Alaska VIEW STATE →

REGULATORY ACTIVITY:

• The Alaska Workers' Compensation Division (WCD), the Alaska Division of lnsurance (DOI), and the Division of Corporations, Business, and Professional Licensing (CPBL), have received inquiries pertaining to changes in the Alaska Workers' Compensation Act affected by last year's passage of HB79.   Given the overlapping relationship of these concerns, the divisions are issuing Bulletin 19-02 under each of the divisions' respective bulletin numbers to address the inquiries.  This bulletin will explain in detail the statutory changes that either have already occurred or will occur in the near future.  To view the bulletin, go to http://labor.alaska.gov/wc/bulletins.htm.

Arizona VIEW STATE →

REGULATORY ACTIVITY:

• The Industrial Commission of Arizona is pleased to announce that user acceptance testing has successfully been completed on the Commission’s new Claims/ALJ System.  Barring any unforeseen vendor setbacks, the Commission will launch the new System on May 28, 2019.  The new Salesforce-based system will feature automated workflow capabilities, enhanced analytics, superior document management, and a dynamic web-based portal for interested parties – known as the “ICA Community.”   Please note that new communication methods for outbound documents will be effective on May 28 – upon launch of the new System.  As outlined in prior notices, the new System will require interested parties (i.e., carriers, employers, claimants, and legal representatives) to select a single “preferred communication method” for Claims and/or ALJ communications.  After launch of the new System, the Commission will no longer address outbound Claims and/or ALJ communications to third-party administrators, but instead will send communications to interested parties in accordance with selected “preferred communication methods.”  Interested parties that do not select a “preferred communication method” prior to launch of the new System will default to service by U.S. Mail until an alternative method of communication is selected in the “ICA Community.”  The Commission strongly suggests that impacted parties – especially carriers and self-insured employers that use multiple third-party administrators – finalize all business processes in advance of May 28 to ensure timely and efficient document distribution.   For further information about selecting a “preferred communication method,” obtaining access to “administrator privileges,” or completing the “Request and Agreement for Alternative Service and Waiver of A.A.C. R20-5-158(B)” (“Request and Agreement”) or “Administrator Account Request Form,” please visit azica.gov/newsystem.  The Commission will continue to accept the “Request and Agreement” and “Administrator Account Request” forms through May 3, 2019. To view the full announcement, go to https://www.azica.gov/.
• The Industrial Commission of Arizona is looking forward to the launch of the new Claims/ALJ System on Tuesday, May 28.  After launch of the new System, interested parties and their authorized representatives (including third-party administrators) will be able to serve documents on the Commission in the ways described below.
  • 1) Webforms and Document Upload in the NEW ICA Community   (RECOMMENDED) - The Commission strongly recommends that interested parties utilize webforms and the Document Upload feature in the new ICA Community for submitting both Claims and ALJ documents (including case filings) to the Commission.  Webforms available in the ICA Community will include the most common Commission forms used by injured workers, carriers/self-insureds, employers, and attorneys.  Documents not available as webforms can be uploaded directly to an ALJ matter or Claim record by using the Document Upload feature.  Webforms and documents uploaded through the ICA Community will be electronically processed and added to the relevant Claim record or ALJ matter without delay and without any of the risks associated with manual processing.  In addition, a party submitting a webform will be e-mailed a complete PDF copy of the form for inclusion in an internal file and for service on other interested parties.
  • 2) Secured File Transfer Protocol ("SFTP")* (RECOMMENDED) - If an SFTP account has been requested and established, an interested party will be able to serve documents on the Commission by uploading documents and data into the Commission's SFTP system.  Documents and data submitted through SFTP will be retrieved, processed, and uploaded to the appropriate Claims or ALJ file by a contracted vendor.
  • 3) Electronic Fax* - Interested parties who choose to fax Claims or ALJ documents to the Commission are asked to utilize the following fax numbers: For Claims Filings - (602) 542-3373; For ALJ Filings - (602) 542-4135. The Commission respectfully asks that interested parties discontinue faxing Claims or ALJ documents to the Commission to any other fax number (including the Tucson ALJ fax number).  All documents submitted by fax will be directed to the Commission's contracted vendor to be "document typed" (doc-typed) and uploaded to the appropriate Claims or ALJ file.
  • 4) U.S. Mail* - Interested parties who choose to serve Claims or ALJ documents on the Commission by U.S. Mail are asked to send all mail to the following address: For Claims Filings: Industrial Commission of Arizona, Attn: Claims Filing P.O. Box 19070 Phoenix, Arizona 85005-9070; For ALJ Filings: Industrial Commission of Arizona, Attn: ALJ Filing, P.O. Box 19070 Phoenix, Arizona 85005-9070. The Commission respectfully asks that interested parties discontinue mailing Claims or ALJ documents to any other address, including the Commission's Tucson location.  Documents submitted by mail will be directed to the Commission's contracted vendor (based in Phoenix) to be doc-typed and uploaded to the appropriate Claims or ALJ file.  Any documents mailed to the Tucson location will need to be transported to Phoenix for processing, which will result in additional delays and expense.
  • 5) Hand Delivery to the Commission* - Interested parties are permitted to serve Claims and/or ALJ documents on the Commission via hand delivery to either the Phoenix or Tucson location.  However, please be advised that processing of hand deliveries to the Tucson location, even for ALJ matters being heard in Tucson, will encounter an anticipated 48-hour delay in order to transport the documents to Phoenix for processing by the Commission's contracted vendor.  The Commission respectfully asks that interested parties utilize alternative methods of service (described above), where possible, to reduce delays and expenses associated with processing hand-delivered documents. *Note:  The Commission anticipates that the administrative processing associated with SFTP, Electronic Fax, U.S. Mail, or Hand Delivery will take approximately 24 hours, which means that the Claims and/or ALJ Divisions' access to documents will be somewhat delayed.  In addition, despite efforts by the Commission to ensure proper administrative processing, there is a risk that documents submitted by SFTP, Electronic Fax, U.S. Mail, or Hand Delivery could be inaccurately doc-typed and/or uploaded to a file in error.  For these reasons, the Commission strongly recommends that interested parties utilize webforms and the Document Upload feature in the new ICA Community when possible (see Option 1, above). Please note that service on the Commission does not affect the duties of parties to comply with service requirements related to other interested parties.
• ICA Claim Number: Regardless of the method selected for serving documents on the Commission, interested parties should ensure that filed documents contain the relevant ICA Claim Number(s) (unless an ICA Claim Number has not yet been established).  Without an ICA Claim Number, processing of submitted documents may be delayed.  In such instances, the Claims Division may need to reach out to the filing party to obtain information necessary for processing. ALJ Hearing Number and ALJ Document Typing: Upon launch of the new Claims/ALJ System, all ALJ cases will have an assigned ALJ Case Number.  Inquiries regarding ALJ Case Numbers can be directed to the ALJ Division at 602-542-5241 (ALJ Front Desk). Interested parties in ALJ matters who utilize the ICA Community's Document Upload feature will be required to input the applicable ICA Claim Number, ALJ Case Number, and identify the type of document being uploaded.  This will ensure the document is routed to the appropriate ALJ hearing file without delay or need for further processing.  Interested parties who choose to serve ALJ documents on the Commission via SFTP, Electronic Fax, U.S. Mail, or Hand Delivery are respectfully requested to attach an "ALJ Case Filing Cover Page" to the front of all such filings.  The Cover Page should include the applicable Claim Number, ALJ Case Number, and the type of document being filed.  The Cover Page will help ensure that the document is appropriately doc-typed and routed to the correct ALJ hearing file in the new System.  Processing of ALJ filings submitted via SFTP, Electronic Fax, U.S. Mail, or Hand Delivery without the Cover Page or without an ALJ Case Number could be delayed pending investigation by the Commission.  In such instances, the Commission may need to reach out to the filing party to obtain information necessary for proper processing. The ALJ Case Filing Cover Page can be found at: https://www.azica.gov/forms/alj8801.
• Expedited ALJ Requests: Due to processing delays associated with submission of documents by SFTP, Electronic Fax, Mail, or Hand-Delivery, interested parties who require expedited communications with an ALJ should either utilize the Document Upload feature in the ICA Community or contact the presiding ALJ by phone.
• Additional information:  For more information about the new System, please visit azica.gov/newsystem. Questions regarding the content of this letter may be directed to Ruby Tate (at Ruby.Tate@azica.gov) or Julie Hill (at Julie.Hill@azica.gov).  PIO Contact Name: Trevor Laky Title: Chief of Legislative Affairs and Public Information Officer Phone: 602-542-4478, Email address: trevor.laky@azica.gov.
• The Industrial Commission of Arizona has posted notice of modification to the following mandatory workers' compensation forms: 103 (Notice of Supportive Medical Maintenance Benefits); 104 (Notice of Claim Status); 105 (Notice of Suspension of Benefits); 106 (Notice of Permanent Disability or Death Benefits); 107 (Notice of Permanent Disability and Request for Determination of Benefits); and 108 (Recommended Average Monthly Wage Calculation of Carrier). The modified forms described above will be available and authorized for use beginning on May 28, 2019.  With the exception of the updated 103 form, webform versions of the modified forms will be available on May 28, 2019, in the new ICA Community.  A webform version of the updated 103 form is in development and will be added to the ICA Community.  The ICA strongly encourages payer representatives and workers' compensation claim adjusters to submit claim forms, including those described above, via the ICA Community after launch of the new System.  Payers who wish to obtain copies of the newly-modified forms may submit an e-mail request to claims@azica.gov on or after May 28, 2019.  Requests will be processed as expeditiously as possible.  Although the modified forms will be available and authorized for use beginning on May 28, 2019, payers and authorized payer representatives may continue to use the existing version of the forms until September 27, 2019, at which time usage of the modified forms will become mandatory.  Effective September 27, 2019, existing versions of the 103, 104, 105, 106, 107, and 108 forms will no longer be authorized for use and all previously-authorized alterations of the forms will expire.  Payers who wish to modify or alter the new forms, even for non-substantive alterations, must request approval from the Commission by submitting a written request by e-mail to Claims Manager Ruby Tate (ruby.tate@azica.gov).

