Alabama VIEW STATE →

FEE SCHEDULE NEWS:

• Alabama has released updates to the Hospital and ASC fee schedules, Addendum 3, with effective dates for October 2019 and January 2020. A new medical fee schedule is expected to become effective March 1, 2020.

Alaska VIEW STATE →

REGULATORY ACTIVITY:

• Published Bulletin 20-01 regarding allowances for transportation, meals and lodging while traveling for medical treatment. Regulation 8 AAC 45.084 describes medical travel expenses payable or reimbursable under the Alaska Workers' Compensation Act.  Mileage allowances for use of a private vehicle, meals and lodging are based on reasonable amounts incurred when obtaining necessary medical treatment.  Reimbursable expenses may not exceed the per diem rate paid by the State of Alaska to its supervisory personnel while traveling.  Reimbursement of per diem must be substantiated by receipts.   Effective January 1, 2020, the mileage reimbursement rate when using a privately owned vehicle within Alaska is $0.575 per mile.  See the revised Alaska Department of Administration POV Rate Table.  For out-of-state mileage reimbursement, see the U.S. General Services Administration POV Rate table.   To view the bulletin, go to http://labor.alaska.gov/wc/bulletins.htm.

Arizona VIEW STATE →

REGULATORY ACTIVITY:

• Arizona Out-of-State Adjuster Authorization Program: Generally, self-insured employers and insurance carriers that have or are underwriting workers’ compensation policies in Arizona are required to process and pay workers’ compensation claims in an Arizona claims office. See Arizona Administrative Code (“A.A.C.”) R20-5-130(A). Under R20-5-130(B), however, carriers and self-insured employers may request authorization from the Industrial Commission of Arizona (“ICA”) to maintain an out-of-state claims office. Authorization is conditioned upon satisfactory evidence of the following:
  1. Existence of a toll-free telephone line to the out-of-state claims office;
  2. Completion of ICA Claims Division training by individuals responsible for claims processing at the out-of-state office; and
  3. Designation of a financial institution located in Arizona that will cash on demand checks issued by the out-of-state claims office.

Adjusters who handle claims in an out-of-state office must obtain authorization from the ICA by participating in or attending designated training programs offered by the ICA and successfully passing a post-test. Training may be completed by attending the ICA’s annual Claims Seminar or by participation in an internet-based training program. Authorization must be renewed every two years.

Arizona Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued regulatory bulletin 2020-01 regarding uninsured and underinsured motorist coverage offer form: SB 1087.

California VIEW STATE →

FEE SCHEDULE NEWS:

• The DWC has published a new file for Medi-Cal rates effective January 15, 2020. The next update is expected February 15, 2020.
• DWC has issued an order adopting the GPCI corrections for the workers’ compensation physician fee schedule, effective for services rendered on or after January 1, 2020. The Administrative Director update order adopting the adjustments can be found at https://www.dir.ca.gov/dwc/OMFS9904.htm#7. The next update is expected April 2020.
• The Division of Workers’ Compensation (DWC) has posted an order adjusting the pathology and clinical laboratory section of the Official Medical Fee Schedule (OMFS) to conform to changes in the Medicare payment system, as required by Labor Code section 5307.1. The pathology and clinical laboratory fee schedule update order adopts the following Medicare change: CY 2020 Q1 Release: Revised for 2020 (20CLABQ1). The order adopting the 2020 Pathology and Clinical Laboratory Fee Schedule Annual Update is effective for services rendered on or after February 1, 2020 and can be found https://www.dir.ca.gov/dwc/OMFS9904.htm#2.

REGULATORY ACTIVITY:

• The Division of Workers’ Compensation (DWC) is announcing the decrease of the mileage rate for medical and medical-legal travel expenses by one half of a cent to $0.575 per mile effective January 1, 2020. This rate must be paid for travel on or after January 1, 2020 regardless of the date of injury. Labor Code Section 4600, in conjunction with Government Code Section 19820 and the Department of Personnel Administration regulations, establishes the rate payable for mileage reimbursement for medical and medical-legal expenses and ties it to the Internal Revenue Service (IRS). IRS bulletin Number IR-2019-215 dated December 31, 2019 announced the rate decrease. The updated mileage reimbursement form is posted on DWC’s website.
• The Workers’ Compensation Appeals Board (WCAB) has adopted its final rules of practice and procedure. The rules were filed with the Secretary of State on December 17, published on December 31 and went into effect on January 1. The purpose of this rulemaking is to organize articles to reflect the order of events in a case, eliminate duplicative rules, break up complex rules, simplify the language for clarity and create some room between rules, so that additional rules can be added in the future without decimals. In general, the substance of the vast majority of rules has not been altered in this reorganization. Some substantive changes were made to reflect current practices. The newly adopted rules and their related Final Statement of Reasons are posted at https://www.dir.ca.gov/wcab/WCABProposedRegulations/Rulemaking-August-2019/Rulemaking-August-2019.htm .  The rules become effective January 1, 2020.
• DEPARTMENT OF INDUSTRIAL RELATIONS; State of California Office of Administrative Law. In re: Department of Industrial Relations Regulatory Action: Title 8 California Code of Regulations Adopt section: 15203.11 Amend sections: 2, 15251, and 15430 DECISION OF DISAPPROVAL OF REGULATORY ACTION Government Code Section 11349.3 OAL Matter Number: 2019−1105−01 OAL Matter Type: Regular (S). SUMMARY OF REGULATORY ACTION This rulemaking action would have established requirements for reporting information needed to evaluate the administrative costs, expenditures, solvency, and performance of public self−insured employer workers’ compensation programs. DECISION on November 5, 2019, the Department of Industrial Relations, Office of Self−Insurance Plans (OSIP) submitted the above−referenced regulatory action to the Office of Administrative Law (OAL) for review. On December 20, 2019, OAL notified OSIP of the disapproval of this regulatory action. The reasons for the disapproval were failure to comply with the “clarity” standard of Government Code section 11349.1 and failure to follow all required procedures under the California Administrative Procedure Act (APA). This Decision of Disapproval of Regulatory Action explains the reasons for OAL’s action. CONCLUSION: For the reasons set forth above, OAL has disapproved this regulatory action. Pursuant to Government Code section 11349.4, subdivision (a), OSIP may resubmit this rulemaking action within 120 days of its receipt of this Decision of Disapproval. A copy of this disapproval decision will be e−mailed to the OSIP contact person on the date this decision is signed below. Any changes made to the regulation text to address the clarity issues discussed above must be made available for at least 15 days for public comment pursuant to Government Code section 11346.8 and section 44 of title 1 of the CCR. OSIP must resolve all other issues raised in this Decision of Disapproval before resubmitting to OAL.
• The Division of Workers’ Compensation (DWC) is now accepting applications for the Qualified Medical Evaluator (QME) examination on April 18. QMEs are independent physicians certified by the DWC Medical Unit to conduct medical evaluations of injured workers. Applications for the QME exam may be downloaded from the DWC website.  Applicants may also contact the Medical Unit at (510) 286-3700 to request an application via U.S. mail, email or fax. The deadline for filing the exam applications is March 5, 2020. For more information, please contact the Medical Unit at (510) 286-3700 or by email at QMETest@dir.ca.gov.

Colorado VIEW STATE →

FEE SCHEDULE NEWS:

• The state of Colorado has published several updates to the original January 1, 2020 Medical and Hospital fee schedules. To view the updated fee schedule, go to  https://www.colorado.gov/cdle/medical-fee-schedule-directors-interpretive-bulletins

REGULATORY ACTIVITY:

• Notice is given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section §8-47-107. Date and Time of Hearing: February 20, 2020 at 10:00 a.m.; Place of Hearing: 633 17th Street, Denver, CO. The public hearing will be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Paul Tauriello, Director, Division of Workers’ Compensation, 633 17th Street, Suite 400, Denver, CO 80202.  Any written submissions should be submitted to the Director prior to the hearing. The topics to be considered are:  Rule 18-7(H): Medical Fee Schedule. The proposed rule changes will be available at the Department’s website on or before January 24, 2020.  Copies of the proposed rules will also be available by request at the Division’s Customer Service Office, 633 17th Street, 4th Floor, Denver, Colorado. To view this notice and the proposed rule, go to https://www.colorado.gov/pacific/cdle/workers-compensation-proposed-and-adopted-rules.

Colorado Auto VIEW STATE →

REGULATORY ACTIVITY:

• Published the following notice: For purposes of compliance with § 10-3-1117, C.R.S., insurers that provide commercial automobile or personal automobile liability insurance coverage shall provide a copy of the commercial or personal automobile policy, which does not include the declarations page or the application even if attached to the policy, within thirty (30) calendar days after receiving a written request from the claimant or a claimants attorney.  Prior to submitting the request form, a claimant or claimants attorney must determine if the Division of Insurance is the registered agent of the commercial automobile or personal automobile liability insurer via the link below.  Once you have determined who the registered agent of the insurance company is, you will submit the form as follows:
  • If the Division IS NOT the registered agent of the insurer, a request or the Automobile Insurance Liability Limits Request Form must be sent directly to the registered agent.
  • If the Division IS the registered agent of the insurer, the Automobile Insurance Liability Limits Request Form must be sent to the Division at dora_doi_autoliabilitylimits@state.co.us.

