FEE SCHEDULE NEWS:

• The state has adopted new hospital and healthcare provider fee schedules effective January 1, 2018.   The next expected update is in January 2019.
• The Gross Tax Receipts schedule has been updated for the period of January 1 through June 30^th. The next expected update is in July 2018.

REGULATORY ACTIVITY:

• The WCA's e-filing system begins January 1, 2018 and its use will be mandatory for all represented parties. All represented parties are required to use the Electronic Adjudication Management System (EAMS) to file court documents online in all workers' compensation cases. Workers and employers who are unrepresented are not required to e-file, but are encouraged to do so.
• Before you begin e-filing, review of the newly updated relevant rules of the court is highly recommended. The rules for e-filing a WCA complaint can be found on the WCA website under WCA Rules and Statutes (11.4.4.9 Claims Resolution (effective 1/1/2018)).
• Reminder   Amended Title 11 Chapter 4-part 4 Claims resolution rules become effective on January 1, 2018.

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.

LEGISLATIVE ACTIONS:

• House Bill 6 The legislation expands permissible expenditures from the law enforcement protection fund. It provides that the penalty for a felon in possession of a firearm or destructive device is a third-degree felony.  It increases the sentencing enhancements for brandishing of a firearm in a noncapital felony. The enacted legislation creates a presumption that post-traumatic stress disorder is proximately caused by employment for law enforcement officers and emergency medical services first responders.  Effective Date July 1, 2020.

REGULATORY ACTIVITY:

• The New Mexico Workers' Compensation Administration (WCA) has completed changes to the IAIABC EDI Edit program and tables to accept the new Pandemic and COVID-19 codes for Cause and Nature. The changes are in production as of Wednesday, April 1, 2020. If you have technical questions, please contact the following MIS Bureau staff: Gary Chavez (GaryD.Chavez@state.nm.us) and Gayle Osburn (Gayle.Osburn@state.nm.us), who will continue to monitor the smooth running of the EDI system until May 31, 2020. After May 31, send all technical questions through the WCA Helpdesk email: WCA.Helpdesk@state.nm.us. If you have administrative questions, email WCA Helpdesk at: Helpdesk@state.nm.us.
• In a further effort to assure the continuation of medical services to injured workers during this time of "social distancing" efforts to slow the spread of the novel coronavirus, WCA Director Loretta Lopez has issued a Director's Order regarding the use of telemedicine in workers' compensation medical cases. This order becomes effective immediately and will remain in place until the restrictions surrounding the virus are lifted, or until implementation of the 2021 Health Care Providers' Fee Schedule, whichever comes first.  To view this notice, go to https://workerscomp.nm.gov/Communications.
• Effective April 17, 2020, and each Friday thereafter, jointly requested lump-sum settlements will be heard on Fridays. The hearings will be set telephonically at a designated time and will not be heard on a first-come, first-served basis. Our staff will work to get these matters resolved as quickly as possible. Our goal is to provide our constituents with essential services to the best of our capabilities. We anticipate there will be some modifications, and we will provide more information in the weeks to come.  To view this notice, go to https://workerscomp.nm.gov/Attorneys.
• The New Mexico Workers' Compensation Administration (WCA), in keeping with the latest directives issued by Governor Michelle Lujan Grisham to further reduce community spread of the novel coronavirus (COVID-19), will continue to operate telephonically for mediations and hearings, and for much of the agency's daily operations through at least Friday, May 15, 2020.

REGULATORY ACTIVITY:

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

REGULATORY ACTIVITY:

• New Mexico's Annual Expenditure Report Filing was due between January 1 through February 15, 2020.  New Mexico State Law (NMSA Section 52-1-58) requires every workers' compensation insurance carrier and self-insured employer to report their annual expenditures to the New Mexico Workers' Compensation Administration. If you need a login/password or have any questions about the submission process, please contact the WCA at (505) 841-6044. In the meantime, you can use the link below to download detailed instructions about completing your AER submission. For additional information, go to https://workerscomp.nm.gov/WCA-eServices.
• Published the New Mexico Medical Report for 2019 and the New Mexico Opioid Supplemental 2019.  To view the reports, go to https://workerscomp.nm.gov/Communications.

REGULATORY ACTIVITY:

• Director Loretta Lopez named Leigh Martinez Executive Deputy Director and Angelica Anaya Allen General Counsel of the Workers’ Compensation Administration (WCA), effective December 30, 2019.

FEE SCHEDULE NEWS:

• The state has adopted new hospital and healthcare provider fee schedules effective January 1, 2020. The next expected update is in January 2021.
• The Gross Tax Receipts schedule has been updated for the period of January 1 through June 30th 2020. The next expected update is in July 2020.

REGULATORY ACTIVITY:

• The New Mexico Workers' Compensation Administration is soliciting competitive sealed proposals for case management services. This request for proposals (RFP) will be issued on October 31, 2019. Sealed proposals must be received by the WCA procurement manager no later than 3 p.m. MST/MDT on December 6, 2019. Any proposal received after this date and time will be returned unopened. All proposals must be clearly marked RFP #20-632-PS-00443 on the sealed box, envelopes or packages containing all proposal binders. The proposer shall assume full responsibility for the timely hand delivery (no electronic submissions) of the proposal. Any proposal not clearly marked RFP # 20-632-PS-00443 will be disqualified. The proposals can be hand delivered to: New Mexico Workers' Compensation Administration, Attn: Mark Brannen, 2410 Centre Avenue SE, Albuquerque, NM 87106.
• The NMWCA Albuquerque office will NOT hold its regular Lump Sum Tuesday event on the following dates: November 26, December 24 or December 3.

REGULATORY ACTIVITY:

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