 2016. Lawyer, of Tulsa, is a partner at the Latham, Wagner, Steel & Lehman law firm in Tulsa, OK. She defended workers' comp claims on behalf of clients such as the Multiple Injury Trust Fund, American Airlines, Wal-Mart, and CompSource Mutual.

Oregon VIEW STATE →

REGULATORY ACTIVITY:

• The Oregon Workers’ Compensation Division will review the following rules and develop a list of issues and potential rule amendments:
  • OAR 436-009, Oregon Medical Fee and Payment
  • OAR 436-010, Medical Services
• The Oregon Division of Financial Regulation recently announced the following Proposed Rulemaking:
  • Workers' Compensation Statistical Plan
    Amend:
    • OAR 836-042-0015; OAR 836-042-0035; OAR 836-042-0045
    • OAR 836-042-0015(2) requires that rate filings be accompanied by a transmittal letter with a specific format prescribed by rule. The proposed rulemaking would allow insurers to file the transmittal letter without being in a specific format as long as it contains the required information listed on the DFR website.
    • OAR 836-042-0015(8) -(9) requires insurers to duplicate filings made to DCBS and submit them to its rating organization for review. In practice, this requirement does not serve a meaningful purpose. DCBS reviews submissions from insurers, which is independent from, and does not rely upon a review from the rating organization. The proposed rulemaking would eliminate the requirement to submit duplicate filings to the rating organization for review.
    • OAR 836-042-0035 contains a reference to a provision in the insurance code that has moved from ORS 743 to ORS 742. The proposed rulemaking updates the statutory reference.

• ORS 737.225 directs the Director to designate the statistical plan for workers' compensation insurance.
• OAR 836-042-0045 designates the Statistical Plan for Workers Compensation and Employers Liability Insurance, 2008 Edition, revised in 2014 and filed by the National Council on Compensation Insurance (NCCI). The proposed rulemaking would designate the NCCI plan with revisions as of January 1, 2018.
• Public comment: The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.
• Published Bulletin 345 regarding employer reimbursement for medical service costs.  The bulletin is effective January 1, 2018.  This bulletin instructs insurers and self-insured employers how to apply employer-reimbursed medical service costs for individual claims and provides updated maximum reimbursement amounts. This bulletin replaces Bulletin No. 345 dated Aug. 24, 2016.

OWCP VIEW STATE →

FEE SCHEDULE NEWS:

• The U.S. Department of Labor’s Office of Workers’ Compensation Programs has adopted a new schedule for medical, inpatient, outpatient and ASC services with an effective date of September 30, 2017.

Rhode Island VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 6224 Substitute A
  The enacted legislation repeals the provisions of the workers' compensation law that provides that for injuries on and after July 1, 2023, “material hindrance” is defined to include only compensable injuries causing a greater than sixty-five percent (65%) degree of functional impairment and/or disability.  The act would also change the name of the Donley Center to the Chief Judge Robert F. Arrigan rehabilitation center.  Effective Date June 30, 2017.

Rhode Island Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued Insurance Bulletin 2017-02 regarding 2017 legislative changes to insurance statutes.
• Posted notice of amendments to rules regarding rule 230-RICR-20-50-3 Motor Vehicle Damage Appraisers (Formerly Insurance Regulation 42).    A hearing will be held on September 5, 2017.
• Has posted a number of rules to be amended regarding Automobile insurance rates and minimum coverage. A hearing on all of the proposed rules will be held on September 19, 2017.  The proposed rules are:
  • Rule 230-RICR-20-5-3 - The rule regulates automobile insurance rating.  The amendments are designed to clarify language in the existing rule and to incorporate the provisions of current Insurance Regulation 3 – Prohibition of Surcharges on Minors, Insurance Regulation 53 – Automobile Insurance Minimum Liability Limits and Insurance Regulation 84 – Automobile Insurance Premium Reductions for Anti-Theft Devices.
  • Rule 230-RICR-20-5-3 - The rule prohibits surcharges on minors in automobile insurance rating.  The proposal is to repeal current Insurance Regulation 3 – Prohibition of Surcharges on Minors, and incorporate its terms into 230-RICR-20-5-3 - Automobile Insurance Rating.
  • Rule 230-RICR-20-5-3 - The rule establishes the minimum limits for automobile liability insurance issued in Rhode Island.  The proposal is to repeal current Insurance Regulation 53 – Automobile Liability Minimum Coverage Limits, and incorporate its terms into 230-RICR-20-5-3 - Automobile Insurance Rating.
  • Rule 230-RICR-20-5-3 - The rule provides for reduction in automobile insurance premiums for anti-theft devices.  The proposal is to repeal current Insurance Regulation 84 – Automobile Insurance Premium Reductions for Anti-Theft Devices, and incorporate its terms into 230-RICR-20-5-3 - Automobile Insurance Rating.
  • Rule 230-RICR-20-50-3 - The rule provides amendments to Motor Vehicle Damage Appraisers.