California VIEW STATE →

FEE SCHEDULE NEWS:

• The DWC has published a new file for Medi-Cal rates effective May 15, 2019. The next update is expected June 15, 2019.

REGULATORY ACTIVITY:

• The State Fund of California posted notice in the April 26, 2019 of the state register regarding the amendment of its conflict of interest code.  To view the notice, go to https://oal.ca.gov/april-2019-notice-registers/.
• The Department of Industrial Relations (DIR) announced that several of its offices in Santa Ana have moved to a new address: 2 MacArthur Place, Santa Ana, CA 92707.  The Division of Labor Standards Enforcement (DLSE), or the California Labor Commissioner’s Office, is in Suite 800 of the new building. The main phone number is unchanged: (714) 558-4910.  The Division of Occupational Health and Safety (DOSH), better known as Cal/OSHA, is in Suite 720. The phone number is (714) 558-4451. The Division of Workers’ Compensation (DWC) is in Suite 600. The main phone number is unchanged: (714) 558-4121.
• The Division of Workers’ Compensation (DWC) has updated its EAMS system to require validation of uniform assigned names (UANs) when users e-file documents. Filers will receive an error if the document contains a faulty UAN, so they can correct the issue immediately. The new procedure is expected to reduce errors and processing delays. The UAN, a uniform naming convention to ensure that parties are properly associated to cases in EAMS, is currently used by attorneys, claims administrators and lien claimants. E-filers may confirm or obtain their UAN by checking the database, or by submitting a registration request on letterhead with an authorized signature by email to cru@dir.ca.gov. Emailed requests are processed and posted within 10 business days. The first document to require UAN validation is the application for adjudication of claim. DWC will update other e-forms in the coming months to include this upfront validation.