The thirty (30) day timeline begins when the Automobile Insurance Liability Limits Request Form is received by the insurer. The email address to send requests to the Division of Insurance when the Division is the Registered Agent is: dora_doi_autoliabilitylimits@state.co.us.  To view this notice as published, go to https://www.colorado.gov/pacific/dora/requests-automobile-insurance-liability-limits?utm_medium=email&utm_source=govdelivery.

Connecticut VIEW STATE →

REGULATORY ACTIVITY:

• Published a memo regarding Guidelines for Mediation Services.  The Memorandum No 2020-1 replaces memorandum no 2018-09.  Memorandum 2020-01 becomes effective on February 1, 2020.   To view the memorandum, go to https://wcc.state.ct.us/.
• The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2020 has fallen to $0.575 per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.
• Pursuant to Section 31-280b, Chairman Stephen M. Morelli has appointed Commissioners Randy L. Cohen and William J. Watson III to sit as panel members on appeals before the Compensation Review Board for the calendar year beginning January 1, 2020.

Delaware VIEW STATE →

FEE SCHEDULE NEWS:

• The state has adopted their new medical and facility fee schedule with an effective date of January 31, 2020. The next update is scheduled for January 2021.

Florida WC VIEW STATE →

REGULATORY ACTIVITY:

• Posted notice of proposed rule change to Rules: 69L-3.003 Procedures for Filing Documents; 69L-3.0035 Injured Worker Informational Brochure; 69L-3.0036 Employer Informational Brochure: 69L-3.01915 Temporary Partial Disability Benefits (Dates of Accident on or After October 1, 2003) and 69L-3.025 The proposed rulemaking clarifies procedures regarding assigning and updating employee numerical identifiers used to track injured employee’s claims filed under the Florida’s workers’ compensation system. The proposed rulemaking also clarifies the process by which an employer and an injured employee are notified of changes to the injured employee’s numerical identifier, updates the forms, and deletes a form.  A development workshop is being held on February 4, 2019, 9:00 a.m. at 1579 Summit Lake Drive, Tallahassee, Florida 32317.  To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-3.003.

Georgia VIEW STATE →

REGULATORY ACTIVITY:

• Issued bulletin 20-EX-2 regarding Pharmacy Benefit Managers. To view the bulletin, go to https://www.oci.ga.gov/Externalresources/ANNOUNCEMENTS/Bulletin-192020-00.pdf

Idaho VIEW STATE →

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/.

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• Registration for CompFile will go live in early February! In the meantime, you can get a look at what’s in store by going to the CompFile Implementation web page today! There you’ll find:  Law Firm Administrator Training Schedule: Each law firm will assign a Law Firm Administrator to handle the firm’s CompFile needs. Training scheduling is underway!  CompFile 101: Learn CompFile’s basics and benefits.  To view the CompFile implementation web page, go to https://www2.illinois.gov/sites/iwcc/resources/Pages/compfile_implementation.aspx.

Iowa VIEW STATE →

REGULATORY ACTIVITY:

• The Iowa Division of Workers' Compensation (DWC) requires electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). The Iowa Workers' Compensation Commissioner issued a standing order, In the Matter of Electronic Payment of Filing Fees Using the Workers' Compensation Electronic System (WCES), which governs the transition to the mandatory electronic payment of filing fees using WCES under agency rules. To view this notice, go to https://www.iowaworkcomp.gov/order-matter-electronic-payment-filing-fees-using-workers-compensation-electronic-system-wces.
• Effective January 13, 2020, the Iowa Division of Workers' Compensation (DWC) will change its mailing address so that it is the same as the physical address of its office. The new DWC mailing address is: 150 Des Moines Street, Des Moines, Iowa 50309-1836. All mailings to DWC should be sent to this address moving forward.  To view this notice, go to https://www.iowaworkcomp.gov/effective-january-13-2020-new-mailing-address-iowa-division-workers-compensation.

Kentucky VIEW STATE →

REGULATORY ACTIVITY:

• The Workers’ Compensation Nominating Committee is now accepting applications for the position of Workers’ Compensation Board member in the Kentucky Department of Workers’ Claims for a term expiring January 4, 2024. This is a full-time position and appointees shall not hold any other public office or maintain any private practice. Applicants for the position must be a licensed attorney for a minimum of eight (8) years and must have the qualifications required of a Court of Appeals Judge, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct.
• The Department of Workers' Claims has filed a Statement of Consideration regarding 803 KAR 25:260.  Comments were received during the comment period and the Administrative Regulation was amended in response to those comments.
• Issued the Quarterly Report for October - December 2019.  To view the report, go to https://labor.ky.gov/comp/Pages/default.aspx.

