Alaska VIEW STATE →

REGULATORY ACTIVITY:

• Published Bulletin 19-03 regarding a certain percent ownership for individuals to claim exemption and executive officer waivers regarding workers' compensation coverage.  To view the bulletin, go to http://labor.alaska.gov/wc/bulletins.htm.
• Recent adjustments to the Workers’ Compensation Medical Fee Schedule, as recommended by the Medical Services Review Committee, will reduce workers’ compensation system costs by a projected 3.7 percent. The National Council on Compensation Insurance reviewed the 2020 medical fee schedule approved by Alaska Department of Labor and Workforce Development Commissioner Dr. Tamika L. Ledbetter and the Alaska Workers’ Compensation Board at its October meeting in Anchorage. The NCCI did not include these expected savings in its rate filing for 2020, which includes a 14.4 percent reduction in the voluntary market and an 11.3 percent reduction in the assigned risk pool market (subject to approval by the Division of Insurance). Together, the changes will result in lower costs for Alaska businesses that have historically paid high premiums. “For years, workers’ compensation costs were going through the roof, burdening Alaska’s small business community and stretching the resources of the Workers’ Compensation system as a whole,” Ledbetter said. “I am pleased that our efforts to address runaway costs are paying off. I am very appreciative of the members of the Workers’ Compensation Board and the Medical Services Review Board for their diligence in addressing this important issue.” Gov. Michael J. Dunleavy said, “I thank the Department of Labor and Workforce Development, the Alaska Workers’ Compensation Board, and our national partners for their concentrated effort to address the high rate of workers’ compensation costs. Through their efforts, businesses across Alaska can expect to see a significant reduction in cost going into 2020. This is good for business, and good for the Alaska economy.”
• Issued Bulletin 19-04 regarding settlement agreements and attorney fees. This bulletin provides guidance for reporting attorney fees associated with a settlement agreement for a workers’ compensation insurance claim. The Division of Workers’ Compensation has concerns that attorney fees and litigation costs may be lumped in with indemnity benefits rather than being listed as separate categories in some settlement agreements. This guidance is designed to clarify that attorney fees and litigation costs must each be reported separately from other benefit categories such as indemnity benefits. Including the attorney fees in with indemnity benefits on a settlement agreement, will result in a higher Second Injury Fund contribution cost to the employer. To view the bulletin, go to http://labor.alaska.gov/wc/bulletins.htm.

California VIEW STATE →

FEE SCHEDULE NEWS:

• The DWC has published a new file for Medi-Cal rates effective October 15, 2019. No drug information was changed in this file. The next update is expected November 15, 2019.
• The DWC has posted another adjustment to the inpatient hospital section of the Official Medical Fee Schedule (OMFS) to conform to changes in the 2020 Medicare payment system as required by Labor Code section 5307.1. The effective date of the changes is November 1, 2019.
• The (DWC) has posted an order adjusting the Pathology and Clinical Laboratory section of the Official Medical Fee Schedule to conform to the fourth quarter 2019 changes in the Medicare payment system as required by Labor Code section 5307.1 with an effective date of October 1, 2019. The next update is expected January 1, 2020.
• The (DWC) has posted an order adjusting the Hospital Outpatient Departments and Ambulatory Surgical Centers section of the Official Medical Fee Schedule to conform to the fourth quarter 2019 changes in the Medicare payment system as required by Labor Code section 5307.1 with an effective date of October 1, 2019. The next update is expected January 1, 2020.
• The (DWC) has posted an order adjusting the Official Medical Fee Schedule (OMFS) to conform to the fourth quarter 2019 changes in the Medicare payment system as required by Labor Code section 5307.1 with an effective date of October 1, 2019. The next update is expected January 1, 2020.

LEGISLATIVE ACTIONS:

• Assembly Bill 5

Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission.  Existing law requires a 3-part test, commonly known as the “ABC” test, to establish that a worker is an independent contractor for those purposes.  Existing law, for purposes of unemployment insurance provisions, requires employers to make contributions with respect to unemployment insurance and disability insurance from the wages paid to their employees.  Existing law defines “employee” for those purposes to include, among other individuals, any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee. This bill would state the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. The bill would provide that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business. The bill, notwithstanding this provision, would provide that any statutory exception from employment status or any extension of employer status or liability remains in effect, and that if a court rules that the 3-part test cannot be applied, then the determination of employee or independent contractor status shall be governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). The bill would exempt specified occupations from the application of Dynamex and would instead provide that these occupations are governed by Borello. These exempt occupations would include, among others, licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry. The bill would also require the Employment Development Department, on or before March 1, 2021, and each March 1 thereafter, to issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. The bill would make the exemption for commercial fishermen applicable only until January 1, 2023 and the exemption for licensed manicurists applicable only until January 1, 2022. The bill would authorize an action for injunctive relief to prevent employee misclassification to be brought by the Attorney General and specified local prosecuting agencies. This bill would also redefine the definition of “employee” described above, for purposes of unemployment insurance provisions, to include an individual providing labor or services for remuneration who has the status of an employee rather than an independent contractor, unless the hiring entity demonstrates that the individual meets all of specified conditions, including that the individual performs work that is outside the usual course of the hiring entity’s business. Because this bill would increase the categories of individuals eligible to receive benefits from, and thus would result in additional moneys being deposited into, the Unemployment Fund, a continuously appropriated fund, the bill would make an appropriation. The bill would state that addition of the provision to the Labor Code does not constitute a change in, but is declaratory of, existing law with regard to violations of the Labor Code relating to wage orders of the Industrial Welfare Commission. The bill would also state that specified Labor Code provisions of the bill apply retroactively to existing claims and actions to the maximum extent permitted by law while other provisions apply to work performed on or after January 1, 2020. The bill would additionally provide that the bill’s provisions do not permit an employer to reclassify an individual who was an employee on January 1, 2019, to an independent contractor due to the bill’s enactment. Existing provisions of the Labor Code make it a crime for an employer to violate specified provisions of law with regard to an employee. The Unemployment Insurance Code also makes it a crime to violate specified provisions of law with regard to benefits and payments. By expanding the definition of an employee for purposes of these provisions, the bill would expand the definition of a crime, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

