REGULATORY ACTIVITY:

• Posted notice of withdrawal of rule 69L-7.100 Florida Workers' Compensation Manual for Ambulatory Surgical Centers (ASCs) and for 69L-7.501 Florida Workers' Compensation Reimbursement Manual for Hospitals.

REGULATORY ACTIVITY:

• Posted notice of a public hearing workshop to be held June 10, 2020. DEPARTMENT OF FINANCIAL SERVICES: Division of Workers' Compensation. RULE : 69L-31.002 Definitions; 69L-31.003  Petition Form; 69L-31.004 Carrier Response Form; 69L-31.005  Petition Requirements; 69L-31.006 Consolidation of Petitions; 69L-31.007 Service of Petition on Carrier and Affected Parties; 69L-31.008  Computation of Time; 69L-31.009 Carrier Response Requirements; 69L-31.010 Effect of Non-Response by Carrier; 69L-31.011 Complete Record; 69L-31.012 Joint Stipulation of the Parties: 69L-31.013 Petition Withdrawal; and 69L-31.014       Overutilization Issues Raised in Reimbursement Dispute Resolution. The DEPARTMENT OF FINANCIAL SERVICES announces a hearing to which all persons are invited. DATES AND TIMES: UPDATED: The Division of Workers’ Compensation has changed the hearing scheduled for Wednesday, April 8, 2020, 9:00 a.m. – 11:30 a.m. to, Wednesday, June 10, 2020, 9:00 a.m. – 11:30 a.m. This hearing was previously noticed in the Vol. 46/31, February 14, 2020 issue of the Florida Administrative Register. PLACE: DWC 1st Floor Conference Room, 1579 Summit Lake Drive, Tallahassee, FL 32317. GENERAL SUBJECT MATTER TO BE CONSIDERED: The hearing is being conducted to receive public input and consider proposed changes to the above-referenced rules. A copy of the agenda may be obtained by contacting: Theresa Pugh, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Theresa Pugh, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).  To view this notice, go to https://www.flrules.org/gateway/View_Notice.asp?id=23077869.

REGULATORY ACTIVITY:

• Notice of Development of Rulemaking: DEPARTMENT OF FINANCIAL SERVICES; Division of Workers' Compensation RULE NOS and RULE TITLES: 69L-7.710 Definitions; 69L-7.720 Forms Incorporated by Reference for Medical Billing, Filing and Reporting; 69L-7.730;Health Care Provider Medical Billing and Reporting Responsibilities; 69L-7.740 Insurer Authorization and Medical Bill Review Responsibilities. PURPOSE AND EFFECT: The Department proposes the development of rule amendments to address clarification of medical reimbursement and utilization review requirements. SUBJECT AREA TO BE ADDRESSED: The medical reimbursement and utilization review requirements. RULEMAKING AUTHORITY: 13(7)(e), 440.591, FS. LAW IMPLEMENTED: 440.13(7), (8), (11)(a), (12), 440.134(15), FS. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: Wednesday, May 27, 2020; TIMES: 69L-7.710, F.A.C. 9:30 a.m. – 10:30 a.m.; 69L-7.720, F.A.C. 10:30 a.m. – 11:30 a.m.; 69L-7.730, F.A.C. 1:00 p.m. – 2:30 p.m.; 69L-7.740, F.A.C. 2:30 p.m. – 4:00 p.m. PLACE: Room 155, Hilltop Building at Summit East, 1579 Summit Lake Drive, Tallahassee, Florida. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Brittany O’Neil, Policy Coordinator, Division of Workers’ Compensation, Department of Financial Services, telephone: (850)413-1927, email: Brittany.Oneil@myfloridacfo.com If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Brittany O’Neil, Policy Coordinator, Division of Workers’ Compensation, Department of Financial Services, address: 200 East Gaines Street, Tallahassee, Florida 32399-4228, telephone: (850)413-1927, email: Brittany.Oneil@myfloridacfo.com. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.
• Issued bulletin OIR-20-05 regarding workers' compensation insurance guidance related to COVID-19.  In response to the Executive Order 20-51 issued by Governor Ron DeSantis establishing COVID-19 response protocols and directing a public health emergency in Florida, Governor DeSantis’ Executive Order 20-52 declaring a state of emergency in the state of Florida, and Chief Financial Officer Patronis’ Directive 2020-05 providing workers compensation coverage for public servants on the front line of COVID-19, the Florida Office of Insurance Regulation (“OIR”) is issuing an Informational Memorandum to all insurers and entities regulated by OIR (“Regulated Entities”) that are authorized to write workers’ compensation insurance to provide guidance on the treatment of policyholders as part of the state’s ongoing efforts to protect Floridians.  To view the bulletin, go to https://www.floir.com/office/memoranda/index.aspx.
• Issued bulletin OIR-20-06 regarding telehealth and pharmacy audit guidance for response to COVID-19.  In response to the Executive Order 20-51 issued by Governor Ron DeSantis establishing COVID-19 response protocols and directing a public health emergency in Florida, and following Governor DeSantis’ Executive Order 20-52 declaring a state of emergency in the state of Florida,  the Florida Office of Insurance Regulation (OIR) is issuing this Informational Memorandum to all health insurers, and other health entities regulated by OIR, and all Pharmacy Benefit Managers registered to do business in Florida to encourage the use of technology to help combat the spread of COVID-19.  To view the bulletin, go to https://www.floir.com/office/memoranda/index.aspx.