Maine VIEW STATE →

REGULATORY ACTIVITY:

• In light of recent statutory changes, the Maine Workers’ Compensation Board has updated the language in Box 22 of the Notice of Controversy. Please begin using this new version of the NOC as soon as possible, but no later than February 1, 2020.  To view the revised form, go to https://www.maine.gov/wcb/forms/index.html.

Maryland VIEW STATE →

REGULATORY ACTIVITY:

• Request for Postponement of Emergency Hearing (H-29R Revised 02/2019) - This form is revised and available as a fillable PDF form on our Forms and Instructions page. The form has been revised to update the format and simplify the use of the form. Please note that the Commission does not accept form filing via email/attachment or fax. Please begin using the new form immediately. To view the form, go to  http://www.wcc.state.md.us/Adjud_Claims/Forms.html.

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Physicians – CMS has released revisions to the GPCI data and anesthesia conversion factors with an effective date of January 1, 2020.
• Clinical Laboratory – CMS has released revisions to the 2020 clinical laboratory fee schedule with an effective date of January 1, 2020.
• CCI Edits - CMS has released updates to the Outpatient and Physician PTP Edits with an effective date of January 1, 2020.
• PSF Files – CMS has released facility provider specific files with an effective date of January 1, 2020. The next update is expected in April 2020.

Minnesota VIEW STATE →

REGULATORY ACTIVITY:

• The Department of Labor and Industry (DLI) has partnered with Minnesota IT Services (MNIT), the Workers' Compensation Court of Appeals (WCCA) and national IT consulting firm CapTech to improve workers' compensation for Minnesotans by building the new web-based system, Work Comp Campus, for filing and accessing workers' compensation claims. Campus will allow ready and easy access for all parties involved in a workers' compensation claim to access and manage their claims in real time, online. Quicker access to claim information among all parties will ensure work injuries are reported and compensated in a streamlined process. Building Campus is a big job. Implementation and deployment kicked off in August 2018 and Campus will go live for all users in August 2020. Impacts to trading partners: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. The Minnesota R3.1 Implementation Guide will go into effect when Campus goes live. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. Trading Partners will be able to view metrics and information about their electronic data interchange (EDI) submissions and troubleshoot issues quickly. It is important to note that Minnesota is moving from the current TE (error) model to a TR (reject) model, which may impact timeliness of filings if there are errors on transactions. The final iteration of the Minnesota R3.1 Implementation Guide and Tables will be published in January 2020. Trading partners are encouraged to review these documents and contact us with any questions.

Impacts to rehabilitation providers: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. In Campus, rehabilitation providers will be able to view claim information they are a party to. R-forms will be completed and submitted electronically through Campus. Attachments to R-forms and associated documents can also be attached and uploaded with an R-form. Rehabilitation providers will be able to track R-forms and due dates and receive notifications of any disputes or settlements. In addition, qualified rehabilitation consultant (QRC) registrations and renewals will be completed electronically through Campus.

Impacts to insurers: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. The Minnesota R3.1 Implementation Guide will go into effect when Campus goes live. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. Insurers will now have the ability to quickly and easily access the full division file, along with any filings submitted and contact information for claim parties. Forms will be able to be submitted electronically or via electronic data interchange (EDI) and requests for information will be handled electronically. The final iteration of the Minnesota R3.1 Implementation Guide and Tables will be published in January 2020. Insurers are encouraged to review these documents and contact us with any questions.

Impacts to law firms: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties.

Preparing for Campus: Campus user training will begin about three months before go-live and will continue through June, July and August 2020. DLI is taking a multi-channel approach to training to ensure we are meeting the needs of our many users and reaching you where you are. Training will consist of a mix of in-person and virtual training courses, as well as on-demand materials. All training will focus on how you will use Campus in your role. More information about training scheduling will be available in spring 2020. You will receive email messages with details. Training schedule information will also be posted on the DLI website.

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• Effective January 1, 2020, the mileage rate will become $0.575 per mile for travel to seek medical treatment or while participating in an approved vocational rehabilitation plan. This conforms to the reimbursement rate paid to State of Nebraska employees. See related news release (https://www.wcc.ne.gov/legal-practice-statutes-and-rules/benefit-rates/mileage-rate-news-release).
• The Nebraska Workers’ Compensation Court’s revised Rules of Procedure are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/rules-of-procedure). An amendment to the court’s adjudicatory Rule 2 was adopted at a December 20, 2018 public meeting and approved by the Nebraska Supreme Court on January 22, 2020. Amendments to Rules 26, 29, 30, 47, and Addenda 2 and 3 were adopted at a public meeting on December 18, 2019.

Nevada VIEW STATE →

FEE SCHEDULE NEWS:

• The Division of Industrial Relations of the Department of Business and Industry in Nevada has adopted a new medical fee schedule with an effective date of February 1, 2020. The next expected update is scheduled for February 2021.

