Arizona VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 1090 Waives the examination requirement for adjuster license applicants who hold a claims certificate that meets outlined criteria. Adjuster is defined to include any person who adjusts, investigates, or negotiates settlement of claims concerning property and casualty contracts on behalf of either the insured or the insurer, for compensation, fee, or commission (A.R.S. § 20-321). To be licensed as an Adjuster, a person must take and pass an examination that is given by or under the supervision of the Director of the Department of Insurance (DOI) and that reasonably tests the applicant's knowledge of insurance and legal responsibilities (A.R.S. § 20-321.01). Excludes from the definition of an adjuster an employee of a third-party administrator or self-insured employer who adjusts, investigates, or negotiates settlement of only workers' compensations claims. Removes the requirement for an adjuster license applicant to take and pass a DOI examination if the applicant holds a national or state-based claims certificate that consists of at least 40 hours of pre-examination course work, a proctored examination of sufficient length to adequately determine the competency of the applicant and at least 24 hours of continuing education required for certification renewals on a biennial basis. Makes technical and conforming changes.  Effective Date August 25, 2020.

Arkansas VIEW STATE →

REGULATORY ACTIVITY:

• Per Ark Code §11-9-306(e) (2), the premium tax due for the calendar year 2019 was due April 1, 2020. Due to the on-going COVID-19 crisis and per the Governor's Executive Order # (20-06), the Workers' Compensation Commission is extending the date of first assessment of penalties prescribed under Ark. Code §11-9-304(b) by forty-five (45) days. §11-9-304(b) states: "If the tax provided for under this section is not paid within thirty (30) days of the date provided in §11-9-306, there shall be assessed a penalty for each thirty (30) days the amount so assessed remains unpaid which is equal to ten percent (10%) of the unpaid amounts and which shall be collected at the same time as a part of the tax assessed." Summary: The premium tax was due April 1, 2020. The first assessment of penalties would normally be on May 1, 2020. The May 1, 2020 date is hereby extended forty-five (45) days to June 14, 2020. As this is a Sunday, if the tax is not received in our office by June 15, 2020, the first ten percent (10%) penalty will be assessed, and the self-insurer may be subject to immediate revocation of the self-insurance authority.

California VIEW STATE →

FEE SCHEDULE NEWS:

• The DWC has published a new file for Medi-Cal rates effective June 15, 2020; however, no updates to the data were adopted. The next update is expected July 15, 2020.
• The Division of Workers’ Compensation (DWC) has posted an order adjusting the Official Medical Fee Schedule (OMFS) to conform to changes in the Medicare payment system as required by Labor Code section 5307.1. The following OMFS adjustments are effective for services rendered on or after July 1, 2020:
  • CMS’ Medicare National Physician Fee Schedule Relative Value File RVU20C July 1, 2020 quarterly update

• • National Correct Coding Initiative Practitioner Procedure to Procedure (PTP) Edits July 1, 2020 quarterly update
  • National Correct Coding Initiative Medically Unlikely Edits July 1, 2020 quarterly update (excluding MUE “0” value codes)
  • CMS’ Zip Code to Carrier Locality files July 1, 2020 quarterly update, for Geographic Practice Cost Index (GPCI) locality mapping
  • National Correct Coding Initiative Medically Unlikely Edits April 1, 2020 quarterly update file, “Practitioner Services MUE Table - Effective 04-01-2020 (ZIP),” (excluding MUE “0” value codes) is replaced by “Practitioner Services MUE Table - Replacement Effective 04-01-2020 (ZIP),” (excluding MUE “0” value codes).  The replacement Practitioner Services MUE Table is retroactive to April 1, 2020.
• The order adopting the above OMFS adjustments can be found at https://www.dir.ca.gov/dwc/OMFS9904.htm#7.
• 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 July 2020 clinical laboratory update.
• 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 July 1, 2020, adopts the Medicare DMEPOS fee schedule third quarter release for calendar year 2020

REGULATORY ACTIVITY:

• The Division of Workers’ Compensation (DWC) has posted draft revisions to the Official Medical Fee Schedule regulations that govern the maximum reasonable fee for pharmaceuticals dispensed to injured workers. Under the California Labor Code, the fee schedule for dispensed pharmaceuticals is based primarily upon the Medi-Cal pharmacy payment system. Medi-Cal has implemented a revised payment methodology approved by the Centers for Medicare and Medicaid Services (CMS) utilizing “National Average Drug Acquisition Cost” (NADAC) based upon survey data compiled by CMS instead of the “average wholesale price” (AWP). The new Medi-Cal methodology also revises the pharmacy dispensing fee value and structure by updating the dispensing fee from $7.25 to a two-tier dispensing fee of $10.05 or $13.20, depending on the volume of pharmacy claims processed. DWC proposes to amend the workers’ compensation pharmaceutical fee schedule in accordance with the provisions of Labor Code section 5307.1, and in light of the Medi-Cal payment system changes. The proposed regulations set forth separate provisions for pharmacy-dispensed and physician-dispensed pharmaceuticals in order to implement statutory provisions with additional fee caps for some physician-dispensed pharmaceuticals. The draft regulations, a sample excerpt of the fee data file, a sample excerpt of the dispensing fee file and background information on the Medi-Cal fee methodology changes are available on the DWC Forum webpage under “current forums.” Comments will be accepted on the forum until 5 p.m. on Friday, July 3, 2020.  To view this notice, go to https://www.dir.ca.gov/dwc/dwc_home_page.htm.  To view additional information regarding the proposed regulation, go to https://www.dir.ca.gov/dwc/ForumDocs/2020/Pharmaceutical-Fee-Schedule/Pharmaceutical-Fee-Schedule.htm.
• The Division of Workers’ Compensation (DWC) has issued a notice of conference call public hearing for proposed evidence-based updates to the Medical Treatment Utilization Schedule (MTUS), which can be found at California Code of Regulations, title 8, section 9792.23.  The conference call public hearing is scheduled for Thursday, July 23 at 10 a.m. and members of the public may attend by calling 866-390-1828 and using access code 5497535#. Members of the public may review and comment on the proposed updates no later than July 23. The proposed evidence-based updates to the MTUS incorporate by reference the latest published guidelines from American College of Occupational and Environmental Medicine (ACOEM) for the following:
  • Occupational Interstitial Lung Disease Guideline (ACOEM November 8, 2019);
  • Knee Disorders Guideline (ACOEM December 3, 2019);
  • Workplace Mental Health Guideline: Depressive Disorders (ACOEM February 13, 2020);
  • Occupational/Work-Related Asthma Guideline (ACOEM June 5, 2020).

The proposed evidence-based updates to the MTUS regulations are exempt from Labor Code sections 5307.3 and 5307.4 and the rulemaking provisions of the Administrative Procedure Act. However, DWC is required under Labor Code section 5307.27 to have a 30-day public comment period, hold a public hearing, respond to all the comments received during the public comment period and publish the order adopting the updates online. To view this notice, go to https://www.dir.ca.gov/dwc/dwc_home_page.htm.  To view the rule and updated guidelines being adopted, go to https://www.dir.ca.gov/dwc/DWCPropRegs/2020/MTUS-Evidence-Based-Updates-June-2020/MTUS-Evidence-Based-Update.htm.

• The Division of Workers’ Compensation (DWC) has posted proposed amendments to the Medical-Legal Fee Schedule to its online forum where members of the public may review and comment on the proposals. The draft regulations include:
  • A 25% increase in the multiplier for setting fees for evaluations.
  • Standardization of the fee that can be charged for a missed appointment.
  • Flat fees for comprehensive, follow-up, and supplemental medical-legal evaluations.
  • Rates for review of medical records based upon the amount of pages reviewed.
  • Elimination of complexity factors from the Medical-Legal Fee Schedule.
  • An increase in the hourly fee for medical-legal testimony.

The implementation of a predominantly fixed fee for all procedure billing codes is anticipated to reduce frictional costs. Moving to a flat-fee-based schedule and removing complexity factors is contemplated to reduce the incidence of disputes over billing. The fee schedule was formulated after numerous stakeholder meetings where carriers, employers, physicians, and medical management companies were amply represented. The meetings took place over the course of approximately three months. The forum can be found on the DWC forums web page at https://www.dir.ca.gov/dwc/DWCWCABForum/1.asp  under “current forums.” Comments will be accepted on the forum until 5 p.m. on Friday, July 10, 2020.