Colorado VIEW STATE →

FEE SCHEDULE NEWS:

• Posted an updated version of the 2019 Colorado Workers' Compensation Medical Fee Schedule, version 05142019.  To view the latest version, go to  https://www.colorado.gov/pacific/cdle/directors-interpretive-bulletins-regarding-medical-fee-schedule

Colorado Auto VIEW STATE →

REGULATORY ACTIVITY:

• The Division provides notice that it is terminating the rulemaking process for draft amended regulation 5-2-12, Concerning Automobile Insurance Consumer Protections. The recent adoption by the legislature of Senate Bill 19-090, concerning the operation of peer-to-peer motor vehicle sharing businesses, will require additional revisions to be made to this regulation. As the requirements in this legislation will become effective on January 1, 2020, the Division has determined that terminating the current rulemaking process for this regulation is necessary in order that additional revisions can be made. It is anticipated that the rule will be noticed for hearing with the revisions mandated by SB 19-090 later this summer or early this fall. The current version of Colorado Insurance Regulation 5-2-12, which became effective on November 1, 2012, remains in place.
• Published an announcement regarding Bulletin B-5.01 which addresses calculation of actual cash value: prohibition against deducting contractors' overhead and profit from replacement cost where repairs are not made. The Division of Insurance (DOI) is holding a Stakeholder meeting concerning Bulletin B-5.1, Calculation of actual cash value: Prohibition against deducting contractors' overhead and profit from replacement cost where repairs are not made. In preparation for this meeting attendees should know the following: The Division has determined that it will not be repealing this Bulletin. The reasons the Division considered repealing this Bulletin were as follows: A widespread misunderstanding of the Division's position on Overhead and Profit (O&P) contained in the bulletin and the limits to the Division’s authority concerning O&P; and, Many complaints are filed with the Division alleging insurers wrongfully deny O&P and use the Bulletin to support their contention that O&P must be paid. Through this stakeholder meeting the Division is seeking input from interested participants on how best to revise the Bulletin to clarify any ambiguity concerning the Division's limited authority regarding O&P and to address the number of complaints received by the Division related to O&P. The public stakeholder meeting will be held on May 21st, 2019, from 10:30 AM - 12 PM, at the Division of Insurance offices.

Georgia VIEW STATE →

REGULATORY ACTIVITY:

• Announced information regarding their upcoming Annual Education Conference that will be held August 26, 2019 - August 28, 2019 at 9000 Avalon Boulevard, Alpharetta, Georgia, 30009.  For additional information, go to https://sbwc.georgia.gov/events/2019-08-26/annual-educational-conference.

Idaho VIEW STATE →

REGULATORY ACTIVITY:

• The Idaho Legislature did not renew the existing administrative rules at the end of the 2019 Legislative session. In April, the Governor's Office directed the Industrial Commission to take the necessary steps to minimize the impact of the rules expiring. In January, the Governor signed the Red Tape Reduction Act, requiring agencies to cut down on rule sections to make the chapters as simple as possible. To meet the direction of the Governor, the Commission will bring forward rule chapter revisions for when the rules expire on July 1st. These revisions will follow a special process put in place by the Division of Financial Management for final approval by the Governor’s Office. All changes are strictly to consolidate information per the Red Tape Reduction Act. There will be no substantive changes.
• Posted notice that the following pending rules are now in effect.  The rules will expire on July 1, 2019.  The rules are 17.02.06-EDI Housekeeping Notice and Language; 17.02.07 EDI Housekeeping Notice and Language; 02.10.1801 EDI House Keeping Notice and Language; and 17.02.11.1801 Housekeeping Notice and Language.  Also rules regarding electronic payment Electronic Payments Ch. 10 Insurance Carriers and Electronic Payments Ch. 11 Self-insured.
• The Idaho Industrial Commission’s main office will be moving in mid-July from the current Clearwater location to the new State Campus on Chinden Boulevard. Please make sure to update your records with the new business address: 11321 W. Chinden Blvd Boise, Idaho 83714 (Building #2). Additional Contact Information:

PO Box 83720

Boise, Idaho 83720-0041

Office Phone: (208) 334-6000

Office Fax: (208) 334-2321

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• The Illinois Workers’ Compensation Commission is constantly working to improve your experience with the new version of its case docket website now available at https://casedocket.iwcc.il.gov/.  Please see the below summary of what has changed since the initial release date.
  • Improvements
    • Data is updated nightly, Monday through Friday.
    • Better printing of main case docket screen using Microsoft Internet Explorer, Microsoft Edge, or Google Chrome.
  • Resolved Problems
    • Resolved: Search by respondent’s name on name/birth inquiry search did not return any cases in some instances.
    • Resolved: Main case docket screen did not note “Connected Case(s)” like old neon mainframe website.
    • Resolved: Commission decision numbers did not appear at the bottom of the more info screen.
• Posted notice of updated Release 3.1 trading partner tables and matrix. The tables were updated May 22, 2019.  The tables updated were Illinois R3.1 Event Tables Version 1.1 - updated 5/22/2019; Illinois R3.1 element Requirements Version 1.1 - updated 5/22/2019 and Illinois R3.1 Edit Matrix Version 1.1 - updated 5/22/20219.  To view the tables, go to https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.

