FEE SCHEDULE NEWS:

• The DMEPOS and ambulance rates, based on the CMS DMEPOS and Ambulance fee schedules, have been updated effective as of January 1, 2018.  Next update is expected in April 2018.

REGULATORY ACTIVITY:

• Effective January 1, 2018, the Internal Revenue Service has announced an increase in the mileage reimbursement rate from $.535 to $.545 per mile.  (See IR-2017-204, Issued 12/14/2017).  The new rate applies to mileage incurred on or after January 1, 2018.

FEE SCHEDULE NEWS:

• The Workers’ Compensation Commission has adopted and released a new Medical and Hospital fee schedule with an effective date of July 1, 2020.  The Medical Fee Schedule sets the maximum allowable rates of reimbursement for hospitals and medical services treating workers’ compensation injuries. “This is the first update of the State’s Fee Schedule since 2012, and the first of what should become a regular, biannual update,” said Commissioner Jordan Russell, who shepherded the schedule through the update process. The 2020 Medical Fee Schedule is available on the WCC’s website 2020 Medical Fee Schedule. Questions about the new Fee Schedule can be emailed to feeschedule@wcc.ok.gov. “In 2019, the Legislature enabled us to contract with an objective, outside entity to review the maximum fees medical professionals can charge in work injury cases and to update the codes assigned to each medical procedure,” said Commissioner Mark Liotta, Chair of the WCC. Since September 2019, the WCC worked with consulting firm, FAIR Health, to review and update the Fee Schedule. To ensure an impartial review, FAIR Health developed a data-driven approach through regional and nationwide comparisons of Oklahoma’s existing rates. They compared market information from a variety of sources, including public and private payers. “The WCC provided two 30-day public comment periods to gather information from community stakeholders and to ensure we heard from all affected parties,” said Commissioner Megan Tilly.

REGULATORY ACTIVITY:

• The Workers’ Compensation Commission (WCC) voted in a public special meeting on April 16, 2020, to amend the WCC’s previously extended filing deadlines and procedures, including statutes of limitation, and continue the extension until May 15, 2020. This extension mirrors a portion of the Oklahoma Supreme Court’s Emergency Joint Order (SCAD 2020-29) issued on March 27, 2020. The WCC will remain open in a limited capacity. All current emergency measures will remain in place until the WCC resumes normal operations.

LEGISLATIVE ACTIONS:

• Senate Bill 1375 The enacted legislation includes chiropractic services in the list of services required for employers to provide to employees with compensable injuries. Effective Date September 1, 2020.

REGULATORY ACTIVITY:

• On March 12, 2020, the Workers’ Compensation Commission held a Special Meeting at 1:30 p.m. in the Commission Chambers on the 2nd floor of the Denver Davison Building to discuss the public comments to the Proposed 2020 Fee Schedule. The 2020 Proposed Fee Schedule comments have been compiled and posted on the Commission website athttps://www.ok.gov/wcc/.
• The Oklahoma Workers’ Compensation Commission (“WCC”) and its administrative law judges (“ALJs”) continue to closely monitor the continuing public health crisis caused by COVID-19. Governor J. Kevin Stitt issued Amended Executive Order 2020-07 on March 17, 2020, declaring “an emergency caused by the impending threat of COVID-19” and directed agencies to “utilize online options whenever possible.” Further, on March 25, 2020, Governor Stitt issued Amended Executive Memorandum 2020-01 clarifying that certain businesses and infrastructures that provide critical services should remain open. State agencies have been directed to continue to follow guidance for interaction with the public provided by the Oklahoma Department of Health at https://coronavirus.health.ok.gov/. The Oklahoma City offices of the Workers’ Compensation Commission will reopen Monday, March 30 in a limited capacity. All dockets, including those of the Administrative Law Judges and all Commission appeals, will be stricken until April 30, 2020. The Tulsa offices will remain closed to the public. While the building is open, in the interest of public health and safety, limited services will be provided by the Commission until further notice. Additionally, no mediations should be conducted on the premises. The hearing rooms and attorney conference rooms will be locked. Parties may contact the assigned judge or Chief ALJ by telephone or email only. The services the Commission will be provided until further notice include:
• Form Filings- Filings should be sent via mail and electronically were available. Filings should be mailed to the Commission’s Oklahoma City address: 1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105. An email option will be available soon.  Please include a self-addressed, stamped envelope if paper file copies are needed.
• Approval of Joint Petition Settlements Electronically- See Commission Alert
• Case Issues Resolved by Email: During this period of stricken dockets, if the parties are unable to resolve an issue by agreement, the Administrative Law Judges will be available by email to discuss cases involving an issue(s) which may be resolved remotely by the ALJ. Please contact the assigned Judge or Chief ALJ via email for further direction and the scheduling of telephonic pre-hearing conferences, if necessary. Cases will be reset on pre-hearing and trial dockets as soon as possible as we are operating in a state of emergency:
  • shane.curtin@wcc.ok.gov
  • mike.egan@wcc.ok.gov
  • pblair.mcmillin@wcc.ok.gov
  • john.blodgett@wcc.ok.gov
  • tara.inhofe@wcc.ok.gov
  • molly.lawyer@wcc.ok.gov