Colorado VIEW STATE →

REGULATORY ACTIVITY:

• New Maximum Compensation Benefit Rates become effective July 1, 2020. MAXIMUM COMPENSATION BENEFIT RATE: To qualify for the maximum rate of $1,074.22, a wage of at least $1,611.33 per week must be earned. SCHEDULED IMPAIRMENT RATE: Payable at a weekly compensation rate of $337.11. NON-SCHEDULED (OR MEDICAL) IMPAIRMENT: Payable at the TTD weekly rate, but not less than $150.00 per week and not more than $590.24 per week. BODILY DISFIGUREMENT: Maximum is $5,686.96 and up to $11,371.92 for extensive facial or body scars, burn scars or stumps resulting from the loss of limbs. LUMP SUMS: Maximum lump sum for an injured worker or sole dependent with a date of injury after January 1, 2014 is $99,094.93. For cases with multiple dependents, the aggregate of all lump sums cannot exceed $198,187.35. COMBINED CAPS: Maximum combined TTD and PPD benefits for individuals with 25% or less whole person impairment is $99,094.93. Maximum combined benefits for individuals with greater than 25% whole person impairment are $198,187.35. FATAL CASE: Maximum of $1,074.22 per week. Dependents Benefits: and the extent of their dependency is determined as of the date of injury. The right to death benefits becomes fixed as of that date except as provided in §8-41-501 (1) (c). Minimum Death Benefit: 25% of Maximum Weekly Benefit or $268.56. Claims with no dependents: $22,657.98 payable the Colorado Uninsured Employers Fund.
• The Division has adopted amendments to rule 7 CCR 1101-3 Workers' Compensation Rules of Procedure with Treatment Guidelines.  The amendment rules become effective July 1, 2020.
• The Division has posted an adopted emergency rule.  The purpose of this emergency regulation is to establish the procedures for Workers’ Compensation applicable during the state of emergency declared by the Governor due to COVID-19. 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. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.  As reported cases of COVID-19 increase, they place a significant strain upon medical resources.  These emergency rules are being promulgated to increase access to telehealth services in order to assure injured workers maintain access to reasonable and necessary medical care while complying with physical distancing guidelines and mandates.   COVID-19-related actions to promote physical distancing have disrupted workers’ ability to receive in-person care for their job-related injuries and illnesses. Continuity of care is essential to monitor the progress of recovery. Treatment delays impede recovery and may increase claims costs. Increasing reimbursement for remote services to levels equivalent to in-person care should promote use of these alternatives to in-office care. This rule supersedes and replaces the emergency rules adopted on March 24 and March 31, 2020.  The rules adopted on those dates are revoked.     To view this rule, go to https://www.colorado.gov/cdle/dwc .
• Posted notice of a rule hearing for Rule 18: Medical Fee Schedule to be held on July 20, 2020.  Due to the COVID 19 pandemic, this rule hearing will be held using Zoom.  Register in advance for this rule hearing at: https://zoom.us/meeting/register/tJ0td--trDorG9wpuBtv0kAH_nm0bEfaJd-u. To view this notice, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules .

LEGISLATIVE ACTIONS:

• Senate Bill 20-026 The bill states that, for the purpose of determining eligibility for workers' compensation benefits, a "psychologically traumatic event" includes an event that is within a worker's usual experience when the worker is diagnosed with post-traumatic stress disorder by a licensed psychiatrist or psychologist after: The worker visually or audibly, or both visually and audibly, witnesses a death, or the immediate aftermath of the death, of one or more people as the result of a violent event; or The worker repeatedly and either visually or audibly, or both visually and audibly, witnesses the serious bodily injury, or the immediate aftermath of the serious bodily injury, of one or more people as the result of the intentional act of another person or an accident. Effective Date: August 5, 2020.

Connecticut VIEW STATE →

FEE SCHEDULE NEWS:

• The new Official Connecticut Practitioner Fee Schedule has been adopted with an effective date of July 15, 2020.  “This new schedule will include revisions and clarification of some rules, and the new 2020 CPT codes. This new publication will be effective for medical services rendered on or after July 15, 2020, regardless of the date of injury, that are payable to health care providers authorized or permitted to render care under the Connecticut Workers’ Compensation Act.” The next update is expected July 15, 2021.

REGULATORY ACTIVITY:

• In order to comply with the social distancing measures made necessary to combat the spread of COVID-19 and the existing measures taken by the Workers’ Compensation Commission to dramatically reduce the need for in person hearings, the Compensation Review Board is now offering the following alternatives for the scheduled June 26, 2020 CRB docket.
  • Parties may file a motion to postpone oral argument. As always, we ask the parties to communicate if they are in agreement as to the postponement. Requests to postpone will be generally favored.
  • As always, parties may choose to waive oral argument and proceed on the basis of the papers submitted in the prosecution or defense of the scheduled appeal. It will be up to each party to individually decide if this is how they wish to proceed. Stated another way, if one side wishes to waive oral argument, the other side may choose to participate in oral argument. Thus, the legal argument of the party waiving oral argument will be considered on the basis of the papers submitted, and the oral argument of the other party will go forward as stated below.
  • Oral argument will be conducted via telephonic conferencing. We will be utilizing procedures that are similar to those used for district office hearings. In order to facilitate the process please email to Jackie Sellars at the Compensation Review Board the telephone number at which you may be reached for the telephone conference. Her email address is Jackie.Sellars@ct.gov. Any questions related to a hearing scheduled to be heard in a District Office should be directed to the District Office.  We envision that parties who participate in oral argument should anticipate a conference call at some point during the time period their appeal is slotted to be heard. E.G., if you are scheduled for a 9:00 AM hearing be prepared to participate in a conference call starting at sometime between 9:00 AM and 10:30 AM. We know that these are challenging times for all of us. We also know that our ability to accommodate your needs will be dependent on both our levels of staffing and consequently, may be subject to change. We appreciate your patience and understanding.  To view this notice, go to https://wcc.state.ct.us/.
• The Commission's 6th District Office in New Britain is scheduled to move to a new address, beginning at the end of this week; office telephone and fax numbers will remain the same. New Britain's new address and contact information—effective June 29, 2020—are as follows: Workers' Compensation Commission, Sixth District Office, 24 Washington Street, New Britain, CT 06051; Phone: (860) 827-7180; Fax: (860) 827-7913. All WCC offices continue to be closed to the public. Hearings are being done telephonically.

Delaware VIEW STATE →

REGULATORY ACTIVITY:

• Revised bulletin number 117 regarding compliance with regulatory requirements during the COVID-19 Crisis.  To view this bulletin, go to https://insurance.delaware.gov/information/bulletins/ .
• Issued revised bulletin number 33 for adjusters regarding compliance with regulatory requirements during the COVID-19 Crisis.  To view the bulletin, go to https://insurance.delaware.gov/information/bulletins/ .

Delaware Auto VIEW STATE →

REGULATORY ACTIVITY:

• Posted a re-proposal of a rule regarding unfair claim settlement practices. In the May 1, 2020 edition of the Register of Regulations, the Department published a proposal to update and clarify  requirements  concerning  prohibited  unfair  claim  settlement  practices  that  are  set  forth  in  Regulation  902 (see  23  DE    920 (05/01/2020)).  In  that  proposal,  the  Department  proposed  adding  new  subsection  3.1.14, which included a failure to promptly settle a claim as required under Regulation 903 as an unfair claim settlement practice.  The  Department  also  took  the  opportunity  of  the  proposal  to  make  grammatical  and  formatting  edits throughout the regulation. Upon further review, the Department has determined not to proceed with proposed new subsection 3.1.14 and is hereby withdrawing that proposal, as violations of Regulation 903 are already a defined unfair claims settlement practice. Instead,  the  Department  proposes  to  add  new  subsection  3.2,  which  would  specifically  provide  that  three instances of an insurer's commission of a prohibited claim settlement practice within a 36 month period, as listed in subsection 1.2.1 (to be recodified at subsection 3.1), shall give rise to a rebuttable presumption that the insurer is in violation  of  this  regulation  and  18  Del.C.  §2304(16) f.  The Department is again taking the opportunity of this re- proposal to make grammatical and formatting edits throughout the regulation. To view the notice, go to https://insurance.delaware.gov/information/proposedregs/

Georgia VIEW STATE →

REGULATORY ACTIVITY:

• On June 12, 2020, the Honorable Harold D. Melton, Chief Justice of the Georgia Supreme Court, issued a Third Order Extending Declaration of Statewide Judicial Emergency which extends the judicial emergency through July 12, 2020.  Consistent with the Chief Justice’s order, the Board hereby extends its order dated May 12, 2020, through July 12, 2020, with the following clarifications, modifications, and directions.  The complete memorandum addresses Hearings, Mediations, Board Appellate Proceedings, Virtual Proceedings, Deadline Extensions, payment of benefits, provision of authorized medical treatment and professionalism.  The memorandum is effective June 17, 2020. To view the memorandum, go to https://sbwc.georgia.gov/.

