Alabama VIEW STATE →

FEE SCHEDULE NEWS:

• The state has adopted a new Medical and Hospital Fee Schedule effective March 1, 2020. The next expected update is July 1^st, 2020 for the Hospital Fee Schedule.

REGULATORY ACTIVITY:

• Issued Bulletins No. 2020-02 through No. 2020-05 for the Department of Insurance’s responses to the COVID-19 Emergency. To view the bulletins, go to https://www.aldoi.gov/Consumers/COVID19.aspx.

Alaska VIEW STATE →

REGULATORY ACTIVITY:

• Issued Bulletins No. 20-02 through No. 20-04 for information about COVID-19 Virus Guidance. To view the bulletins, go to https://labor.alaska.gov/wc/bulletins.htm.

Arizona VIEW STATE →

FEE SCHEDULE NEWS:

• The Industrial Commission of Arizona has adopted changes to the Fee Schedule with an effective date of March 26, 2020, for telemedicine services and testing for COVID-19.

REGULATORY ACTIVITY:

• The Industrial Commission of Arizona, in response to the COVID-19 public health emergency and to safeguard the health and welfare of Arizona's workforce, considered recommended changes to the 2019/2020 Arizona Physicians' and Pharmaceutical Fee Schedule to allow for COVID-19 tests, virtual check-ins, and e-visits. These proposed changes to the Fee Schedule are aligned with the newly developed benefits from the Centers for Medicare and Medicaid Services (CMS). The Medical Resource Office presented the recommendations below to the Commissioners at the Industrial Commission of Arizona's Commission meeting on Thursday, March 26, 2020, at 1:00 pm. The Medical Resource Office Recommendations were:
  • Adoption of Three CPT®-4 Codes Included in the 2020 Edition of the American Medical Association's Physicians' Current Procedural Terminology, Fourth Edition for E-Visits, 99421-99423. The three codes are used for E-Visits, which are non-face-to-face, patient-initiated communications with a physician using online patient portals. These e-services can only be reported when the billing practice has an established relationship with the patient.
  • Adoption of Three Healthcare Common Procedure Coding System (HCPCS) Level II G Codes for E-visits by a Qualified Non-Physician Healthcare Provider, G2061-G2063. The three codes are used for E-Visits which are non-face-to-face, patient-initiated communications with a qualified non-physician healthcare provider by using online patient portals. These services can only be reported when the billing practice has an established relationship with the patient.
  • Adoption of Two Healthcare Common Procedure Coding System (HCPCS) Level II G Codes for Virtual Check-ins, G2010, and G2012. The two codes are used for a Virtual Check-in with doctors and certain practitioners via a number of communication technology modalities, including synchronous discussion over a telephone or exchange of information through video or image. Virtual check-ins are initiated by the patient and may be performed via multiple technology modalities, including telephone, secure text messaging, email, or use of a patient portal. Virtual check-ins can be conducted with a broader range of communication methods, unlike telemedicine services, which require audio and visual capabilities for real-time communication.
  • Adoption of Two Healthcare Common Procedure Coding System (HCPCS) U Codes for Laboratory Testing for infection of SARS-CoV-2/2019-nCoV (COVID-19), U0001 and U0002. Laboratories performing testing will use the new HCPCS codes for testing after February 4, 2020.
  • Adoption of One CPT®-4 Code Included in the 2020 Edition of the American Medical Association's Physicians' Current Procedural Terminology, Fourth Edition for Pathology and Laboratory specific to COVID-19, 87635. The full CPT code description for 87635 is: "Infectious agent detection by nucleic acid (DNA or RNA); severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (Coronavirus disease [COVID-19]), amplified probe technique.".

Staff recommendations can be found on the Industrial Commission of Arizona website at  

https://www.azica.gov/sites/default/files/media/2019-2020%20Fee%20Schedule%20Update%20Memo%20%26%20Proposal%20%283-20-20%29.pdf.

Arkansas VIEW STATE →

REGULATORY ACTIVITY:

• The Arkansas Workers' Compensation Commission offices are closed to the public in accordance with state guidelines concerning limiting COVID-19 exposure. All prehearing conferences, joint petitions, and full hearings for the next two weeks are postponed until further notice. Applications for Certificates of Non-Coverage must be submitted by mail to P.O. Box 950, Little Rock, AR 72203-0950. If you have any questions, please call   501-682-3930or1-800-622-4472. You may also contact the Commission via email at awcc.info@arkansas.gov.

California VIEW STATE →

FEE SCHEDULE NEWS:

• The DWC has published a new file for Medi-Cal rates effective March 15, 2020. The next update is expected April 15, 2020.
•  The DWC has posted an order adjusting the Physician Services/Non-Physician Practitioner Services section of the Official Medical Fee Schedule (OMFS) to conform to changes in the Medicare payment system as required by Labor Code section 5307.1. The Administrative Director update order adopting the OMFS adjustments effective for services rendered on or after April 1, 2020, can be found at https://www.dir.ca.gov/dwc/OMFS9904.htm#7 . The next update is expected July 2020.
•   The DWC has posted an order adjusting the Pathology and Clinical Laboratory section of the Official Medical Fee Schedule (OMFS) to conform to changes in the Medicare payment system as required by Labor Code section 5307.1. The order adopts the Medicare April 2020 clinical laboratory update and includes COVID-19 testing codes U0001 and U0002. The order can be found at https://www.dir.ca.gov/dwc/OMFS9904.htm#2.
• The DWC has posted an order adjusting the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) section of the Official Medical Fee Schedule to conform to the changes in the Medicare payment system as required by Labor Code section 5307.1. The order, which is effective for services on or after January 1, 2020, adopts the Medicare April 2020 DMEPOS Fee Schedule update. The order adopting the adjustment can be found https://www.dir.ca.gov/dwc/OMFS9904.htm#3 .
• The DWC has posted adjustments to the Hospital Outpatient Departments and Ambulatory Surgical Centers section of the Official Medical Fee Schedule (OMFS) to conform to changes in the Medicare payment system as required by Labor Code section 5307.1. The changes take effect on April 1, 2020. More information and the adjustments to the hospital outpatient departments and ambulatory surgical centers section of the OMFS can be found at https://www.dir.ca.gov/dwc/OMFS9904.htm#6.

REGULATORY ACTIVITY:

• The Division of Workers’ Compensation (DWC) is updating its case management system and is offering interested respondents the opportunity to participate in a Request for Information (RFI) regarding the modernization of DWC’s Electronic Adjudication Management System (EAMS). The objective of this RFI is to:
  • Gather information about EAMS system solutions and to collect information from respondents related to the availability of software and services that can meet the State’s needs.
  • Identify potential system solutions that can meet all of DWC’s business and technical requirements.  
• The Division of Workers’ Compensation (DWC) appreciates the efforts of the workers’ compensation community to provide care for injured workers during the COVID-19 pandemic. Of paramount importance is that everyone follows all guidance from the Governor as well as federal, state and local public health agencies regarding COVID-19. After adherence to all public health guidance and orders, DWC encourages all parties to consider creative solutions appropriate to providing care to injured workers. The increased use of telehealth services for medical treatment may be appropriate. The California Business and Professions Code section 2290.5 requires that “…the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.” DWC is currently evaluating the feasibility of telemedicine for QME evaluations and will continue to do so. The use of telemedicine for a QME evaluation may be appropriate where all parties agree that there is a medical issue in dispute which involves whether or not the injury is AOE/COE (Arising Out of Employment / Course of Employment), and all parties to the action, including the physician, agree to a telemedicine evaluation in order to resolve this dispute. Although DWC is not authorizing any particular course of action, the division recognizes that in this time of medical emergency, creative delivery methods of essential medical treatment and evaluation services may be needed.  DWC realizes that QME appointments may be affected. When cancelling or rescheduling an appointment, please document the reason in the file and inform all parties as soon as possible. Given the current COVID-19 emergency, QMEs that cancel appointments fewer than 6 business days before an appointment may assert that they had good cause to do so. The current state of emergency regarding the COVID-19 pandemic presents serious public health concerns, and parties and evaluators are encouraged to work together to take any action that may be necessary to protect the health of doctors, their staff and injured workers.  Upcoming QME Examination: The QME examination scheduled for April 18, 2020 will be postponed. The exam will be rescheduled, and a new date will be announced. 
• All DWC Offices Open Except for Eureka, with Bakersfield Scheduled to Reopen on March 26. The Division of Workers’ Compensation’s mission to ensure benefits for injured workers is an essential government function. All Division of Workers ’ Compensation (DWC) district offices, with the exception of the Eureka satellite and Bakersfield offices, are open. The Eureka office will remain closed until further notice. The Bakersfield office will be closed on Tuesday, March 24, and Wednesday, March 25, to perform enhanced cleaning and disinfection due to potential COVID-19 exposure. The Bakersfield office will reopen on Thursday, March 26.  To ensure the safety of our employees, DWC will implement procedures in keeping with public health guidance on social distancing. Therefore, DWC will have limited staffing in each district office but will maintain all essential functions. DWC is closely monitoring the situation and will update the public of any changes.  DWC and WCAB announced March 16 that they are limiting court appearances to protect the health and safety of our staff and the community, in accordance with numerous public health orders suggesting that public gatherings be limited. March 23 through April 3: DWC will hear expedited hearings for parties that appear at the district offices. DWC will also hear status conferences, mandatory settlement conferences and priority conferences via CourtCall only. If all parties do not appear via CourtCall the case will be continued, and notice will be given. All other hearings will be continued. No trials or lien conferences will be heard during this time. March 17 through April 3: DWC’s district offices are closed for filing purposes. Accordingly, all filing deadlines are extended to Monday, April 6. DWC will not accept walk-through documents, walk-in filings, or any in-person requests until the district offices reopen for filing purposes. The Division’s Medical Unit, Return-to-Work Supplement Program, Uninsured Employers Benefit Trust Fund and Legal Unit are open for essential services only and will have limited staffing during this time. The WCAB Commissioners and staff are working remotely. The Commissioners’ office is closed to the public until further notice. Future updates will be issued through the Division’s website. Please continue to check the website for current status.
• Interrupted Services
  • DWC’s district offices are closed for filing purposes and all filing deadlines are extended to Monday, April 6.
  • No walk-in filings, walk-through documents or in-person requests permitted until further notice
  • WCAB Commissioner’s Office is closed to the public until further notice.
  • DWC’s hearing and conference calendar from March 23 through April 3 is limited to:
    • Expedited hearings for parties that appear at district offices
    • Status conferences, mandatory settlement conferences and priority conferences via CourtCall. If all parties do not appear via CourtCall, the case will be continued, and notice will be given
    • Open for essential services only:
    • DWC Medical Unit
    • Return-to-Work Supplement Program
    • Uninsured Employers Benefit Trust Fund
    • Legal Unit
    • Subsequent Injuries Benefit Trust Fund
• DWC Issues Emergency Measures for Medical-Legal Evaluations during Governor Newsom’s Stay-at-home Order: In line with Governor’s Newsom’s stay-at home order in response to the COVID-19 crisis issued on March 19, the Division of Workers’ Compensation (DWC) encourages primary treating physicians to continue to manage injured workers’ care through telehealth options whenever medically appropriate. Telehealth options include remote visits via videoconferencing, video-calling or similar such technology that allows each party to see each other via a video connection. These are viable alternatives to in-person physical examinations for medical-legal evaluations. DWC urges all parties to work together with the primary treating physician to anticipate and resolve any potential disputes that may result from a request for a medical-legal evaluation by a Qualified Medical Evaluator (QME). During the stay-at-home order (up to May 1, 2020), DWC finds that it may be beneficial for parties to allow telehealth for QME evaluations when an in-person physical examination is not necessary. DWC strongly recommends that all of the following conditions apply to a telehealth evaluation to promote the health and safety of all parties:
• • • The injured worker is able to participate in the telehealth evaluation without violating the stay-at-home  order.
    • The medical issue in dispute is determined to be essential to an injured worker’s benefits and must be addressed no later than May 1, 2020. The dispute must involve:
      • An evaluation relating to whether or not the injury is Arising Out of Employment/Course of Employment (AOE/COE),
      • Termination of an injured worker’s indemnity benefit payments, or
      • Work restrictions  
    • There is written agreement of the injured worker, carrier or employer, and the QME.
    • The telehealth evaluation is consistent with appropriate medical practices and ethical considerations.
    • The QME attests that the evaluation of the injured worker can be done effectively and safely by way of a telehealth evaluation and does not require an in-person physical examination.
  • DWC encourages all parties to evaluate whether medical-legal evaluations (which involve in-person physical evaluations) should be cancelled or postponed as part of the stay-at-home response to COVID-19. In some instances, a reasonable interpretation of compliance with the stay-at-home order could mean that medical-legal, face-to-face evaluations should be postponed or canceled, if it requires the injured worker or others to travel and interact with anyone outside of their immediate household.
  • The decision as to when a telehealth visit can be employed must rest on the principles of appropriate and ethical medical practice. An in-person physical examination is necessary if the injured employee’s relevant health issues are such that a physical examination done in person has significant likelihood to contribute to the examiner’s ability to formulate an accurate diagnosis, or to more accurately gauge the outcome of treatment already provided. In such an instance, parties should evaluate whether the evaluation can be cancelled or postponed. If such circumstances do not require an in-person examination, then a telehealth visit should be allowed. DWC understands that strict adherence to the time limits for scheduling, canceling or rescheduling a medical-legal evaluation, or for serving a medical-legal report, may be impractical or impossible during this public health crisis. During the month of April, DWC encourages parties to agree upon reasonable allowances and agreements. The issue of whether a medical-legal report is admissible or constitutes substantial medical evidence is determined in accordance with applicable laws and is not altered by these emergency measures. At the end of April, DWC will reevaluate whether additional emergency responses related to QME telehealth evaluations are necessary due to the COVID-19 crisis.

