FEE SCHEDULE NEWS:

• The state follows Medicare methodology and codes become valid for payment once CMS adopts them. Please refer to the Medicare modules section for more information.

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.

REGULATORY ACTIVITY:

• Published the FY2021 Self-Insured Regulatory Surcharge Rate.  The rate for FY 2021 is 0.15%.  To view the notice, go to https://www.wvinsurance.gov/.

LEGISLATIVE ACTIONS:

• House Bill 4409The enacted legislation amends and reenacts  §33-3-33a of the Code of West Virginia, 1931, as amended, relating to transferring remaining funds from the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund, at its existing sunset date of June 30, 2020, to the Fire Service Equipment and Training Fund and the State Auditor’s Chief Inspector’s Fund. Effective Date June 2, 2020.

• Senate Bill 534The enacted legislation amends and reenacts §21A-1A-17 of the Code of West Virginia, 1931, as amended, relating to employees serving the Legislature on a temporary basis, or in support of the legislative session, are not exempt from unemployment benefits coverage. Effective Date May 28, 2020.

• Senate Bill 545The enacted legislation authorizes the transfer of moneys from the Insurance Commission Fund to the Workers’ Compensation Old Fund.  Effective March 4, 2020.

REGULATORY ACTIVITY:

• The Informational Letters will be issued to convey general information to consumers, insurers, stakeholders or the general public.  For example, Information Letters may be issued to provide legislative updates, consumer alerts, disaster preparedness or insurance-related educational information. Please be advised that the West Virginia Offices of the Insurance Commissioner no longer delivers Informational Letters by U.S. Mail. If you wish to receive these Letters, you must maintain a correct e-mail address by notifying Janice Hemmelgarn at Janice.L.Hemmelgarn@wv.gov. If you have a question concerning an Informational Letter, please e-mail your question to OICInformationalLetters@wv.gov or call (304) 558-0401.
• The Commission is closely monitoring the quickly evolving changes surrounding COVID-19. In response to the latest information, all in-person Commission hearings and mediations have been canceled beginning March 17th through March 31st. All parties affected will be contacted by the Commission as soon as possible to reschedule. If you have additional questions about an upcoming hearing, please contact the Deputy Commissioner's Office located on your Notice of Hearing or contact VWC's Customer Contact Center at 1-877-664-2566.  Visitors with respiratory or flu-like symptoms, or those considered vulnerable to COVID-19, should please refrain from coming to Commission offices. As for all other Commission business operations, we will continue to work in accordance with the State of Virginia and Commission guidelines and recommendations. Additional updates will be announced as needed. The Commission is working diligently to assist our customers as needed. If you have any other questions, please contact VWC at 1-877-664-2566or email: questions@workcomp.virginia.gov.

REGULATORY ACTIVITY:

• Issued information letter 206 regarding mandatory reporting of known or suspected insurance fraud and related criminal activity and potential consequences for failure to report. The West Virginia Insurance Fraud Prevention Act mandates the reporting of insurance fraud or criminal offenses otherwise related to the business of insurance. The Act is located at Chapter 33, Article 41 of the West Virginia Code, as amended, and provides that “[any] person engaged in the business of insurance having knowledge or a reasonable belief that fraud or another crime related to the business of insurance is being, will be or has been committed shall provide to the commissioner the information required by...the commissioner.” Code § 33-41-5(a) (Emphasis supplied). To view the informational letter, go to https://www.wvinsurance.gov/Resources/Informational-Letters .

REGULATORY ACTIVITY:

• On Monday, November 18, 2019, the West Virginia Offices of the Insurance  Commissioner  (WVOIC)  will  begin  the  process  of upgrading our technology and preservation of the claim and policy records of the former Workers’ Compensation Commission.  During this time, you may experience a delay in the processing of your file request.  We ask for your patience, as this upgrade will allow the WVOIC to maintain the integrity of the old records in our repository, as well as provide more timely responses to file requests.  If you have any questions, please call the West Virginia Offices of the Insurance Commissioner Claim Services Division at 304-558-8538 or toll free at 1-888-879-9842.

REGULATORY ACTIVITY:

• Posted notice regarding an investigative hearing for air ambulance memberships. The hearing will be held on December 10, 2019 at 9:30 a.m. in the 8th floor conference room at the Offices of the Insurance Commissioner located in the West Virginia Lottery Building 900 Pennsylvania Avenue, Charleston West Virginia. To view the bulletin, go to https://www.wvinsurance.gov/.
• On September 18, 2019, Governor Justice appointed Charleston attorney Bradley A. Crouser  Chief  Administrative  Law  Judge  of  the  Workers  Compensation  Office  of Judges within the Offices of the Insurance Commissioner. His four-year term begins December 2, 2019.  Crouser is a graduate of the WVU College of Law.    He  has  served  as  a  Marion County  Magistrate,  Deputy  Commissioner of  the  West  Virginia  Department  of Finance and Administration, was Executive Secretary of the West Virginia Workers Compensation  Fund, and  was  Tax  Commissioner  of  West  Virginia.  In  private practice  his  primary  area  of  concentration  was  workers  compensation  and  federal black lung litigation.  Most recently he served as Staff Attorney for Supreme Court of Appeals Justice Tim Armstead.
• Published the 2020 Benefits Calendar for Workers' Compensation.  To view the calendar, go to https://www.wvinsurance.gov/Workers-Compensation.

REGULATORY ACTIVITY:

• Posted a notice regarding Workers' Compensation Independent Medical Examiners (IME) on September 3, 2019.  The notice is a reminder of duties of a provider to provide credentials to whoever they provide services to.  To view the notice, go to https://www.wvinsurance.gov/.

REGULATORY ACTIVITY:

• Published workers' compensation assigned risk rates by class effective November 1, 2019.  To view the publication, go to https://www.wvinsurance.gov/Workers-Compensation.

REGULATORY ACTIVITY:

• The National Council on Compensation Insurance (NCCI), West Virginia’s rating and statistical agent has filed a proposed workers’ compensation loss cost decrease of 1.6% effective November 1, 2019. This premium reduction results in a projected $3 million in savings to West Virginia employers.  To view the notice, go to https://www.wvinsurance.gov/Workers-Compensation.