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• Updated the Trauma Centers on June 4, 2020.  To view the updated list, go to http://dph.illinois.gov/topics-services/emergency-preparedness-response/ems/trauma-program/centersByReg .
• JULY 2020 SPECIAL CIRCUMSTANCE COMMISSIONER MONTHLY REVIEW CALL PROCEDURES And JULY 2020 SPECIAL CIRCUMSTANCE ARBITRATION PROCEDURES: By Order of the Chairman, the Special Circumstance Procedures for both Review and Arbitration that are listed for the month of June 2020, will be carried over through the month of July 2020.  An announcement relative to the continuing process for the month of August will be made near the end of the month of July

Indiana VIEW STATE →

REGULATORY ACTIVITY:

• Website Notices 6/1/20: The 2020 Self-Insurance application/renewal is due to the Board by July 31st. Forms and guidelines are now available. Go to https://www.in.gov/wcb/2367.htm for more information and to download the forms. Please pay via the State’s electronic payment system, which can be accessed at https://www.in.gov/wcb/2516.htm. If you do not already have one, you may obtain a “unique identifier” to pay electronically by contacting the Board. This identifier will insure that your payment is secure and will allow a debit transaction directly from your company’s bank account for a $1.00 State user fee. The fee for using the credit card option will be higher; it is a percentage of your payment. Please always submit your application/renewal form with your payment.
• Effective Monday, June 15th, 2020, the Workers’ Compensation Board’s offices will be open to the public by appointment only.  Walk-ins will be unable to get into the building and should call (317-233-3009) or email instead at in.gov/wcb for an appointment. Those with appointments will be met at the public entrance on the east side of the building.  In person hearings are being scheduled according to the availability of usual locations while others will continue to be handled telephonically or through written submissions until further notice.  Please refer to the notice from March 20th for further details.  Do not fax filings to the office.  Mail remains the only way to file most pleadings and forms. Thank you.  No file marked copies will be returned without a second copy and a self-addressed, stamped envelope. Notice of Penalties will be issued soon for untimely filing of FROIs after May 1, 2020, as per website notices dated 2/21/2020 and 3/20/20.  Thereafter, notices will be sent out approximately monthly for untimely FROIs.  No other filing penalties are set to go into effect at this time.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• Published an order of the Commissioner regarding Ongoing Provisions for Coronavirus/COVID-19 Impact on Agency Services.  To view the order, go to https://www.iowaworkcomp.gov/coronavirus-covid-19-ongoing-provisions-2.
• Published an order of the Commissioner regarding Impact of Coronavirus (COVID-19) on Regular Proceeding Hearings Through September 14, 2020.  To view the order, go to https://www.iowaworkcomp.gov/order-covid-19-impact-hearings-through-september-14-2020-june-1-2020.

Kentucky VIEW STATE →

FEE SCHEDULE NEWS:

• The Department has adopted and released a new Medical Fee Schedule for Physicians with an effective date of July 1, 2020.

REGULATORY ACTIVITY:

• As required by KRS 342.035 and prescribed by 803 KAR 25:089, the Department has completed the process of reviewing and updating the Workers’ Compensation Medical Fee Schedule for Physicians. The new schedule features updated coding (based on CPT, HCPCS 2020), ground rules, and procedure description updates and revised reimbursement values.   Currently, reimbursement to medical providers treating injured workers is prescribed by the 2018 Workers’ Compensation Schedule of Fees for Physicians. The 2020 Workers’ Compensation Schedule of Fees for Physicians will be applied to all medical bills incurred for services rendered on or after July 1, 2020. The 2020 Schedule of Fees for Physicians will completely replace the 2018 fee schedule.   The 2020 Workers’ Compensation Schedule of Fees for Physicians may be purchased in the format of a bound book/CD combination for $120.00. Or, you may purchase the CD individually for $60.00. Shipping fees are $10.00. A portion of the amount collected from the sale of each book and CD ordered will be sent to the American Medical Association for the CPT copyrights and the American Dental Association for CDT copyrights.   You must fill out the order form and mail with a check or money order. Please see the order form for details. Also, if you have questions please contact Pam Knight at 502-782- 4449 or Pamela.knight@ky.gov.  To view this memo, go to  https://labor.ky.gov/comp/Pages/Medical-Services.aspx.
• As of March 12, 2020, the Department of Workers’ Claims (DWC) cancelled all in-person benefit review conferences and formal hearings in response to the COVID-19 state of emergency in the Commonwealth of Kentucky.  Initially, the cancellation was to run only through April 20, but was subsequently extended indefinitely. To promptly address pending claims with cancelled hearings, and to prevent a further backlog of hearings, the DWC initiated the temporary use of videoconference technology (Zoom platform) for conducting virtual formal hearings.  To date, participation in virtual proceedings has been voluntary, but reports from stakeholders on the use and acceptance of Zoom have been overwhelmingly positive. Because of issues presented with ensuring a safe return to hearing sites, and because of the initial success of videoconference proceedings, the DWC does not anticipate a return to regular in-person dockets in the near future. Thus, it is the policy of the DWC that participation in virtual proceedings shall be mandatory, absent extraordinary circumstances. Upon a party’s objection to participation in a videoconference hearing, the assigned administrative law judge shall determine whether, under the circumstances presented, the claim is appropriate for virtual proceedings.
• Published in the July Edition of the State Register notice of adoption of pharmacy formulary rule.  To view the notice, go to https://legislature.ky.gov/Law/kar/Pages/Registers.aspx.
• Commissioner Robert L. Swisher has issued Administrative Order 2020-002 suspending the effective date of medical treatment guidelines adopted in 803 KAR 25:260 until January 1, 2021. To view the order, go to https://labor.ky.gov/comp/Pages/default.aspx.
• LMS filers are reminded that 803 KAR 25:010, Section 5 (2) prohibits filing of notices of deposition, notices of physical examination, and requests for and responses to requests for production of documents.  The regulation further provides that those items and “exchange of reports or records shall be served by email upon the parties…” Section 17 (5) of the regulation provides that discovery requests and responses to the requests “shall not be submitted into the record.”  These items are not to be filed and served via LMS.  PLEADINGS FOR WHICH A SPECIFIC DOCUMENT TYPE EXISTS MAY NOT BE FILED BY USING THE “NOTICE OF…” DOCUMENT TYPE: When filing pleadings in LMS, the submitting party must file the pleading using the specific document type designated for the document, if one exists.  Use of the generic “Notice of Filing of ___________” document type is improper for most common pleadings, such as filing medical reports.  The “Notice of Filing” document type should never be used to file a motion nor any other pleading for which a ruling or action by an ALJ or Board member is sought.  “Notice of Filing” document types do not feed into a work queue and do not prompt any action to be taken. MOTIONS FOR WHICH A SPECIFIC DOCUMENT TYPE EXISTS MUST BE FILED USING THAT DOCUMENT TYPE: When filing motions in LMS, the submitting party must file the motion using the specific motion document type applicable.  Parties should refrain from using the “All Other Motions” document type unless a specific document type does not exist for the filing.  Parties should never file a motion to reopen using the “All Other Motions” type because the motion will not be routed to the Frankfort motion docket for consideration and ruling.

Louisiana VIEW STATE →

FEE SCHEDULE NEWS:

• The Office of Workers’ Compensation issued an emergency rule to be effective May 22, 2020 and to remain in effect for a period of 120 days. This rule is to temporarily add additional codes for the purpose of delivering care and allowing providers to use telemedicine/telehealth methods.

Maine VIEW STATE →

REGULATORY ACTIVITY:

• On May 12, 2020, the Board of Directors voted to adopt an assessment rate for insurers of 2.63% for Fiscal Year 2021 beginning on July 1, 2020.  Assessment letters for insurers and self-insured employers have been mailed and payments are due by June 1, 2020.

Maryland VIEW STATE →

FEE SCHEDULE NEWS:

• Telephone Services CPT codes 99441-99443 have been updated in the 2020 Medical Fee Schedule retroactive to January 1, 2020.  To view this notice and to obtain a copy of the updated fee schedule, go to https://www.wcc.state.md.us/MFG/Medical_Fee_Schedule.html

REGULATORY ACTIVITY:

• June 2, 2020 – The resumption of Maryland Workers’ Compensation Commission hearings will be vastly different than previous normal operations and will occur in a cautious manner with the health and safety of Commission employees and customers of utmost concern. To view this notice, go to http://www.wcc.state.md.us/.
• Posted updated instructions for Video Hearing Requests.  To view this notice, go to http://www.wcc.state.md.us/.
• Posted notice of New WebForm - EX04 Claimant's Consent to Pay Fee and Costs and Claimant's Affidavit to submit the Claimant's Consent to Pay Fees & Costs or Claimant's Affidavit in Support of Settlement via Online Services. This form is used to submit the Claimant's Consent to Pay Fees & Costs (WCC form H44 Version 03/2018) or Claimant's Affidavit in Support of Settlement - (WCC H0512/2009) as an attachment via Online Services. DO NOT submit the Claimant’s Consent to Pay form with the Exhibits.  To view this notice, to go http://www.wcc.state.md.us/.
• June 16, 2020 - CONTACTLESS TEMPERATURE SCREENINGS: Beginning on June 22, 2020, the Commission will conduct temperature screenings for members of the public attending in-person hearings. To view this notice, go to https://www.wcc.state.md.us/.

Massachusetts VIEW STATE →

REGULATORY ACTIVITY:

• Issued administrative bulletin 20-56 relating to procedure code modifier relating to testing for COVID-19. The Executive Office of Health and Human Services (EOHHS) is issuing this administrative bulletin pursuant to the authority of COVID-19 Order #20: Order Authorizing the Executive Office of Health and Human Services to Adjust Essential Provider Rates During the COVID-19 Public Health Emergency and Executive Order 591: Declaration of State of Emergency to Respond to COVID-19 and 101 CMR 320.01(3): Coding Updates and Corrections.  EOHHS is establishing rates for specimen collection for testing for the 2019 novel Coronavirus (COVID-19), when the provider also provides ordering and resulting services.  To view this bulletin, go to https://www.mass.gov/lists/2020-eohhs-administrative-bulletins.
• Effective July 1, 2020, the DIA will no longer accept Forms 105 via US Mail.  All Forms 105 must therefore be emailed to: DIA-Form105conciliation@mass.gov. Please include the DIA board number in the upper right corner of Forms 105. Forms 105 not submitted via email will not be reviewed or considered for approval. You do not need to include a coversheet. Effective July 1, 2020, the DIA will no longer accept Forms 113 via US Mail.  All Forms 113 must therefore be emailed to: DIA-Form113conciliation@mass.gov. Please include the DIA board number in the upper right corner of Forms 113. Forms 113 not submitted via email will not be reviewed or considered for approval. You do not need to include a coversheet.  To view this notice, go to https://www.mass.gov/info-details/dia-alerts-due-to-coronavirus-covid-19#6/10/2020---effective-7/1/2020-forms-105-and-113-must-be-emailed- .