• Assembly Bill 346

The enacted legislation adds police officers employed by a school district, county office of education, or community college district to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness arising out of and in the course of employment.

• Assembly Bill 528

Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires a dispensing pharmacy, clinic, or other dispenser to report specified information to the department as soon as reasonably possible, but no more than 7 days after a controlled substance is dispensed. The enacted legislation, on and after January 1, 2021, would require a dispensing pharmacy, clinic, or other dispenser to instead report the information required by the CURES database no more than one working day after a controlled substance is released to a patient or a patient’s representative, except as specified. The bill would similarly require the dispensing of a controlled substance included on Schedule V to be reported to the department using the CURES database. The bill makes conforming changes to related provisions. Currently the law requires a health care practitioner authorized to prescribe, order, administer, furnish, or dispense controlled substances included on Schedule II, Schedule III, or Schedule IV, and a pharmacist upon licensure, to submit an application to obtain approval to electronically access information in the CURES database. The enacted legislation, on and after a specified date, would permit a licensed physician and surgeon who does not hold a DEA registration to submit an application to obtain approval to electronically access information in the CURES database.  Currently, the law requires an authorized health care practitioner to consult the CURES database to review a patient’s-controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every 4 months thereafter if the controlled substance remains part of the treatment of the patient.  The enacted legislation, on and after a specified date, would instead require the authorized health care practitioner to consult the CURES database to review the patient’s-controlled substance history at least once every 6 months after the first time the substance is prescribed and the prescriber renews the prescription, except as specified. The bill would also establish a review and documentation requirement, as set forth, for a health care practitioner who receives the CURES database information from another authorized user, as specified.  The current law requires the Department of Justice and other specified entities to identify necessary procedures to enable licensed health care practitioners and pharmacists with access to the CURES database to delegate their authority to order reports from the CURES database. The enacted legislation instead requires those entities to identify necessary procedures to enable those practitioners with access to the CURES database to delegate their authority to access reports from the CURES database.

• Assembly Bill 1400

The enacted legislation requires the commission, in partnership with the County of Los Angeles and relevant labor organizations, on or before January 1, 2021, to submit a study to the Legislature, the Occupational Safety and Health Standards Board, and the Los Angeles County Board of Supervisors on the risk of exposure to carcinogenic materials and incidence of occupational cancer in mechanics who repair and clean firefighting vehicles.

Colorado VIEW STATE →

REGULATORY ACTIVITY:

• A notice was given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section §8-47-107. Date and Time of Hearing: November 4, 2019 10:00 a.m.  Place of Hearing: 633 17th Street Denver, CO The public hearing was to be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  The topics to be considered are: Rule 16-7(A) and 16-11(B) (2). Rule 18 Exhibit 2 and Exhibit 8. To view the proposed rules, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.
• Posted notice in the October 25, 2019 edition of the state register of adoption of Rule 16, Rule 18 and Exhibit #1.  These rules will become effective January 1, 2020.  To view the notice, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=10/25/2019&Volume=42&yearPublishNumber=20&Month=10&Year=2019.

Colorado Auto VIEW STATE →

REGULATORY ACTIVITY:

• Published Bulletin Number  B-6.3 regarding claims settlement payments via pre-paid Debit or Stored Value cards.  To view the bulletin, go to https://www.colorado.gov/pacific/dora/colorado-insurance-bulletins.
• Posted notice of a hearing for a proposed new rule concerning requests for commercial or personal automobile policy information from a complainant or complainant's attorney.  The hearing was to be held November 1, 2019 at 2:00 p.m. at the Colorado Division of Insurance located at 1560 Broadway, Suite 110 D, Denver Colorado. The proposed rule will be 3 CCR 702-5.  To view the notice and proposed rule, go to https://www.colorado.gov/pacific/dora/notice-rule-making-hearings-proposed-regulations.

