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.

FEE SCHEDULE NEWS:

• The Office of Workers’ Compensation issued an emergency rule to be effective April 3, 2020 to adopt rules and new temporary codes for telehealth/telemedicine methods.

REGULATORY ACTIVITY:

• Emergency Rule 40, originally issued on March 26, 2020, is hereby amended to provide further clarification of the rating plans that all insurers are to utilize in pricing their products, to provide for changes caused by the federal Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), other matters related to the protections afforded to insureds, and how all insurers are to operate during Emergency Rule 40. The purpose of Emergency Rule 40 is to impose a moratorium on policy cancellations and non-renewals for policyholders in Louisiana during the outbreak of the coronavirus disease (COVID-19). Emergency Rule 40 is effective during the period of time from March 12 thru May 12. Cancellations for fraud and material misrepresentations or upon written request by the consumer continue to be permitted during this period. Insureds remain obligated to pay all premiums. Emergency Rule 40 does not apply to new policies issued after the effective date therein.
• Adopted emergency rule 43. The purpose of Emergency Rule 43 is to provide the procedure to implement the protocol necessitated for the temporary licensing of adjuster applicants who have been negatively impacted by closure of insurance testing sites following issuance of Proclamation No. 33 JBE 2020, issued on March 22, 2020, by Governor John Bel Edwards declaring a stay at home order and closure of nonessential businesses until April 13, 2020 unless extended or terminated sooner, and Proclamation No. JBE 2020-41 issued on April 2, 2020, extending the stay at home order and closure of nonessential businesses until April 30, 2020 unless terminated sooner.
• Has reissued Emergency Rules 36, 37, and 39 extending the effective date to May 12, 2020.
• Posted notice of adoption of emergency rule regarding extension of renewal dates. Emergency  Rule  44  provides  for  the  extension  of renewal  dates  for  licenses  of  insurance  producers  and adjusters  held  by  individuals  who  have  been  negatively impacted  by  the  related  commercial  and  economic  impacts of  COVID-19,  in  accordance  with  Proclamation  No.  JBE 2020-33,  issued  on  March  22,  2020,  by  Governor  John  Bel Edwards  declaring  a  stay  at  home  order  and  closure  of nonessential  businesses  until  April  13,  2020  unless terminated sooner and Proclamation No. JBE 2020-41 issued on April 2, 2020, declaring a stay at home order and closure of nonessential businesses until April 30, 2020 unless terminated sooner.  To view this rule, go to https://www.ldi.la.gov/onlineservices/documentsearch/.
• Adopted Regulation 114 - Claims Adjuster Pre-Licensing Education Program.
• Adopted regulation Chapter 27 Utilization Review Procedures Section 2715 Medical Treatment Schedule Authorization and Dispute Resolution.  To view the notice of adoption and the adopted rule, go to https://www.doa.la.gov/Pages/osr/reg/regs2020.aspx.
• Adopted regulation Subpart 2 Medical Guidelines Chapter 51 Medical Reimbursement Schedule regarding telemedicine.  To view the notice of adoption and adopted rule, go to https://www.doa.la.gov/Pages/osr/reg/regs2020.aspx.

REGULATORY ACTIVITY:

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

REGULATORY ACTIVITY:

• Posted notice in the February 2020 State Register of adoption of medical treatment guidelines for pain management. The Louisiana  Workforce  Commission  has  amended certain  portions  of  the  Medical  Guidelines  contained  in  the Louisiana  Administrative  Code,  Title  40,  Labor  and Employment,  Part  I,  Workers’  Compensation Administration, Subpart 2, Medical Guidelines, Chapter 21, regarding chronic pain guidelines. This Rule is promulgated by  the  authority  vested  in  the  director  of  the  Office  of Workers’  Compensation  found  in  S.  23:1291 and R.S. 23:1310.1(C).  This  document  has  been  prepared  by  the  Louisiana Workforce  Commission,  Office  of  Workers'  Compensation (OWCA)  and  should  be  interpreted  within  the  context  of guidelines  for  physicians/providers  treating  individuals qualifying  under  Louisiana  Workers'  Compensation  Act  as injured  workers  with  chronic  pain.  Although  the  primary purpose  of  this  document  is  advisory  and  educational,  the guidelines  are  enforceable  under  the  Louisiana  Workers’ Compensation Act. All medical care, services, and treatment owed  by  the  employer  to  the  employee  in  accordance  with the  Louisiana  Workers'  Compensation Act  shall  mean  care, services, and treatment in accordance with these guidelines. Medical care, services, and treatment that varies from these guidelines  shall  also  be  due  by  the  employer  when  it  is demonstrated  to  the  medical  director  of  the  office  by  a preponderance  of  the  scientific  medical  evidence,  that  a variance from these guidelines is reasonably required to cure or relieve the injured worker from the effects of the injury or occupational  disease  given  the  circumstances.  Therefore, these guidelines are not relevant as evidence of a provider's legal standard of professional care.  To  properly  utilize  this document,  the  reader  should  not  skip  nor  overlook  any sections. To view the February Register, go to https://www.doa.la.gov/Pages/osr/reg/regs2020.aspx.