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Physicians - CMS has released revisions to the third quarter data effective July 1, 2020.
• Outpatient and ASC – CMS has adopted new Outpatient and ASC data effective of July 1, 2020.
• Clinical Lab – CMS has released the Clinical Lab module effective July 1, 2020.
• DMEPOS – CMS has adopted the DMEPOS module with an effective date of July 1, 2020.
• ASP Drugs – CMS has released revisions to the third quarter data effective July 1, 2020.

Michigan VIEW STATE →

REGULATORY ACTIVITY:

• Issued executive order number 2020-125 clarifying WCDA eligibility for workplace exposure to COVID-19.  The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.  To view this order, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508---,00.html.
• Issued Executive Order Number 2020-128 Clarifying Eligibility for Workplace Exposure to COVID19 and the rescission of Executive Order 2020-125. The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.   To view this order, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508---,00.html .

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• As of Aug. 31, 2020, non-electronic-data-interchange (non-EDI) reports and documents must be filed electronically with the Department of Labor and Industry (DLI) in Work Comp Campus, except that injured workers are not required to file documents electronically. The legal notice linked below includes a list of reports and other documents that will be filed in Campus by web form. A copy of the notice is available at http://www.dli.mn.gov/business/workers-compensation/work-comp-forms?utm_medium=email&utm_source=govdelivery and will be published in the State Register on June 29, 2020. More information: If you have questions or would like more information, contact DLI at campus.ediguide.dli@state.mn.us or 651-284-5011.
• The Minnesota Department of Labor and Industry (DLI) has started receiving Notice of Intention to Discontinue Workers' Compensation Benefits (NOID#3) forms on existing workers' compensation claims that may have been impacted by the COVID-19 pandemic. This communication is to remind you and your claims staff of the circumstances when workers' compensation benefits must continue and the information and supporting documentation that must be included on the NOID#3 form. NOID#3 form specificity, supporting documents. DLI has noticed some of the reasons for discontinuing benefits on recently filed NOID#3 forms for COVID-19 claims lack the required specificity to determine whether the reason for discontinuance is valid in accordance with the Minnesota workers' compensation law. In addition, some of the NOID#3 forms being filed lack the required attached documentation that supports the reason for discontinuing the benefits. DLI reminds claims staff members of the following:
  • When filing a NOID#3 form, you must "state the date of intended discontinuance and set forth a statement of facts clearly indicating the reason for the action.
  • Copies of whatever medical reports or other written reports in the employer's possession which are relied on for the discontinuance shall be attached to the notice.
  • If the employee has been or is presently represented by an attorney for the same injury, the NOID#3 must also be served on the last attorney of record. (See Minnesota Statutes § 176.238, subdivisions 1 and 9.)
  • The legal reason or reasons for the proposed discontinuance or reduction must be stated in language that is easily read and understood by a person of average intelligence and education, and in sufficient detail to inform the employee of the factual basis for the discontinuance or reduction. (See Minnesota Rules 5220.2630, subpart 4(B) (5).)
  • A penalty of up to $1,000 for each violation may be assessed for failure to comply with these requirements. (See Minn. Stat. § 176.238, subd. 10.)
• If the employee is receiving TTD benefits and is still totally medically disabled from working, then the employee has not yet returned to the job market and a layoff from an employer related to COVID-19 has no impact on their eligibility for continuing TTD benefits. If the employee is receiving TTD benefits and has been released to return to work with medical restrictions that the employer cannot accommodate, a layoff from the employer due to COVID-19 has no impact on the claimant's eligibility for continuing TTD benefits. TTD benefits are still subject to cessation for other reasons in accordance with Minn. Stat. § 176.101, such as 90 days post-service of maximum medical improvement, 130 weeks maximum TTD benefits paid or refusing an offer of suitable work.
• If the employee is receiving TPD benefits while working in a medically restricted capacity and is laid off from the employer due to COVID-19, the employee is no longer eligible for TPD benefits as provided in Minn. Stat.§ 176.101, subd. 2(b). However, Minn. Stat. § 176.101, subd. 1(e)(1), provides that an employee who is laid off for any reason other than misconduct is entitled to recommencement of TTD benefits (unless the employee has already been paid 130 weeks of TTD benefits or is already 90 days post-service of maximum medical improvement). Depending on whether the layoff is permanent or temporary, the employee may be required to search for work to retain entitlement to TTD benefits and may be entitled to vocational rehabilitation benefits.
• Unemployment and workers’ compensation benefits: Minnesota workers' compensation benefits are primary over unemployment benefits under Minn. Stat. § 268.085, subd. 3a. Note that Executive Order 20-29, related to unemployment benefits, does not waive subdivision 3a. Therefore, if an employee who is receiving or is entitled to receive TTD or TPD benefits is laid off, workers' compensation wage-loss benefits are primary over any unemployment benefits that may be payable. The employer and/or the laid-off employee should contact the Minnesota Department of Employment and Economic Development at uimn.org for more information about the interaction between workers' compensation and unemployment benefits.

Mississippi VIEW STATE →

REGULATORY ACTIVITY:

• In an effort to expedite settlements, this Settlement Summary will be required to be attached to all settlements insuring that the Commission has the proper information when evaluating settlements. Effective July 1, 2019. To view this notice, go to https://mwcc.ms.gov/#/home.

Mississippi Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued Bulletin 2020-10 which is an extension of bulletin 2020-01 and 2020-09 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.aspx#auto.

Missouri VIEW STATE →

REGULATORY ACTIVITY:

• The Division continues to offer most services remotely and electronically with some in-person matters heard by appointment only. Please read the health and safety guidelines for in-person appointments below.
• Notarized signatures for pro se claimants: When a stipulation for compromise settlement is signed by the pro se claimant after the telephone appearance before an ALJ the signature must be notarized. Electronic notary information is available on the MO Secretary of State’s website.
• Pre-hearings: It is preferred that Attorneys agree to submit one status report which will be reviewed by an ALJ who will make a minute entry and add the status report to the legal file. If an Attorney has not responded to attempts to communicate about the case then that can be expressed in the status report submitted to the Division.
• Requests for settings: Attorneys must communicate with one another about the case before requesting a setting of any type before an ALJ; the setting is intended to provide assistance with unresolved issues.
• Hearings: The Division will schedule hearings by teleconference, videoconference, and in-person settings with priority given to emergency hearings, PTDs, and some complex PPDs where credibility and liability are at issue. The Division may schedule other types of hearings and complex mediations as time/space allows.  A request for hearing should demonstrate that all discovery is complete, and issues are ready for final resolution. Expect to participate in a pre-trial conference to discuss issues, witnesses, how the hearing will take place, and how to submit exhibits electronically in advance of the hearing through Box.com. The Division is a resource if you need assistance with electronic submission of information and communication. Please reach out to a local office or the central office and let us know how we can help. Filings may be submitted to the Division by Box.com or by Fax to 573-522-5043. Instructions for Box.com are available on the Division’s website.  Local Office Docketing Contact Chart: Cape Girardeau, 573-290-5757, CGDocketing@labor.mo.gov;  Jefferson City, 573-751-4231,  JCDocketing@labor.mo.gov;  Joplin,  417-629-3032,  JoplinDocketing@labor.mo.gov; Kansas City, 816-889-2481, KCDocketing@labor.mo.gov;  Springfield, , 417-888-4100,  SGFDocketing@labor.mo.gov; St. Charles, 636-949-1999,  STCDocketing@labor.mo.gov; St. Joseph, 816-387-2275, STJoeDocketing@labor.mo.gov; St. Louis, 314-340-6865, STLDocketing@labor.mo.gov.
• IMPORTANT MATTERS TO CONSIDER BEFORE IN-PERSON HEARINGS: The safety of the Division’s employees, visitors, parties, and attorneys is paramount and therefore sufficient planning and preparation needs to occur before attending in-person hearings. If you, your client, or a witness can answer “Yes” to any of the following questions, please request a continuance and make arrangements for a telephone/video conference meeting by contacting the docket clerk at the local adjudication office. Do you, or a person you live with, have:
  • A temperature of 100.4⁰F or higher, OR;
  • Two or more of the following: chills, new loss of taste or smell, or unexplained body aches, headache, or sore throat, OR;
  • One or more of the following: dry, non-productive cough (new onset or worsening of chronic cough), shortness of breath, or difficulty breathing, OR;
  • Been with someone who has been regarded as being at high risk for infection, been tested positive for the virus or are in self-quarantine, or are assessing, treating and caring for those with COVID-19 symptoms in the health care field or in a hospital.
• Please remember that if you are attending an in-person hearing you need to practice social distancing and follow the guidelines posted at the Division’s facilities. These guidelines ask that you not enter the facilities if you answer “Yes” to any of the above questions. Visitors are encouraged to bring and wear their own masks. However, we are not requiring Division’s staff or visitors to wear facemasks at this time (unless 6 feet social distancing is not attainable).  To view this notice, go to https://labor.mo.gov/DWC.
• Published the State Average Weekly Wage and Maximums.  The State Average Weekly Wage and Maximums become effective July 1, 2020.  To view the announcement, go to https://labor.mo.gov/DWC/notices.