Connecticut VIEW STATE →

REGULATORY ACTIVITY:

• Published three bulletins regarding wage benefits.   The bulletins published were Bulletin 2019-10 Weekly Wage, Maximum Compensation Rate, and Cost of Living; Bulletin 2019-11 Calculating Weekly Benefit Amounts without FICA and/or Medicare Deductions; and Bulletin 2019-12 Workers' Compensation Benefits Rate Tables October 1, 2019-September 30, 2020.  To view the bulletins, go to https://wcc.state.ct.us/.
• The Commission’s newest Workers’ Compensation Commissioner is Soline M. Oslena, whose legal experience includes practice in the areas of workers’ compensation, personal injury, real estate, family, and housing law. Born in Port-au-Prince, Haiti, Oslena immigrated to Brooklyn, New York with her family when she was just eight years old. Later, while in college, she worked a full-time and a part-time job, hard work which in 2005 earned her a bachelor’s degree in Legal Studies from the New York City College of Technology.  A few years later, Oslena became a resident of Connecticut and pursued her dream of becoming a lawyer. Working full-time and traveling over an hour to attend law school at night and on weekends made that dream a reality in 2010, when she earned her Juris Doctor from the Southern New England School of Law. She was admitted to the Connecticut Bar in 2011. Commissioner Oslena worked as a paralegal for Attorney Bart A. Sayet during her time as a law school student. After graduating with her law degree, she became an Associate in that practice, during which time she gained broad knowledge in multiple areas of the law while handling a large and varied caseload representing a diverse clientele. Oslena says that, “amongst my areas of practice, workers’ compensation has brought me the most satisfaction because I have been able to help people through a difficult time in their lives,” representing her clients in hundreds of workers’ compensation hearings.
• Published Memorandum Number 2019-13 regarding findings and awards by Stipulation with allocations for future medical expenses, including Medicare Set-Asides, or with allocations of indemnity benefits.  To view the memorandum, go to https://wcc.state.ct.us/.
• In October, the RETAIN-CT project was launched as a pilot in the Greater Hartford region. RETAIN is an early return-to-work initiative funded by the U.S. Department of Labor to prevent long-term disability.  In Connecticut, the RETAIN-CT study is being piloted with Workers’ Compensation claimants of The Hartford Insurance Group with musculoskeletal conditions, and the work involves elements of provider training with special billing codes to reimburse for proactive return-to-work communication, early return-to-work coordination, and use of employment specialists from local workforce development boards. Major partners on the pilot project include the CT Department of Labor, UConn Health, The Hartford Insurance Group, and Capital Workforce Partners. To learn more about the RETAIN-CT study, or if you would like to register as a RETAIN-CT provider, visit retainct.com.

Florida No-Fault VIEW STATE →

REGULATORY ACTIVITY:

• Published the Automobile Regulatory Plan for FY 2019-2020.

Florida WC VIEW STATE →

REGULATORY ACTIVITY:

• The Florida Office of Insurance Regulation (OIR) conducted a public hearing to discuss NCCI’s proposed overall statewide average workers' compensation premium decrease of 5.4% on October 4, 2019.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• Published an FAQ web site regarding the scheduling of hearings on the workers' compensation electronic system (WCES).  To view the web site and review the FAQs already published, go to https://www.iowaworkcomp.gov/faq-scheduling-hearings-workers-compensation-electronic-system-wces.
• The Iowa Division of Workers' Compensation (DWC) requires parties to submit joint requests for a hearing using the Workers' Compensation Electronic System (WCES). This document is an excerpt from the Quick Start Guide that Tybera, the vendor, has developed with instructions for how to request a hearing on WCES. To view additional information, go to https://www.iowaworkcomp.gov/how-request-hearing-wces.
• Penny Maxwell has been appointed the new Assistant Workers’ Compensation Commissioner. Penny replaces Janna Martin, who passed away. Penny has worked at the Iowa Division of Workers’ Compensation (DWC) since 1990, giving her experience in many areas of the agency’s operation that makes her particularly well suited to serve as Assistant Commissioner. From 1990 to 1998, she served as a Clerk Typist, Word Processor, and Clerk Specialist. From 1998 to 2006, Penny served as Hearing Administrator and Administrative Assistant. From 2006 through 2019, she served as a Compliance Administrator. Before joining DWC, Penny worked for West Bank.
• The Iowa Division of Workers' Compensation (DWC) requires electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). The DWC approves or rejects every eFiling made on WCES. The following are tips for you when eFiling on WCES. Use the correct party names: You should use the correct names for the claimant, employer, and other parties such as the insurance carrier or Second Injury Fund of Iowa. Failure to use the correct party names may result in the DWC rejecting your document. Use the correct DWC file number(s): You should use the correct DWC file number(s) when preparing and eFiling your document. Failure to use the correct DWC file number(s) may result in the DWC rejecting your document. Sign your document: An attorney or self-represented party must sign the documents they eFiling on WCES. Failure to sign your document may result in the DWC rejecting your document. Choose the correct document type on WCES: When you eFiled a document on WCES, you choose the document type. You should choose the correct document type from the list of types on WCES. Failure to choose the correct document type on WCES may result in the DWC rejecting your document. If you're an attorney, use your AT PIN Number: The DWC uses your AT PIN number to help it associate your cases with you. You should use your AT PIN number when eFiling a document to a case on WCES to help ensure that you're associated with all of your DWC cases on the system. In a consolidated case, eFile documents under all DWC file numbers on WCES: A consolidated case consists of more than one DWC file number. Each DWC file number is a distinct case on WCES. If yours is a consolidated case, you must eFile your document on WCES under each and every file number that makes up the consolidated case. Failure to eFile your document on WCES under all file numbers in your contested case may result in the DWC rejecting your document. To view these filing tips, go to  https://www.iowaworkcomp.gov/efiling-tips-all-documents.  For additional filing tips, go to https://www.iowaworkcomp.gov/efiling-tips.