Indiana VIEW STATE →

REGULATORY ACTIVITY:

• The following INWCB Element Requirement Table changes are critical and are effective May 15, 2019: DN0052 Employee Date of Birth changing from AR (If Applicable/Available Transaction Rejected) to m (Mandatory) for FROI and SROI MTC UR: Changed FROI and SROI UR requirement code from AR to m, as IAIABC has determined that m should've been allowed on a UR as it is match data for some states. Trading Partners weren't all reporting it due to AR requirement code. This was a Mandatory field for INWCB in Release 1. This should have minimal impact to the industry as most URs have already been received. If DN0052 Employee Date of Birth was not reported on the FROI UR, it must be added with a FROI 02. As of 4/30/2019, INWCB changed their Re-portable Change Code for a FROI 02 – Add for DN0052 Employee Date of Birth from N (No) to K (Change on FROI). DN0118 Accident Site County/Parish changing from M to MC for FROI MTC 00 and AU: Corrected Requirement Code from M to MC for FROI 00 or AU to only require DN0018 Accident Site County/Parish if DN0123 Accident State Code = IN.
• The following INWCB Edit Matrix change is critical and is effective May 15, 2019:
  • DN0027 Insured Location Identifier removed Error 030 Must be A-Z, 0-9, or spaces with no special characters: Removed the edit on the DN0027 Insured Location Identifier for Error 030: Must be A-Z, 0-9, or spaces with no special characters. The IAIABC Systems Committee will be removing the L on the DN-Error Message Table for DN0027 Insured Location Identifier. These changes mentioned above have been logged for INWCB’s next version of their requirements which will be published at a later date.
  • Clarification of DN0040 Date Employer Had Knowledge of the Injury: In Indiana, Date Employer Had Knowledge of Injury (DN0040) is identified by the date an injury became re-portable based on IC 22-3-4-13 which states that “Within seven (7) days after the employer's knowledge of the injury, either actual, alleged, or reported under IC 22-3-3-1, that causes an employee's death or the need for medical care beyond first aid, a report concerning the injury shall be made…” An incident that does not require at least basic first aid is not a re-portable injury in Indiana. As such, an employer cannot have knowledge of a re-portable injury before basic first aid is administered.  The INWCB understands that this use of DN0040 is unorthodox and has explored all options when trying to find a solution that would work to meet Indiana’s statutory obligation for reporting, and also have it be suitable for the Trading Partners. DN0040 is used in the requirement condition for DN0077 Late Reason Code as well.
  • Clarification of Medical Only Suspension: On claims where no indemnity has been paid, there is no need to file a SROI SJ. At this time, the INWCB is not expecting or requesting any filings to be made for suspensions on non-indemnity claims. The INWCB recommends that the Claim Administrator send a simple letter to the Injured Worker informing them that their medical benefits are going to be suspended; however, this is not required. If you have any questions, please contact the INWCB EDI Support Team by email at INWCBEDI@iso.com.
• On Tuesday, June 4, 2019, the Workers’ Compensation Board of Indiana will be hosting a live & call-in information session in conjunction with ISO (Indiana’s EDI Claims Vendor). The webinar will assist Trading Partners with live & commonly asked questions now that Indiana is in Production for EDI Claims Release 3.1. INWCB Trading Partners and EDI Vendors are encouraged to participate.  This live webinar will be hosted via WebEx and will also be presented on site at the Workers’ Compensation Board of Indiana.   To participate via WebEx, please register by clicking here or click on this link:  https://verisk.webex.com/verisk/onstage/g.php?MTID=e7636bba5618b75862a7af3040dee0e20.  After registering via WebEx, you will receive a confirmation email containing information about joining the information webinar including the webinar link as well as how to listen in. Please add the event attached to registration confirmation email to your email calendar.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• Published notice in the state register of adoption of rule 876-8.8(85,17A Payroll tax tables.  The tables became effective January 1, 2019.  The adopted rule was published in the state register on April 24, 2019. To view the notice, go to https://www.legis.iowa.gov/law/administrativeRules.

Kansas VIEW STATE →

REGULATORY ACTIVITY:

• In a 38 - 1 vote on May 3rd, the Kansas Senate confirmed the appointment of Delía García as the Kansas Secretary of Labor.  Secretary García will oversee the state Unemployment Insurance, Workers’ Compensation, Labor Market Information Services and Industrial Safety and Health divisions. Secretary García returned to Kansas after eight years in Washington, D.C., serving in senior leadership positions at the national organizations ReflectUS, National Migrant Seasonal Head Start Association and the National Education Association.  Prior to that, she served six years in the Kansas House of Representatives, serving all six years on the House Commerce and Labor Committee, while continuing to help manage her family’s small business.

Maine VIEW STATE →

REGULATORY ACTIVITY:

• On May 21, 2019, the Board of Directors voted to adopt an assessment rate for insurers of 2.76% for Fiscal Year 2020 beginning on July 1, 2019.  Assessment letters for insurers and self-insured employers will be mailed shortly and payments are due by June 7, 2019. For questions contact Jan Adams (207) 287-7084 or see the Business Services/Annual Assessment section of this site located at https://www.maine.gov/wcb/Departments/businessservices/annualassessment.html.

Maryland VIEW STATE →

REGULATORY ACTIVITY:

• Effective June 1, 2019 - Ambulatory Surgical Center Implants: When submitting the Claim for Medical Services (C-51), the surgeon in the operative note, in addition to including into the body of the operative report the number and type of implants used, should also include the number of implants and type of implants at the end of the operative note in a separate paragraph.
• Published notice of revised form – Authorization for Disclosure of Health Information (A-25R Revised 05/2019).  This form is revised and available as a fillable PDF form on our Forms and Instructions page.  The form has been revised to follow the medical authorization of the C-1 Employee Claim Form.  Please begin using the new form immediately.   The Commission does not accept form filing via email/attachment or fax. To view this notice, go to http://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/May_2019_Notices.htmlTo view the form, go to https://www.wcc.state.md.us/Adjud_Claims/Forms.html#subpoena.
• New content added to Online Services eNotice for Attorney: Notices of Insurance Correction and Claim Withdrawn are added to our eNotice service for Online Services subscribed Attorneys.

LEGISLATIVE ACTIONS:

• House Bill 595

The legislation is enacted for the purpose of altering the types of cancer that are considered occupational diseases suffered in the line of duty and are compensable in a certain manner; and generally relating  to  the  occupational  disease  presumption  for  cancers  under  the  workers’   compensation law. Effective Date October 1, 2019.