• Compliance Payments- Paid via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Permitting Payments- Paid via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Billing- Court Fees and other payments will be accepted via online payment portal and mail (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.)
• Counselor Services- Via phone (855) 291-3612(In-state toll free) (405) 522-5308or by email at counselors@wcc.ok.gov.
• Records Searches and Copy Requests- File copies can be obtained by mailing in the Commission request form to the Oklahoma City WCC Office (1915 North Stiles Avenue, Oklahoma City, Oklahoma, 73105.) We ask that if you have many requests to submit, and are able to wait, please save them until after April 30. Copy fees should be mailed in with the proper form.

Extension of Deadlines: The Commission has adopted and will follow the portion of the Oklahoma Supreme Court’s Emergency Order from March 16, 2020 (SCAD No. 2020-24), specifically paragraphs 3 and 4: Subject only to constitutional limitations, all deadlines, and procedures whether prescribed by statute, rule or order in any workers’ compensation claim under the jurisdiction of the Workers’ Compensation Commission shall be suspended for 30 days from the date of the Supreme Court Emergency Order (issued March 16, 2020). This suspension also applies to appellate rules and procedures for the Workers’ Compensation Commission. In any Workers’ Compensation Commission case, the statute of limitations shall be extended for 30 days from the date of the Supreme Court Emergency Order.

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/.

REGULATORY ACTIVITY:

•  In June 2019, pursuant to statutory direction at 85A O.S. § 50(H) (14) (b), the Workers’ Compensation Commission (“WCC”) sought an impartial, external consultant to analyze Oklahoma’s Fee Schedule, and to propose an amendment for WCC approval. After following the statutory RFP process, the Commission selected Fair Health to assist in this endeavor on August 8, 2019. Soon after initial planning discussions, representatives from Fair Health immediately began analyzing existing fee schedule maximum allowable rates in comparison to data from workers’ compensation fee schedules and medical fee schedules of public and private payors across the country, analyzing the market for workers’ compensation medical services based upon the frequency of current charges and the availability of care, and receiving comment on the various challenges of the current fee schedule and proposed solutions from stakeholders within the workers’ compensation system. As demonstrated in a detailed timeline, the WCC facilitated and announced numerous opportunities, in public meetings, online, via mail, and email for all potential stakeholders, including the members of our two advisory boards, to share comments and provide input regarding potential revisions to the Fee Schedule. Fair Health has since received input from such stakeholders through these meetings and the online information portal. Additionally, Fair Health made multiple visits to Oklahoma to hear first-hand from Oklahoma stakeholders. To view this notice and the timeline, go to https://www.ok.gov/wcc/Legal/Alerts/index.html .

REGULATORY ACTIVITY:

• Oklahoma Workers’ Compensation Commission (WCC): The Commissioners of the WCC have hired Lauren Hammonds Johnson as the agency’s new General Counsel effective November 1st, 2019. The General Counsel will work directly under Commissioners Mark Liotta, Jordan Russell and Megan Tilly.

