LEGISLATIVE ACTIONS:

• Issued Regulatory Order R19-03 regarding air ambulance membership agreements. In 2014, the legislature enacted a new chapter of the insurance code (AS 21.61) regulating air ambulance membership agreements. In 2015, the Alaska Division of Insurance adopted air membership agreement regulations pursuant to AS 21.61.109. These regulations (3 AAC 31.600 – 690) describe the requirements for registration of air ambulance service providers and the contents of membership agreements. Specifically, 3 AAC 31.650(a) requires membership agreements must be filed consistent with AS 21.42.120. However, AS 21.42.120(d) authorizes the director, by order, to exempt a form or document from the filing requirements of AS 21.42.120 for a time determined by the director when, in the opinion of the director, the filing or approval of the form or document is not desirable or necessary for the protection of the public. This order exempts air ambulance agreements from the filing requirements of AS 21.42.120 and 3 AAC 31.650 as described in AS 21.61. The registration requirements and contents of the membership agreement requirements under 3 AAC 31.600 – 3 AAC 31.690 remain in effect.  To view the order, go to https://www.commerce.alaska.gov/web/ins/Resources/Orders/Regulatory.aspx.

REGULATORY ACTIVITY:

• The Alaska Workers' Compensation Board and Medical Services Review Committee will conduct a special joint meeting of the full board and MSRC, Friday, August 23, 2019. This meeting is open to the public, and will begin at 10:00am. The meeting will be held at the following location: Department of Labor Building, 3301 Eagle Street, Hearing Room 208, Anchorage, Alaska. The purpose of this special meeting is to discuss and make recommendations relating to Alaska medical fee schedule regulations. The Board will also conduct other business as necessary and useful. The public may attend these meetings in person or telephonically by calling 800-315-6338 and entering access code 92019 when prompted for the participant pin code. Public comment will be taken in person or telephonically from 10:45AM to 11:45AM on August 23, 2019 and might be extended to accommodate those present before 10:45AM who did not have an opportunity to comment.  To participate telephonically, call 800-315-6338, access code 92019. Individuals or groups of people with disabilities, who require special accommodations, should contact Alexis Newman at (907) 465-6059 or alexis.newman@alaska.gov by 4:30PM, Friday, August 16, 2019. Please provide advance notice in order for the Department of Labor and Workforce Development to accommodate your needs. For additional information regarding this meeting, please contact the Division of Workers' Compensation at 465-2790. To view this notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=194956

REGULATORY ACTIVITY:

• The Medical Services Review Committee will be holding a series of public meetings on the following dates and times: Friday, June 21, 2019, from 10:00am to 5:00pm, Friday, July 26, 2019, from 10:00am to 5:00pm and Friday, August 9, 2019, from 10:00am to 5:00pm. All the meetings will be held at the following location: Department of Labor Building; 3301 Eagle Street; Hearing Room 208; Anchorage, Alaska.  The purpose of these meetings is to discuss and make recommendations to the department and the Workers’ Compensation Board involving the appropriateness, necessity, and cost of medical and related services provided under the Workers’ Compensation Act. The primary deliverable shall be recommendations relating to Alaska medical fee schedule to be adopted under 8 AAC 45.083 for calendar year 2020. The public may attend these meetings in person or telephonically by calling 800-315-6338 and entering access code 92019 when prompted for the participant pin code. Individuals or groups of people with disabilities, who require special accommodations, should contact Alexis Newman at (907) 465-6059 or newman@alaska.gov at least five working days in advance of each meeting. Please provide as much advance notice as possible in order for the Department of Labor and Workforce Development to take the necessary steps to accommodate your needs. For additional information regarding this meeting, please contact the Division of Workers' Compensation at 465-2790. To view this notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=194315.
• The SIME selection panel, established under 8 AAC 45.092 to select physicians for the Alaska Workers' Compensation Board's list of second independent medical examiners, will meet on the following dates and times: June 7, 2019 – 12:00 pm to 1:00 pm; June 12, 2019 – 12:00 pm to 1:00 pm; June 25, 2019 – 12:00 pm to 1:00 pm; July 8, 2019 – 12:00 pm to 1:00 pm; July 10, 2019 – 12:00 pm to 1:00 pm.  All interested persons are invited to attend. All meetings will be held telephonically.  To attend, call 800-315-6338, access code 92019. Individuals or groups of people with disabilities, who require special accommodations, should contact Alexis Newman at (907) 465-6059 or newman@alaska.gov at least 3 working days in advance of each meeting. Please provide advance notice in order for the Department of Labor and Workforce Development to accommodate your needs. For additional information regarding this meeting, please contact Sue Reishus at (907) 465-6058 or sue.reishus@alaska.gov.  To view this notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=194206.