South Carolina VIEW STATE →

REGULATORY ACTIVITY:

• At the Business Meeting on August 21, 2017, the Commission approved revisions to the Medical Services Provider Manual (MSPM) to reflect 2017 Resource Based Relative Values (RBRVS) issued by the Center for Medicare/Medicaid (CMS) and the American Medical Association’s Current Procedural Terminology (CPT) Codes. The Conversion Factor will remain at $50. The effective date is September 1, 2017.

Tennessee VIEW STATE →

REGULATORY ACTIVITY:

• The Bureau held a public rulemaking hearing on August 16 at 2:00 pm CDT. The hearing was held in the Tennessee Room of the Department of Labor and Workforce Development offices located at 220 French Landing Drive in Nashville. This hearing was open to the general public, where Workers' Compensation Appeals Board rules were addressed.
• The Bureau will conduct a hearing on September 28, beginning at 10:00 am CDT. The hearings will be held in the Tennessee Room of the Department of Labor and Workforce Development offices located at 220 French Landing Drive in Nashville. Proposed revisions to the current Drug Free Workplace Program rules will be addressed. This hearing is open to the general public.

Texas VIEW STATE →

FEE SCHEDULE NEWS:

• The files released in July 2017 contained no updates.  The next update is expected in October 2017.

REGULATORY ACTIVITY:

• The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) has finalized revisions to the DWC Form-045, Request to Schedule, Reschedule, or Cancel a Benefit Review Conference (BRC). TDI-DWC did not amend the DWC Form-045A or the DWC Form-045M. The revisions allow system participants to use the form for an additional purpose – to request to proceed directly to a contested case hearing (CCH) pursuant to Labor Code §410.024 and 28 Texas Administrative Code (TAC) §142.5.  Generally, parties are required to participate in a BRC prior to requesting a CCH. However, under §142.5(b) parties may proceed directly to a CCH in certain instances, including when the division determines that mediation would not prove effective to resolve the dispute or that the overall policy of the Workers’ Compensation Act would be advanced by proceeding directly to CCH. With limited exceptions, a party must request to proceed directly to a CCH in writing. Revised DWC Form-045 provides an option for these requests to be made that helps ensure TDI-DWC receives the information it needs to make a determination. TDI-DWC’s goal is to focus BRC time and resources on disputes in which participation is thought to be the most productive. Both the English and Spanish versions of the form are finalized.  An informal draft of the revised DWC Form-045 was posted on the TDI-DWC website on June 8, 2017, with an informal comment period ending on June 23, 2017. Based upon comments, TDI-DWC emphasizes that, under §142.5(e), the other party or parties has an opportunity to respond if a hearing is set upon request. Additionally, §142.5(c)(1)(B) requires that a request to proceed directly to CCH identify and describe the disputed issue or issues, and 28 TAC §142.7(f) provides that a request for hearing and the other party’s response are included in the statement of disputed issues for a CCH without a prior BRC. There were no changes made to the draft DWC Form- 045 as a result of comment.  The finalized DWC Form-045 is available on the TDI-DWC website at http://www.tdi.texas.gov/forms/form20numeric.html, and is effective immediately.
• Texas Department of Insurance (TDI) issued a Request for Proposals (RFP) No. 454-18-0804 for individuals or companies to study, advise, and conduct an assessment of its enterprise claims management and dispute resolution systems, as well as several other smaller automated systems and to recommend a strategy for implementation of a comprehensive, integrated system for claims management and dispute resolution for its Division of Workers' Compensation. The results of this assessment will be used by TDI to select a solution and secure funding for implementation in the future. TDI invites all qualified individuals or companies to submit an offer for these services. To be considered for an award, Respondents submitting a Proposal to this RFP must have the knowledge, skills, abilities, and experience to carry out the services required under this RFP and Respondents must meet the following eligibility requirements to apply:
  • Minimum: Respondents must have a minimum of five (5) years' experience in the Information Technology field, with projects involving application development and/or IT systems analysis.
  • Preferred: In addition to the minimum requirements, Respondents with three (3) years of experience working in Worker's Compensation or similar industry (i.e. Insurance); with knowledge of Workers' Compensation System, specifically in assessing and developing system for Workers' Compensation regulatory programs are preferred.  If Respondent has performed similar services for governmental or public entities, in Workers' Compensations system design for other jurisdictions or related industries, this experience should be especially detailed. All responses must be received and time stamped at TDI prior to 3:00 p.m. Central Time, in Austin, Texas on Friday, September 8, 2017. Late responses will not be considered under any circumstance. Late responses properly identified will be returned to the Respondent unopened. All responses received prior to the due date and time specified in the RFP become the property of TDI after submission. Emailed and facsimile Proposals will not be accepted under any circumstance. Responses must be submitted to TDI at the following address:Texas Department of Insurance c/o Purchasing and Contract Administration Mail Code 108-1B P.O. Box 149104 Austin, TX 78701.
    • The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) is accepting comments on an informal working draft of amended 28 Texas Administrative Code (TAC) §§1, 127.5, 127.10, 127.100, 127.110, 127.130, 127.140, and 127.220, available at www.tdi.texas.gov/wc/rules/drafts.html. The informal working draft was posted on the TDI-DWC website on August 18, 2017, and the comment period closed on September 1, 2017 at 5 p.m. Central time. The informal working draft is not a formal rule proposal and comments received will not be treated as formal public comments for the purposes of the Administrative Procedure Act. There will be an opportunity to formally comment once the rule is proposed and published in the Texas Register. Informal comments may be submitted by email to InformalRuleComments@tdi.texas.gov or by mail or delivery to: Texas Department of Insurance, Division of Workers’ Compensation Maria Jimenez Workers’ Compensation Counsel MS - 4D 7551 Metro Center Drive, Suite 100 Austin, Texas 78744 -1645.
    • Published Commissioner's Bulletin Number B-0020-17 regarding Hurricane Harvey- an extraordinary event; Workers' Compensation issues concerning hurricane victims or evacuees.

LEGISLATIVE ACTIONS:

• House Bill 1456
  The enacted legislation amends Section 415.035, Labor Code, to delete existing Subsection (a) designation and to  delete  existing  designation  and  text  of  Subsection  (b)  (relating  to  required  actions  by  a person  charged  if  an  administrative  penalty  is  assessed),  (c)  (relating  to  failure  to  comply  with Subsection (b)  resulting  in a waiver of  all legal  rights to contest the violation or the  amount of the penalty), and (d) (relating to required actions by the Division of Workers' Compensation of the Texas Department of Insurance, if the court determines that the penalty should not have been assessed or reduces the amount of the penalty).  The legislation also makes application of Section 415.035, Labor Code, as amended by this Act, prospective.  The legislation does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   Effective Date September 1, 2017.
• House Bill 2546
  The enacted legislation amends section 408.025 of the Labor Code. The legislation authorizes a treating doctor (doctor) to delegate to a physician assistant (PA) who is licensed to practice in this state under Chapter 204 (Physician Assistants), Occupations Code, the authority to complete and sign a work status report regarding an injured employee’s ability to return to work. Provides that the delegating doctor is responsible for the acts of the PA under this subsection. Effective Date September 1, 2017.

Texas Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued Bulletin Number B-0011-17 regarding Hurricane Harvey - Claims Adjusting and Adjusters.
• Issued Bulletin Number B-0013-17 regarding Hurricane Harvey - Commercial Automobile insurance.

Utah No-Fault VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 27
  This bill modifies provisions related to the recovery of costs for repair of damages caused by motor vehicle accidents. This bill provides for government entities to contract with third parties to recover costs for repair of damages caused by motor vehicle accidents; clarifies the fees that a third party may charge for services to recover costs for repair of damages caused by motor vehicle accidents; and makes technical changes. Effective Date May 9, 2017.

