FEE SCHEDULE NEWS:

• The medical fee schedule has been updated as of January 1, 2018 with the new 2018 National Physician Fee Schedule Relative Value File.
• The outpatient and ASC fee schedules have been updated to use the 2018 Medicare OPPS APC relative weights effective January 1, 2018.  The outpatient and ASC base rates remain unchanged.  The next update is expected in January 2019.

REGULATORY ACTIVITY:

• The Industrial Commission Claims and Benefits department conducts compliance audits of insurers and their designated in-state adjusters. Periodic audits are performed to ensure insurer and self-insured employers are in compliance with claims adjusting requirements as required by Statute and Rule.

REGULATORY ACTIVITY:

• The Industrial Commission cancelled the May 20th Advisory Committee meeting due to COVID-19 concerns.. We are hopeful that conditions improve, and we can hold the August 12th meeting at the Chinden location. As that date gets closer, we will send out more information. The Commission has updated their IDAPAs. The new chapters can be found on our website: https://iic.idaho.gov/rules-and-legislation/. The Commission has also recently made other changes to business processes. Updated policy and procedures can be found at the above website. The August meetings are when elections typically occur. This year several memberships are up for election: 1 representative of Workers; 2 representatives of Employers; 1 representative of the Insurance industry; 1 Attorney representative of Workers; and 1 Attorney representative of Employers.
• The Commission issued an emergency order regarding Covid-19. On March 13, 2020, Governor Brad Little declared a State of Emergency in response to the novel coronavirus (COVlD-19). On March 23, 2020, the Idaho Industrial Commission entered its Order in response to the COVID-19 emergency to protect the health and safety of Commission employees, elected officials, and the general public. On March 25, 2020, Governor Little, citing community spread of COVID-19, issued a Statewide Stay-Home Order. The Idaho Industrial Commission hereby amends its March 23, 2020  and April 10, 2020  Orders, provides guidance, and ORDERS measures to be implemented from Monday, May 18, 2020, to Tuesday, June 30, 2020, or until further order of the Commission.  To view the order, go to https://iic.idaho.gov/.

LEGISLATIVE ACTIONS:

• Senate Bill 1262 The enacted legislation amends existing law to remove a provision regarding a labor department seal.  The bill also establishes a provision regarding an employer’s experience rating.  The legislation also revises a provision regarding registration of exempt corporate officers. Effective Date July 1, 2020.
• Senate Bill 1263 The enacted legislation amends the existing law regarding occupational diseases by removing the sunset provision enacted on 2016.  Effective Date July 1, 2020.
• Senate Bill 1321 The purpose of the enacted legislation is to add language to 72-209 I.C. to clarify the intent of the Idaho Legislature with respect to the "exclusive remedy" in workers' compensation. The Idaho Supreme Court has recently noted that there is a lack of clarity as to when a claim for compensation for a workplace accident may go outside of the workers' compensation process to file a regular tort claim. The Court specifically noted that the Legislature did not define the term "willful or unprovoked physical aggression". Previously it was understood that only those claims that could demonstrate an intention to commit harm to an employee were exempt from the exclusive remedy in the workers’ compensation system. The Court invited the Legislature to clarify the language of the statute. The language noted in this bill will preserve the integrity and balance of the "Grand Bargain" of workers’ compensation in Idaho. Effective Date July 1, 2020.

REGULATORY ACTIVITY:

• Published a telehealth policy memo.  To view the memo, go to https://iic.idaho.gov/.
• Published in the State Administrative Bulletin temporary rules regarding rule 17.01.01 Administrative Rules under the Workers' Compensation Law. These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These temporary rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety, and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. To view these rules, go to https://adminrules.idaho.gov/bulletin/index.html.

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/.

REGULATORY ACTIVITY:

• Department of Labor & Industrial Relations (DLIR) Disability Compensation Division (DCD) is looking to implement a new case management system that incorporates the Workers’ Compensation (WC), Temporary Disability Insurance (TDI), Prepaid Health Care (PHC), and Professional Employer Organization (PEO) programs. External Stakeholders will be able to create an account, login, process claims, petition for a hearing, and receive case updates. For additional information, go to http://labor.hawaii.gov/dcd/dcd-ecms-modernization-project/.

FEE SCHEDULE NEWS:

• New Medical, Outpatient and ASC fee schedules have been adopted by the state of Idaho with an effective date of January 1, 2020. The next update is expected in January 2021.

REGULATORY ACTIVITY:

• Due to the unique nature of the 2020 Rule making process, the Commission has posted the following changes, summaries, and public hearing transcript in an effort to make the changes transparent and easier to understand. The Commission’s previous thirteen (13) IDAPA chapters were reduced and simplified into three (3) IDAPA chapters. Changes were made to eliminate rules already in statue, combine sections, and make the rules more accessible to the public. The consolidation of these chapters is recapped in the summary of changes and the track changes of sections. New to the rulemaking process this year, agencies were required to develop cover pages summarizing each IDAPA chapter. As a result, sections of the rules were removed and summarized in these cover pages. If you have any questions, please contact (208) 334-6000 or commissionsecretary@iic.idaho.gov.  To view this notice, go to https://iic.idaho.gov/2020-administrative-rulemaking/.

REGULATORY ACTIVITY:

• Updated the Judicial Rules of Practice under the Idaho Workers' Compensation Law. The updated rules became effective October 9, 2019.  To view the rules, go to https://iic.idaho.gov/.
• Published the draft minutes of the August 14, 2019 meeting of the Workers' Compensation Advisory Committee.  To view the draft minutes, go to https://iic.idaho.gov/.
• Posted notice in the state register of adoption of Rules 17.10.01 Administrative Rules under Crime the Victims Compensation Act and 17.11.01 Administrative Rules of Peace Officer and Detention Officer Temporary Disability Act.  The rules are now pending review by the 2020 Idaho State Legislature for final approval.

REGULATORY ACTIVITY:

• Published a notice of the annual seminar on workers' compensation to be held on October 24, 2019. Additional information is available at https://iic.idaho.gov/annual-seminar/.

REGULATORY ACTIVITY:

• Posted notice of a public hearing regarding taking comments on three temporary and proposed rules. Rules under consideration are 0000.1900 - Omnibus; 17.11.01 - Administrative Rules of Peace Officer and Detention Officer temporary Disability Act; and 17.0000.1900F - Omnibus.  The public hearing will be held on August 6, 2019 at 2:00 p.m. at 11321 W. Chinden Blvd., Boise, Idaho. Video-conferences will also be held at the same time at the following locations: 1111 W. Ironwood Drive, Suite A, Coeur D'Alene, Idaho; 1820 E. 17th Street, Suite 300 Idaho Falls, Idaho; 1118 F Street, Lewiston, Idaho; and 1411 Fa;;s Avenue East, Suite 915, Twin Falls Idaho.  To view the notice and rules, go to https://iic.idaho.gov/2020-administrative-rulemaking/.

REGULATORY ACTIVITY:

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

PO Box 83720

Boise, Idaho 83720-0041

Office Phone: (208) 334-6000

Office Fax: (208) 334-2321