REGULATORY ACTIVITY:

• Passed emergency rules regarding pharmacy benefit managers. The adopted emergency rule Chapter 25 OAC 365-25-29 can be viewed at https://www.ok.gov/oid/Public_Information/Legal/2019_Emergency_Rule_Amendments.html.

REGULATORY ACTIVITY:

• In a move toward greater efficiency, cost reduction, and improved customer service in state government, the Oklahoma Workers’ Compensation Commission (WCC) and the Court of Existing Claims (CEC) are consolidating their Tulsa courtroom and office space. The two agencies have inked an agreement which will provide for combined operations in the Houston Avenue state office building in downtown Tulsa. “This agreement is an opportunity to take advantage of economies of scale and introduce some common sense into a governmental operation.” said Commissioner Mark Liotta, Chairman of the WCC. “The WCC is the follow-on agency to the CEC as it winds down, we manage very similar operations, just with different jurisdictional dates. There is no continuing reason for us to maintain separate spaces in Tulsa.” The Presiding Judge of the CEC,  L. Brad Taylor, commented, “While the CEC and the WCC are separate branches of government, both strive through a continuing relationship of cooperation to serve the great State of Oklahoma and further support Governor Stitt’s vision of Oklahoma being a top 10 state.” The savings will be seen in an overall reduction of office space being leased by the Commission. The WCC is giving up the majority of its office space and moving into available offices within the CEC. Injured workers and employers who have cases before either agency will share waiting areas, attorney conference areas, and other common areas. The newly abandoned office space, about half of the WCC’s current lease, will become available for the state Office of Management Enterprise Services to lease to other agencies needing room as of September 1, 2019. Further, the WCC and CEC will share reception staff, which will reduce labor costs. “I applaud the CEC and WCC for prioritizing efficiency and cost savings for the taxpayer as they consolidate their Tulsa operations,” said Governor Stitt. With legislation passed in Oklahoma’s most recent session, the CEC will continue to wind down operations, reducing from four full-time judges on July 1, 2020, to one appointed by the Governor. The CEC will use retired active judges to staff their three-judge panel for appeals and continue to operate a courtroom in Tulsa as well. Oklahoma’s workers’ compensation system was reformed in 2013, establishing the WCC, which became fully operational February 1, 2014.  The WCC provides a forum for workers’ compensation hearings and appeals, ensures workers' compensation insurance compliance by all employers, and regulates organizations who wish to self-fund their workers’ compensation obligations. Although an executive branch, administrative and regulatory agency, the WCC exercises the State’s judicial authority, making it a hybrid, quasi-judicial agency.

REGULATORY ACTIVITY:

• The WCC has announced the appointment of John Blodgett to the position of Administrative Law Judge (ALJ), effective September 3rd, 2019. He will be filling a newly created ALJ position in Oklahoma City. He will report to Chief ALJ Shane Curtin and the three Commissioners of the WCC. The WCC currently employs five administrative Law Judges and administered over 7,900 cases in 2018. Blodgett will begin hearing workers’ compensation cases in Oklahoma City as a part of his duties with the WCC.  Chairman Mark Liotta said, “We look forward to having John join our team here at our Oklahoma City offices. We continuously review our case volume, and it was clear we could improve our service to the people of Oklahoma by adding another ALJ position. He has the right experience and the right temperament to fill that position.”  John will be leaving his position at the law offices of R. Ted Leslie, PLLC when he joins the WCC in September. For the last ten years John has focused his career on workers’ compensation law, representing respondents in workers’ comp cases as well as having some limited experience representing claimants. John received his bachelor’s degree in elementary education from Cameron University. After a few years of teaching in Lawton he matriculated to the University of Oklahoma to earn his Juris Doctorate. He currently lives in Norman with his wife Holly and two daughters. Oklahoma’s workers’ compensation system was reformed in 2013, establishing the Administrative Workers’ Compensation Act (Act). The Act created the Workers’ Compensation Commission (WCC) which became fully operational effective February 1, 2014.The WCC provides a forum for workers’ compensation hearings and appeals, ensures compliance with relevant statutes by employers, and regulates organizations who wish to self-fund their workers’ compensation obligations.  For additional information, contact: Director of Communications and Administration Collin Fowler at (405) 522-8606 Communications@wcc.ok.gov.