Kansas VIEW STATE →

REGULATORY ACTIVITY:

• Published the September update to ODG on the state's web site.  To view the September update, go to https://www.dol.ks.gov/WC/medservices/medical-services-and-fee-schedule-section/official-disability-guidelines.
• OSCAR Update for Court Reporters: We are pleased to announce some additional enhancements for Court Reporters have launched in OSCAR. Court Reporters are able to attach themselves directly to OSCAR Hearings using an associated hearing number.  Additionally, behavior modifications have been made on the Court Reporter Landing Page:  An ‘Active’ vs. ‘All’ toggle now appears, allowing users to differentiate between active and closed hearings. A quick guide to these changes is attached.  More enhancements will soon follow, including a way for Court Reporters to upload transcripts directly to a case. Furthermore, in the future, email notifications will be sent to Court Reporters when a hearing is cancelled or continued. If there are any questions regarding these modifications, please email KDOL.OSCAR@ks.gov.

Kentucky VIEW STATE →

REGULATORY ACTIVITY:

• The Workers’ Compensation Nominating Committee is now accepting applications for the position of Workers’ Compensation Board member in the Kentucky Department of Workers’ Claims for a term expiring January 4, 2024.  This is a full-time position and appointees shall not hold any other public office or maintain any private practice.  Applicants for the position must be a licensed attorney for a minimum of eight (8) years and must have the qualifications required of a Court of Appeals Judge, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct.
• Kentucky has adopted a new administrative regulation regarding treatment guidelines.  The rule is 805 KAR 025:260 Treatment Guidelines.  To view the rule as published in the state register, go to https://legislature.ky.gov/Law/kar/Pages/Registers.aspx and click on the October 2019 hyperlink.  The treatment guidelines become effective July 1, 2020.
• The Department of Workers’ Claims will be moving to its new location in early November. The exact date of the move is yet to be determined but will be publicized as soon as it is known. The new address of the DWC will be:  Kentucky Labor Cabinet Department of Workers’ Claims Mayo-Underwood Building 500 Mero Street, 3rd Floor Frankfort, Kentucky 40601. The Department's telephone number will remain the same: 502-564-5550.

Maine VIEW STATE →

FEE SCHEDULE NEWS:

• A new Inpatient Facility Fee Schedule, Appendix III, has been adopted for dates of discharge on or after October 1, 2019. The next update is expected October 2020.

Maryland VIEW STATE →

REGULATORY ACTIVITY:

• For attorneys who request a subpoena signed and sealed but otherwise blank intended to be filled in before service in accordance with COMAR 14.09.03.05B(1), verify (1) that the claim has not been dismissed and (2) that issues remain pending before attempting to serve the subpoena. When seeking the production of medical records in accordance with Health General Article, §4-306, Annotated Code of Maryland, you MUST fully comply with COMAR 14.09.03.05D(2) and file the Notice of Intent to Subpoena Medical Records and Certificate of Service forms ALONG WITH ANY RESPONSES OR AN AFFIDAVIT OF NO RESPONSE with the Commission. If you attach a schedule of documents to the subpoena, ensure that the schedule (or any other attachments to the subpoena) is included with the subpoena when filed with the Commission. FAILURE TO COMPLY WITH THE REGULATIONS MAY RESULT IN SANCTIONS UNDER COMAR 14.09.03.05I.  To view this notice, go to http://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/Oct_2019_Notices.html
• The Maryland Workers’ Compensation Commission's CompHub was recognized as the Best Transformation Project in the Public Sector by Bizagi. The 2019 Bizagi Transformer Awards recognize customer organizations worldwide who are delivering the most successful and innovative transformation initiatives led by Intelligent Process Automation.

Massachusetts VIEW STATE →

FEE SCHEDULE NEWS:

• New rates of Payment for Services provided to Industrial Accident Patients by Hospitals were adopted with an effective date of October 1, 2019. To view the bulletin, go to https://www.mass.gov/lists/2019-eohhs-administrative-bulletins.

REGULATORY ACTIVITY:

• Published Circular Letter # 354 regarding Cost of Living Adjustments (COLA); Payment and Reimbursement Schedules and Requests; Maximum and Minimum Weekly Compensation Rates and Attorney Fee Schedules.  To view the Circular Letter, go to https://www.mass.gov/news/cl-354-new-cola-maximum-and-minimum-compensation-rates-saww-and-attorneys-fees

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• HCPCS – CMS has released the new 2020 HCPCS code set effective January 1, 2020.