Colorado VIEW STATE →

FEE SCHEDULE NEWS:

•  The Division has issued an Interpretive Bulletin regarding telemedicine and COVID-19 testing. To view the notice, go to https://www.colorado.gov/cdle/medical-fee-schedule-directors-interpretive-bulletins.

REGULATORY ACTIVITY:

• The Division has issued Emergency Rules to establish procedures for Workers’ Compensation applicability during the state of emergency. The Division finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare as ensuring operation of the workers’ compensation system is imperative to preserve the health of the citizens of Colorado. To view the rule, go to https://colorado.gov/pacific/cdle/node/20506.
• As of March 26, 2020, the Customer Service lobby is closed. The call center remains open from 8:00 am to 5:00 pm. You may reach the Customer Service Unit at 303-318-8700, toll-free at 1-888-390-7936, or by emailing cdle_wccustomer_service@state.co.us.
• The Division issued bulletin number B-5.38 regarding actions to Protect Consumers with Property and Casualty Insurance Policies during the COVID-19 Public Health Emergency in Colorado.  The novel coronavirus (COVID-19) outbreak and emergency public health measures by state and local leaders has led to widespread business interruptions, unemployment, and disruption of daily activities for consumers, including but not limited to self-quarantine and isolation to protect their and the public’s health. Due to the unprecedented and extraordinary impact of the COVID-19 emergency, the Colorado Department of Public Health and Environment has issued multiple Public Health Orders including 20-20, 20-22, 20-23and 20-24, (collectively “Orders”) which have limited otherwise normal business and personal interactions and activities.

Colorado Auto VIEW STATE →

REGULATORY ACTIVITY:

• Adopted emergency regulation 20-E-03 concerning restrictions on coverage for use of a personal automobile or as an additional unnamed driver on a restaurant commercial automobile policy for food delivery during the pendency of public health order 20-22. To view the emergency regulation, go to  https://www.colorado.gov/pacific/dora/emergency-regulations?utm_medium=email&utm_source=govdelivery.

Connecticut VIEW STATE →

FEE SCHEDULE NEWS:

• The Connecticut Workers’ Compensation Commission has adopted the 2020 Official Fee Schedule for Hospitals and Ambulatory Surgical Centers effective for medical services rendered on or after April 1, 2020. The next update is expected in April 2021.

REGULATORY ACTIVITY:

• The Workers’ Compensation Commission has received numerous inquiries recently regarding contingency plans during the coronavirus outbreak. The Commission is an agency of the executive branch and as such, until directed otherwise, will continue to operate normally and hearings will go on as scheduled. If any party to a claim or member of the public has a concern about appearing for a hearing, filing documents, or other interactions which require their appearance at a district office, they are encouraged to contact the district office. Commissioners and staff will do their best to accommodate such concerns. This is obviously a very fluid situation. Any directed changes to Commission policy will be posted to the website and forwarded to all district offices for distribution immediately upon receipt. For additional information you are urged to please visit ct.gov/coronavirus.
• A detailed temporary telehealth policy from Labor & Industries (L&I) is now available and effective March 9th. The detailed policy is also available on the Medical Aid Rules and Fee Schedules (MARFS) Updates and Corrections website.  To help support containment of the COVID-19 outbreak this new temporary telehealth policy allows injured workers to use their home as an origination site.
• Effective Tuesday, March 24, 2020, parties to any telephone hearing are required to either:
  • Contact the other party and initiate the conference call to the district office; or
  • The day before the hearing, provide the district with a telephone number (direct line preferably) at which you will be available at the time of the hearing.
• Monday, March 23, 2020, Governor Lamont has suspended non-critical Workers’ Compensation Commission statutory, regulatory and administrative deadlines. WCC is hopeful these temporary deadline suspensions outlined in the Governor’s Executive Order will help to alleviate the many concerns parties have expressed to WCC during this difficult time. All parties are expected to continue to abide as closely as possible to ALL of the deadlines outlined in the Workers’ Compensation Act, including, but not limited to, Section 31-303. These are extraordinary times, and one of the several purposes of these deadline waivers is to facilitate the transacting of business. WCC is counting on all parties to not take advantage of the executive order to unnecessarily delay the processing and providing of benefits.
• WCC had to make significant staff cuts effective Tuesday, March 24, 2020, in response to the ongoing Covid-19 health crisis and the Governor’s directive to “work at home, stay at home” which is aimed at slowing the trajectory of the virus. The WCC mission to serve the needs of the people of Connecticut remains intact. There are no reductions in the number of commissioners. Commissioners remain fully dedicated and will continue to conduct hearings telephonically in order to not unnecessarily jeopardize the health of WCC staff and the public. WCC will evaluate as we go and make whatever reasonable adjustments to staff levels as are necessary and possible, to ensure WCC continues to function at the highest level possible during this health crisis. WCC will only be able to continue to function at the highest level possible, with the continued level of outstanding cooperation and patience by claimants and respondents.
• Published updated Memorandum No 2020-07 Submission of forms; Memorandum No 2020-06 WCC Form 36; and  Memorandum No 2020-05 regarding stipulation approval /hearing process.  All of these memorandums set forth policies impacted by COVID-19.  To view the memorandums, go to  https://wcc.state.ct.us/.

Connecticut Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin number IC-41 effective March 26, 2020, regarding Extension of Coverage for Personal Delivery Drivers during the Coronavirus (COVID- 19) Pandemic.

Delaware VIEW STATE →

REGULATORY ACTIVITY:

• Issued an update to bulletin number 116 Domestic and Foreign Insurer and bulletin 32 Producers and Adjusters regarding additional guidance relating to COVID-19 updated March 26, 2020.

Delaware Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued a published notice of the proposed rule to amend regulation 903-prompt payment of settlement claims. Regulation 903 contains the requirements for prompt payment of settled insurance claims as required by 18 Del.C. §2304(16). The Delaware Department of Insurance (the Department) is proposing to amend Regulation 903 to allow insurance carriers to pay settled insurance claims other than claims that are subject to the Workers Compensation Statute at 19 Del.C. §2344 by electronic means. The Department is also taking the opportunity of this proposal to make grammatical and formatting edits throughout the regulation. The authority for the proposed amendments is 18 Del.C. §§311, 520, 2304(16), and 2312, in accordance with the Delaware Administrative Procedures Act, 29 Del.C. Ch. 101. To view the proposed regulation, go to https://regulations.delaware.gov/register/march2020/proposed/23%20DE%20Reg%20730%2003-01-20.htm.  

• Issued Bulletin 116 regarding additional guidance relating to CPVOD-19 to Insurers.  Beginning on Friday, March 13, 2020, at 8  a.m., Delaware has been under the State of Emergency to prevent the spread of coronavirus  (COVID-19) in Delaware. The  Department issued guidance to carriers in the form of  Domestic and  Foreign  Insurers Bulletin  No.  115, which may be downloaded from the  Legal dropdown menu of the  Department’s website, insurance.delaware.gov.