LEGISLATIVE ACTIONS:

• House Bill 1095

The enacted legislation amends the Oklahoma Employment Security Act to apply the 20-factor test used by the IRS in determining whether an employer-employee relationship exists.  Effective Date January 1, 2020. 

• Senate Bill 274

The enacted legislation reduces the balance of the Self-insurance Guaranty Fund at which the Workers’ Compensation Commission may levy an assessment against each private self-insurer and group self-insurance association from below $2 million to below $750,000. The measure increases the maximum assessment rate from 1% to 2% of actual paid losses of the preceding calendar year. Effective Date November 1, 2019.  

• House Bill 2367

The enacted legislation modifies definitions compensable injury, course and scope of employment, cumulative trauma, employee, employer, and objective findings. It Extends applicability of the Administrative Workers’ Compensation Act to federally owned lands. Precludes employees making a claim in another jurisdiction to pursue benefits under the Administrative Workers’ Compensation Act. Allows Commission to send notice to health care providers regarding compensability of injury electronically. Removes prohibition that Commissioners may not receive an increase in salary. Authorizes Commission to take certain actions regarding meetings and administrative business. Caps first time violation of employers to seek workers’ compensation coverage to $50,000. Authorizes Commission to institute a collection proceeding against an employer’s assets. Extends temporary total disability benefits to 156 weeks. States that employee’s temporary total disability benefits will be permanently terminated if he/she abandons treatment for 60 days. Increases permanent partial disability benefits to $350/week and then $360/week beginning in 2021. Extends permanent partial disability benefits to 360 weeks. Removes provisions related to reductions of awards. Directs Commission to update the Fee Schedule, in conjunction with consultants, every two years and report amended Fee Schedule to Governor and Legislature. Modifies provisions related to filing requirements.  Allows for hearings to occur in any county in the state.  Provides that each party shall be responsible for legal services and expenses.  Allows incarcerated persons to receive medical benefits. Provides that Workers’ Compensation Court of Existing Claims will consist of one judge beginning in 2020 to be appointed by the Governor. Allows for Governor to appoint Administrator of the Court and provides duties, including submitting an annual report regarding awards made to the Governor, Supreme Court, and Legislature. Directs the Court of Existing Claims to contract with the Commission in order to integrate records, to be completed in 2022.  Authorizes Commission to hold executive sessions. Modifies provisions related to assessments against employers for the purpose of providing secure funding sources for Multiple Injury Trust Fund. Increases maximum assessment rate against insurers to 7% for a three-year period. Allows Commission to assess uninsured employers a temporary assessment. Provides that annually $1 million will be transferred from the Multiple Injury Trust Fund to the Oklahoma Department of Labor for the purpose of administering the Oklahoma Occupational Health and Safety Standards Act.  Provides conditions and filing requirements employee must meet in order to file a claim against the Multiple Injury Trust Fund.  Authorizes Multiple Injury Trust Fund Director to hire necessary employees and provide results of audit reports to the Commission annually.  Allows for $4 million to be transferred to the Workers’ Compensation Commission Revolving Fund from the Multiple Injury Trust Fund. Allows for $1.75 million to be transferred to the Worker’s Compensation Administrative Fund from the Multiple Injury Trust Fund.  Repeals guidelines related to annual reports by the Attorney General to the Workers’ Compensation Commission regarding fraud investigations, by the Workers’ Compensation Commission to the Legislature and Governor for evaluation of administration of act. Repeals stipulation that contractor shall be liable for a subcontractor’s employees. Repeals Oklahoma Employee Injury Benefit Act.  Effective Date May 23, 2019.