Michigan Auto VIEW STATE →

REGULATORY ACTIVITY:

• Published bulletin 2019-16-INS regarding Michigan Catastrophic Claims Association Fee Calculation.  To view the bulletin, go to https://www.michigan.gov/difs/0,5269,7-303-12900_12906---,00.html.
• Posted bulletin 2019-18-INS regarding the enforcement of statute Section 2105(6) effective date. To view the bulletin, go to https://www.michigan.gov/difs/0,5269,7-303-12900_12906---,00.html.
• Posted bulletin 2019-19-INS regarding Michigan Catastrophic Claims Association Deficiency Calculation. To view the bulletin, go to https://www.michigan.gov/difs/0,5269,7-303-12900_12906---,00.html.
• Issued Bulletin 2019-21 INS regarding Statute Section 3163 Certifications.  To view the bulletin, go to https://www.michigan.gov/difs/0,5269,7-303-12900_12906---,00.html.

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• Published the latest version of the agency's newsletter Compact.  To view the latest version, go to http://www.dli.mn.gov/business/workers-compensation/work-comp-compact-newsletter?utm_medium=email&utm_source=govdelivery.

Mississippi VIEW STATE →

REGULATORY ACTIVITY:

• Mississippi has posted notice to amend rule 1.7 and 2.12. Rule 1.7 is amended to reflect electronic filing requirements and formatting changes. Previous amendments to Rule 2.12 have been in effect for almost two years. A review of all other states’ practices indicated many states have perimeters to protect future medical benefits in settlement. After the implementation of previous Rule changes, feedback from the parties practicing before the Commission, and research concerning other jurisdictions, Rule 2.12 required adjustments concerning fees on the basis of fairness to both attorney and client pursuant to Miss. Code Ann. 71-3-63.  To view the notice and proposed rule, to go https://www.sos.ms.gov/adminsearch/default.aspx?current_page=Bulletin.   The effective date of these rules is November 16, 2019.

Mississippi Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice of proposed amendments to the automobile assigned risk rating plan. To view the notice and plan, go to http://www.mid.ms.gov/legal/regulations.aspx#pr.

Montana VIEW STATE →

REGULATORY ACTIVITY:

• Posted a notice of hearing on proposed amendment to the current ODG Drug Formulary. The Department is proposing to update the existing rule to incorporate by reference the current ODG Drug Formulary available at the website: http://erd.dli.mt.gov/work-comp-claims/medical-regulations/formulary. Concerned persons may comment orally or in writing at the public hearing. Public comment can also be submitted to Jason Swant, Department of Labor & Industry, 1805 Prospect Avenue, Helena, MT 59624-1728, Tel: (406) 444-6451 TDD/Montana Relay Service/etc.*711.

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court confirms the requirements set out in Nebraska’s Electronic Data Interchange (EDI) Claims Release 3.1, Version 1.2 have been effective since August 26, 2019.

Nevada VIEW STATE →

REGULATORY ACTIVITY:

• The State of Nevada, Division of Industrial Relations (DIR), Workers’ Compensation Section (WCS) is pleased to announce training on November 13, 2019 regarding compliance with Senate Bill 381, 2019 Nevada Legislature. This bill mandates significant changes to the DIR/WCS Treating Panel of Physicians and Chiropractors, insurers’/third party administrators’ (TPAs) provider lists and availability of those lists to the public.  The training will be presented in Las Vegas with audio visual capabilities in Carson City and online (see below).  No additional dates for this training are scheduled at this time. There will be two sessions, one in the morning and one in the afternoon. Each session will focus on the new statutory requirements of a specific stakeholder group.  Senate Bill 381 (SB 381) mandates DIR/WCS incorporate significantly more information concerning individual practitioners listed on the DIR/WCS Treating Panel of Physicians and Chiropractors.  The morning session is designed to educate treating physicians and chiropractors (MDs, DOs, DCs) regarding the impact of these new mandates. Specifically, as a result of SB 381, the DIR/WCS must update the Treating Panel of Physicians and Chiropractor to fulfill the additional statutory requirements, no later than July 1, 2020. The updated Treating Panel will supersede all prior DIR/WCS Treating Panels. All physicians and chiropractors interested in treating Nevada’s workers’ compensation patient population must complete and submit a newly revised treating physician/chiropractor application which is anticipated to be available at http://dir.nv.gov/WCS/home/ by November 14, 2019. More information regarding completion of the new application and the submission process will be discussed in the training on November 13, 2019. Please note, all physicians and chiropractors, including those on the current Treating Panel of Physicians and Chiropractors, interested in being placed on the updated DIR/WCS Treating Panel of Physicians and Chiropractors must submit a completed revised application (when available). This notice can be viewed at http://dir.nv.gov/WCS/Important/.

New Mexico VIEW STATE →

REGULATORY ACTIVITY:

• The Advisory Council on Workers’ Compensation and Occupational Disease Disablement exist to review and monitor the workers’ compensation system in New Mexico and to report every year to the Governor and Legislature. The Advisory Council may make recommendations about the law. The Advisory Council holds public meetings, several times a year. Most meetings are in Albuquerque. Anyone may attend. At meetings, the Council learns from the public about issues affecting the workers’ compensation system and discusses policy recommendations. The Council is interested in different points of view about the workers’ compensation system. Anyone who wishes to speak to the Council may contact the Council’s staff assistant at 841-6052.  Meetings are planned in advance and the agenda for each meeting depends on the time available. If you are a person with a disability who needs a special accommodation, please notify the staff. The Council’s role is advisory. While the Council or its individual members cannot make recommendations on individual cases, the Council, as a whole has explicit authority in appointing members to the panel of professionals who select Independent Medical Examiners. The Council also can give its endorsement of proposed workers’ compensation legislation.
• Has released NCCI's New Mexico Medical Data Report for 2019 and Opioid Supplemental Report for 2019.  To view the reports, go to https://workerscomp.nm.gov/HealthCare-Providers.
• The New Mexico Workers' Compensation Administration's proposed "2020 Health Care Providers' Fee Schedule & Billing Instructions" is available for review on the agency website. The NM WCA had a public hearing on the proposal at 10 a.m., Friday, October 18, 2019 at its main Albuquerque headquarters, 2410 Centre Ave. SE. To view the fee schedule, go to https://workerscomp.nm.gov/Healthcare-Providers.
• Please be advised that the New Mexico Workers’ Compensation Administration (NMWCA) has added a field to its “Petition for Lump Sum Payment” form. Pursuant to §52-1-60 and §52-5-12 NMSA 1978, the form now requests the NMWCA be notified if the worker is subject to a lien for past-due child support. The updated form is available on agency’s website: https://workerscomp.nm.gov/NMWCA-Forms. 

New York VIEW STATE →

FEE SCHEDULE NEWS:

• A new and updated EAPG data file has been adopted with an effective date of October 1, 2019. The next update is scheduled for January 2020.

REGULATORY ACTIVITY:

• Bulletin Subject Number 046-1211: The New York State Workers’ Compensation Board accepts written stipulations when an injured worker is represented, and considers oral and written stipulations at a hearing, under Rule 12 NYCRR 300.5. The Board also receives requests for proposed findings, which are issued under Rule 12 NYCRR 312.5 (collectively referred to as “stipulations”). The Board has developed a Schedule Loss of Use (SLU) Stipulation Attachment to be used in certain situations where the parties have agreed to resolve permanency with a SLU payment despite indications that an established non-schedule site may have residual permanent impairment. If the medical evidence shows that the non-schedule site(s) or condition(s) are resolved with no permanent impairment, the stipulation shall so indicate, without needing the Attachment. The SLU Stipulation Attachment must be used if any of the following exist:
  • Where there is no medical report from either party regarding permanency to the established non-schedule site(s) or condition(s), the SLU Stipulation Attachment is required.
  • Where the Board file contains affirmative medical evidence of permanency to the established non-schedule site(s) or condition(s), the SLU Stipulation Attachment is required.
  • Where the medical reports of the parties differ on whether there is permanency to the established non-schedule site(s) or conditions, the SLU Stipulation Attachment is required.
• When the SLU Stipulation Attachment is required, the language of the stipulation must contain the following sentence: “The Stipulation Attachment is incorporated by reference into the terms of [this Stipulation-or-these Proposed Findings] as if fully set forth herein.” The SLU Stipulation Attachment is to be filled out and signed by the injured worker, and a separate section is to be signed by the injured worker’s legal representative. Original signatures are required. The SLU Stipulation Attachment must be sent to the Board together with the fully signed stipulation; otherwise, it will not be processed. Completed stipulations submitted under Rule 300.5 are reviewed by a Workers’ Compensation Law Judge. If rejected on the merits, a hearing will be scheduled. The Board has created a Frequently Asked Questions document that answers questions about the SLU Stipulation Attachment. A link to the document is placed below. Injured workers should review the document before answering the questions on the SLU Stipulation Attachment, and attorneys should discuss all aspects of the SLU Stipulation Attachment with their client.  To view the bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1211.jsp. For

North Carolina VIEW STATE →

REGULATORY ACTIVITY:

• As part of the Commission’s commitment to investigating fraud by claimants and non insured employers under the Workers’ Compensation Act and investigating reports of employee misclassification under the Employee Fair Classification Act, and to improve compliance with statutory mandates, the Commission’s Employee Classification Section now operates under the newly formed Criminal Investigations & Employee Classification Division. This reorganization provides expanded resources to investigate allegations of employee misclassification.
• Pursuant to N.C. Gen. Stat. § 150B-21.5(a) (4), Rule 11 NCAC 23A .0406 (Discount rate to be used in determining commuted values) has been amended, effective October 1, 2019. The only amendment made to the Rule was an amendment to correctly reflect the Internal Revenue Service's website address for obtaining a copy of the Index of Applicable Federal Rate (AFR) Rulings. The correct website address, as reflected in the amended Rule, is https://apps.irs.gov/app/picklist/list/federalRates.html.
• The Industrial Commission is pleased to announce that Tim Frost will join the Commission as its Chief Information Officer (CIO). Mr. Frost graduated from North Carolina State University with a BA, majoring in Business Administration and minoring in Information Systems. Mr. Frost has over 20 years of IT experience in both the private and public sectors. For the last 13years, Mr. Frost has served the North Carolina Department of Transportation in multiple roles, including application development, project management, and data analytics and reporting. Mr. Frost is also a certified Project Management Professional (PMP).