Florida WC VIEW STATE →

REGULATORY ACTIVITY:

• Following Governor DeSantis’ Executive Order 20-52 declaring an emergency in the state of Florida in response to the COVID-19 public health emergency, the Florida Office of Insurance Regulation (OIR) issued Informational Memorandums OIR-20-01M through OIR-20-06M. To view the memorandums, go to https://floir.com/Office/Coronavirus-COVID-19.aspx.
• The Department of Financial Services division will hold a public hearing to receive public input and consider proposed changes to the following rules: Division of Workers' Compensation. Rule No.: 69L-31.002, 69L-31.003, 69L-31.004, 69L-31.005, 69L-31.006, 69L-31.007, 69L-31.008, 69L-31.009, 69L-31.010, 69L-31.011, 69L-31.012, 69L-31.013, 69L-31.014. The Division of Workers’ Compensation has changed the hearing scheduled for Wednesday, April 8, 2020, 9:00 a.m. – 11:30 a.m. to, Wednesday, June 10, 2020, 9:00 a.m. – 11:30 a.m.This hearing was previously noticed in the Vol. 46/31, February 14, 2020 issue of the Florida Administrative Register. Location: DWC 1st Floor Conference Room, 1579 Summit Lake Drive, Tallahassee, FL 32317. https://www.flrules.org/gateway/View_Notice.asp?id=23077869.

Georgia VIEW STATE →

FEE SCHEDULE NEWS:

• In response to the COVID-19 emergency, the State Board of Workers’ Compensation has issued a telemedicine guideline.  To view the guideline, go to https://sbwc.georgia.gov/.

REGULATORY ACTIVITY:

• Published Board Rule Changes Effective March 11, 2020. To view the board rule changes, go to https://sbwc.georgia.gov/statutes-and-rules/rules.
• The State Board of Workers’ Compensation continues to be open for business.  However, the Board is actively monitoring developments regarding COVID-19/Novel Coronavirus.  The safety and wellbeing of our staff and visitors are of utmost concern. In accordance with state guidelines concerning limiting COVID-19 exposure, workers’ compensation hearings scheduled for the period Monday, March 16, 2020 through Monday, April 13, 2020, are being postponed.  Parties will be sent a reset notice. The Board will continue to handle settlements, Petitions for Medical Treatment (PMTs), motions, conference calls and any emergency situation.  To view the full notice, go to https://sbwc.georgia.gov/notice-regarding-hearings-and-mediations.

Hawaii WC VIEW STATE →

REGULATORY ACTIVITY:

• Published a notice regarding classifying worker exposure to SARS-COV-2.  To view the notice, go to http://labor.hawaii.gov/blog/news/classifying-worker-exposure-to-covid-19/.

Idaho VIEW STATE →

FEE SCHEDULE NEWS:

•  The Idaho Industrial Commission has issued a Telehealth Policy Memo. To view the notice, go to https://iic.idaho.gov/wp-content/uploads/sites/16/2020/03/Telehealth-Policy-Memo.pdf.

REGULATORY ACTIVITY:

• The Commission has issued an Emergency Order and updated Rules of Practice and Procedure in response to COVID-19. To view the emergency rule and updated rules, go to https://iic.idaho.gov/.

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• The Commission has issued Memorandums for updated IWCC Emergency processes and protocols.  To view the Memorandums go to https://www2.illinois.gov/sites/iwcc/Pages/default.aspx.

Indiana VIEW STATE →

REGULATORY ACTIVITY:

• The Workers’ Compensation Board is carefully following the direction of Governor Holcomb as details of the outbreak of COVID-19 in Indiana unfold.  If the practices set out herein must be changed, a similar notice will be issued. Continuity of business is a goal, while also taking steps to keep everyone safe.  While the Board will honor law firm, employer and insurance carrier directives to their staff to not attend live hearings, only one such continuance will be granted per case at this time.  We will expect all professionals to continue to work their cases and make themselves available for telephonic hearings unless a personal condition requires separate consideration.  If hearings in a particular venue cannot be conducted because of a facility closing, the entire docket will be moved to another date with telephonic hearings available for most cases set for final hearing. You should check the website of the location for details, but the Board will send out a notice if the docket is set over.  Please do not contact the Board to ask. If a hearing location is closed and the parties agree a live hearing is necessary, arrangements may be made to conduct the hearing at our office. Individual hearing districts may have specific directives regarding the submission of cases for decision.  These will be dispersed to parties in a timely manner.  In all districts, if a telephonic hearing is scheduled, the parties must mail or drop off evidentiary documents and the parties’ stipulations to the Board’s office at least one week before hearing.  At this time, we will accept electronic signatures on settlement agreements.  Remember that only settlements are to be sent to the district email boxes.   Please read the Notice from March 13th regarding electronic filings.  All other pleadings, agreements, and forms must still be mailed to the Board. We are still planning to conduct Full Board hearings at our office on April 27th,  2020.  Hearings will be appropriately timed to avoid a crowd in the hearing room as the time draws closer. As stated in the notice of February 21, 2020, the Board will begin monitoring FROI filings beginning in April.  However, no determination of a start date for issuing penalties has been made at this time.  Please trust we will not do so during this time of flux and without providing advance notice.  However, getting payments out to injured workers and insuring they receive necessary medical care must be paramount for all working within the Indiana workers’ compensation community. For the latest agency directives, go to https://www.in.gov/wcb/.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• The Iowa Workers' Compensation Commissioner issued the Order, In the Matter of Coronavirus/COVID-19 Impact on Hearings, changing the method by which all regular proceeding hearings scheduled to occur between March 18, 2020, and June 16, 2020, will be held from in-person to Internet-based video, using CourtCall.  To view the notice, go to https://www.iowaworkcomp.gov/order-coronavirus-covid-19.
• Effective March 23, 2020, the public will not have access to the DWC offices past the lobby. There will be an intercom set up in the lobby to allow members of the public to contact individual staff remotely when necessary. If you wish to contact DWC, please use email or telephone in order to help mitigate the spread of COVID-19.

Kentucky VIEW STATE →

FEE SCHEDULE NEWS:

• The Kentucky Department of Workers’ Compensation has adopted new Hospital Cost-to-Charge ratios effective April 1, 2020. The next update is expected in April 2021.

REGULATORY ACTIVITY:

• Posted notice regarding a proposed amendment to 803 KAR 025:010 regarding the procedure for adjustment of claims.  To view the notice, go to https://labor.ky.gov/comp/Pages/default.asp.
• Issued bulletin 2020-01 to all insurers, agents or other persons licensed by the Kentucky Department of Insurance regarding the reporting of suspected fraudulent insurance acts.

• The Department has released several notices regarding procedures and guidelines pertaining to COVID-19. To view the notices, go to https://labor.ky.gov/comp/Pages/default.aspx#COVID-19_Issues.

   

Louisiana VIEW STATE →

REGULATORY ACTIVITY:

• Louisiana published technical corrections to their Pain Management Treatment Guidelines that were effective February 1, 2020. 
• The Commission has issued bulletins and emergency rules in response to the COVID-19 pandemic and its impact on injured workers. To view the notices, go to http://www.laworks.net/PublicRelations/COVID_19_Information.asp.

Maine VIEW STATE →

REGULATORY ACTIVITY:

• Published an updated list of certified self-insurers. The list is updated as of March 2, 2020.
• Published Bulletin 442 regarding Emergency Measures Responding to the Coronavirus Pandemic. To view the bulletin, go to https://www1.maine.gov/pfr/insurance/legal/bulletins/index_by_number.html.
• In response to concerns regarding COVID-19, the Workers’ Compensation Board is working to strike an appropriate balance between conducting business and supporting social distancing. Please be aware that effective immediately:
  • Troubleshooting will be conducted by phone.
  • Mediations will go forward as scheduled and may be conducted by phone.
  • Hearings and conferences will go forward as scheduled and unless alternative arrangements are made in advance, proceedings will continue to be held in person.
• If the Administrative Law Judge (ALJ) approves, proceedings may be continued or conducted by phone or CourtCall. To ensure all parties are aware of what is happening with respect to individual cases, requests for continuances or to conduct proceedings by phone or CourtCall must be made on a case-by-case basis. While the ALJ's will be as flexible and accommodating as possible, Board offices are open, and proceedings will continue to be held in person unless alternate arrangements are made. If you have any questions, please contact us. Finally, we encourage everyone to stay informed. You can access the Maine CDC website at https://www.maine.gov/dhhs/mecdc/infectious-disease/epi/airborne/coronavirus.shtml.

Maryland VIEW STATE →

REGULATORY ACTIVITY:

• On March 26, 2020, in concert with Governor Hogan’s Executive Orders and Chief Judge Barbera’s Emergency Administrative Order of March 25, 2020, the Commission is canceling all dockets that were previously scheduled through May 1. Our offices will remain closed to the public through that date, as well, but a very limited group of staff will continue working on site. The remainder of our team will be working from home. Cases that are postponed will be reset on a priority basis beginning May 4, 2020, upon return to normal operations. It is our intention to set morning and afternoon dockets when the Commission resumes regular hearings. Due consideration will be given all circumstances regarding whether the claims are ready to be held. Emergency hearings will be scheduled as needed in the interim. EHR forms must be filed, but preferably with the WCC electronic filing system (WFMS). Commissioners will continue to review these requests and those approved will be set in the coming weeks. To view this notice and other updated news, go to https://www.wcc.state.md.us/.

Massachusetts VIEW STATE →

REGULATORY ACTIVITY:

• Massachusetts published 3_19_2020 Administrative Bulletin on New case Protocol.  In light of emerging developments and public health concerns regarding the COVID-19 (coronavirus) pandemic and the actions ordered by the Governor, the Department of Industrial Accidents issues the following Case Protocol to protect the public health by reducing the risk of exposure to the virus and slowing the spread of the disease.  These restrictions are temporary but will remain in place until it is determined to be safe to remove them.
• Issued bulletin 2020-05 regarding the flexibility in the issuance and administration of insurance fund COVID-19.