REGULATORY ACTIVITY:

• The Alaska Workers' Compensation Division (WCD), the Alaska Division of lnsurance (DOI), and the Division of Corporations, Business, and Professional Licensing (CPBL), have received inquiries pertaining to changes in the Alaska Workers' Compensation Act affected by last year's passage of HB79.   Given the overlapping relationship of these concerns, the divisions are issuing Bulletin 19-02 under each of the divisions' respective bulletin numbers to address the inquiries.  This bulletin will explain in detail the statutory changes that either have already occurred or will occur in the near future.  To view the bulletin, go to http://labor.alaska.gov/wc/bulletins.htm.

REGULATORY ACTIVITY:

• Posted an amended notice of proposed changes relating to rules regarding electronic filing, agency forms, hearings, material adopted by reference, filing notices, second independent medical evaluations, case files, reporting compensation, controversial notices, and employee status. This amended notice extends the date for written public comment and changes the date for in-person public comment. To view the notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=192301.

REGULATORY ACTIVITY:

• The Alaska Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board propose to adopt regulation changes in Title 8 of the Alaska Administrative Code, dealing with electronic filing, agency forms, hearings, material adopted by reference, filing notices, second independent medical evaluations, case files, reporting compensation, controversial notices, and employee status, including the following:

(1)  8 AAC 45.020 is proposed to be changed as follows: Amend procedures relating to filing a document.

(2) 8 AAC 45.025 is proposed to be changed as follows: Amend the regulation to reference the correct agency mailing address and clarify where agency forms may be obtained.

(3) 8 AAC 45.060 is proposed to be changed as follows: Amend procedures relating to filing and serving a document.

(4) 8 AAC 45.070 is proposed to be changed as follows: Clarify hearing procedures.

(5) 8 AAC 45.083 is proposed to be repealed and readopted as follows: Update fee schedule material adopted by reference.

(6) 8 AAC 45.085 is proposed to be changed as follows: Amend procedures relating to filing a document.

(7) 8 AAC 45.092 is proposed to be changed as follows: Amend procedures relating to the second independent medical evaluation process.

(8) 8 AAC 45.110 is proposed to be changed as follows: Clarify hearing procedures.

(9) 8 AAC 45.134 is proposed to be repealed: Change how compensation may be offset.

(10) 8 AAC 45.136 is proposed to be repealed and readopted as follows: Change the procedures for reporting compensation.

(11) 8 AAC 45.182 is proposed to be changed as follows: Clarify controversial notice filing procedures.

(12) 8 AAC 45.890 is proposed to be repealed: Remove regulatory definition of employee status.

• Written comments were accepted until January 3, 2019. Oral comments may be submitted at a hearing to be held on January 10, 2019, in Room 208, 3301 Eagle St., Anchorage, Alaska 99503. Public comment will be heard from 10:15am to 11:15am and might be extended to accommodate those present before 10:15am who did not have an opportunity to comment. You may submit written questions relevant to the proposed action to the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK 99811-5512 or by electronic mail at workerscompregs@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Labor and Workforce Development, Division of Workers’ Compensation will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the Division of Workers’ Compensation’s website. A copy of the proposed regulation changes and the material proposed for adoption by reference is available on the Alaska Online Public Notice System and by contacting Alexis Newman at (907) 465-6059 or alexis.newman@alaska.gov. After the public comment period ends, the Department of Labor and Workforce Development and the Workers’ Compensation Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
• As required by AS 44.62.245, the Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board give notice that the following amended versions of material adopted by reference in 8 AAC 45.083, under authority of AS 23.30.098, and dealing with fees for medical treatment and services, is in effect: International Classification of Diseases, 2019 edition, valid October 1, 2018 through September 30, 2019, published by the American Medical Association. A copy of the above material is available for public review at Department of Labor and Workforce Development, Division of Workers’ Compensation at 1111 W 8th St., Suite 305 Juneau, Alaska 99811. The effective date for the amended versions of the material described above is October 1, 2018. For more information, please contact Marie Marx, Department of Labor and Workforce Development, Division of Workers’ Compensation at 1111 W 8th St., Suite 305 Juneau, Alaska 99811, (907) 465-2790.