• House Bill 604; Senate Bill 646

The enacted legislation alters the  circumstances  under  which  certain  firefighters,  firefighting  instructors,  rescue  squad  members,  advanced  life  support  unit  members, and  sworn  members  of  the  Office  of  the  State  Fire  Marshal  are  presumed  to  be suffering from an occupational disease that was suffered in the line of duty and is compensable  under  the  workers’  compensation  law. It makes stylistic changes and provides for the application of this Act.  The enacted legislation generally relates to the occupational disease presumptions under the workers’ compensation law. Effective Date October 1, 2019.

• Senate Bill 62

The enacted legislation requires the Director of the Uninsured Employers’ Fund to report to certain committees of the General Assembly on or before a certain date.  The legislation also generally relates to the Uninsured Employers’ Fund. Effective Date July 1, 2019.

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Physician - CMS has reposted the April 2019 National Physician Fee Schedule Relative Value File on May 17, 2019.
• DMEPOS – CMS has reposted both the January 2019 DMEPOS file and the April 2019 DMEPOS file on May 9, 2019.  CMS reposted the April 2019 DMEPOS file again on May 24, 2019.

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• The Workers’ Compensation Division of the Minnesota Department of Labor and Industry will be mandating electronic data interchange (EDI) Release 3.1 XML reporting in August 2020. The adoption of this new release will coincide with the modernized Work Comp Campus. The R3.1 XML Implementation Guide can be found on the DLI website. To view the implementation guide, go to http://www.dli.mn.gov/business/workers-compensation/work-comp-electronic-data-interchange-edi-and-efroi-web-portal?utm_medium=email&utm_source=govdelivery.  For questions contact DLI at edi
• Contact Lori Herzog for help scheduling mediation sessions with the Department of Labor and Industry’s (DLI) Alternative Dispute Resolution (ADR) unit. Lori can be contacted at mediation.dli@state.mn.us or 651-284-5336. Mediation forms may also be submitted online.  Parties can contact individual mediators directly about scheduling a mediation session. A list of DLI mediators is available online. ADR offers customized mediation services at no cost to the parties. ADR mediators will travel statewide. We offer flexibility with time and place for mediation. If necessary, we also offer flexible scheduling of time slots in excess of three hours. Questions? For additional information about DLI’s mediation services, visit DLI’s website or call 651-284-5005 or 800-342-5354. Duluth and outstate parties can call our Duluth office at 218-733-7810 or 800-342-5354.

Mississippi VIEW STATE →

REGULATORY ACTIVITY:

• The 2019 MWCC Medical Fee Schedule is estimated to be available in mid-June. You may pre-order fee schedules now at orders.fairhealth.org.

Missouri VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice in the May 15 Register of proposed amendments to Rules 8 CSR 20-2.010 Governing Rules; 8 CSR 20-2.010 Jurisdiction; 8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges; and 8 CSR 20-3.060 Policy of the Commission. A brief summary of each of the proposed rules is below:
  • 8 CSR 20-2.010 Governing Rules. The Labor and Industrial Relations Commission (LIRC) is amending sections (1), (2), (3), (4), and (5). This amendment corrects inaccurate statements of the law with regard to timely filing, eases filing burdens for parties by removing the requirement to file three (3) copies and clarifies a litigant’s obligation to serve other parties when filing with the LIRC via facsimile.
  • 8 CSR 20-3.010 Jurisdiction. The Labor and Industrial Relations Commission (LIRC) is amending subsections (A) and (C) of section (3); amending section (4); amending subsections (B), (C), (D), (E), (F), (G) and (H) of section (5); adding a new subsection (I) to section (5); and adding a new section (6). This amendment clarifies the procedure for seeking com- mission approval of a lump sum settlement or commutation, provides guidance to parties seeking modification of final awards, and establishes new procedures for disputes pertaining to future medical treatment.
  • 8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges. The Labor and Industrial Relations Commission (LIRC) is amending section (1); amending subsections (A) and (B) of section (3); adding new subsections (C) and (D) to section (3); amending subsections (A) and (B) of section (4); amending section (5); and amending subsections (B) and (C) of section (5). This amendment clarifies procedures for filing briefs with the LIRC in workers’ compensation appeals and removes the requirement to file three (3) copies.
  • 8 CSR 20-3.060 Policy of the Commission. The Labor and Industrial Relations Commission (LIRC) is amending section (1); amending sub- section (B) of section (2); amending section (3); amending section (4); and amending subsections (C), (E), (F), and (G) of section (4). This amendment updates the LIRC’s policy in connection with continuances, clarifies language with regard to attorney fees where multiple attorneys may have worked on a case, and removes outdated language relating to compromise settlements that does not reflect the statutory requirements or modern practice.

To view the proposed rules, go to https://www.sos.mo.gov/default.aspx?PageID=9638

• The Missouri Department of Labor and Industrial Relations Division of Workers’ Compensation (DWC) continues to expand the use of Box Account, a virtual mailbox, to achieve efficiencies for its external stakeholders. The Attorney General’s Labor Unit recently began using Box to file Answers to Workers’ Compensation Claims filed by injured state employees. DWC has expanded the use of Box Account to achieve better efficiencies for its external stakeholders. The pilot program began in October 2018, which allowed attorneys and law firms to submit Claims and Answers electronically, at no cost, saving time and money. This has also decreased the DWC processing time of these documents and increased the savings on postage and labor. Instead of mailing DWC three copies of the documents with one to be returned to the attorney/law firm after being stamped, the final copies are now downloaded the next business day.  Because DWC staff is no longer waiting on mail deliveries to begin their work, they can be more efficient and get through claims faster. The filings are pulled four times a day starting at 7:00 a.m. and are distributed to staff members accordingly. This has allowed for same day processing of claims. Since October, DWC has had 102 law firms with 337 staff members sign up for Box Account. This has resulted in 2,072 total electronic filings. Though filing through mail cannot be eliminated completely at this time, the DWC is hoping to allow electronic submission of most documents. DWC Director Colleen Joern Vetter praised staff members for continuing “to respond to our stakeholders’ requests to make their interactions with us easier, more convenient, saving time and money. And there are more improvements coming.” There are no fees for signing up to use this service, all that is needed is an email address, and it will result in immediate savings in time and money. For more information on the Box Account and how-to sign-up visit https://labor.mo.gov/content/claim-filing-law-firms.