REGULATORY ACTIVITY:

• Effective January 1, 2020, the standard mileage reimbursement rate for transportation costs incurred while using a private vehicle while traveling on official State business has decreased from $0.58 per mile to $0.575 per mile. Per NAC 616C.150, reimbursement for the cost of transportation for an injured employee, under appropriate conditions, must be computed at a rate equal to the mileage allowance for State employees.  Please advise all adjusters as soon as possible to minimize any payment errors.

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• Published an updated document regarding COLAs for PTD and Survivors' Benefits Claims.  To view the document, go to http://dir.nv.gov/WCS/Home/.

New Hampshire VIEW STATE →

REGULATORY ACTIVITY:

• Effective January 1, 2020 the standard mileage reimbursement rate for transportation expenses will be $0.575 per mile.

New Jersey No-Fault VIEW STATE →

REGULATORY ACTIVITY:

Posted notice of adoption of NJAC 11:1-20.2 regarding insurance consumer protection. The following was the notice and the adopted rule language: Filing of Complaints Regarding Renewal, Non-Renewal, and Cancellation Notices, Notice of Administrative Change Take notice that the Department of Banking and Insurance (Department) is correcting the PO Box number found in the publication of the notice of adoption of N.J.A.C. 11:1-20.2(h), as published in the May 20, 2019, New Jersey Register at 51 N.J.R. 767(a). This notice of change is published pursuant to N.J.A.C. 1:30-2.7. Full text of the changed rule follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 20. RENEWAL, CANCELLATION, AND NONRENEWAL OF COMMERCIAL AND HOMEOWNERS INSURANCE POLICIES

11:1-20.2 Renewal, nonrenewal, and cancellation notice requirements

(a)- (g) (No change.)

(h) All notices of nonrenewal and cancellation, except those for nonpayment of premium, must contain a statement that shall be clearly [page=20] and prominently set out in boldface type or other manner that draws the reader's attention advising the insured that the insured may file a written complaint about the cancellation or nonrenewal with the New Jersey Department of Banking and Insurance, Office of Consumer Protection Services, PO Box [329] 471, Trenton, New Jersey [08625-0329] 08625-0471. The statement also shall advise the insured to contact the Department of Banking and Insurance immediately, in the event he or she wishes to file a complaint.

(i)- (m) (No change.)

New Jersey WC VIEW STATE →

REGULATORY ACTIVITY:

• On December 31, 2019, Marie Rose Bloomer, Esq., resigned from the N.J. Division of Workers' Compensation's Commission on Judicial Performance. Effective January 1, 2020, and in accordance with N.J.A.C. 12:235-10.5, I have appointed Michelle G. Haas, Esq., of the Law Office of Hoagland, Longo, Moran, Dunst & Doukas, LLP, to serve on the Commission for the remainder of Ms. Bloomer's term, which expires on August 31,2020.

New Mexico VIEW STATE →

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.

New York VIEW STATE →

FEE SCHEDULE NEWS:

• A new EAPG data set was released with an effective date of January 1, 2020. The next update is expected in April 2020.

REGULATORY ACTIVITY:

• Effective February 1, 2020, objections to ADs and PDs must be stated within the space provided on the issued AD or PD and sent to the Board. You must also include PDs: the WCB case number within your objection. The following instructions have been added to ADs:

If you object to part or all of this decision, please state your reasons on the back of this form and return it to the address listed above (keep a copy for your records). Any objection must be received on this form. Additional pages may be attached, if necessary. If you have any questions about this change, please contact the Board.  Phone: (877) 632-4996 Email: Claims@wcb.ny.gov

• Published Bulletin Subject Number 150-18.1 regarding change in rate of reimbursement to injured workers for travel by automobile. The mileage rate for reimbursement to injured workers for travel by automobile on or after January 1, 2020, is $.0575 per mile, in accordance with the Board resolution adopted on February 20, 1990.  To view the bulletin, go to http://www.wcb.ny.gov/content/main/SubjectNos/sn150_18_1.jsp.
• To further assist medical providers in the implementation of the CMS-1500 for workers’ compensation patients, the Board has created a medical narrative report template that can be used to create the medical narrative that must accompany all CMS-1500 submissions. The top of the template includes the three elements most narratives require: the patient’s work status, the causal relationship of the injury to the patient's work activities, and the patient’s percentage of temporary impairment. A medical narrative report may be found legally defective if these elements are missing. Medical providers must also include examination findings within their narrative, including the history of the injury/illness, objective findings based on the clinical evaluation, the patient’s plan of care and the diagnosis(es)/assessment of the patient. A link to the new template, as well as line-by-line instructions, can be found on the CMS-1500 section of the Board’s website at http://www.wcb.ny.gov/CMS-1500/requirements.jsp. A chart outlining the specific narrative requirements for each specialty is located on the same page. If you have any questions regarding use of the medical narrative report template, please write to the CMS-1500 mailbox at CMS1500@wcb.ny.gov.