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Clinical Lab – CMS has released the new April 2020 Clinical Lab database. The next update is expected in July 2020.
• Outpatient and ASC – CMS has released the new April 2020 Outpatient and ASC data. The next update is expected in July 2020.
•   Telehealth – CMS has updated the list of covered telehealth services during the Public Health Emergency. To view the updated list, go to https://www.cms.gov/Medicare/Medicare-General-Information/Telehealth/Telehealth-Codes.
• CMS has released ICD-10-CM Official Coding guidelines for COVID-19 testing and diagnosis. To view the guidelines, go to https://www.cdc.gov/nchs/data/icd/COVID-19-guidelines-final.pdf

Michigan VIEW STATE →

REGULATORY ACTIVITY:

• Effective March 16, 2020, at 5:00 p.m., the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of Magistrates is suspending in-person hearings until April 20, 2020.
• During the COVID-19 crisis, the Claims Department at the Workers' Disability Compensation Agency will accept claim forms submitted via mail, fax and email at the following: Fax number:517-284-8920; Email: hazeld2@michigan.gov or fedewaj5@michigan.gov. Michigan Department of Labor and Economic Opportunity, Workers' Disability Compensation Agency, P.O. Box 30016, Lansing, MI 48909. Forms must be filled out with all required information and a copy provided to the injured worker.
• Posted notice of 2 requests for rulemaking regarding workers' disability compensation appeals commission general rules and workers' compensation board of magistrate’s general rules.

Michigan Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin 2020-08-INS regarding temporary regulatory flexibility re COVID-19. To view the bulletin, go to https://www.michigan.gov/documents/difs/Bulletin_2020-08-INS_684451_7.pdf.

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• Announcement regarding workers’ compensation and COVID-19. If you contract a disease that arises out of and in the course of your employment, you may be entitled to workers’ compensation benefits, including payment of wage loss and medical benefits. However, you must show that you contracted the disease due to your employment. If an emergency responder contracts an infectious or communicable disease that they are exposed to in the course of employment outside of a hospital, the disease is presumed to be an occupational disease due to the nature of their employment. If you are not ill but must stay home from work because you were exposed to the virus, you are not entitled to workers’ compensation benefits under current law. Every case is fact-specific. Call the Department of Labor and Industry at 800‐342‐5354 (press 3) if you have a question about whether you are entitled to workers’ compensation benefits.
• On March 13, 2020, Governor Walz issued emergency Executive Order 20-01 declaring a peacetime emergency related to COVID-19 and advising agencies and the public to observe the Minnesota Department of Health (MDH) guidance on community mitigation and other measures to protect public health. In consideration of these measures and the developing COVID-19 situation, DLI encourages qualified rehabilitation consultants (QRCs) to limit in-person meetings and implement social distance measures when providing a rehabilitation consultation and other rehab services to injured workers. Placement vendors and staff that meet with injured workers are also encouraged to conduct meetings by phone or video.  Until further notice, the Department of Labor and Industry (DLI) will not take any enforcement action under Minn. R. 5220.0130 against any QRC who conducts a rehabilitation consultation with an injured worker by telephone or video, rather than in person. DLI will keep you informed of any other changes caused by COVID-19. More information on COVID-19 is available on MDH’s web site.  Questions? Contact Mike Hill at mike.hill@state.mn.us or 651-284-5373.
• Work comp mediations, conferences to be conducted remotely beginning March 23: The Department of Labor and Industry (DLI) is committed to providing a safe environment for both the people we serve and our employees. Following guidance from Governor Tim Walz and the Minnesota Department of Health, we are taking aggressive steps to prevent the spread of COVID-19, including through social distancing strategies. All DLI services remain available and we are striving to operate in as normal a manner as possible. We have transitioned some staff members to working remotely, but all staff members have the tools to respond and provide service by telephone or email. You can reach us via email at dli.workcomp@state.mn.us or phone at 651-284-5032. You may also contact your assigned mediator for more information.

Mississippi VIEW STATE →

FEE SCHEDULE NEWS:

• The Department of Workers’ Compensation had adopted new codes and policies regarding telemedicine services with an effective date of March 16, 2020.

REGULATORY ACTIVITY:

• Issued insurance bulletin 2020-1 regarding insurance coverage regarding the use of telemedicine during the COVID-19 Crisis. To view the bulletin, go to http://www.mid.ms.gov/legal/bulletins/20201bul.pdf.

Missouri VIEW STATE →

REGULATORY ACTIVITY:

• Effective March 19, 2020, all in-person docket settings and trials are canceled through April 17, 2020.
• Issued Bulletin 20-07 regarding provisions of services via telehealth.  The bulletin was issued on March 26, 2020, by the Department of Commerce and Insurance. To view the bulletin, go to https://insurance.mo.gov/laws/bulletin/documents/TelehealthBulletin.pdf

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• New audience-oriented website format: Posted: 05 Mar 2020: Our website has been reorganized for use by different audiences. Workers, employers, and others can find their information in one or two clicks.  Most “bookmarked” links to our website will no longer work. We hope the new format will help offset this issue. Future content updates should not impact your bookmarks.  We welcome your feedback about the website.  To view the new website, go to https://www.wcc.ne.gov/.
• Published a message from the Presiding Judge regarding Nebraska Workers' Compensation Court's operations during the CONVID-19 pandemic.  To view this message, go to https://www.wcc.ne.gov/home/court-news.

Nevada VIEW STATE →

REGULATORY ACTIVITY:

• In response to Governor Sisolak's closure of nonessential businesses in Nevada and in an effort to help reduce the economic pressures associated with these closures, the Workers' Compensation Section (WCS} is providing a 60-day grace period for payments owed to WCS. Nevada businesses owing a debt to  WCS for one or more fines and/or premium penalties and paying monthly according to a  payment agreement may postpone any payments due between now and May 29th by 60  days. The continuance of the grace period will be re-evaluated during the week of  May 25,  2020.

New Hampshire VIEW STATE →

REGULATORY ACTIVITY:

• DOL Hearings Update: March 19, 2020: Effective immediately the Department is not conducting in-person hearings. This applies to all administrative hearings at the Department. Scheduled hearings will either be conducted via telephone or continued. Parties who are scheduled to appear for a first level workers' compensation hearing or a wage claim hearing are encouraged to email DOLhearings@dol.nh.gov with any questions. Questions regarding the scheduling of a CAB hearing should be directed to Danielle.Albert@dol.nh.gov and Beyer@dol.nh.gov.
• The Department of Labor Lobby: March 26, 2020: The Department of Labor is operational at this time; however, the Lobby is closed to the public due to the COVID-19 crisis. We are very sorry for this inconvenience. You are welcome to call 603-271-3176or603-271-3177for questions. Our business hours are 8 am-4:30 pm Monday through Friday.  There is staff in the building if you need to pick up or drop off documents.

New Jersey WC VIEW STATE →

REGULATORY ACTIVITY:

• Due to COVID-19 the Division of Workers’ Comp is operating with a skeleton crew. All phones are offline. Filings continue to be accepted electronically through COURTS On-line.
• In accordance with Governor Murphy’s Executive Orders 107 and 119, to slow the spread of the virus, all N.J. workers’ compensation courts shall continue to be closed to the public and to non-essential court personnel until April 27, 2020. To view the notice, go to https://www.nj.gov/labor/wc/content/notices.html#Ct_close_033020.

New Mexico VIEW STATE →

REGULATORY ACTIVITY:

• The Workers’ Compensation Administration has posted several communications in response to the COVID-19 pandemic. To view the notices, go to https://workerscomp.nm.gov/Communications.

New York VIEW STATE →

FEE SCHEDULE NEWS:

• The Workers’ Compensation Board has adopted changes to the New York Drug Formulary with an effective date of April 1, 2020.

REGULATORY ACTIVITY:

• On November 13, 2009, the Board published Subject No. 046-372, which announced that the Board would not approve Section 32 Waiver Agreements that required the claimant to indemnify and hold the carrier harmless for any payment made by Medicare for treatment of claimant’s work-related injuries prior to the execution of the Section 32 Waiver Agreement. Since the publication of Subject No. 046-372, Section 32 Waiver Agreements have been submitted to the Board for approval containing similar provisions whereby the claimant has agreed to indemnify and hold harmless the carrier for its potential financial liability. Recently, the Board has received Section 32 Waiver Agreements which provide that the claimant will indemnify and hold harmless the carrier in the event that the carrier incurs liability as to the result of the claimant’s failure to safeguard the funds in a self-administered Medicare set-aside account established pursuant to the agreement. The Board has determined that it will not approve any Section 32 Waiver Agreement that requires a claimant to indemnify and/or hold harmless the carrier. Given the disparity in bargaining power and financial resources between individual claimants and insurance carriers, the Board believes such provisions, regardless of the particular liability for which the carrier seeks indemnification, are unfair and unconscionable (see WCL § 32[b][1]) and have no place in an agreement settling a claim for workers’ compensation benefits.  To view this bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_372.jsp.
• The Board has adopted on an emergency basis for an amendment to 12 NYCRR 441.2 to update the New York Workers' Compensation Drug Formulary(NY WC Formulary). Please see the Adoption of Amendment to 12 NYCRR 441.2 (April 2020) at http://www.wcb.ny.gov/content/main/wclaws/drug-formulary-441-2_20200401/. A Notice of Emergency Adoption and Proposed Rulemaking was published in the March 18, 2020, edition of the State Register. This emergency rulemaking will become effective on April 1, 2020. The Board will accept comments for 60 days from March 18^th. Please submit comments by emailing regulations@wcb.ny.gov. A full copy of the revised NY WC Formulary can be found at NY WC Formulary. Specific modifications can be found at NY WC Formulary Change Tracker. To view the notice, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1273.jsp.
• Issued bulletin subject number 046-1211 regarding the procedure for determining awards for certain schedule losses of use.  This Subject Number concerns claimants who are working at full wages and have evidence of Schedule Loss of Use (SLU) to limbs, vision loss, or hearing loss, as well as established non-schedule injuries (usually back or neck) stemming from the same accident. This Subject Number supersedes 046-1211 issued October 4, 2019, in its entirety. The entire ‘Stipulation Attachment’ discussed in Subject Number 046-1211 will no longer be necessary, and the form and associated FAQs will be removed from the Board’s website. Any cases with stipulation attachments submitted prior to the issuance of this Subject Number will continue to be processed as before. Pursuant to three decisions issued by the Appellate Division, Third Department on February 27, 2020, the Board will proceed to resolve Schedule Loss of Use (SLU) claims for claimants whose claims have been established for both schedule and non-schedulable body parts, and who are presently working at full pre-injury wages. Those decisions are Matter of the Arias v City of New York, Matter of Saputo v Newsday, and Matter of Fernandez v New York University Benefits [formal citations omitted].  Specifically, the Court held that “…where a claimant who has sustained both schedule and non-schedule permanent injuries in the same work-related accident has returned to work at preinjury wages and, thus, receives no award based on his or her nonscheduled permanent partial disability classification, he or she is entitled to an SLU award.” [Matter of Fernandez; underline in original]. Revisiting prior decisions: If the Board issued a prior decision contrary to the newly issued Court decisions, the Board would reopen the cases upon request. Claimants’ attorneys can file a Request for Assistance by Injured Worker (Form RFA-1) citing the circumstances. Unrepresented claimants can call the Board, or send in a letter, email, or Form RFA-1. Also, if the Board discovers that this has occurred in a case involving an unrepresented claimant, it will pro-actively reopen the case. The reopening protocol will apply whether the decision was issued by a conciliator, law judge, or Board Panel. In short, if the Board made a prior finding that a claimant who is working at full wages, with established SLU and non-SLU body sites from the same accident, and thus was not entitled to an SLU once permanency was found, the Board will proceed to make the correct ruling per the Court decisions. Going Forward: Stipulations: If the parties stipulate to permanency, all established sites must be addressed in the Stipulation (Form 300.5 or Form 312.5), by indicating the agreed-upon findings. For each of the SLU sites, that means stating the percentage of loss of use. For each of the non-schedule sites, that means indicating either a) that the site(s) is/are permanently disabled, and the percentage of loss of wage-earning capacity, or b) a finding that the site is fully resolved with no permanent impairment. A specific medical report covering the non-schedule site(s) is not a pre-requisite, so long as the parties agree. The stipulation should also indicate that the claimant is working at pre-injury wages so that the Board knows to indicate that it is fully payable. When the decision is issued, the carrier must then pay the SLU amount directed. Adjudication: If medical (the Doctor’s Report of MMI/Permanent Impairment (Form C-4.3), or a carrier’s independent medical examination (IME)) addresses permanency for all established SLU and non-SLU sites, the Board will set a hearing on permanency, and the Workers’ Compensation Law Judge (WCLJ) will develop the record. The WCLJ will make findings on Loss of Wage-Earning Capacity, claimant’s present work status and, dependent on that finding, SLU. When the decision is issued, the carrier must then pay the SLU amount directed. If medical (Form C-4.3 or a carrier’s IME) addresses all of the SLU sites, but not the non-SLU sites, the Board will commence the Form 81.7 process, wherein the other party is advised that it can obtain a medical opinion, and the parties can conduct depositions if desired. At the end of that process, if the parties have reached an agreement they will submit the Stipulation (Form 300.5 or Form 312.5), which will be processed by the Board (see Stipulations, above). If there is no stipulation, the Board will take further action once all established sites are addressed by medical evidence, per the Court decisions referenced above. In particular, in Matter of Fernandez, the Court held that “…absent a finding of permanency as to the established neck and back injuries…” the SLU is not presently payable. To reiterate, the parties can so stipulate, or one or both parties can submit medical evidence of permanency to all established sites, and the case can then move forward. Credit: When an SLU is awarded in a case with other established non-SLU sites, the carrier is entitled to a credit against any future awards for causally related disability arising from any established injury site. If there are any questions regarding a claim, please call the Customer Service toll-free number: (877) 632-4996, or for more general information feel free to email officeofgeneralcounsel@wcb.ny.gov.  To view the bulletin, go to  http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1211.jsp.
• To preserve public and workforce safety, effective immediately, the Board will conduct workers’ compensation hearings remotely, using the Board’s Virtual Hearings service. Virtual Hearings allow injured workers, attorneys/representatives, witnesses and other participants to attend workers’ compensation hearings remotely using a computer or mobile device. For the very small number of hearings that are not held using Virtual Hearings (discrimination cases under WCL § 120), the Board will contact the participants regarding further proceedings. Please visit the Board’s Virtual Hearings webpage at ny.gov/virtual-hearings/for complete details on how to attend a hearing using virtual hearings. Injured workers can also choose to appear by phone by calling (844) 337-6301. If you are an unrepresented injured worker and are unable to participate in your hearing, it will be rescheduled.
• Some Board Locations Closed Additionally, following a mandate by Governor Cuomo, the following Board locations are temporarily closed to the public starting Monday, March 16, however, the Board will strive to continue operations remotely.
• Brooklyn District Office
• Garden City Customer Service
• Long Island District Office (Hauppauge )
• Manhattan District Office
• New City Hearing Point
• Queens District Office
• Staten Island Customer Service Center
• White Plains Customer Service Center

• The Chair has adopted on an emergency basis, amendments to allow telemedicine in some circumstances for social distancing purposes due to the outbreak of COVID-19. These amendments are to 12 NYCRR 325-1.8, 329-1.3, 329-4.2, 333.2, and 348.2. A Notice of Emergency Adoption will be published in the April 1, 2020 edition of the State Register. This emergency rulemaking is effective for 90 days upon filing March 16, 2020.  To view a copy of this bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1278.jsp. For additional information regarding this bulletin, go to http://www.wcb.ny.gov/content/main/wclaws/Covid-19/.
• On March 16, 2020, the Board published a COVID-19 Guidance Document describing the anticipated impacts on the workers’ compensation system due to the current public health crisis and steps taken by the Board in response. In addition, the Board has commenced mandatory remote-only Virtual Hearing attendance and continues to work to ensure, to the greatest extent possible, ongoing operations and benefits flow to injured workers.  Since issuing the initial COVID-19 Guidance Document on March 16, 2020, the Board has received many questions from attorneys about the need for signatures on certain documents. Many attorneys, other law firm staff and employees of payers and administrators are working from home during this crisis and are unable in some instances to submit required forms with original handwritten signatures. To that end, the Board is hereby suspending until further notice the requirement for original handwritten signatures on the forms (all language versions), which require the signatures of claimants, attorneys, payers, and administrators, during the current state of emergency.  To view this notice go to http://www.wcb.ny.gov/content/main/TheBoard/COVID-19-signature-requirements.jsp.

North Carolina VIEW STATE →

REGULATORY ACTIVITY:

• Governor Roy Cooper has nominated Wanda Blanche Taylor for appointment as a Commissioner to the North Carolina Industrial Commission for a six-year term, pending confirmation by the North Carolina General Assembly. Ms. Taylor is a native of Plymouth, North Carolina. She is a Fellow of the College of Workers’ Compensation Lawyers and received her Juris Doctor at the University Of North Carolina School Of Law at Chapel Hill and her undergraduate degree at Duke University. Currently, Ms. Taylor is the Director of Litigation/Counsel at Key Risk Insurance (a Berkley Company), and she also serves as a member of the North Carolina Board of Certified Public Accountant Examiners. Ms. Taylor is a former Chief Deputy Commissioner of the North Carolina Industrial Commission, where she served as an adjudicator for twenty years. She also has represented both employees and employers/insurers in private practice.
• In order to protect public health and safety, and in light of Chief Justice Beasley’s March 13, 2020 Order requiring local courts to postpone most cases in district and superior court for at least 30 days, the Industrial Commission has instituted the following policies for hearings, effective immediately and continuing until further notice. These policies apply to all hearings that are scheduled to take place on or after Monday, March 16, 2020:

Deputy Commissioner Hearings

With the exception of hearings on medical motions arising under G.S. §97-25(f), all Deputy Commissioner hearings scheduled to be heard in March or April of 2020 will be continued to be reset on the next available docket, unless the parties are notified otherwise. Deputy Commissioner Hearings on medical motions arising under G.S. §97-25(f), which are statutorily required to be held within 30 days of the filing of the motion or appeal, will not be continued. The Deputy Commissioner before whom the hearing is scheduled may, however, excuse the parties from appearing at the G.S. §97-25(f) hearing if the parties and the Deputy Commissioner agree that no lay witnesses are needed to decide the case, based on the parties’ stipulated facts and exhibits. If the parties are excused from appearing at the hearing because no lay witnesses are needed, the parties should proceed as usual with obtaining any expert medical testimony needed to close the record.

Full Commission Hearings

All Full Commission oral arguments will be conducted by conference call. The Full Commission panel chair will provide the parties with a toll-free number and access code to dial into the conference call. Consistent with the existing procedure, all oral arguments will continue to be recorded by a court reporter, with the exception of medical motion oral arguments made pursuant to 11 NCAC 23A .0609A(h).

Executive Secretary Hearings

Consistent with the existing procedure, all informal telephonic hearings conducted by the Executive Secretary’s Office will be by conference call.

Effective March 23, 2020, and continuing through the end of April 2020, the Commission’s COVID-19 procedure for medical motion hearings arising under G.S. §97-25(f) is amended as follows: All medical motion hearings before Deputy Commissioners shall be conducted with the parties appearing remotely. The presiding Deputy Commissioner will provide the parties a toll-free number and access code to dial into the remote hearing. Consistent with the existing procedures, hearing testimony will be recorded by a court reporter. Upon approval by the Deputy Commissioner, the parties will not be required to appear remotely if they stipulate that no lay witness testimony is necessary or agree to take any needed lay witness testimony by deposition. In such cases, the parties shall submit a Pre-Trial Agreement and a set of stipulated exhibits, and then proceed to take medical depositions. Parties are strongly encouraged to explore options to avoid the necessity of appearing remotely by stipulating to facts in the Pre-Trial Agreement and/or by agreeing to take any needed lay witness testimony by deposition.

• Industrial Commission Request to Attorneys Working Remotely

The Executive Secretary’s Office has been receiving a high volume of phone calls from legal assistants inquiring about the status of orders in cases where the orders already have been emailed to the attorneys. The Commission requests that attorneys working remotely please advise their assistants when orders are received. In the alternative, the Commission will transmit orders to both the attorney and the legal assistant if both email addresses are provided on the proposed order.

• COVID-19 Response: Industrial Commission Secure Leave Policy

The Industrial Commission recognizes that the COVID-19 pandemic will result in attorneys having to reschedule vacations, non-emergency medical procedures, and other plans for which secure leave was obtained. The rescheduled plans may then fall within the same calendar year for which three weeks of secure leave already has been granted and/or may not be known until less than 90 days before the requested secure leave period. Any attorney faced with this situation may file a motion under 11 NCAC 23E .0301 (Waiver of Rules) asking for a waiver or variance of the requirements or provisions of 11 NCAC 23E .0104 (Secure Leave Period for Attorneys). This motion should be filed in conjunction with the new secure leave written request.