Montana VIEW STATE →

REGULATORY ACTIVITY:

• Workers’ Compensation Fee Schedule Rules Hearing ARM Notice 24-29-345; 5/6/2019 10:00:00 AM. Conference rooms A and B of the Beck Building - 1805 Prospect Avenue, Helena, Montana. The Department of Labor and Industry is committed to providing meeting access through reasonable accommodation under the Americans with Disabilities Act. Celeste Ackerman, Medical Regulations Officer. 406-444-6604 celeste.ackerman@mt.gov.

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• On May 15, 2019, the Nebraska Workers’ Compensation Court transitioned its Electronic Data Interchange (EDI) system to Release 3.1. Effective as of May 15^th, the court will no longer accept data using the Release 1.0 format. For approximately eight days on and after May 15, trading partners should expect a longer than usual time between transmissions of data to the court and return of an acknowledgement from the court. The court will receive, and process all submitted reports using Release 3.1 format during the transition process. In order to ensure the long-term success of the transition to Release 3.1, additional analysis and testing of the system by the court will take place on and after May 15. Acknowledgements for reports submitted between May 15 and May 22 may not be available until May 23. The court will return acknowledgements in the usual form and manner once the court has confirmed the transition process has been successfully completed. To view this announcement, go to https://nwccedi.info/news.
• The 2017 Nebraska Survey of Occupational Injuries and Illnesses and Nebraska Census of Fatal Occupational Injuries are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/bureau-of-labor-statistics-reports).
• The Nebraska Workers’ Compensation Court’s revised Rules of Procedure are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/rules-of-procedure). Amendments to Rules 2, 3, 47, and Addendum 2 were adopted at a public meeting on April 11, 2019. Non-adjudicatory Rule 47 and Addendum 2 became effective April 11, 2019. Adopted amendments to adjudicatory Rules 2 and 3 became effective May 8, 2019, following review and approval by the Nebraska Supreme Court.  Please note that newly adopted and approved summary judgment procedures are contained in Rule 3, E. If there are any questions regarding summary judgment procedures, please call the court’s Information Line at 402-471-6468 or 800-599-5155 (toll free) and ask to speak with the Clerk’s Office.  To view this notice, go to https://www.wcc.ne.gov/home/court-news.  

New Hampshire VIEW STATE →

REGULATORY ACTIVITY:

• Please be advised that the Vocational Rehabilitation Provider Advisory Board held a meeting at the New Hampshire Department of Labor on Tuesday May 21, 2019 at 9:30 am. This meeting may include a non-public session.

LEGISLATIVE ACTIONS:

• House Bill 342

The enacted legislation clarifies the disclosure of reports and other information relating to workers’ compensation audits to the Department of Labor.  The legislation directs that the Department of Insurance may disclose certain information to the Department of Labor but also states that the information provided is not subject to disclosure under RSA 91-A.   Effective Date June 15, 2019.

New Jersey WC VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 1967

The enacted legislation established cost of living adjustments to benefits paid to injured public employees.  Effective Date May 13, 2019.

New Mexico VIEW STATE →

REGULATORY ACTIVITY:

• The Spring 2019 issue of the NM WCA’s Quarterly Bulletin is now posted and available on the state’s website: https://workerscomp.nm.gov/NMWCA-Publications. In this issue, we honor National Worker Memorial Day by writing about some of the state’s workers who suffered fatal workplace accidents in 2018. You’ll also read about some of the latest stats on the Uninsured Employer Fund.
• Acting Director Verily A. Jones is considering the reappointment of Judge Leonard Padilla to a second five-year term pursuant to NMSA 1978 52-5-2 (2004). Judge Padilla's term expires on August 31, 2019. Anyone wishing to submit written comments concerning Judge Padilla's performance may do so until 5 p.m. on Monday, June 3, 2019. All written comments submitted per this notice shall remain confidential. Comments may be addressed to WCA Acting Director Verily A. Jones, P.O. Box 27198, Albuquerque, NM 87125-7198 or faxed to (505) 841-6813.
• The next Advisory Council meeting is scheduled for Thursday, June 20 at 1:30 p.m. at the main office, 2410 Centre SE, Albuquerque. The proposed agenda will be posted no later than 72 hours prior to the meeting.
• Written public comment on any health care provider being considered for inclusion or continuation on the list of authorized IME providers will be accepted until May 31, 2019. To provide written public comment, contact the WCA's Medical Cost Containment Bureau, P.O. Box 27198, Albuquerque, NM 87125-7198, phone (505) 841-6811, fax (505) 841-6078.
• The NM Workers’ Comp Administration’s Medical Cost Containment Bureau now has a direct email address, to which all correspondence, including medical billing disputes, requests for case management and/or utilization review, and inquiries on the providers’ fee schedule/billing instructions should be sent. Please send all such correspondence to WCA-MCC@state.nm.us.

New York VIEW STATE →

FEE SCHEDULE NEWS:

• A new update to reimbursement rates for Acute per Case Inpatient Hospital rates was released with a retroactive date of July 1, 2018.