Utah WC VIEW STATE →

FEE SCHEDULE NEWS:

• Ambulance rates have been updated as of July 10, 2017. The next expected update is scheduled for July 2018.

REGULATORY ACTIVITY:

• The Utah Labor Commission and the Utah Industrial Accident Division are sponsoring a Workers' Compensation Educational Conference. The full-day conference held on September 29th will feature current information topics, broadening your understanding and knowledge of workers' compensation, claim assistance, compliance enforcement, dispute mediation and hearings in the State of Utah. We’ll also celebrate 100 years of workers’ compensation and the Labor Commission in Utah.   To register go to https://www.eventbrite.com/e/utah-labor-commission-workers-compensation-educational-conference-tickets-34754104462

Virginia VIEW STATE →

REGULATORY ACTIVITY:

• The Virginia Workers’ Compensation Commission is pleased to announce the opening and relocation of its Virginia Beach Regional Office. The new office is located at 281 Independence Boulevard, Suite 310, Virginia Beach, Virginia.  Individuals needing additional information on the office relocation can contact the Virginia Workers’ Compensation Commission at 877-644-2566 and questions@workcomp.virginia.gov.

Virginia Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice for amendment to the Virginia Automobile Insurance Plan Manual of rules, classifications, territories, rates, additional charges, and forms to provide for writing insurance upon applicants assigned by the Virginia Automobile Insurance Plan. The notice in the rule became effective on August 1, 2017.
• Effective October 1, 2017 - AIPSO Filing VA 17-08 makes revisions to Sections 35, 36, and 50 applicable for Personal Auto to add administrative procedures for converting voluntary premium for miscellaneous nonfleet personal vehicles and named nonowner applicants to car years.

Washington VIEW STATE →

REGULATORY ACTIVITY:

• Posted in the register the rule regarding option 2 in vocational rehabilitation. The proposed rules provide further clarification about Option 2 benefits. After a worker's vocational retraining plan is approved by the department, the worker can elect Option 2, which allows the worker access to training funds for a self-directed training plan. The worker can use up to ten percent of the Option 2 training funds for vocational counseling and job placement services if the worker's vocational retraining plan was approved on or after July 31, 2015.
• The Washington State Department of Labor & Industries (L&I) will soon be undertaking an Acupuncture Pilot Project.  While the project is underway, L&I will pay qualified providers participating in the pilot project to deliver acupuncture treatment to injured workers with low back pain related to an accepted condition on an open workers’ compensation claim.  The details of this pilot, including restrictions and payment mechanisms, can be found on the L&I Acupuncture pilot webpage.

http://lni.wa.gov/ClaimsIns/Providers/TreatingPatients/ByCondition/Acupuncture/default.asp.

• L&I will use the pilot rulemaking process to allow and pay for acupuncture services during this pilot (RCW 34.05.313 Feasibility studies – Pilot projects). The exceptions to allow payment for acupuncture are effective throughout a two-year pilot period or as otherwise specified and will apply only to pilot participants. The CR-102 will be filed when there is sufficient data to assess and evaluate the provision of acupuncture treatment within the workers’ compensation setting. At that time, pilot program results will be considered in developing proposed rule language, medical coverage decisions and/or payment policy.
•  To stay tuned on the progress of the pilot project, please join the L&I Acupuncture Pilot Project listserv (http://lni.wa.gov/Main/Listservs/LNI-Acupuncture.asp). When L&I is ready to begin enrolling acupuncture providers into the pilot project, it will be announced on the L&I acupuncture listserv (please note that enrollment in the listserv does not constitute enrollment in the pilot).  If you want to learn more, to be prepared to apply to be an acupuncture provider in the L&I pilot project, or to follow this work, please join the acupuncture listserv.
• Please direct any questions that you may have to the following L&I staff:
  • Questions related to the pilot should go to Zachary Gray at (360) 902-5025 or Zachary.Gray@Lni.wa.gov.
  • Questions related to the pilot rulemaking should go to Jami Lifka at (360) 902-4941 or Jami.Lifka@Lni.wa.gov