REGULATORY ACTIVITY:

• The  Louisiana  Workforce  Commission  intends to amend certain portions of the Medical Guidelines contained in the Louisiana Administrative Code, Title  40,  Labor  and  Employment,  Part  I,  Workers’ Compensation  Administration,  Subpart  2,  Medical Guidelines,  Chapter  21,  regarding  chronic  pain  guidelines. This  Rule  is  promulgated  by  the  authority  vested  in  the director  of  the  Office  of  Workers’  Compensation  found  in R.S. 23:1291 and R.S. 23:1310.1(C). To view the notice and proposed rules, go to https://www.doa.la.gov/Pages/osr/reg/regs2019.aspx, view the September Edition.

REGULATORY ACTIVITY:

• Published in the July state register the weekly benefit limits as determined by the Louisiana Workforce Commission effective July 1, 2019. The average weekly wage $916.85; Maximum Compensation $688.00; Minimum Compensation $183.00 and mileage reimbursement is $0.58 per mile.  To view this notice, go to https://www.doa.la.gov/Pages/osr/reg/regs2019.aspx.

LEGISLATIVE ACTIONS:

• House Bill 285

The enacted legislation provides that any reserve police officer or deputy who volunteers for a municipal or parish law enforcement agency may be entitled to medical benefits pursuant to existing law if injured during the line of duty. It provides that a public entity may elect to provide coverage for volunteer reserve police officers or deputies by using its own funds and at its own discretion. The law provides that the injured reserve police officer or reserve deputy shall not be compensated for injuries occurring within the course of, or arising out of, the volunteer reserve officer's or deputy's other employment. It provides that the injured volunteer reserve officer or reserve deputy shall not be entitled to be compensated for lost wages. The enacted legislation defines the term "volunteer reserve officer" to mean an individual who is carried on the membership list of a municipal organization as an active participant in the normal functions of the law enforcement organization.  It defines the term "volunteer reserve deputy" as an individual who is a part-time, non-salaried, fully commissioned law enforcement officer who volunteers with a parish organization.  Effective Date August 1, 2019.  

• House Bill 288

The enacted legislation defines "collateral", "commercially reasonable", "deductible claim", "large deductible policy", and "other secured obligations". It requires, unless otherwise agreed by the responsible guaranty association, all large deductible claims, which are also covered claims as defined by the applicable guaranty association law, including those that may have been funded by an insured before liquidation, to be turned over to the guaranty association for handling. The law provides that, to the extent a guaranty association pays any deductible claim for which the insurer would have been entitled to reimbursement from the insured, a guaranty association shall be entitled to the full amount of the reimbursement and available collateral. It requires the receiver to collect reimbursements owed for deductible claims, take all commercially reasonable actions to collect the reimbursements, and promptly bill insureds for reimbursement of deductible claims. The law requires the receiver to use collateral, when available, to secure the insured's obligation to fund or reimburse deductible claims, other secured obligations, or other payment obligations.  New law further provides that a guaranty association is entitled to collateral to the extent needed to reimburse a guaranty association for the payment of a deductible claim.  It requires claims that are validly asserted against the collateral to be satisfied in the order in which the claims are received by the receiver and provides that excess collateral may be returned to the insured as determined by the receiver after a periodic review of claims paid, outstanding case reserves, and a factor for incurred but not reported claims. The enacted legislation authorizes the receiver to deduct from the collateral or from the deductible reimbursements reasonable and actual expenses incurred in connection with the collection of the collateral and deductible reimbursements. The law shall not limit or adversely affect any rights or powers a guaranty association may have under applicable state law to obtain reimbursement from certain classes of policyholders for claims payments made by the guaranty association, under policies of the insolvent insurer, or for related expenses the guaranty association incurs. Effective Date January 1, 2020.  

• Senate Bill 88

The enacted legislation requires that an appeal of the decision by the medical director or associate medical director must be made within 45 days of the date of the issuance of the decision. Effective Date August 1, 2019.

REGULATORY ACTIVITY:

• The Louisiana Workers' Compensation Educational Conference will be held January 16-18, 2019 at the Hilton New Orleans Riverside.

REGULATORY ACTIVITY:

• Posted notice that workers' compensation carriers, group funds and self-insurers can pay their assessment on line.  To pay the assessment on, go to https://www.la.egov.com/lwc/owca-assessments; Enter your ID number; Enter the Carrier/Group Fund/Self Insured Employer; Enter the EXACT assessment amount as shown on your invoice; Provide credit/debit card or ACH payment information and Confirmation of secure payment will be provided on screen and by email.  To view the announcement, go to http://www.laworks.net/workerscomp/owc_mainmenu.asp.

REGULATORY ACTIVITY:

• Has adopted rules regarding workers' compensation second injury board forms in the June 2018 issue of the Louisiana Register. To view the adoption notice, go to  http://www.doa.la.gov/Pages/osr/reg/Regs2018.aspx and select the June edition.

REGULATORY ACTIVITY:

• Notice: When a medication has been previously approved, an LWC-WC-1010 shall not be required for any subsequent refills or new prescriptions of the previously approved medication within a six (6) month period.