Ohio VIEW STATE →

REGULATORY ACTIVITY:

• Published the proposed IPPS - Hospital Inpatient Reimbursement Rule and appendix which become effective February 1, 2020.  The state also published the proposed PPMS - Professional Provider Medical Services Fee Schedule which becomes effective January 1, 2020.  To view the notices and rules, go to https://www.bwc.ohio.gov/provider/services/FeeSchedules.asp.

Oklahoma VIEW STATE →

REGULATORY ACTIVITY:

• Passed emergency rules regarding pharmacy benefit managers. The adopted emergency rule Chapter 25 OAC 365-25-29 can be viewed at https://www.ok.gov/oid/Public_Information/Legal/2019_Emergency_Rule_Amendments.html.

Oregon VIEW STATE →

REGULATORY ACTIVITY:

• The Workers' Compensation Division has posted information about possible changes to the rules governing claims administration, OAR 436-060:  https://wcd.oregon.gov/laws/Documents/rule-meetings/2019/SRAC-2019-10-14/SRAC-agenda-2019-10-14.pdf.
• The Department of Consumer and Business Services announced an 8.4 percent average reduction in pure premium rates for employers in 2020. For more information: https://www.oregon.gov/dcbs/cost/Pages/index.aspx
• Each year, the Department of Consumer and Business Services adopts by rule the workers' compensation premium assessment rate that is paid by all employers to fund workers' compensation and workplace safety and health programs. In the “Permanent Administrative Order,” filed with the Secretary of State on Oct. 1, 2019, the department explained that the 2020 premium assessment rate will go into effect on Jan. 1, 2020. Based on economic forecasts, department analysts recommended a premium assessment rate of 8.4 percent. The proposed increase from 7.8 percent to 8.4 percent will allow the department to maintain current service levels throughout 2020. Please refer to Exhibit 1. Additional assessments to fund the Self-Insured Employer Adjustment Reserve and Self-Insured Employer Group Adjustment Reserve are expected to decline by 50 percent from 2019 levels. For additional information, go to https://www.oregon.gov/dcbs/cost/Pages/index.aspx.
• The Workers’ Compensation Division has posted final rules, effective Jan. 1, 2020, to its website: OAR 436-070, Workers’ Benefit Fund Assessment | https://wcd.oregon.gov/laws/Documents/New_rules/70-19055-new.pdf.  The assessment rate for 2020 will be 2.2 cents per hour worked, reduced from 2.4 cents in 2019.  To view the final rule, go to https://wcd.oregon.gov/laws/Pages/new-rules.aspx.
• In 2018, the Department of Consumer and Business Services received notification of 21,008 accepted disabling claims for occupational injuries and illnesses. The 2018 Workers’ Compensation Claims Characteristics brochure with summary statistics on counts, fatalities, industry, and other facts is now available.  To view the document, go to https://www.oregon.gov/dcbs/reports/compensation/Pages/wc-claims.aspx.
• Posted the latest edition of WCB Case News & Notes.  To view the latest edition, go to https://www.oregon.gov/wcb/Pages/news-notes.aspx.
• Posted notice of a hearing being held on November 21, 2019 at 10:00 a.m. in the Labor and Industries Building 350 Winter Street NE, in Room F in Salem, Oregon.  The hearing is to receive comments on proposed rule amendments for OAR 436-009-0008; OAR 436-009-0060; OAR 436-010-0008; OAR 436-010-0340; OAR 436-015-0120; OAR 436-055-0110; OAR 436-060-0025; OAR 436-060-0200; OAR 436-070-0050; OAR 436-085-0060; OAR 436-110-0310; and OAR 436-140-0120. To view the proposed rules, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• The workers’ compensation average claim costs tables are now available with updated information for claims resolved during 2018. They include cost tables by insurer, industry, and accepted disabling claims characteristics. To view the tables, go to http://www.cbs.state.or.us/external/imd/rasums/4863/18web/18-4863.html.

Rhode Island VIEW STATE →

REGULATORY ACTIVITY:

• Published three information letters on October 3, 2019.  Published were 2019 Notice of Revised Independent Contractor Forms; Notice of Withdrawal of Designation as Independent Contractor and Notice of Designation as Independent Contractor.  To view the information letters, go to http://www.dlt.ri.gov/wc/infoletters.htm.

South Carolina VIEW STATE →

REGULATORY ACTIVITY:

• Published the agenda and meeting material for the Commission business meeting held on October 21, 2019.  To view the notice, go to https://wcc.sc.gov/news.

Tennessee VIEW STATE →

REGULATORY ACTIVITY:

• The Medical Advisory Committee is comprised of practitioners in the medical community having experience in the treatment of workers’ compensation injuries, representatives of the insurance industry, employer representatives, and employee representatives to assist the administrator in the development of the treatment guidelines and advise the administrator on issues relating to medical care in the Workers’ Compensation system. The Medical Advisory Committee was meeting on November 5, 2019 from 1:00 p.m. to 3:00 p.m. in the Tennessee Room 1^st Floor, Side A 220 French Landing Drive, Nashville, Tennessee.
• Medical Advisory Committee's Utilization Review Working Group met Friday, November 1, 2019, 8:00 AM - 9:00 AM CDT. This meeting is open to the public and will be held in the Workers' Compensation Large Conference Room, 1st Floor, Side B, 220 French Landing Drive, Nashville, TN 37243
• Posted notice of rulemaking regarding amendments to rule Chapter 0800-02-22 Workers' Compensation Appeals Board.  The public hearing will be held on December 12, 2019 at 1:00 p.m. in the TOSHA Hearing Room at 220 French Landing Drive, 1-A Nashville, TN 37243.