Montana VIEW STATE →

FEE SCHEDULE NEWS:

• A new Medical and Hospital Fee Schedule has been adopted with an effective date of July 1, 2020. The next update is expected July 2021.

REGULATORY ACTIVITY:

• Posted notice of a proposed amendment to NCCI Workers' Compensation Classifications.  The public hearing regarding the changes will be held on July 8, 2020, comments will be taken until July 16, 2020.  In the matter of the amendment of ARM 6.6.8301 pertaining to establishment, deletion, or revision of classifications for various industries for supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance.  To view this notice, go to https://csimt.gov/laws-rules/.
• In the matter of the amendment of ARM 29.1433, 24.29.1534, and 24.29.1538 pertaining to medical fee schedules for workers' compensation purposes. NOTICE OF AMENDMENT; TO: All Concerned Persons:  1. On April 17, 2020, the Department of Labor and Industry (department) published MAR Notice No. 24-29-354 pertaining to the public hearing on the proposed amendment to the above-stated rules at page 634 of the 2020 Montana Administrative Register, Issue Number 7.   2. The department held a public hearing in Helena on May 8, 2020, over the Zoom videoconference and telephonic platform at which one member of the public commented on the proposed rule actions.  Written comments were not received during the public comment period.   3. The department has thoroughly considered the comments made.  A summary of the comment and the department's response are as follows: COMMENT 1:  A commenter spoke in favor of the proposed rules, noting that the amendments to the proposed rules are based on the governing statutes and rules. RESPONSE 1:  The department acknowledges the comment.4.  The department has amended ARM 24.29.1433, 24.29.1534, and 24.29.1538 as proposed.  To view this notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=9846.

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• Posted a notice regarding Nebraska Workers' Compensation Court Trials, hearings, Filings and Deliveries.  To view the notice, go to https://www.wcc.ne.gov/home/court-news/2020-7-news
• A message to attorneys regarding trials in the Nebraska Workers’ Compensation Court; Posted: 10 Jun 2020 12:33 PM PDT. Counsel:  This email is intended as a courtesy request from me (the presiding judge) to you (the frequently practicing attorneys in our court). As you all know, trials are being conducted in traditional fashion now. In other words, trials are being held live and in person rather than by video (unless video is requested and ordered by the trial judge).  Despite this return to live trials, things are still not normal. One challenge this court faces is access to courtrooms outside of Lincoln and Omaha. As you know, jury trials were suspended in most (if not all) counties. Counties are trying to play catch up now, leading to lack of access to some courthouses outside of Douglas and Lancaster counties. To be clear, we have been able to reserve a courtroom in some courthouses outside of Douglas and Lancaster counties, but this can vary from day to day and county to county. So, what I am asking of you as practicing attorneys in our court is to think about those upcoming trials you have in venues outside of Lincoln and Omaha. At least seven days before the trial date, ask yourself: Is this case ready for trial or is it clear a continuance is going to be needed? If you and opposing counsel agree that a continuance is needed, please contact the judicial assistant of the trial judge, and inform her that a continuance will be requested. This saves our court time trying to find a courtroom.  Is my client willing to move this trial to Lincoln or Omaha if there is not a courtroom available in the county courthouse where the case is venued? Discuss this possibility with your client and opposing counsel. Please let the judicial assistant know if the parties are willing to move the trial to another county in the event there is no access to the venued courthouse.  Is my client willing to move this trial to a nearby venue if there is not a courtroom available in the county courthouse where the case is venued? Discuss this possibility with your client and opposing counsel. You will need to work with the judicial assistant to see what courthouses are available.     Is my client willing to conduct the trial by video? We use Google Meet for our video platform. It is simple and the clerk will test with everyone to ensure connectivity. You will need a computer, laptop, tablet, or smartphone with a camera and microphone. Not all parties have to appear by video. Discuss the options with your client and opposing counsel.  We are trying to return our normal procedure as much as possible. In some cases, it is still not feasible. I ask for your cooperation and assistance to make this easier for everyone involved, including your clients. If you have any questions on access to county courthouses, please contact the judicial assistant or the clerk of the court.  To view this message, go to https://nebraskawcc.blogspot.com/.
• The Division of Industrial Relations of the Department of Business and Industry hereby adopts the Actuarial Annuity Table, pursuant to NRS 616C.495 (5), effective July 1, 2020.  A copy of the Actuarial Annuity Table as adopted is attached hereto. To view this notice and the attached table, go to http://dir.nv.gov/WCS/Important/

Nevada VIEW STATE →

REGULATORY ACTIVITY:

• The Nevada Division of Insurance (“Division”) issues this guidance to workers’ compensation insurance carriers who have issued policies to employers in Nevada. This guidance is intended to address the effects of the COVID-19 emergency on workers’ compensation in Nevada. Restrictions pertaining to social distancing have had the effect of limiting the operations of many businesses. In response, some business owners have decided to close but continue to pay employees. That decision may, in turn, minimize or eliminate risks covered by workers' compensation insurance. The Nevada Division of Insurance has approved filing B-1441 (Nevada State tracking number 91496) by the National Council on Compensation Insurance (“NCCI”), which developed a new rule and a corresponding statistical code for reporting such payroll and that excludes such payroll from the calculation of workers’ compensation premium. Furthermore, Nevada law does not prohibit workers' compensation carriers from suspending premium payments by the closed-but-paying employers. However, all reporting requirements of the NCCI will remain in effect. Workers’ compensation insurers are encouraged to consider the impact on rates of any idling of workers by insured employers, and insurers should, if requested by the insured employer, conduct an audit in order to determine whether the insured is entitled to any adjustment in premium due to the idling, furloughing, laying off, or other dismissal of workers. Insurers are encouraged to allow self-auditing, self-reporting, and/or virtual audits in lieu of physical audits to the extent that physical audits are impracticable. Likewise, if an insured employer has remained open but has shifted workers to a telecommuting basis, insurers are requested to reflect the appropriate classification of those workers under NCCI Classification Code 8871: Clerical Telecommuter Employees, or other appropriate classifications based on the duties of the employees while normal business operations are interrupted or suspended. Once normal business operations resume, appropriate classifications should be applied. Reasonable and consistently applied premium adjustments or audit accommodations as described in this guidance are consistent with the approach outlined by NCCI in its COVID-19 FAQ document, found on the NCCI website at https://www.ncci.com/Articles/Pages/Insights-coronavirus-faqs.aspx. Such approaches by insurers are also understood by the Division to be consistent with currently approved rating plans, rules, and policy language, and with all applicable Nevada statutes and regulations. To view this notice, go to http://doi.nv.gov/uploadedFiles/doi.nv.gov/Content/News_and_Notices/DOI_Letterhead_ADA_Compliant%20(7).pdf.

New Jersey WC VIEW STATE →

REGULATORY ACTIVITY:

• This notice announces additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing COVID-19 health crisis in New Jersey.  In accordance with Governor Murphy’s previous Executive Orders, all N.J. Workers’ Compensation Courts shall continue to be closed to the public until Monday, July 13, 2020. To view this notice, go to https://www.nj.gov/labor/wc/wc_index.html

New Mexico VIEW STATE →

FEE SCHEDULE NEWS:

• The Gross Tax Receipts schedule has been updated for the period of July 1, 2020 through December 31, 2020. The next update is expected January 1, 2021.

REGULATORY ACTIVITY:

• Until further notice, as a result of the ongoing COVID-19 Pandemic, the Workers' Compensation Administration (WCA) Dispute Resolution Division will continue operations as follows: Mediations, Settlement Conferences, Judicial Hearings, and Expedited Lump Hearings will be conducted remotely either telephonically or via internet web platform.  Unless otherwise ordered by the WCA judge, the parties shall prepare all evidentiary and formal hearings for evidence submission to the WCA judge.  Similar to the testimony of all expert witnesses, lay witness testimony shall be submitted via written or video deposition. Upon receipt of the pre-trial order, trial exhibit lists, and exhibits, and at the request of the parties, the trial judge may schedule the matter for telephonic or video oral arguments. Following the submission of evidence, the trial judge shall issue a Compensation Order.   Questions should be directed to Kenneth Owens, Kenneth.Owens@state.nm.us.