FEE SCHEDULE NEWS:

• Alaska Workers’ Compensation Division has published an updated Medical Fee Schedule manual and adopted new conversion factors effective January, 1, 2019.

REGULATORY ACTIVITY:

• NOTICE OF PUBLIC MEETING:  The Alaska Workers' Compensation Board will conduct a full board meeting, October 4-5, 2018. This meeting is open to the public and will begin at 9:00am. The meeting will be held at the following location: Department of Labor Building; 3301 Eagle Street; Hearing Room 208; Anchorage, Alaska. The agenda consists of the regular business of the Workers' Compensation Board and Division, consisting of, but not limited to discussion of issues pertaining to the Alaska Workers’ Compensation Act, and approval of potential changes to regulations.  The Board will also conduct other business as necessary and useful. A copy of the proposed agenda is attached.  Public comment will be taken in person or telephonically from 10:15AM to 11:15AM on October 4, 2018 and might be extended to accommodate those present before 10:15AM who did not have an opportunity to comment.  To view the notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=191145.

LEGISLATIVE ACTIONS:

• House Bill 79

An act relating to workers' compensation; repealing the second injury fund upon satisfaction of claims; relating to service fees and civil penalties for the workers' safety programs and the workers' compensation program; relating to the liability of specified officers and members of specified business entities for payment of workers' compensation benefits and civil penalties; relating to civil penalties for underinsuring or failing to insure or provide security for workers' compensation liability; relating to preauthorization and timely payment for medical treatment and services provided to injured employees; relating to incorporation of reference materials in workers' compensation regulations; relating to proceedings before the Workers' Compensation Board; providing for methods of payment for workers' compensation benefits; relating to the workers' compensation benefits guaranty fund authority to claim a lien; excluding independent contractors from workers' compensation coverage; establishing the circumstances under which certain nonemployee executive corporate officers and members of limited liability companies may obtain workers' compensation coverage; relating to the duties of injured employees to report income or work; relating to misclassification of employees and deceptive leasing; defining 'employee'; relating to the Workers' Compensation Board's approval of attorney fees in a settlement agreement; and providing for an effective date.. Effective Date August 27,2018.

REGULATORY ACTIVITY:

• The Alaska Department of Labor and Workforce Development and the Alaska Workers’ Compensation Board propose to adopt regulation changes in Title 8 of the Alaska Administrative Code, dealing with fees for medical treatment and services, including the following: (1) 8 AAC 45.083 is proposed to be changed as follows: amend to update and clarify the medical fee schedule for treatment and services provided to injured workers. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK 99811-5512. Additionally, the Department of Labor and Workforce Development, Division of Workers’ Compensation will accept comments by facsimile at (907) 465-2797 and by electronic mail at workerscompregs@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00 p.m. on September 24, 2018. Oral comments may be submitted at a hearing to be held on October 4, 2018, in Room 208, 3301 Eagle St., Anchorage, Alaska 99503. Public comment will be heard from 10:15am to 11:15am and might be extended to accommodate those present before 10:15am who did not have an opportunity to comment. You may submit written questions relevant to the proposed action to the Department of Labor and Workforce Development, Division of Workers’ Compensation at P.O. Box 115512, Juneau, AK 99811-5512 or by electronic mail at workerscompregs@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Labor and Workforce Development, Division of Workers’ Compensation will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the Division of Workers’ Compensation’s website. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alexis Newman at (907) 465-6059 or alexis.newman@alaska.gov no later than September 20, 2018 to ensure that any necessary accommodations can be provided. A copy of the proposed regulation changes and the material proposed for adoption by reference is available on the Alaska Online Public Notice System and by contacting Alexis Newman at (907) 465-6059 or newman@alaska.gov. After the public comment period ends, the Department of Labor and Workforce Development and the Workers’ Compensation Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 23.30.005; AS 23.30.097; AS 23.30.098; Statutes being implemented, interpreted, or made specific: AS 23.30.097; AS 23.30.098.  To view the notice, go to https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=191143.

LEGISLATIVE ACTIONS:

• House Bill 126
• The enacted legislation extends workers' compensation protection to Alaska State Defense Force Soldiers during and traveling to and from training exercises. Effective Date November 11, 2018.

REGULATORY ACTIVITY:

• The State of Alaska Department of Labor and Workforce Development Workers' Compensation Board has scheduled a meeting on May 3-4, 2018.
• The State of Alaska Department of Labor and Workforce Development, Workers' Compensation Division, Medical Services Review Committee will meet June 15, 2018 and July 13 & 27, 2018.