• Industrial Commission Accepting Agreements Signed Via DocuSign

The Industrial Commission has received inquiries about allowing employees to sign agreements via DocuSign in order to encourage social distancing. Because DocuSign is widely used in the North Carolina legal community for agreements and other transactions, the Industrial Commission is accepting all agreements that have been signed by one or more parties via DocuSign. This includes, but is not limited to, Compromise Settlement Agreements, Form 26As and other Form agreements, and Consent Agreements.  An employee himself or herself must sign via DocuSign; an employee’s attorney cannot sign via DocuSign on behalf of an employee.

North Dakota VIEW STATE →

REGULATORY ACTIVITY:

• The following guidelines are intended to provide guidance as to who is covered by WSI workers’ compensation coverage, and when they are covered or not covered during times of disaster including spring flooding.  A key determination as to whether flood fighters are covered by traditional workers’ compensation coverage is whether the employee is under the direction and control of their employer.  If an employee is directed by an employer to participate in flood fighting activities, WSI will deem the employee covered, even if they extend their hours beyond the normal work shift.  On the other hand, if employees are simply released by their employer, without specific direction, to help in the flood fighting activities they are not covered by worker’s compensation coverage during their flood-fighting activities.  Additionally, employees who are injured while protecting their own property will be viewed by WSI as being outside the scope of employment and those injuries will not be covered. Employers, defined as sole proprietors, partners, and corporate officers, have the option of covering themselves on their WSI worker’s compensation policies. For those employers who have secured such coverage, activities will be covered to the extent they are related to the protection of business property or assets. Organizations such as political subdivisions, civic groups, churches, etc. with volunteers may establish a volunteer policy to provide coverage for volunteers who assist in flood relief activities. Coverage must be secured, and volunteers preregistered with WSI prior to them engaging in volunteer activities. The cost for volunteer coverage is $9.93 per volunteer subject to a minimum premium of $250.

Ohio VIEW STATE →

REGULATORY ACTIVITY:

• Published three business impact analyses on proposed rules.  The business impacts were published for Medical Services and Professional Fee Schedule 4123-6-08; Payment of Ambulatory Surgical Center Services 4123-6-37.3 and Payment of Hospital Outpatient Services 4123-6-37.2.  To view the business impact statements, go to https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/OACInReview.asp.
• A published notice of a five-year rule review of the QHP Rule 4123-6.  To view a copy of the rule, go to https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/OACInReview.asp.
• The Ohio Bureau of Workers’ Compensation notifies you that a rule in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: -Rule Title: Vocational rehabilitation fee schedule -Rule Number: 4123-18-09 and -Proposed Action: Amended.  To view the rule, go to https://www.bwc.ohio.gov/basics/guidedtour/generalinfo/OACInReview.asp.
• Ohio’s Bureau of Workers' Compensation (BWC) system is the exclusive provider of workers’ compensation insurance in Ohio and serves 249,000 public and private employers. To help businesses facing difficulties due to the COVID-19 pandemic, the Ohio BWC is announcing that insurance premium installment payments due for March, April, and May for the current policy year may be deferred until June 1, 2020. At that time the matter will be reconsidered.   "BWC will not cancel coverage or assess penalties for amounts not paid because of the coronavirus pandemic," said Lt. Governor Husted. "Installment payments due for the three-month period are totaled at approximately $200 million, and that money will now stay in the economy." For more information, visit bwc.ohio.gov.

Oklahoma VIEW STATE →

REGULATORY ACTIVITY:

• On March 12, 2020, the Workers’ Compensation Commission held a Special Meeting at 1:30 p.m. in the Commission Chambers on the 2nd floor of the Denver Davison Building to discuss the public comments to the Proposed 2020 Fee Schedule. The 2020 Proposed Fee Schedule comments have been compiled and posted on the Commission website athttps://www.ok.gov/wcc/.
• The Oklahoma Workers’ Compensation Commission (“WCC”) and its administrative law judges (“ALJs”) continue to closely monitor the continuing public health crisis caused by COVID-19. Governor J. Kevin Stitt issued Amended Executive Order 2020-07 on March 17, 2020, declaring “an emergency caused by the impending threat of COVID-19” and directed agencies to “utilize online options whenever possible.” Further, on March 25, 2020, Governor Stitt issued Amended Executive Memorandum 2020-01 clarifying that certain businesses and infrastructures that provide critical services should remain open. State agencies have been directed to continue to follow guidance for interaction with the public provided by the Oklahoma Department of Health at https://coronavirus.health.ok.gov/. The Oklahoma City offices of the Workers’ Compensation Commission will reopen Monday, March 30 in a limited capacity. All dockets, including those of the Administrative Law Judges and all Commission appeals, will be stricken until April 30, 2020. The Tulsa offices will remain closed to the public. While the building is open, in the interest of public health and safety, limited services will be provided by the Commission until further notice. Additionally, no mediations should be conducted on the premises. The hearing rooms and attorney conference rooms will be locked. Parties may contact the assigned judge or Chief ALJ by telephone or email only. The services the Commission will be provided until further notice include:
• Form Filings- Filings should be sent via mail and electronically were available. Filings should be mailed to the Commission’s Oklahoma City address: 1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105. An email option will be available soon.  Please include a self-addressed, stamped envelope if paper file copies are needed.
• Approval of Joint Petition Settlements Electronically- See Commission Alert
• Case Issues Resolved by Email: During this period of stricken dockets, if the parties are unable to resolve an issue by agreement, the Administrative Law Judges will be available by email to discuss cases involving an issue(s) which may be resolved remotely by the ALJ. Please contact the assigned Judge or Chief ALJ via email for further direction and the scheduling of telephonic pre-hearing conferences, if necessary. Cases will be reset on pre-hearing and trial dockets as soon as possible as we are operating in a state of emergency:
  • shane.curtin@wcc.ok.gov
  • mike.egan@wcc.ok.gov
  • pblair.mcmillin@wcc.ok.gov
  • john.blodgett@wcc.ok.gov
  • tara.inhofe@wcc.ok.gov
  • molly.lawyer@wcc.ok.gov

• Compliance Payments- Paid via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Permitting Payments- Paid via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Billing- Court Fees and other payments will be accepted via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Counselor Services- Via phone (855) 291-3612(In-state toll free) (405) 522-5308or by email at counselors@wcc.ok.gov.
• Records Searches and Copy Requests- File copies can be obtained by mailing in the Commission request form to the Oklahoma City WCC Office (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.) We ask that if you have many requests to submit, and are able to wait, please save them until after April 30. Copy fees should be mailed in with the proper form.

Extension of Deadlines: The Commission has adopted and will follow the portion of the Oklahoma Supreme Court’s Emergency Order from March 16, 2020 (SCAD No. 2020-24), specifically paragraphs 3 and 4: Subject only to constitutional limitations, all deadlines, and procedures whether prescribed by statute, rule or order in any workers’ compensation claim under the jurisdiction of the Workers’ Compensation Commission shall be suspended for 30 days from the date of the Supreme Court Emergency Order (issued March 16, 2020). This suspension also applies to appellate rules and procedures for the Workers’ Compensation Commission. In any Workers’ Compensation Commission case, the statute of limitations shall be extended for 30 days from the date of the Supreme Court Emergency Order.

Oregon VIEW STATE →

FEE SCHEDULE NEWS:

• The Workers’ Compensation Division has adopted a new Medical and Hospital Fee Schedule effective April 1, 2020. The next expected update is in April 2021.

REGULATORY ACTIVITY:

• Issued a revised bulletin number 239 regarding claim closing and other impairment-focused examinations and forms for reporting impairments.  This bulletin is designed to assist medical providers to conform to the Oregon Disability Rating Standards (Oregon Administrative Rules 436-035) when conducting impairment-focused examinations for the purpose of determining an injured worker’s disability; describes the clinical techniques and protocols the medical provider is to use and includes detailed impairment sections, to ensure that examination findings are reported consistent with the Oregon Disability Rating Standards and provides impairment reporting forms.  This bulletin replaces Bulletin No. 239 dated April 11, 2017.  The affected forms are Form 2278C; Form 2278T; Form 2278L; Form 2279; Form 2312; Form 4842; and Form 4841. To view the bulletin and forms, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• The Workers’ Compensation Division has published final rules to its website, to be effective April 1, 2020.  The final rule is OAR 436-009, Oregon Medical Fee and Payment. To view this notice and final rule, go to https://wcd.oregon.gov/laws/Pages/new-rules.aspx.
• Issued revised bulletin 237 regarding Insurer's report. This bulletin provides a revised Form 1502 and describes Form 1502 reporting requirements under Oregon Administrative Rules (OAR) 436-060-0011. The division revised the form to be consistent with rule changes, effective April 1, 2020.  Insurers must use Form 1502 to report claim status and activity to the Workers' Compensation Division.  To view this bulletin and revised form, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• Posted Final Rules that become effective April 1, 2020.  The finalized rules are OAR 436-001 Procedural Rules, Attorney Fees and General Provisions and OAR 436-060 Claims administration. To view the rules, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• Posted Notice that revised bulletin 359  regarding Insurers and Self-Insured Employers Required to Report Medical Bill Payment Data is now available. To view the bulletin, go to https://wcd.oregon.gov/forms/Pages/bulletins.aspx.
• The Workers’ Compensation Division has published the following industry notice, "Use of modified forms." https://wcd.oregon.gov/IndustryNotices/03-20-20-IN-Mod-Forms.pdfThe Workers’ Compensation Division wants to make sure the workers’ compensation industry is aware of rule changes that will affect the use of modified forms referenced in OAR 436-060. To view this industry notice, go to https://wcd.oregon.gov/Pages/index.aspx.
• Posted an industry notice regarding claims processing during the COVID19 emergency.

Rhode Island VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin 2020-04 regarding flexibility in insurance during the COVID-19 emergency effective March 25, 2020.

Rhode Island Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin number 2020-2 regarding motor vehicle damage appraisals during COVID-19 emergency.

South Carolina VIEW STATE →

FEE SCHEDULE NEWS:

• The South Carolina Commission has approved and adopted changes to the Medical Services Provider Manual with an effective date of April 1, 2020.  The next expected update to the fee schedule is in April 2021.