New York VIEW STATE →

REGULATORY ACTIVITY:

• The Board has published a COVID-19 & Workers’ Compensation Q&A document to answer questions about workers’ compensation benefits to employees who get COVID-19 while on the job. This Q&A is available on the Board’s website located at http://www.wcb.ny.gov/covid-19/. FOR EMPLOYEES:  If you believe you became ill with COVID-19 due to your  work, you should tell your employer as soon as possible, file an Employee Claim (Form C-3) with the Board, and see a doctor to obtain a diagnosis. For more details, please see the How Do I File a Claim? Section. FOR EMPLOYERS:  If a worker reports that they are sick due to a workplace exposure, you must contact your workers’ compensation insurance carrier immediately. The insurance carrier then has 18 days to act on the claim and must begin paying benefits within this time frame if the claim is accepted. Please share this information with your employees.
• The Chair proposes the amendment of 12 NYCRR 300.22 and 300.23, to update the regulations for clarity, and to reflect updates to the eClaims system which incorporate the national standard EDI version 3.1. The Notice of Proposed Rule Making was published in the June 10, 2020 edition of the State Register Link to External Website. Comments regarding the revised proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov. To view this notice, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1305.jsp.  To view a copy of the proposed rule, go to http://www.wcb.ny.gov/content/main/wclaws/12NYCRR300_22-300_23Eclaims/.
• The Chair proposes the amendment of 12 NYCRR 325-1.3 to change "physicians" to "treating providers" to conform to the expanded provider law. This amendment also clarifies that the prescribed format for submitting reports may be electronic and allows carriers, self-insured employers, and TPAs to designate a single mailing address for medical reports and bills. The Notice of Proposed Rule Making was published in the June 10, 2020 edition of the State Register Link to External Website. Comments regarding the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov.  To view this notice, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1304.jsp.  To view a copy of the rule, go to http://www.wcb.ny.gov/content/main/wclaws/12NYCRR325-1_3TreatingProviders/.
• The Chair proposes a rulemaking to add two new Medical Treatment Guidelines (MTG): Hand, Wrist and Forearm Injuries and Occupational/Work-Related Asthma. The proposed Hand, Wrist and Forearm Injuries MTGs contain treatment recommendations for carpal tunnel syndrome and will replace the current Carpal Tunnel Syndrome MTG upon becoming effective. The Notice of Proposed Rule Making was published in the June 10, 2020 edition of the State Register. Comments will be accepted for 60 days from publication in the State Register. Please submit comments by emailing regulations@wcb.ny.gov. To view a copy of this notice, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1303.jsp.  To view a copy of the rule, go to http://www.wcb.ny.gov/content/main/wclaws/12NYCRR324_2AsthmaHandWristForearmMTG/.
• COVID-19 Bulletin from the Medical Director's Office: This bulletin addresses the current knowledge, assessment, and treatment of COVID-19 for affected workers in New York State. This bulletin provides information for injured workers, providers, and carriers. Because clinical information about the optimal management of COVID-19 is evolving quickly, additional bulletins may be issued as disease patterns and treatment options are further developed.
• The New York State Workers’ Compensation Board announced the hiring of Brian Gordon, M.D., and James A. Tacci, M.D., J.D., M.P.H., (FACOEM, FACPM), who will be joining the Board’s Medical Director’s Office. Dr. Gordon will serve as Medical Director and Dr. Tacci as the Board’s Executive Medical Policy Director. In their new roles, Drs. Gordon and Tacci will oversee medical issues at the Board, with a key focus on ensuring high quality care and outcomes for injured workers. They will advise on the Board’s Medical Treatment Guidelines, NYS Workers’ Compensation Drug Formulary and medical fee schedules for provider reimbursement; issue medical opinions for complicated, disputed workers’ comp cases; provide expertise to Board leadership on important medical subjects; and help direct training for Board-authorized providers. “We are extremely excited to welcome Drs. Gordon and Tacci to the Board,” said Chair Clarissa M. Rodriguez. “The depth of their knowledge and the breadth of experience they bring to the Board will help further our mission of getting injured workers the medical care they need to heal quickly and get back to work safely. The Board looks forward to the valuable contributions Drs. Gordon and Tacci will undoubtedly make as we continue striving to be better for workers and better for business.” Dr. Gordon joined the Board on May 4, coming from St. Peter’s Hospital’s Spine and Neurosurgery Center, where he had been serving as the Medical Director, as well as a practicing orthopedic spine surgeon. Before St. Peter’s, Dr. Gordon was a Managing Partner at New York Spine and Neurosurgery. He is also a diplomat of the American Board of Orthopedic Surgeons and the National Board of Medical Examiners. Throughout his career, Dr. Gordon has been active in both the operative as well as non-operative treatment of cervical, thoracic, and lumbar spinal conditions. Dr. Gordon also has extensive experience in government. He was a member of the Schenectady County Legislature and has served as a consultant to the NYS Attorney General’s Office, the US Department of Justice, the NYS Department of Health Office of Professional Medical Conduct, and as an arbitrator for the Board’s Medical Director’s Office. Dr. Tacci will join the Board on August 3, bringing a combination of medical and legal expertise. Most recently he’s served at the University of Rochester Medical Center (URMC) as an attending physician and Associate Professor of Occupational and Environmental Medicine at Strong Memorial Hospital; Program Director of the Department of Public Health Sciences, General Preventive Medicine & Public Health Residency Program; and Medical Director for the URMC Travel Medicine/Passport Health Clinics in Rochester and Syracuse. Additionally, Dr. Tacci is an Attorney of Counsel at the law firm Barclay Damon, LLP, and is an independent consultant on medico-legal issues. Tacci’s clinical practice includes comprehensive occupational medicine services for University of Rochester employees, as well as hundreds of local and regional employers. His work has included comprehensive management of work-related injuries and illnesses; complex determinations regarding diagnosis, causation, treatment, and return-to-work capabilities; and on-site consultative activities for various medium-to-large employers. His work in the field of law has involved health and human services; professional malpractice; corporate and business transactions; and labor and employment law. Since 2007, Dr. Tacci has served on the Board’s Medical Treatment Guidelines Task Force, and later its Medical Advisory Committee, and has participated in the drafting of all our current medical treatment guidelines. The New York State Workers’ Compensation Board protects the rights of employees and employers by ensuring the proper delivery of benefits and by promoting compliance with the law. For more information about the Board and the work it does, go to wcb.ny.gov. To view this notice go to http://www.wcb.ny.gov/content/main/PressRe/new-appointments-medical-directors-office.jsp.
• The Chair has adopted an amendment to 12 NYCRR 441.2 to amend the New York Workers' Compensation Drug Formulary (NY WC Formulary) and make permanent the emergency rulemaking that was effective April 1, 2020. A Notice of Emergency Adoption and Proposed Rulemaking were published in the March 18, 2020, edition of the State Register Link to External Website. The Notice of Adoption was published in the June 17, 2020, edition of the State Register.  To view this bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/subjectNos.jsp To view the rule, go to http://www.wcb.ny.gov/content/main/wclaws/drug-formulary-441-2

New York No-Fault VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice of adoption of emergency regulations regarding unfair claims settlement practices.  To view the notice and documentation regarding the adoption, go to https://www.dfs.ny.gov/industry_guidance/regulations/emergency_insurance.
• Posted notice of adoption of an emergency rule affecting unfair claim practices. Insurance Law Section 2601 prohibits an insurer doing business in New York State from engaging in unfair claims settlement practices and sets forth a list of acts that, if committed without just cause and performed with such frequency as to indicate a general business practice, will constitute unfair claims settlement practices. Insurance Regulation 64 sets forth the standards insurers are expected to observe to settle claims promptly and fairly. Properties in New York State have recently been looted and vandalized by individuals that have infiltrated and used the peaceful protests against police brutality and racial discrimination to commit these destructive and damaging acts across New York State. In order to help consumers and businesses thus affected, this emergency rulemaking requires insurers to promptly process and investigate insurance claims made by claimants; allows claimants to make immediate repairs to certain parts of damaged real property, if necessary, to protect health and safety; and to submit proof of loss by photographs or video recordings. This emergency regulation also offers individual and small business claimants the option to resolve disputes through an impartial mediation process, paid for by the applicable insurer. Many of the businesses in the areas affected by the looting and vandalism have been closed for several weeks in compliance with the Governor’s Executive Orders to help contain the spread of COVID-19. They have been looking forward to re-opening their businesses to sustain their operability, provide employment, and resuscitate the local economy. It is therefore of the utmost importance that these insureds are able to start rebuilding their businesses right away. Given the nature and extent of the damage caused by the looters and vandals, and the need for businesses to be able to reopen as soon as possible upon their region meeting the COVID-19-related reopening requirements, the existing regulation’s time frames are inadequate to protect affected consumers and businesses and to ensure the public’s safety and welfare. For the reasons stated above, the promulgation of this regulation on an emergency basis is necessary for the public health, public safety, and general welfare. To timely investigate claims, permit immediate repairs of certain real property, and allow mediation for claims due to riot. This emergency rule applies to any claim filed after May 30, 2020.