North Carolina VIEW STATE →

FEE SCHEDULE NEWS:

• The state has published an update to their Professional, DME and Laboratory Fee Schedule with an effective date of January 1, 2020. The next expected update is in January 2021.

REGULATORY ACTIVITY:

• As of January 1, 2020, the IRS mileage rate for business travel is $0.575 per mile. This is the rate to be used for reimbursement for mileage incurred for medical treatment in workers' compensation cases. The updated Form 25T Itemized Statement of Charges for Travel reflects this change.
• Notice is hereby given in accordance with G.S. 150B-21.2 that the Industrial Commission intends to adopt the rule cited as 11 NCAC 23B .0106 and amend the rules cited as 11 NCAC 23A .0104, .0408, .0409, .0501, .0903; 23E .0104; and 23L .0103.  Proposed Effective Date:  June 1, 2020. Public Hearing: Date:  January 30, 2020 Time:  2:00 p.m. Location:  Room 240, 2nd Floor, Dept. of Insurance, Albemarle Bldg., 325 N. Salisbury St., Raleigh NC 27603. Reason for Proposed Action:  The Industrial Commission (hereinafter "Commission") has deemed the proposed adoption of the new rule cited as 11 NCAC 23B .0106 necessary to give clarity to the regulated entities in State tort claims regarding when notice is complete for decisions, orders, and other documents served on the regulated entities by the Commission via electronic mail. Additionally, on its own initiative, the Commission conducted an internal review of its existing rules and sought informal stakeholder feedback. The proposed amendments to the rules cited as 11 NCAC 23A.0104, .0408, .0409, .0501, and .0903 reflect changes the Commission has deemed necessary to clarify the rules, provide for increased efficiency, or update the rules to reflect current practices. The proposed amendment to the rule cited as 11 NCAC 23E .0104 was deemed necessary by the Commission to clarify and update its secure leave policy, to align the Commission's secure leave policy with the recent changes made to Rule 26 of the North Carolina Rules of General Practice, and to update the rule to reflect current practices. The proposed amendment to the rule cited as 11 NCAC 23L .0103 is a form change deemed necessary by the Commission in light of the proposed amendment to the rule cited as 11 NCAC 23A .0501. To view the notice, go to http://www.ic.nc.gov/proposedGroup3TortSecureLeaveand26ARules.html.

North Dakota VIEW STATE →

FEE SCHEDULE NEWS:

• The state has adopted changes to their rules and regulations for their medical and hospital fee schedules with an effective date of January 1, 2020. The next expected update is set for April 2020.

Ohio VIEW STATE →

FEE SCHEDULE NEWS:

• A new inpatient fee schedule has been adopted with an effective date of February 1, 2020. The next expected update for the inpatient fee schedule is in February 2021.

REGULATORY ACTIVITY:

• Posted notice that a rule in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: Professional Provider Fee Schedule -Rule Number: 4123-6-08 -Proposed Action: Amended. 
• This is to notify you that a rule in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: -Rule Title: Payment of ambulatory surgical center services. Rule Number: 4123-6-37.3 - Proposed Action: Amended.  
• Ohio is notifying you that a rule in the category Workers’ Compensation - Bureau of Workers’ Compensation is being considered for review: - Rule Title: Payment of hospital outpatient services.-Rule Number: 4123-6-37.2 -Proposed Action: Amended. 

Oklahoma VIEW STATE →

REGULATORY ACTIVITY:

• Effective January 1, 2020, the Internal Revenue Service has announced a DECREASE in the mileage reimbursement rate from $.58 to $.575 per mile.  (See IR-2019-2151, Issued 12/31/2019).  The new rate applies to mileage incurred on or after January 1, 2020.  To view this notice, go to https://www.ok.gov/wcc/Legal/Alerts/index.html.
• The Workers’ Compensation Commission is considering amendments to its administrative rules. A copy of the Commission’s proposed rules and notices of rulemaking intent are available to view on the Commission’s website at https://www.ok.gov/wcc/Legal/Governing_Documents_/index.html   Rules changes are summarized in the respective Notices of Rulemaking Intent found on the same link. If you would like to submit comments to the Commission regarding the proposed rules, you may email them to rules@wcc.ok.gov through Wednesday March 4, 2020. A public hearing will be held at 9:00 a.m., Thursday, March 5, 2020, in the Commission Chambers on the 2nd floor of the Denver Davison Building, Oklahoma City, OK. Interested parties must sign in at the door.
• The Workers’ Compensation Commission held a Special Meeting on January 27, 2020 at 1:30 p.m. in the Commission Chambers on the 2nd Floor of the Denver Davison Building to consider the report of external consultant Fair Health on the Oklahoma Workers’ Compensation Medical Fee Schedule. The draft schedule was published for a 30-day written comment period and a verbal comment meeting.  Once approved for public review, the Fee Schedule will be posted on the Commission website at https://www.ok.gov/wcc/. Members of the public will be provided 30 days to provide feedback and comments on the Fee Schedule. Written comments should be submitted via email to feeschedulecomments@wcc.ok.gov. On February 27, 2020, the Workers’ Compensation Commission will hold a Special Meeting at 9:00 a.m. in the Commission Chambers on the 2nd Floor of the Denver Davison Building to receive public oral comment. Interested parties must sign in at the door. At the close of this meeting the public written and oral comment periods will end. Since September 2019, the Workers’ Compensation Commission has worked with consulting firm, Fair Health, to review and update Oklahoma’s Medical Fee Schedule. To ensure an impartial review, Fair Health developed a data-driven approach through regional and nationwide comparisons of Oklahoma’s fee schedule rates.  They compared market information from a variety of sources and both public and private payers.
• Published a proposed fee schedule to become effective July 1, 2020.  To view the proposed fee schedule, go to https://www.ok.gov/wcc/.

Oregon VIEW STATE →

REGULATORY ACTIVITY:

• Published the December Issue of WCB Case News and Notes.  To view the publication, go to https://www.oregon.gov/wcb/Pages/news-notes.aspx.
• The Workers’ Compensation Division issues civil penalties for violations of statutes, rules, and orders of the director, such as claims processing and coverage reporting violations. Currently, depending on the seriousness and frequency of a violation, a civil penalty may range from $100 or less to $2,000 per violation.  Effective Jan. 1, 2020, House Bill 2087 (2019) amends the civil penalty law, ORS 656.7451, to:
  • Establish separate penalty caps for employers and insurers that induce workers not to report their injuries – $2,000 per violation and $40,000 in aggregate per calendar year.
  • Increase the per-violation penalty cap for insurers, self-insured employers, and service companies that fail to pay assessments or comply with the law from $2,000 to $4,000 and increase the total (aggregated) penalty cap from $10,000 per three-month period to $180,000 per calendar year.
  • Revise the total (aggregated) penalty cap for employers (except self-insured employers) and managed care organizations that fail to pay assessments or comply with the law from $10,000 per three-month period to $40,000 per calendar year. The per violation cap remains $2,000. The law change will allow per-violation civil penalties up to $4,000, but the division will continue to use established penalty rates in 2020.  The division will document patterns of noncompliance to determine appropriate penalty amounts after 2020. Although per-violation penalty rates will not increase in 2020, aggregate penalties issued under ORS 656.745 may sum to the revised total penalty caps of $40,000 or $180,000 during the calendar year.
• The Workers’ Compensation Division has published proposed rules to its website regarding OAR 436-009, Oregon Medical Fee and Payment.  A public rulemaking hearing (for oral testimony) has been scheduled: Feb. 18, 2020, 9 a.m.; Labor & Industries Building; 350 Winter Street NE, Room B Salem, Oregon 97301. Written testimony may be sent to: Email – fred.h.bruyns@oregon.gov. USPS mail or courier or hand delivery: Fred Bruyns, rules coordinator, Workers’ Compensation Division, 350 Winter Street NE, PO Box 14480, Salem, OR 97309-0405. Fax – 503-947-7514. The closing date for written comments is Feb. 21, 2020. You may also listen to the hearing or testify by telephone: Dial-in number is 1-213-787-0529; Access code is 9221262#.  To view this notice, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.
• The Oregon Workers’ Compensation Division has posted proposed amendments to: OAR 436-001, Procedural Rules, Attorney Fees, and General Provisions and OAR 436-060, Claims Administration.  A hearing will be held on February 18, 2020 at 9:00 a.m. in room B in the Labor and Industries Building at 350 Winter Street NE, in Salem Oregon. Come to the hearing and speak, send written comments, or do both. Send written comments to: Email – h.bruyns@oregon.gov; Fred Bruyns, rules coordinator Workers’ Compensation Division; 350 Winter Street NE (for courier or in-person delivery); PO Box 14480, Salem, OR 97309-0405 (for USPS); Fax – 503-947-7514.  You may listen to the hearing or testify by telephone: Dial-in number is 1-213-787-0529; Access code is 9221262#.  The closing date for comments is February 21, 2020.  To view this notice and rules, go to https://wcd.oregon.gov/laws/Pages/proposed-rules.aspx.