REGULATORY ACTIVITY:

• Issued bulletin number 046-1163 regarding updated 2018 Reimbursement Rates for Acute per Case Inpatient Hospital Rates. The New York State Department of Health (DOH) recently provided the Workers' Compensation Board with updated reimbursement rates for acute per case inpatient rates for the period of July 1, 2018, through December 31, 2018. Rates of payments for these services are based upon rates determined for state governmental agencies (Medicaid) in accordance with Article 2807-c (6) (1). These rates, which also apply to treatment provided under the Comprehensive Motor Vehicle Reparations Act, Volunteer Firefighters' Benefit Law, and Volunteer Ambulance Workers' Benefit Law. Please see 2018 Medical Care Fee Schedules. To view the bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/subjectNos.jsp.
• Published in the state register notice of adoption regarding fees for emergency room, rural area outpatient clinics, hospital based mental health clinics, and private psychiatric hospitals in the May 1st edition. To view the notice, go to https://docs.dos.ny.gov/info/register/2019/may1/toc.html.

Ohio VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice that a rule package in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: -Package Title: Vocational Rehabilitation Rules.-Rule Numbers: 4123-18-03 Guidelines for referral to and acceptance into vocational rehabilitation.4123-18-04 Living maintenance allowance.  4123-18-14 Injured workers suffering compensable injuries, occupational diseases or death while in an approved vocational rehabilitation plan.  To view the information, go to https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/OACInReview.asp.
• Posted notice that a rule package in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: -Package Title: BWC Chapter 4123-19 Rules - Rule Numbers:
  • 4123-19-01 Definition: state risks, self-insuring risks.
  • 4123-19-03 Where an employer desires to secure the privilege to pay compensation, etc., directly.
  • 4123-19-05 Where an employer is a self-insuring risk and desires to become a state risk.
  • 4123-19-08 Renewal of self-insuring risks.
  • 4123-19-09 In regard to complaints filed by employees against self-insuring employers under the provisions of section 4123.35 of the Revised Code.
  • 4123-19-13 Self-insuring employer’s evaluation board. 4123-19-14 Self-insured review panel.
  • 4123-19-15 Assessment for self-insuring employers’ guaranty fund.
  • 4123-19-16 Self-insured construction projects.

To view the information, go to https://www.bwc.ohio.gov/downloads/blankpdf/Chapter19SIRules.pdf.

• The bureau posted a notice that a rule in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: - Rule Title: Payment for treatment of concussion injuries. Rule Number: 4123-6-34, - Proposed Action: New.  To view the notice and a proposed rule, go to https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/OACInReview.asp.  This rule is proposed for public comment but has not been filed for adoption.

Oklahoma VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice of the Sixth Annual Oklahoma Workers' Compensation Educational Conference.  The conference will be held on October 3-4, 2019.  Registration will open on July 1, 2019.  To view information regarding the notice, go to https://www.ok.gov/wcc/.
• Commission Rule 810:10-1-11 requires each insurance carrier to designate a single agent for service of notice by filing a Designation of Service Agent (CC-Form-7) with the Commission.  In some instances, the most current designated service agent information with the Commission has become outdated, resulting in default orders being issued against respondents.  This notice serves as a reminder to all carriers, designated service agents, and respondent attorneys of the obligation under the cited rule to keep this information current so that carriers may promptly notify their counsel to appear before the Commission and avoid unnecessary delay and/or default. It is also available on the Commission’s website at: https://www.ok.gov/wcc/documents/4-12-16%20CC%20Form%207.pdf

LEGISLATIVE ACTIONS:

• Senate Bill 274

The enacted legislation reduces the balance of the Self-insurance Guaranty Fund at which the Workers’ Compensation Commission may levy an assessment against each private self-insurer and group self-insurance association from below $2 million to below $750,000. The measure increases the maximum assessment rate from 1% to 2% of actual paid losses of the preceding calendar year. Effective Date November 1, 2019.

Oregon VIEW STATE →

REGULATORY ACTIVITY:

• Has published the April 2019 edition of WCB Case News and Notes. To view the latest publication, go to https://www.oregon.gov/wcb/Pages/news-notes.aspx.
• Published revised Bulletin Number 356 regarding attorney fees.  This bulletin publishes the attorney fee matrix under Oregon Administrative Rule (OAR) 436-001-0410(1)(d) for attorney fees awarded under Oregon Revised Statute (ORS) 656.385(1). This bulletin replaces Bulletin No. 356 issued May 22, 2018.  This bulletin becomes effective on July 1, 2019.  To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Published revised Bulletin Number 124 regarding forms for vocational assistance to injured workers, cost-of-living matrix, and fee schedule. This bulletin provides forms, examples, checklists, and a chart for insurers and vocational assistance providers to use under Oregon Administrative Rules (OAR) 436-120. This bulletin is revised to provide an updated cost-of-living matrix and fee schedule for vocational assistance expenditures, effective July 1, 2019. This bulletin replaces Bulletin 124 dated July 30, 2018.  To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Published revised Bulletin Number 111 regarding computation of temporary disability, permanent disability, and death benefits based on Oregon’s state average weekly wage.  This bulletin provides updated benefit rates based on the Oregon average weekly wage for 2019.  This bulletin replaces Bulletin No. 111 dated June 6, 2018.  To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.

LEGISLATIVE ACTIONS:

• House Bill 2406

The enacted legislation establishes that certain trainees in school programs are covered by the workers’ compensation statute. All persons participating as trainees in a work experience program or a school directed professional education project of a school district, as defined in ORS 332.002, in which such persons are enrolled, including persons with intellectual disabilities in training programs, are workers of the district subject to this chapter for purposes of this section. Trainees placed in a work experience program with the trainees’ resident school district as the training employer are subject workers under this section if the training and supervision are performed by noninstructional personnel. Effective January 1, 2019.

Rhode Island VIEW STATE →

REGULATORY ACTIVITY:

• Issued informational letter 09-02 regarding spendable base wage tables and related forms.  To view the letter, go to http://www.dlt.ri.gov/wc/infoletters.htm.

LEGISLATIVE ACTIONS:

• House Bill 5305

The enacted legislation extends the effective date of the Rhode Island Uninsured Protection Fund from February 1, 2019 to September 1, 2019.  Effective Date March 28, 2019.

