FEE SCHEDULE NEWS:

• The state has adopted changes to physician fee schedule rates effective on January 1, 2018. Next expected update is in January 2019.

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.

REGULATORY ACTIVITY:

• Issued Insurance Bulletin #210 Revised: this bulletin is intended to ensure that health insurance plans regulated by the Department of Financial Regulation continue to provide access to prescription drugs during the COVID-19 pandemic. This bulletin applies to health insurers, as that term is used in 18 V.S.A. § 9402, and pharmacy benefit managers, as that term is used in 8 V.S.A. § 4089j.  To view this bulletin, go to https://dfr.vermont.gov/reg-bul-ord/covid-19-prescription-drug-refills.
• Issued a memorandum regarding the applying/clarifying IME Requirements during the COVID-19 pandemic. This Memorandum is necessary because evidently some individuals did not realize that the Guidance previously provided for applying Rule 12 was intended to extend to IME examinations by implication. As the Vermont Department of Health has stated: Patients must be confident that the environment where they will receive care is safe.

REGULATORY ACTIVITY:

• Published emergency Rule H-2020-02-E regarding coverage of health care services delivered through telehealth, telephone, or store and forward means. To view the rule, go to https://dfr.vermont.gov/about-us/legal-general-counsel/proposed-rules-and-public-comment. .
• Issued directions regarding the application of Rule 12 during Pandemic.

REGULATORY ACTIVITY:

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

LEGISLATIVE ACTIONS:

• Senate Bill 108 This bill permits the Attorney General to enforce complaints of employee misclassification under the workers’ compensation and unemployment laws. Effective Dates: Sec. 8 of this act shall take effect on passage, and the memoranda of understanding required pursuant to that section shall be executed not more than 90 days after the date of passage. Secs. 11, 12, 13, and 14 of this act shall take effect on July 1, 2026. Sec. 18 of this act shall take effect on January 1, 2021 and shall apply to injuries incurred on or after that date. This section and the remaining sections of this act shall take effect on passage.

FEE SCHEDULE NEWS:

• The state adopted changes to their physician fee schedule with an effective date of January 1, 2020. The next update is expected in January 2021.

REGULATORY ACTIVITY:

• The new Form 28(FY20) and the Form 28A (FY20), which you should use to update claimant’s rates as of July 1, 2019, are now available.  You can download both forms from our web site at:  http://labor.vermont.gov/forms/#comp.
• The new maximum for those injuries arising after June 30, 1986 is $1,353.00.  The new maximum for injuries prior to that date is $902.00.  The minimum in all cases is $451.00.
• Please be aware of the requirement to forward a copy of the Form 28 to the injured worker or dependent.

REGULATORY ACTIVITY:

• Posted notice of the New England IARP (International Association of Rehabilitation Professionals) spring 2019 conference.  The conference was held May 17, 2019 at The Hartford Insurance Company 1 Hartford Plaza, Hartford Ct. 06155.

REGULATORY ACTIVITY:

• Announced the June Adjusters Conference. The dates for the conference will be June 13^th and 14^th, 2019.  The conference will be held at the Hilton Hotel, Burlington, Vermont.  The seminars begin at 12:30 p.m. on Thursday the 13^th and conclude at noon on Friday the 14^th.  Registration begins at 11:00 a.m. on Thursday, the 13^th.  Please note the times for the conference and make certain that travel arrangements do not conflict with the start and end times.  Attendees must be present for the whole conference for continuing education credit.  To make hotel reservations call the Hilton Burlington’s Central Reservations line at 1-800-445-8667 and mention the special rate code of VT DOL WC Adjusters to get the group rate.  You can also use the following link to make reservations:  https://www.hilton.com/en/hi/groups/personalized/B/BTTVTHF-VTDOL-20190612/index.jhtml?WT.mc_id=POG

The rate for June 13^th and 14^th is $174.00. (Additional taxes may apply and there is an additional fee for parking of $15 per day in the adjacent parking garage.)  The "cut off" date for accepting reservations is May 13, 2019.  Conference registration is being done through Delaney Meeting and Event Management. You can access the on-line registration form at the following link:  http://www.cvent.com/d/86q8wj/4W

If you are unable to register online contact Delaney Meeting and Event Management at (802) 865-5202. If you have questions regarding this event, please contact Sharon Cseh at skc@rsclaw.com.