REGULATORY ACTIVITY:

• Following Governor DeSantis’ Executive Order 20-52 declaring an emergency in the state of Florida in response to the COVID-19 public health emergency, the Florida Office of Insurance Regulation (OIR) issued Informational Memorandums OIR-20-01M through OIR-20-06M. To view the memorandums, go to https://floir.com/Office/Coronavirus-COVID-19.aspx.
• The Department of Financial Services division will hold a public hearing to receive public input and consider proposed changes to the following rules: Division of Workers' Compensation. Rule No.: 69L-31.002, 69L-31.003, 69L-31.004, 69L-31.005, 69L-31.006, 69L-31.007, 69L-31.008, 69L-31.009, 69L-31.010, 69L-31.011, 69L-31.012, 69L-31.013, 69L-31.014. The Division of Workers’ Compensation has changed the hearing scheduled for Wednesday, April 8, 2020, 9:00 a.m. – 11:30 a.m. to, Wednesday, June 10, 2020, 9:00 a.m. – 11:30 a.m.This hearing was previously noticed in the Vol. 46/31, February 14, 2020 issue of the Florida Administrative Register. Location: DWC 1st Floor Conference Room, 1579 Summit Lake Drive, Tallahassee, FL 32317. https://www.flrules.org/gateway/View_Notice.asp?id=23077869.

REGULATORY ACTIVITY:

• Posted notice of a hearing regarding receiving public input for rules 69L-002- 31.014.The Department of Financial Services announces a hearing to which all persons are invited. Date and time: Wednesday, April 8, 2020, 9:00 a.m. – 11:30 a.m. Place: DWC 1st Floor Conference Room, 1579 Summit Lake Drive, Tallahassee, FL 32317; General subject matter to be considered: The hearing is being conducted to receive public input and consider proposed changes to the above-referenced rules. A copy of the agenda may be obtained by contacting: Theresa Pugh, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Theresa Pugh, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). To view the notice and proposed rules, go to https://www.flrules.org/gateway/View_Notice.asp?id=22927325

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.

REGULATORY ACTIVITY:

•  The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $970.58 for the four calendar quarters ending June 30, 2019. Section 440.12(2), Florida Statutes (2019), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2020, shall be $971.00. To view this notice, go to https://www.myfloridacfo.com/Division/WC/noticesRules.htm. To view the bulletin, go to https://www.myfloridacfo.com/Division/WC/bulletins.htm .

REGULATORY ACTIVITY:

• The Department proposes the development of rule amendments to clarify requirements and procedures for resolution of medical reimbursement disputes by the Florida Department of Financial Services pursuant to section 440.13(7) (e). To view the proposed rule, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-31.002.

REGULATORY ACTIVITY:

• The Florida Office of Insurance Regulation (OIR) conducted a public hearing to discuss NCCI’s proposed overall statewide average workers' compensation premium decrease of 5.4% on October 4, 2019.

REGULATORY ACTIVITY:

• Posted notice that rule amended rule 69L-3.009 became effective on June 25, 2019.  To view the notice, go to https://www.myfloridacfo.com/Division/WC/noticesRules.htm.

LEGISLATIVE ACTIONS:

• Senate Bill 426

Granting certain benefits to a firefighter upon receiving a diagnosis of cancer if certain conditions are met; requiring an employer to make certain disability payments to a firefighter in the event of a total and permanent disability; providing for death benefits to a firefighter’s beneficiary if a firefighter dies as a result of cancer or cancer treatments, etc. Effective Date July 21, 2019.