South Carolina VIEW STATE →

REGULATORY ACTIVITY:

• Published the agenda of the Commission Business Meeting that was held on April 29 at 10:30 a.m. in Commission Hearing Room A at 1333 Main Street, 5th Floor Columbia, South Carolina.  To view the agenda, go to https://wcc.sc.gov/news/2019-04/full-commission-business-meeting-agenda-april-29-2019.

Tennessee VIEW STATE →

REGULATORY ACTIVITY:

• The EDI Claims Release 3.1 face-to-face training provides a great opportunity for jurisdictions and industry participants to learn about the newest release of the IAIABC Claims Standard. Join us for this in-depth training June 10 (1:00 pm - 5:00 pm) through June 11 (8:00 am - 5:00 pm).The EDI Claims Release 3.1 training will be held in Murfreesboro, Tennessee (SE Nashville) at the Embassy Suites and will include discussion of enhancements and new features of 3.1; Data Elements and Processing rules; data sequencing rules; and much, much more. Breakout sessions for industry, jurisdictional, and technical participants will be held to offer information specific to each group. Registration is $325 for IAIABC members and $475 for non-members.

Texas VIEW STATE →

REGULATORY ACTIVITY:

• TDI has approved changes in requirements for withdrawal by a certified self-insurer from workers' compensation self-insurance in these National Council on Compensation Insurance (NCCI) publications: Basic Manual for Workers’ Compensation and Employers Liability Insurance; Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance; and Statistical Plan for Workers’ Compensation and Employers Liability Insurance The changes apply to new and renewal workers' compensation policies effective on and after May 1, 2019. For more information, please contact the Office of the Chief Clerk by email or call 512-676-6585.
• TDI has adopted a 15 percent overall reduction in the workers' compensation classification relativities for all policies with an effective date on or after July 1, 2019, unless the insurer files an alternative rate basis. Please visit the TDI website for more information and filing instructions. The announcement was contained in Bullet B-0001-19 issued April 26, 2019.  To view the bulletin, go to https://www.tdi.texas.gov/bulletins/index.html.
• Published a request for input for Development of Physical Medicine and Rehabilitation Services Plan - Based Audit.  To view the notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.  To view a copy of the proposed plan, go to https://www.tdi.texas.gov/wc/hcprovider/medadvisor.html#comprev.

Vermont VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice of the New England IARP (International Association of Rehabilitation Professionals) spring 2019 conference.  The conference was held May 17, 2019 at The Hartford Insurance Company 1 Hartford Plaza, Hartford Ct. 06155.

Washington VIEW STATE →

REGULATORY ACTIVITY:

• The Department of Labor & Industries pays for interpreters during medical or vocational services to workers or crime victims, on all opened and allowed claims.
• L&I used pilot rulemaking to determine how best to incorporate acupuncture into Washington’s workers’ compensation program. The purpose of this rulemaking is to allow the department and self-insurers to pay for acupuncture as specified in new section WAC 296-23-238. The related Acupuncture medical coverage decision’s approved conditions will remain only “low back pain related to an accepted condition on an open claim.” Other conditions may be considered at a later date based on L&I’s review of available scientific and clinical evidence. The last day of the pilot will be May 31, 2019 and the CR-103 will be effective June 1, 2019. This will mean that there is no gap in services. Prior to June 1, 2019 only pilot participants can use acupuncture to treat injured workers. Pilot participants can continue to treat at the June 1, 2019 overall start date without submitting any new documentation to the department.  Other non-pilot L&I providers that have acupuncture within the scope of their licensure can begin using acupuncture to treat injured workers on June 1, 2019. Providers that are new to treating injured workers will need to apply for a provider number to be paid for their services. If they meet eligibility criteria, L&I will assign them a provider number and they can then treat on or after June 1, 2019 based on when they have an L&I provider number.  L&I adopted the language as proposed in the CR-102 with minor clarifying changes. The CR-103, the Concise Explanatory Statement and the final rule language can be viewed at https://www.lni.wa.gov/ClaimsIns/Providers/TreatingPatients/ByCondition/Acupuncture.asp?utm_medium=email&utm_source=govdelivery. To view a copy of the adopted rule, go to http://www.lni.wa.gov/LawRule/WhatsNew/Proposed/default.asp?RuleID=434.  The rule becomes effective June 1, 2019.
• The Department of Labor & Industries will continue utilizing the fees from July 2019 to June 2020 that were established in 2018. Following our annual review (per WAC 296-20-132), we have determined there will be no change to our fee schedule. L&I payment policies will update on July 1. Visit L&I’s website for fees: lni.wa.gov/FeeSchedules .

LEGISLATIVE ACTIONS:

• House Bill 1490

The enacted legislation modifies the presumption of occupational disease for industrial insurance established for cancer to apply to certain Hanford site workers who have cancer that develops or manifests itself and who were not given a qualifying medical examination because an exam was not required. The presumption established for cancer is amended to also apply to any active or former USDOE Hanford site worker who has cancer that develops or manifests itself and who was not given a qualifying medical examination because a qualifying medical examination was not required.  Effective Date July 28, 2019.

• House Bill 1913

The enacted legislation makes the occupational disease presumptions for firefighters applicable to certain emergency medical technicians and public employee fire investigators and adds additional cancers to the cancer occupational disease presumption. It creates an occupational disease presumption for heart problems and infectious diseases for law enforcement officers. Requires the Director of the Department of Labor and Industries to create an advisory committee on occupational disease presumptions, made up of specified scientists. Effective Date July 28, 2019.

• Senate Bill 5474

The enacted legislation establishes that in the event L&I makes an order communicating the closure of a claim of a self-insured employer, the self-insured employer may serve the order.  The self-insured employer must use a separate, secure, and verifiable nonelectronic means of delivery.  The self-insured employer must also include L&I's prescribed notice explaining the contents of the order and any protest or appeal rights. Effective Date July 28, 2019.