REGULATORY ACTIVITY:

• COVID-19 UPDATE: In response to the rapidly evolving national health emergency, the SCC is directing all business with the Commission to be handled through electronic filing systems, email, or by telephone.
• The COVID-19 epidemic has reduced on-site staffing. For public health concerns, in-person visits to SCC offices are temporarily suspended unless by advance appointment or for scheduled hearings. If you must make filings or other deliveries, drop-offs are permitted. The processing of such may be delayed.
• In response to Governor McMaster’s Executive Order 2020-11 issued on March 19, 2020, the SC Workers’ Compensation Commission’s office located at 1333 Main Street Columbia, SC 29202 will be closed to the public until further notice. The Commission will be operating with minimal staff on-site with the remaining staff working from home. The public’s safety remains our top priority and appropriate safety protocols will be followed to minimize the spread of the COVID- 19.  Effective immediately all live hearings are suspended until May 1, 2020, except for emergency situations, which will be determined on a case by case basis. The Commission lost the use of a number of sites for hearings and many of the available sites are not compliant with CDC guidelines. Commissioners’  dockets will be managed in the best manner possible using Court Call, telephone, and other electronic methods.  The format of the hearing will be decided by the jurisdictional Commissioner on a case-by-case and any hearings requested to be held via Court Call, the moving party will be responsible for the cost of Court Call’s service.  Hearings on motions and other pleadings may be conducted by telephone. Parties wanting to reschedule or postpone a hearing must contact the jurisdictional Commissioner’s office. The Commission will readdress this policy on May 1, 2020. Until further notice, all pleadings, motions, settlements and other claim related documents that cannot be submitted electronically must be submitted to the Commission by the US Postal Service.  Responses to pleadings must be emailed to  judicialanalysts@wcc.sc.gov.  Form  70 Mediator Report must be emailed to mediation@wcc.sc.gov. Consent Orders resolving a hearing should be emailed to the Commissioner’s Administrative Assistant.  Personal delivery of documents will be accepted only in extreme circumstances.  Hearings on motions and other pleadings may be conducted by telephone. Parties wanting to reschedule a hearing must contact the jurisdictional Commissioner’s office. Please continue to monitor our website www.wcc.sc.gov for updates and direct any questions or comments to Gary M. Cannon  Executive Director GCannon@wcc.sc.gov.
• Issued an advisory notice dated March 26, 2020, regarding the new cause of injury and nature of injury codes for COVID-19 pandemic.

Tennessee VIEW STATE →

REGULATORY ACTIVITY:

• The Tennessee Department of Commerce and Insurance requests carriers provide employers and individuals with as much flexibility as practicable during the period of the COVID-19 public health crisis. Carriers should work with policyholders who have concerns about their ability to timely pay a premium to ensure that policyholders can maintain their existing insurance coverage. Carriers across all lines of business, upon request or upon calls about coverage, should explain to consumers affected by COVID- 19 options to maintain continuous coverage during this difficult time.  Carriers should explain existing applicable grace periods that may allow policyholders to delay premium payments without losing coverage.  Additionally, carriers should explore ways to eliminate late fees, non-sufficient funds fees, and installment fees.  Carriers should also work with employers or individuals to find the best ways to address concerns with the timing of premium payments in order to delay any cancellation of coverage for non-payment and collection activity.  Finally, carriers should explore ways to streamline administrative processes and paperwork to facilitate continuous coverage and ease burdens on policyholders.

Tennessee-Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued Bulletin 20-04 regarding COVID-19 guidance to carriers on automobile coverage for deliveries effective March 26, 2020.

Texas VIEW STATE →

REGULATORY ACTIVITY:

• The Research and Evaluation Group has released a report on return to work in the Texas workers' compensation system. This report analyzes return-to-work outcomes, including the percentage of injured employees who initially return to work after their injury, the percentage who remain at work, and the average days away from work. To view this announcement, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.  
• The Texas Department of Insurance has posted notice of a filing by the National Council on Compensation Insurance (NCCI) about proposed changes in NCCI's Basic Manual Classifications and Appendix E, including Construction Salespersons and Estimators. The filing proposes that the changes in Item B-1439 apply to new and renewal workers' compensation policies effectively on and after July 1, 2021.   Texas has adopted amendments to rule Chapter 129 Income Benefits - Temporary Income Benefits. The proposed amendments were published on October 11, 2019, in the Texas Register.  The amendments are adopted without changes to the proposed amendments.  To view the adopted rule, go to https://www.tdi.texas.gov/wc/rules/2020rules.html.  
• The Texas Department of Insurance, Division of Workers' Compensation (DWC) will review all sections in 28 Texas Administrative Code (TAC) Chapters 126-128.  DWC is accepting public comments on whether the rules in 28 TAC Chapters 126-128 still have reason to exist or should be repealed, readopted, or readopted with amendments as required under Texas Government Code §2001.039.   To comment on this rule review project, submit your written comments by 5 p.m., Central time, on April 27, 2020.   Email your written comments or hearing request to rulecomments@tdi.texas.gov or mail to  Cynthia Guillen Legal Services, MS-4D Texas Department of Insurance, Division of Workers' Compensation 7551 Metro Center Drive, Suite 100 Austin, Texas 78744-1645. To view this notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.  
• The Division of Workers’ Compensation (DWC) is committed to ensuring a fully operational system with excellent customer service while taking necessary precautions to promote a safe environment for all system participants.  DWC continues to monitor the latest developments on COVID-19 and created a webpage with information for stakeholders in the Texas workers’ compensation system. Please refer to the DWC COVID-19 resource page for periodic updates.   DWC is taking the following steps regarding operations:
• Benefit Review Conferences - As of Monday, March 16, 2020, DWC will hold Benefit Review Conferences by telephone. DWC staff will contact parties to provide details.
• Contested Case Hearings - Contested Case Hearings (CCH) scheduled for March 16-27, 2020, will be rescheduled.  Beginning March 30, 2020, CCHs will resume and be conducted by telephone.  Parties should send exhibits they will offer into evidence to DWC and other parties at least three business days prior to the scheduled CCH. DWC encourages parties to use encrypted email or fax when exchanging evidence.
• Designated Doctors Scheduling - Designated doctors should inform DWC if they decline an appointment offer as a precautionary measure related to COVID-19.  Injured Employees to reschedule a designated doctor exam, contact the designated doctor listed on the appointment notice. Testing DWC’s designated doctor and MMI/IR certification testing vendor, PSI, has instituted enhanced procedures and test center closures in certain areas. Please visit the PSI website to find out more.
• Telemedicine - Injured employees may receive telemedicine and telehealth services in the Texas workers’ compensation system regardless of geographic location. To learn more, visit the TDI website.
• Carriers  Austin Representative Boxes - The carrier boxes at the Austin Metro office remain in use. Safety precautions, including disinfectant and strict use of the glass barrier, will be utilized.
• First Report of Injury - When reporting a claim, DWC requests that carriers clearly specify if a claim involves COVID- 19. This can be done in the incident description field on the first report of injury. This will help DWC monitor the impact of this event.
• For additional information please use the following contact information: Health care providers:   compconnection@tdi.texas.gov 800-252-7031, Option 3  Employers:  healthsafety@tdi.texas.gov 800-687-7080 512-804-4600, in Austin  Hearings: 512-804-4010  Media inquiries:  DWCCommunications@tdi.texas.gov  Injured employees:  800-252-7031, Option 1  To report a safety or health hazard: 800-452-9595safetyhotline@tdi.texas.gov  All other inquiries: DWCExternalRelations@tdi.texas.gov.  To view this notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.
• The Texas Department of Insurance, Division of Workers’ Compensation (DWC) has adopted a new form: DWC Form-121, Claim Administration Contact Information. DWC posted a draft DWC Form-121 online for informal comments and considered all comments.  We request that insurance carriers, including certified self-insurers, certified self-insurer groups, and governmental entities, update their claim administration contact information using this form no later than April 27, 2020. We will use this form to verify that contact information for each insurance carrier is current.  28 Texas Administrative Code §124.2(r)(1) requires insurance carriers to provide contact information for:
  •   claims adjustment
  • coverage verification (policy issuance and effective dates of the policy)
  •   medical billing
  • pharmacy billing (if different from medical billing)
  •  preauthorization
• You must also submit DWC Form-121 to report new or updated claim administration contact information within 10 working days after making a change.    To get the form, go here: https://www.tdi.texas.gov/forms/form20numeric.html. To view this notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.   Due to ongoing safety concerns with COVID-19, we are no longer able to perform in-person customer assistance at our field offices. But you can still get help with your claim at any time by calling DWC at 800-252-7031or OIEC at 866-393-6432.  
• The Texas Department of Insurance is coordinating with several state agencies on steps to help our state reduce the spread of COVID-19 and minimize potential regulatory burdens as you continue to serve your policyholders. This is a rapidly evolving, dynamic situation, and we will provide you with frequent updates on our activities. Here are some brief updates today:  We’re working to ease agent and adjuster licensing requirements and claim-related deadlines where possible. You’ll get more information on these efforts soon.  We’ve posted a list of office emails in case you have trouble reaching your normal agency contact by phone. We’ve also developed forms where you can get help with pending filing issues or ask questions. You’ll find both on our website.  Visit our coronavirus resource page for past messages and guidance to the industry. Most TDI staff are working remotely, and we continue to provide essential services, answer your questions, and work through issues as they develop. The work we’ve done over the last two years to modernize, reduce reliance on paper processes, and move our staff to laptops has been a tremendous help in this transition. We’ll update you frequently as new information becomes available.

