REGULATORY ACTIVITY:

• Has published documentation regarding the drug formulary rule that will become effective July 1, 2018.  The documentation published is a copy of the final rule, bullet points and frequently asked questions and answers regarding the rule.  To view the rule and related documents, go to http://www.awcc.state.ar.us/drugformulary.html.

REGULATORY ACTIVITY:

• On November 8, 2017, the Commission posted the following notice.  On May 23, 2017, a public hearing was held regarding Proposed Rule 099.41, Arkansas Workers’ Compensation Drug Formulary. Oral and written comments were received during the hearing. After the public comment period, revisions were made to the proposed rule. The revised rule as modified may be viewed in its entirety at  http://www.awcc.state.ar.us/proposed/rule099_41_revised_draft_clean.pdf.   Also provided is a copy of the original version of the proposed rule with the revised changes.  It can be viewed at http://www.awcc.state.ar.us/proposed/rule099_41_revised_draft_11_06_17.pdf.
• Notice: The September 1, 2017, implementation of Rule 099.41, Arkansas Workers’ Compensation Drug Formulary, has been extended to July 1, 2018, pending Legislative Review.

REGULATORY ACTIVITY:

• The September 1, 2017, implementation of Rule 099.41, Arkansas Workers’ Compensation Drug Formulary, has been extended to January 1, 2018, pending Legislative Review.

LEGISLATIVE ACTIONS:

• Senate Bill 760
  The enacted legislation clarifies the statute regarding final settlements of workers’ compensation claims involving joint petitions under the workers’ compensation law that resulted from initiated measure 1948, No. 4 and for other settlement purposes.  Effective Date: July 3, 2017.

LEGISLATIVE ACTIONS:

• House Bill 1179
  The law increases death benefits for police officers of the State Police Commission who die in the line of duty from $25,000.00 to $50,000.00 for the surviving spouse. If not surviving spouse, the amount will be equally divided among surviving children. The increase in benefits will be for police officers who died in the line of duty on or after July 1, 2017.  Effective Date: July 3, 2017.

• House Bill 1180
  The enacted legislation establishes that when a law or rule requires the signature, certification, stamp, verification, affidavit, or endorsement by a physician the requirement may be fulfilled by an advanced practice registered nurse or physician assistant including workers’ compensation forms. It also authorizes for forms relating to absenteeism for employment and authorizations for durable medical equipment.  The law does not expand the scope of practice of either advanced practice registered nurse or physician assistants. Effective Date: July 3, 2017.

• House Bill 1262
  The law is administrative in nature in that it removes the Department of Labor from the Voluntary Program for Drug-Free Workplaces administered by the Workers’ Compensation Commission. Effective Date; July 3, 2017.

• House Bill 1436
  This law makes amendments to the Arkansas Medical Marijuana Amendment of 2016 regarding licenses for dispensaries and cultivation facilities. Effective Date: July 3, 2017.
• House Bill 1476
  The enacted legislation revised provisions related to the formation and operation of captive insurance companies. The statute introduces the term “Incorporated protected cell” into the statue.  Incorporated protected cell means protected cell that is established as a corporation or other legal entity separate from the sponsored captive insurance company or producer reinsurance captive company. The enacted law also removes some of the restrictions regarding what laws a captive insurance company can be formed. The statue also enacts other administrative and regulatory amendments.  Effective Date: July 3, 2017.
• Senate Bill 146
  The enacted legislation repeals Arkansas Code Section 17-80-118 and replaces it with a new Telemedicine Act. The new act defines telemedicine. The law it sets forth definitions; appropriate use of telemedicine; compliance and penalties; liability for noncompliance; authorizes rules regarding telemedicine; sets forth proper practitioner-patient relationships; which insurances are covered and establishes an effective date.  Effective Date: July 3, 2017.

• Senate Bill 247
  This law is known as the State Insurance Department General Omnibus Bill. The bill contains substantial changes to the insurance laws of Arkansas.  The bill impacts the Arkansas prepaid funeral benefits law; concerning disclosure of nonpublic personal information by the insurance commissioner; concerning the policyholder's bill of rights; concerning the disclosure of an examination report by the insurance commissioner; concerning immunity from prosecution in proceedings of the state insurance department; concerning annual statements filed with the insurance commissioner; concerning the application and licensing requirements of captive insurers; to revise the qualifications for holding an insurance adjuster's license; concerning licensure under the Arkansas health insurance marketplace navigator, guide, and certified application counselors act; concerning immunity from prosecution in proceedings of the state insurance department; to clarify the procedure for mandatory reporting of fraudulent insurance acts; to repeal the compilation of comparison data for private passenger automobile, homeowners multi-peril, and dwelling fire insurance policies; to repeal the annual report regarding personal insurance; concerning the applicability of the Arkansas insurance code to health maintenance organizations; to revise the definition of "covered claim" under the Arkansas property and casualty insurance guaranty act; concerning the risk retention and purchasing groups act; to clarify the annual payment date for an insurer's antifraud assessment; and for other purposes. Effective Date: July 3, 2017.

FEE SCHEDULE NEWS:

• The state adopted new CPT codes and descriptions and the 2017 National Physician Fee Schedule Relative Value file effective January 1, 2017.
• A new update is expected for January 1, 2018.

FEE SCHEDULE NEWS:

• A new update was expected for January 1, 2017 however, the state has not yet released any new information on a new schedule.

FEE SCHEDULE NEWS:

• The state adopted new 2016 CPT codes and descriptions and the 2016 National Physician Fee Schedule Relative Value file effective January 1, 2016.
• The next update is scheduled for January 1, 2017.

REGULATORY ACTIVITY:

• A catastrophic injury or death results in the loss of at least one-third of the worker’s average weekly wage.  This often leaves little or no money to assist the children of the worker in furthering their education beyond high school.  Kids’ Chance of Arkansas has joined with Kids’ Chance of America and other similar states organizations to increase awareness of this dilemma.   Kids’ Chance of Arkansas was fortunate to receive a Governor’s Proclamation declaring November 14 to 18, 2016, Kids’ Chance Awareness Week.
• The state has announced dates for their annual education conference for 2017.  The 2017 AWCC Education Conference will be held on October 18-19, 2017 in Little Rock at the Marriott Conference Center.

LEGISLATIVE ACTIONS:

• House Bill 1010
  The enacted legislation eliminates the Arkansas Workers’ Compensation Death and Permanent total Disability Trust fund.  No additional claims can be fined against the claim beyond June 30, 2019.  Effective Date August 23, 2016.