Texas VIEW STATE →

REGULATORY ACTIVITY:

• On Monday September 30, TDI-DWC released its 2019 Workers' Compensation Network Report Card Results. The report was prepared by the Workers’ Compensation Research and Evaluation group (WCREG) and compares the quality, costs, health care provider availability, and other factors of workers' compensation health care networks with each other and with medical care provided outside of networks.  As background, TDI began certifying workers’ compensation healthcare in 2006 and as of June 1, 2019, there are now 30 certified networks covering all 254 Texas counties. Among the report highlights:
  • For 2019, 48% of new claims are being treated in a network
  • Average medical costs at 18 months remain lower in network than non-network ($3091 v $3396)
  • Return-to-work rates are high in both network and non-network but slightly higher in network (94% v 90%)
  • Injured workers being treated in a network reported higher satisfaction with care

• Published an update on recent legislative changes. To view the update, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.
• The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is accepting public comments on proposed amendments to 28 Texas Administrative Code (TAC) §§2, 124.3, 180.8, and 180.26 to implement Senate Bill 2551, 86th Legislature. These amendments involve process changes for claims that may qualify for a presumption under Texas Government Code, Chapter 607, Subchapter B.  Editorial corrections are made throughout these rules to provide clarity and to align with current agency style.   To view the notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html. To view the proposed rules, go to https://www.tdi.texas.gov/wc/rules/drafts.html.

Virginia VIEW STATE →

FEE SCHEDULE NEWS:

• A new Medical and Facility fee schedule has been adopted with an effective date of January 1, 2020.

REGULATORY ACTIVITY:

• As the Commission continues to upgrade WebFile, several enhancements will soon go into effect. One of the enhancements will require and prompt all WebFile users to create new passwords and new answers to security questions. Please know this is part of our upgrade plan and is expected system behavior. NOTE: You will not be able to reuse your existing password or passwords used within the last twelve months. To view this notice, go to http://www.workcomp.virginia.gov/news/WebFile-Special-Notice

Virginia Auto VIEW STATE →

REGULATORY ACTIVITY:

• Published administrative order 12088 regarding the application of automobile insurance plans service office.  To view the order, go to https://www.scc.virginia.gov/boi/adminords/2019.aspx.

Washington VIEW STATE →

REGULATORY ACTIVITY:

• Published a coverage decision for diaphragmatic/phrenic nerve stimulation, aka diaphragm pacing, involves electrical stimulation of the phrenic nerves at the level of the neck/thorax or at the level of the diaphragm to cause contraction of the diaphragm. The diaphragm movement creates negative pressure and pulls air into the lungs as in normal breathing. Diaphragmatic pacing can be used in patients with ventilatory failure due to severe weakness or paralysis of the diaphragm as a means to eliminate or reduce the need for ventilatory support. overage decision: Covered with conditions (Effective date: December 1, 2019).  Authorization is requirements.  For additional information, go to https://lni.wa.gov/patient-care/treating-patients/conditions-and-treatments/?query=Diaphragmatic%2Fphrenic+Nerve+Stimulation+%28Diaphragm+pacing%29.
• Adopted rule 296-19A regarding vocational rehabilitation.  This rule adoption supports L&I’s vocational recovery effort by: ensuring expectations of vocational providers are better aligned with the return-to-work language in RCW 51.32.095; addressing certain requirements for vocational firms; and outlining when and to what degree vocational providers may be subject to corrective action or sanctions. The changes were adopted 10/22/2019 and will be effective on 1/1/2020.  To view the rule, go http://www.lni.wa.gov/LawRule/WhatsNew/Proposed/default.asp?RuleID=267.

West Virginia VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice regarding an investigative hearing for air ambulance memberships. The hearing will be held on December 10, 2019 at 9:30 a.m. in the 8th floor conference room at the Offices of the Insurance Commissioner located in the West Virginia Lottery Building 900 Pennsylvania Avenue, Charleston West Virginia. To view the bulletin, go to https://www.wvinsurance.gov/.
• On September 18, 2019, Governor Justice appointed Charleston attorney Bradley A. Crouser  Chief  Administrative  Law  Judge  of  the  Workers  Compensation  Office  of Judges within the Offices of the Insurance Commissioner. His four-year term begins December 2, 2019.  Crouser is a graduate of the WVU College of Law.    He  has  served  as  a  Marion County  Magistrate,  Deputy  Commissioner of  the  West  Virginia  Department  of Finance and Administration, was Executive Secretary of the West Virginia Workers Compensation  Fund, and  was  Tax  Commissioner  of  West  Virginia.  In  private practice  his  primary  area  of  concentration  was  workers  compensation  and  federal black lung litigation.  Most recently he served as Staff Attorney for Supreme Court of Appeals Justice Tim Armstead.
• Published the 2020 Benefits Calendar for Workers' Compensation.  To view the calendar, go to https://www.wvinsurance.gov/Workers-Compensation.