Texas Auto VIEW STATE →

REGULATORY ACTIVITY:

• On  March 13,  2020,  Governor Abbott issued a statewide disaster declaration due to the COVID-19 pandemic. As the governor noted, it is critical to take steps to prepare for, respond to, and mitigate the spread of COVID-19, particularly by increasing Texans'  access to treatment and testing.  Telemedicine has emerged as a vital tool in combating the spread of infectious diseases, in part because it limits physical contact between a  patient and their physician and other patients.  Limiting person-to-person contact is key to slowing the spread of this virus.  It is critical to preserve physician capacity during the  COVID-19  disaster, thus physicians'  exposure to the virus must be reduced to the greatest extent possible. Furthermore, the efficient use of telemedicine would allow physicians to focus more of their time on those in the greatest need for in-person care. Finally, telemedicine could allow those physicians who do become ill to continue treating patients in some circumstances.   Unfortunately,  limited reimbursement rates for telemedicine services serve as a barrier to the expanded use of such technology because physicians are reluctant to accept significantly reduced payment for such services. Some physicians may also be reluctant to engage in telemedicine because of health benefit plans' different documentation requirements for telemedicine services as opposed to in-person services.     The new rule is intended to reduce these barriers and expand telemedicine by implementing parity with payment and documentation requirements applicable to in- person services. Under the rule, services that are the same must be reimbursed at the same rate whether provided in-person or through telemedicine.  Similarly, the new rule does not permit health benefit plans to require documentation for telemedicine services beyond what the plan already requires for in-person services.    The new rule also reflects requirements from Texas Insurance Code Chapter 1455, including requirements that: (1)  require health benefit plans to provide coverage for covered services or procedures delivered by telemedicine on the same basis and to the same extent that the plan provides coverage for the same service or procedure in an in-person setting; and (2) prohibit health benefit plans from limiting, denying, or reducing coverage based on the telemedicine platform used by the physician,  with limited exceptions.

Vermont VIEW STATE →

REGULATORY ACTIVITY:

• In keeping with the CDC,  U.S. Government, and State of Vermont advisories regarding the COVID-19 virus, and in an abundance of caution, the Vermont Department of Labor and Ryan Smith & Carbine, Ltd. are postponing the Vermont Adjusters’ Continuing Education Conference currently scheduled for May 19 and 20, 2020.  We are planning to proceed with the Conference that is scheduled for October 22 and 23, 2020, and we expect that we will be scheduling an extra conference during the first quarter of 2021, likely in March.  The Vermont Department of Financial Regulation will work with you if you were planning to renew your Vermont license, which expires on March 31, 2020, with the continuing education at the May 2020 conference.  Please feel free to reach out to the Department of Financial Regulation – Producer and Individual Licensing if you have questions or concerns.  https://dfr.vermont.gov/industry/insurance/producer-and-individual-licensing. We will be in touch with further details about registration fees and hotel room cancellations as they become available.  We ask for your patience at this time, and we will attempt to provide you with additional information shortly

Washington VIEW STATE →

FEE SCHEDULE NEWS:

• The Washington State Department of Labor & Industries has adopted changes to the Medical Fee Schedule with an effective date of April 1, 2020.  The next update is scheduled for July 1, 2020.

REGULATORY ACTIVITY:

• The Washington State Department of Labor & Industries announces changes to our Outpatient Drug Formulary effective April 1, 2020.  The changes are available for review in our online Outpatient Drug Formulary PDF document. Posted a preproposal statement regarding rule Chapter 296-17 WAC.  Chapter 296-17 WAC, General Reporting Rules, Audit and Record-keeping, Rates and Rating System for Washington Workers’ Compensation Insurance, and Chapter 296-17A WAC, Classifications for Washington Workers’ Compensation Insurance.  To view the preproposal, go to https://lni.wa.gov/rulemaking-activity/.
• Posted notice regarding proposed rule Chapter 296-20 WAC, Medical aid rules (WAC 296-20-135, Conversion factors); Chapter 296-23 WAC, Radiology, radiation therapy, nuclear medicine, pathology, hospital, chiropractic, physical therapy, drug-less therapeutics, and nursing—Drug-less therapeutics, etc. (WAC 296-23-220, Physical therapy rules; WAC 296-23-230, Occupational therapy rules). To view the proposed rule notice and rule language, go to https://lni.wa.gov/rulemaking-activity/. Physical and Occupational Therapist Progress Report Form: A new progress report form for workers covered under the state workers’ compensation fund and the best practices quick reference card are now available from L&I. They are intended for:
• Use by physical and occupational therapists and Standard outpatient therapy services.
• The use of the progress report form is currently voluntary, but it will transition into a required form in the summer of 2020.
• The benefits of the form include: Using a standardized format and Promoting best practices. Those practices include:
  • Communicating with the attending provider and others involved in the claim;
  • Patient engagement and
  • Tracking functional outcomes and documentation.
• If you would like to learn more, visit our Physical Medicine project web page. For additional information, you can contact the project team at therapy@Lni.wa.gov or 360-902-9115. A detailed temporary telehealth policy from Labor and Industries (L&I) became effective March 9, 2020. To help support containment of the COVID-19 outbreak this new temporary telehealth policy allows medical providers to use the home as an origination site in some instances to treat injured workers. L&I's current payment policy and fee schedule already cover phone calls between providers and workers, and telehealth when provided at a medical origination site. The new temporary policy will stipulate the following: In addition to providing telehealth services under the current payment policy, providers who can normally provide telehealth services using video remote technologies may now bill the following CPT© evaluation and management codes with the home as an origination site:
  •         99211
  •        99212
  •         99213
• The documentation requirements will follow the Department payment policy established in Medical Aid Rules and Fee Schedules (MARFS) Chapter 10: Evaluation and Management Services. Under this temporary measure, providers will be required to include a note about the emergency situation (limiting exposure to COVID-19, in this case) that prompted this encounter, as well as noting that the originating site of the worker is home. Providers are encouraged to implement their clinic’s emergency response plan. Visit the MARFS Updates and Corrections website for the detailed policy.  On July 3, 2020, the temporary L&I emergency telehealth policy is scheduled to end unless the Department decides an extension is needed. This is an emerging situation, and this policy may be updated as needed. Additionally, the temporary policy will state that L&I will not provide the worker with or reimburse the worker for equipment. If a worker doesn’t have access to high-speed internet via a computer or a camera phone with reliable connectivity, the provider must work with the worker to identify an alternative. Claims Administration has decided to instruct claim managers not to automatically stop time loss benefits if the restrictions on an APF expire because the worker was unable to be seen in person due to COVID-19 precautions. Claim managers will be advised to assess each case and staff with their supervisor and/or ONC to decide how best to manage the claim during the period of the forthcoming temporary policy.  Questions on the payment policy after it's published? Contact us at HPPM@Lni.wa.gov The Department of Labor & Industries (L&I) has posted Healthcare Common Procedural Coding System (HCPCS) code updates, including the codes needed for coronavirus testing. Deleted HCPCS codes are also posted to our Updates and Corrections web page.  The new HCPCS codes are effective on April 1. Deleted codes are no longer effective March 31. Both coronavirus testing codes are billable for dates of service on or after Feb. 4,  2020.  Questions? Send them to HPPM@lni.wa.gov. L&I regional offices are closed to public visits until further notice. Offices can still help you by phone from 8 a.m. to 5 p.m. weekdays (except state holidays). Use the phone number for your closest regional office, or you can call the Office of Information and Assistance at 360-902-5800. Effective March 25, 2020, Labor and Industries (L&I) is temporarily allowing Structured Intensive Multidisciplinary Program (SIMP) services to be delivered as part of telehealth. This is part of L&I’s Chronic Pain Management payment policy. This temporary TeleSIMP policy allows SIMP services to continue while helping to slow the spread of the coronavirus (COVID-19) outbreak by reducing in-person appointments. SIMP providers may use telehealth to deliver certain services for workers enrolled in their program. This policy isn’t intended to replace Chapter 34: Chronic Pain Management. Effective March 20, 2020, L&I is also temporarily allowing the delivery of rehabilitation services using telehealth, called tele-rehab. Physical therapists, occupational therapists, and speech-language pathologists may use telehealth to deliver services for established patients in outpatient settings. L&I's current payment policy and fee schedule already covers phone calls between providers and workers, see Chapter 10: Evaluation and Management Services for more details. Both of these temporary policies will allow the use of the worker's home as an origination site when they are receiving services. See our Temporary Telehealth Payment Policy for additional details. Updates and corrections are periodically posted on our Medical Aid Rules and Fee Schedules website. Both of these policies are available here. Please note: a temporary telehealth policy is under consideration for brain injury rehabilitation services. Questions on the payment policies? Contact us at HPPM@lni.wa.gov.

Washington-Auto VIEW STATE →

REGULATORY ACTIVITY:

• Washington State Insurance Commissioner Mike Kreidler urged all Property and Casualty insurers doing business in Washington to immediately extend automobile insurance coverage for personal delivery drivers to aid people temporarily assigned this duty during the coronavirus pandemic and state of emergency. Commissioner Kreidler’s Rates, Forms, and Provider Networks (RFPN) division will expedite review and approval of the endorsement filings so that affected delivery drivers can have coverage quickly. The endorsement would apply only to delivery drivers for retail and service operations during the pandemic and Washington state stay-home order. It doesn’t apply to people who drive for other commercial reasons, including rideshare or any commercial delivery businesses. The endorsement would remain in effect as long as the state of Washington’s emergency order is in place.“ This is a time for all hands on deck,” Kreidler said. “I welcome the companies that have already stepped up and I expect others will quickly jump on board with this greatly needed assistance to those working hard to deliver food, medicine and more.” Any insurers that have questions about filing such an endorsement should contact RFPN Manager Mike Bryant at mikebr@oic.wa.gov.

West Virginia VIEW STATE →

REGULATORY ACTIVITY:

• The Informational Letters will be issued to convey general information to consumers, insurers, stakeholders or the general public.  For example, Information Letters may be issued to provide legislative updates, consumer alerts, disaster preparedness or insurance-related educational information. Please be advised that the West Virginia Offices of the Insurance Commissioner no longer delivers Informational Letters by U.S. Mail. If you wish to receive these Letters, you must maintain a correct e-mail address by notifying Janice Hemmelgarn at Janice.L.Hemmelgarn@wv.gov. If you have a question concerning an Informational Letter, please e-mail your question to OICInformationalLetters@wv.gov or call (304) 558-0401.
• The Commission is closely monitoring the quickly evolving changes surrounding COVID-19. In response to the latest information, all in-person Commission hearings and mediations have been canceled beginning March 17th through March 31st. All parties affected will be contacted by the Commission as soon as possible to reschedule. If you have additional questions about an upcoming hearing, please contact the Deputy Commissioner's Office located on your Notice of Hearing or contact VWC's Customer Contact Center at 1-877-664-2566.  Visitors with respiratory or flu-like symptoms, or those considered vulnerable to COVID-19, should please refrain from coming to Commission offices. As for all other Commission business operations, we will continue to work in accordance with the State of Virginia and Commission guidelines and recommendations. Additional updates will be announced as needed. The Commission is working diligently to assist our customers as needed. If you have any other questions, please contact VWC at 1-877-664-2566or email: questions@workcomp.virginia.gov.