Oregon-Auto VIEW STATE →

REGULATORY ACTIVITY:

• Issued Proposed Financial Regulatory Bulletin No. DFR 2020 regarding guidance on exclusionary language regarding controlled substances.
• Issued Proposed Financial Regulatory Bulletin No. DFR 2020 regarding guidance on intentional acts exclusions.

Rhode Island Auto VIEW STATE →

REGULATORY ACTIVITY:

• Published Insurance Bulletin Number 2020-1 regarding salvage title requirements and consumer notice. In accordance with RI Gen. Laws 27-9.1-4, when a vehicle is deemed a total loss and the insurer is not retaining the salvage, the insurer must provide written notice to the vehicle owner regarding the steps involved for obtaining both a salvage title and a reconstructed title. The notice should be delivered to the vehicle owner at the time the vehicle owner requests a salvage bid.  To view this bulletin, go to https://dbr.ri.gov/news/insurance.php.

South Carolina VIEW STATE →

REGULATORY ACTIVITY:

• At the Business Meeting on December 16, 2019, the Commission approved the maximum weekly compensation rate at $866.67 for injuries arising on and after January 1, 2020. The South Carolina Department of Employment and Workforce certified the average weekly wage July 1, 2018 through June 30, 2019.   As provided in Title 42 of the SC Code of Laws, 1976 the maximum weekly compensation rate equals 66⅔% of an individual’s average weekly wage, not to exceed the average weekly wage in this State for the preceding fiscal year as determined by the South Carolina Department of Employment and Workforce.
• Published a summary of the December 16, 2019 business meeting.  To view the summary, go to https://wcc.sc.gov/news.
• Published bulletin 2020-02 regarding Self-Funded Rates for the Workers' Compensation Assigned Risk Plan. To view the bulletin, go to https://doi.sc.gov/civicalerts.aspx?AID=231.
• At  the Business Meeting on January  13, 2020,  the  Commissioners  received  the preliminary analysis of the Medical Services Provider Manual in preparation of considering changes prior to the effective date of April 1, 2020. The Commission also received an analysis of the Anesthesia rates contained within the Medical Services Provider Manual. To view the memo go to https://wcc.sc.gov/news/2020-01/medical-services-provider-manual-notification.
• The National Council on Compensation Insurance (NCCI) is the workers’ compensation insurance rating organization in South Carolina.  As such, they file prospective loss costs with the South Carolina Department of Insurance (Department) for approval.  Once approved by the Department, insurers writing workers’ compensation insurance must adopt these loss costs. The Department approved NCCI’s most recent loss cost filing on January 9, 2020 with an effective date of April 1, 2020.  Workers’ compensation insurers are required to make a filing to adopt the new loss costs on or before March 9, 2020 (60 days after the approval date of those loss costs).  The effective date of this adoption must be no later than July 30, 2020 (120 days after the effective date of the approved loss costs).  Any such filing is considered to be informational.  Insurers may also submit a loss cost adoption as a part of a loss cost multiplier (LCM) filing.  Loss cost multipliers, when filed alone or in combination with a loss cost adoption, are subject to prior approval with a review time of 60 days.  To view this notice, go to https://doi.sc.gov/civicalerts.aspx?AID=232

Texas VIEW STATE →

FEE SCHEDULE NEWS:

• A new Home Health and Dental fee schedules have been updated with an effective date of January 1, 2020. The next expected update is in April 2020.

REGULATORY ACTIVITY:

• The division has established a web site regarding the recently enacted statute for reimbursement for federal military treatment facilities. The Texas Labor Code applies to services provided to injured employees at federal military treatment facilities (FMTF). With few exceptions, health care provided to an injured employee at an FMTF, on or after January 1, 2020, is paid at 100 percent of the billed charges. The web page provides vital information regarding the implementation of the new law and rule written in conjunction with the statute.  It provides guidance regarding the transmittal of the initial bill for a claimant treated at a military treatment facility to the state.  To view the information, go to https://www.tdi.texas.gov/wc/carrier/fmtfic.html.

Texas Auto VIEW STATE →

REGULATORY ACTIVITY:

• The insurance department issued Commissioner's Bulletin 2020-02 temporary vehicle coverage provisions in House Bill 3420.  Personal auto insurers will need to revise and file their policies to comply with the temporary vehicle coverage provisions in House Bill 3420, passed by the 2019 Texas Legislature. HB 3420 requires personal auto policies to provide primary liability coverage for temporary vehicles as defined in the law.  To view the bulletin, go to https://www.tdi.texas.gov/bulletins/index.html.

Wyoming VIEW STATE →

FEE SCHEDULE NEWS:

• The state has published a new medical fee schedule effective January 1, 2020. A new fee schedule update is expected in January 2021.