North Carolina VIEW STATE →

REGULATORY ACTIVITY:

• Consistent with current directives and recommendations as detailed below, as of June 1, 2020, mediations in Industrial Commission cases may be conducted either in-person or remotely by consent, though mediators have been advised by the Dispute Resolution Commission that mediations shall, to the fullest extent possible, be conducted remotely. In Industrial Commission cases where all parties have not consented to a remote mediation, any party may have the physical attendance requirement excused or modified by order of the Commission, pursuant to Rule 11 NCAC 23G .0104(b). The party seeking to have the physical attendance requirement excused or modified should file a motion pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111 and should address the motion to the Commission’s Dispute Resolution Coordinator, John Schafer. Current Directives and Recommendations: Chief Justice Beasley’s April 2, 2020 Order directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020, unless the proceeding is conducted remotely or unless another exception applies. The Dispute Resolution Commission thereafter advised that through May 31, 2020, mediations may be conducted remotely by consent; otherwise, the mediation should be scheduled or rescheduled for on or after June 1, 2020. On May 14, 2020, the Dispute Resolution Commission transmitted a memo to all certified mediators concerning the safety of mediators and other participants and the recommended procedures to follow as of June 1, 2020. The memo advised that as of June 1, 2020, mediations may be conducted in-person or remotely by consent. The memo further stated, “Mediations shall, to the fullest extent possible, be conducted remotely via video or teleconference.” Additionally, the memo stated, “Any mediation conducted in person shall be done in strict compliance with all executive orders and social distancing requirements. All parties to the mediation shall use appropriate social distancing practices and safety procedures.”  To view the above information, go to http://www.ic.nc.gov/index.html.
• The Industrial Commission intends to adopt a temporary rule amendment to Rule 11 NCAC 23G .0104. The Industrial Commission held a public hearing on this proposed temporary rule amendment, via teleconference only, on Thursday June 25, 2020 at 2 p.m. The Industrial Commission will accept written comments on the proposed temporary rule amendment from June 15, 2020 through July 8, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic. To view this notice, go to http://www.ic.nc.gov/news.html#hot.

North Dakota VIEW STATE →

REGULATORY ACTIVITY:

• With the recent information regarding COVID-19, WSI is opening the lobby to the public beginning Monday, June 22, 2020. Visitors are asked to use the doors at the south entrance of the building located off of Century Avenue. Lobby hours will be 8:30 am to 4:30 pm Monday through Friday. Visitors will be able to drop off forms or documents related to their claim or policy. The majority of WSI staff continue to work from home and can be reached through Customer Service at 800-777-5033. In late March, WSI closed its doors to the public but employees continued from home or in the office. Business continued to be conducted by appointment, over the phone, or online. WSI asks visitors to practice social distancing and to stay home if feeling sick. Many services are available online at workforcesafety.com or over the phone. To view this notice, go to https://www.workforcesafety.com/news/wsi-opening-lobby-open-public.

Oregon VIEW STATE →

REGULATORY ACTIVITY:

• Issued Bulletin Number 1 Revised regarding attorney fees. The bulletin becomes effective on July 1, 2020. This bulletin publishes the annual adjustment to attorney fees awarded under ORS 656.262(11) (a), ORS 656.262(14) (a), and ORS 656.308(2) (d).  See OAR 438-015-0033; OAR 438-015-0038; OAR 438-015-0055(5); OAR 438-015-0110(3).  This bulletin replaces Bulletin No. 1 dated June 3, 2019. Effective January 1, 2016, House Bill 2764 section 2 (2015) raised the maximum attorney fee under ORS 656.262(11) (a) to $4,000 absent a showing of extraordinary circumstances.  ORS 656.262(11) (a) and ORS 656.308(2) (d) provide that the attorney fees awarded under those subsections are adjusted annually on July 1 by the same percentage increase, if any, as made to the state’s average weekly wage (SAWW) under ORS 656.211.  In accordance with these statutes, OAR 438-015-0038, OAR 438-015-0055(5) and OAR 438-015-0110(3) provide that the maximum attorney fee (in the absence of extraordinary circumstances) is subject to an annual adjustment on July 1 by the same percentage increase as made to the SAWW defined in ORS 656.211, if any, as calculated by the Workers’ Compensation Division (on behalf of the Director).   To view this bulletin, go to https://www.oregon.gov/wcb/legal/Pages/bulletins.aspx.
• The Workers’ Compensation Division has published proposed rules: OAR 436-009, Oregon Medical Fee and Payment. Amended rule 0012:
  • Defines “telehealth”;
  • States that all services must be appropriate, and the form of communication must be appropriate for the service provided;
  • Clarifies that medical services that may be provided through telemedicine are not limited to those listed in Appendix P of CPT® 2020; and
  • Explains that when billing for telehealth services other than telemedicine services, a distant-site provider must use the place-of-service code “02,” and may not use modifier 95.
  • Amended rule 0040 and its Appendix B, the physician fee schedule, increase maximum allowable payments for certain telephone and digital evaluation and management services.

A public rulemaking hearing is scheduled for July 22, 2020, 2 p.m. You are invited to listen or testify by telephone, as state offices will not be open on the day of the hearing: 541-465-2805 or local numbers: Eugene, 541-465-2927; Salem, 503-934-3605; Portland, 503-731-8655; Albany, 541-917-8395; Bend, 541-318-7989; Grants Pass, 541-474-3182; Medford, 541-857-2581; Corvallis, 541-757-5147; Roseburg, 458-802-7054. Teleconference PIN: 971151. Send written comments to: Email –  fred.h.bruyns@oregon.gov; USPS mail – Fred Bruyns, rules coordinator; Workers’ Compensation Division; 350 Winter Street NE (for courier or in-person delivery) PO Box 14480, Salem, OR 97309-0405. The closing date for written comments is July 28, 2020. To view this notice, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx

OWCP VIEW STATE →

FEE SCHEDULE NEWS:

• The Office of Workers’ Compensation Programs (OWCP) has adopted a new schedule for medical, outpatient and ASC services with an effective date of June 30, 2020.

Pennsylvania WC VIEW STATE →

FEE SCHEDULE NEWS:

• The state has adopted changes to the PAWC Part A and Part B Fee Schedule services with an effective date of July 1, 2020. The next update is expected in October 2020.

REGULATORY ACTIVITY:

• Published and made available the Pennsylvania Workers' Compensation and Workplace Annual Report.  To view this notice, go to https://www.dli.pa.gov/Businesses/Compensation/WC/Pages/default.aspx.

Tennessee VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 2189 This bill makes the exemption for out-of-state employees who are temporarily located in Tennessee inapplicable to construction services providers and requires that construction services providers maintain workers' compensation coverage throughout the duration of the time that they work in Tennessee. A construction services provider who does not obtain coverage as required by this bill will be subject to a penalty of up to the greater of: (1) $1,000; or (2) 1.5 times the average yearly workers' compensation premium for the construction services provider based on applicable factors described in detail in the full text of this bill. Under present law, a construction services provider is subject to a penalty in the amounts described in the preceding (1) and (2) if the employer misclassifies employees to avoid proper classification for premium calculations by concealing any information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing payroll information, number of employees, or employees' duties. An individual or entity that is not a successor-in-interest or a principal of a construction services provider who is so penalized is not liable for the monetary penalties. This bill makes a successor in interest to a construction services provider liable for a monetary penalty for misclassification or noncompliance with insurance requirements. This bill defines "successor in interest" to mean, for purposes of determining liability for a monetary penalty based on misclassification or noncompliance with insurance requirements only, a successor in ownership of all, or substantially all, of a business or enterprise that is carried on and controlled in substantially the same manner as the penalized construction services provider. This bill extends to a successor in interest the right to appeal a monetary penalty based on misclassification or noncompliance with insurance requirements. This bill authorizes the chief administrative officer of the bureau of workers' compensation of the department of labor and workforce development to waive a penalty against a successor in interest that is based on misclassification or noncompliance with insurance requirements for good cause. Effective Date June 15, 2020.

• Senate Bill 2190 Requires an injured worker, subject to workers’ compensation coverage, whose treating physician has determined that such worker be referred to a specialist, be provided with a panel of specialists, rather than such panel only be provided upon the employer’s request. Establishes a minimum period of 180 days for an injured worker to request additional benefits following such worker reaching maximum medical improvement. Lowers the minimum impairment rating, from 10 percent to 9 percent, for increased benefit eligibility in extraordinary cases. Deletes requirement that a full and final hearing of the Court of Workers’ Compensation be provided to an employee who has filed a claim against an employer for workers’ compensation benefits no more than 60 days after the notice of hearing has been filed. Effective Date June 22, 2020. 

Texas VIEW STATE →

REGULATORY ACTIVITY:

• TDI adopts amendments to workers' comp relativities rule: Senate Bill 1336 from the 2019 Texas Legislature eliminated the statutory requirement for the Texas Department of Insurance (TDI) to develop workers' compensation classification relativities. TDI has adopted a rule change to remove rate filing requirements relating to relativities.
• The Division of Workers’ Compensation (DWC) issues a mandatory data call for certain information related to COVID-19 injuries reported to selected insurance carriers on or after December 1, 2019. The Workers’ Compensation Research and Evaluation Group (REG) will compile the results on behalf of DWC. DWC requests this information under Texas Labor Code §§024, 402.00111(b), 402.00128(b) (10) and (12), and Chapter 405. This data call is designed to provide DWC with immediate access to information necessary to determine the impact of COVID-19 injuries on the Texas workers’ compensation system. DWC directs all selected insurance carriers and insurance carrier groups to provide summary data using the COVID-19 data call reporting forms and instructions. Each selected insurance carrier or group is required to provide one data submission per insurance carrier or group. Insurance carriers and groups must submit the requested data to DWC through the insurance carrier Austin representative’s Secure File Transfer Protocol box no later than 5 p.m., Central time on August 17, 2020. This submission should include all COVID-19 exposures and injuries reported and payments made on these injuries through June 30, 2020. See the schedule attached to this bulletin for subsequent submission deadlines. Subsequent data call submissions are cumulative. Insurance carriers should maintain injury level data for the injuries reported in this data call and may be asked to submit that data to DWC in the future. For questions about this bulletin, please contact the Workers’ Compensation Research and Evaluation Group at WCResearch@tdi.texas.gov.  To view this bulletin, go to https://www.tdi.texas.gov/bulletins/index.html.
• Published bulletin B-0030-20 regarding Coronavirus (COVID-19) - resuming certain designated doctor examinations and required medical examinations.  To view the bulletin, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.
• The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is accepting public comments on a proposed rule amending 28 Texas Administrative Code §132.7 to conform to Texas Labor Code §408.183. The Legislature amended Labor Code §408.183 under House Bill (HB) 2503, which went into effect September 1, 2019.  The proposed changes will align DWC’s rules regarding the duration of death benefits with the statutory changes made by HB 2503. HB 2503 expanded eligibility of spouses who may receive death benefits for life, regardless of remarriage, to spouses of peace officers as described in Texas Code of Criminal Procedures Article 2.12 and intrastate fire mutual aid system team members or regional incident management team members. HB 2503 only applies to an eligible spouse who remarries on or after September 1, 2019.  To view this notice, go to https://www.tdi.texas.gov/alert/whatsnew/index.html.
• The Texas Department of Insurance (TDI) is extending a requirement that insurers cover telemedicine services, including mental health visits, at the same rate as in-person visits. An emergency rule in place since March helps doctors across Texas treat their patients and limit the spread of COVID-19. “This extension will help protect patients and our state’s health-care professionals while maintaining access to care,” said Insurance Commissioner Kent Sullivan. Under the emergency rule, state-regulated health insurers and health maintenance organizations must:
  • Pay in-network health professionals at least the same rate for telemedicine services as for in-person services, including covered mental health services.
  • Cover telemedicine services using any platform permitted by state law.
  • Not require more documentation for telemedicine services than they require for in-person services.

In March, Governor Greg Abbott suspended a law limiting coverage for medical services and consultations provided by phone. The suspension remains in place and means insurers must pay for covered visits or consultations provided over the phone. The original emergency rule took effect March 17 and was set to expire July 14. With the extension, the rule will remain in effect through September 12.  State-regulated plans, including those purchased through Healthcare.gov, cover about 15% of the Texas market. The insurance cards for state-regulated plans have either “DOI” (for department of insurance) or “TDI” (Texas Department of Insurance) printed on them.  To view this notice, go to https://www.tdi.texas.gov/news/2020/tdi06242020.html.

• TDI has approved the National Council on Compensation Insurance (NCCI) filing Item U-1401- Nature and Cause of Injury Codes for COVID-19 (Coronavirus) Claims. The changes in Item U-1401 apply to new and renewal policies effective for claims attributable to COVID-19 with accident dates on and after December 1, 2019.

Vermont VIEW STATE →

REGULATORY ACTIVITY:

• Issued a memorandum regarding formal hearings. Due to the effects of the Covid-19 pandemic on public health in Vermont, the Department of Labor continually strives to minimize the risks of infectious spread among litigants, witnesses, attorneys, Department of Labor staff, and the public at large. Therefore, the Department is not presently open to the public for purposes of conducting in-person formal hearings in workers’ compensation claims, workers’ compensation penalty cases, or wage and hour cases. The date for the Department’s reopening for these purposes has not yet been identified and will depend in significant part on the progression of the pandemic both in Vermont and in our region. Although a full reopening in 2020 remains possible, interested parties should plan as though the Department will not hold any in- person formal hearings until at least January 2021.   Resolving disputes using the formal hearing process continues to play a vital function in the Department’s mission. Therefore, unless an administrative law judge orders otherwise, all formal hearings in workers’ compensation claims, workers’ compensation penalty cases, and wage and hour cases scheduled through December 31, 2020 will take place as scheduled via video conference, using either Skype or Microsoft Teams software.  All attorneys and unrepresented parties with formal hearings scheduled to occur in 2020 should download and install the free versions of Skype and Microsoft Teams that are available for download from Microsoft’s website. To the extent practicable, parties and attorneys should take steps to ensure that non-party witnesses who would otherwise testify in person at a formal hearing also have access to the relevant video conferencing software. However, the administrative law judges may allow non-party witnesses to appear via telephone.    The administrative law judges may grant continuances or specific accommodations for good cause shown on a case by case basis, except that no formal hearings will take place using Zoom or other virtual meeting software not supported by the State of Vermont.  The preference of the parties for an in-person hearing, by itself, shall not be considered good cause.

Virginia VIEW STATE →

REGULATORY ACTIVITY:

• Beginning July 1, 2020 and in accordance with § 65.2-601.2, the Virginia Workers' Compensation Commission will issue a 30-Day Order Claim Filed on all claims filed pursuant to § 65.2-601. A response to the order will be considered a required report under § 65.2-902. A failure to timely file the required report may result in the assessment of a $500 civil penalty for each failure and up to $5,000 if such failure is determined to be willful.
• The Commission is currently experiencing limited mediator availability statewide as we focus on conducting hearings which were canceled this spring due to COVID-19. The Alternative Dispute Resolution Department is currently working with a waiting list and is encouraging mediation by telephone or video conference. On May 21, 2020, the Commission entered an order setting forth the conditions under which in-person hearings may occur. Those same conditions apply to in-person mediations and include temperature checks and screening prior to entering a Commission facility and wearing a mask at all times while being in a Commission facility. Additionally, all persons must remain six feet apart and no more than ten persons may occupy any given space. The Commission will not be providing candy or water for mediations, as offered in the past. In order to comply with these requirements, in-person mediation availability is limited and cannot be guaranteed. We have had success with mediating by video and telephone using WebEx. More information on WebEx may be found at http://www.workcomp.virginia.gov/documents/joining-webex-meeting?utm_source=Master+List&utm_campaign=7086c83b12-EMAIL_CAMPAIGN_2018_08_31_07_27_COPY_01&utm_medium=email&utm_term=0_287c6e9cba-7086c83b12-80132883.%20We%20appreciate%20your%20patience%20and%20understanding.

Virginia Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued order 12106 regarding application of automobile insurance plans service office. The order becomes effective July 1, 2020.

Washington VIEW STATE →

REGULATORY ACTIVITY:

• The Washington State Department of Labor & Industries announces changes to the Outpatient Drug Formulary effective July 1, 2020.  The changes are available for review in the online Outpatient Drug Formulary PDF document located at https://lni.wa.gov/patient-care/treating-patients/drugs-and-prescriptions/. Summary of changes:  Added the following new drug classes: M4V, M4W, U5M; B6Z: olodaterol (Striverdi Respimat) is now preferred; H2H and H7J: coverage status changed to now require prior authorization; and Q6P: difluprednate added to formulary.
• Labor & Industries (L&I) temporary telehealth payment policies will extend through June 30, 2021. The original expiration of July 3, 2020 has been extended until next year. We are continuously evaluating the effectiveness of these policies in helping injured workers heal and return to work. In the event L&I determines it is appropriate to either end or extend these policies, it will notify the public.
• The Department of Labor & Industries (L&I) developed the COVID-19 temporary interpreter services policy to ensure meaningful access to interpreter services to support the safety and health of our clients during the pandemic. This policy allows in-person interpreters the option of providing video or telephone interpretation. The original COVID-19 Temporary Policy expiration of July 3, 2020 has been extended until June 30, 2021.  The updated COVID-19 temporary Interpreter Services via Video or Telephone policy is available on the Medical Aid Rules and Fee Schedules Updates and Corrections webpage. We are continuously evaluating the effectiveness of these policies to help injured workers heal and return to work. In the event L&I determines it is appropriate to either end or extend these policies, we will send an advanced notice through this messaging service. Questions on the payment policies? Contact us at HPPM@lni.wa.gov.
• L&I's Provider Application process is changing: The Department of Labor & Industries (L&I) is aligning procedures with those set by the Office of Financial Management (OFM).  Effective 7/4/20 the Office of Financial Management (OFM), who maintains and processes vendor payments for all participating state agencies, now requires providers/vendors to submit their Statewide Payee Registration forms directly to OFM. L&I will no longer be accepting or forwarding the Statewide Payee Registration forms. Also, the L&I provider/vendor application packets and forms are currently being updated. To learn more about these critical changes, visit:  Lni.wa.gov/patient-care/provider-accounts/changes-to-your-account/.  Questions regarding the provider application process? Contact us at: PACMail@Lni.wa.gov

West Virginia VIEW STATE →

REGULATORY ACTIVITY:

• Published daily benefit rate computation sheet for Fiscal Year 2021 effective July 1, 2020 -June 30, 2020.  The state average weekly wage effective July 1, 2020 is $885.32. Benefits awarded on or after 7/01/2003 must not exceed the maximum/minimum benefit rate per the WVOIC.  To view this notice, go to https://www.wvinsurance.gov/Workers-Compensation.