LEGISLATIVE ACTIONS:

• Senate Bill 202

The enacted legislation ensures that the spouses of those killed in the line of duty are able to receive benefits for the remainder of their lives regardless of future marital status. When a surviving spouse remarries, the surviving spouse's benefit is reduced to 90% of the original benefit for the first 10 years after the remarrying and must be reduced to 75% of the original benefit thereafter until the death of the surviving spouse. Spouses of fallen first responders should not be forced to make decisions to carry on with their lives based on financial considerations. Effective Date June 27, 2018.

REGULATORY ACTIVITY:

• Published the 20th Annual Report on the Status of Workers' Compensation Case Management.  To view the report, go to https://dia.delawareworks.com/workers-comp/

FEE SCHEDULE NEWS:

• The state has adopted their new medical and facility fee schedule with an effective date of January 31, 2018. The next update is scheduled for January 31, 2019.

FEE SCHEDULE NEWS:

• The state has posted an update for Prosthetic procedures (L5000 – L9900) reimbursement effective November 20, 2017.

REGULATORY ACTIVITY:

• The Department of Labor posted notice in the July Register regarding proposed amendments to its administrative code 1326 regarding workplace fraud.  The Department solicits, and will consider, timely filed written comments from interested individuals and groups concerning these proposed amended regulations. The deadline for the filing of such written comments will be thirty (30) days after these proposed amended regulations are promulgated in the Delaware Register of Regulations, or by August 7, 2017. Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing or calling Mr. Anthony DeLuca, Department of Labor, Administrator of the Office of Labor Law Enforcement, Delaware Department of Labor, 4425 North Market Street, Wilmington Delaware 19802, telephone number 302-761-8317. Members of the public may present written comments on the proposed regulation by submitting such written comments to Mr. DeLuca at the address of the Delaware Department of Labor as set forth above. Written comments must be received on or before August 7, 2017. The proposed regulations were to be considered at a public hearing scheduled for Friday, July 21, 2017 from 5:30 p.m. to 7 p.m. in the Department of Labor offices at Blue Hen Corporate Center, 655 S. Bay Road, Suite 2H, Dover, Delaware 19901. Copies of the proposed amended regulations may be obtained from the Division of Industrial Affairs (see address above).

REGULATORY ACTIVITY:

• Delaware has published their medical guidelines and fee schedule.  The medical guidelines and fee schedule were effective January 31, 2017.
• Delaware has published the 19th Annual Report on the Status of Workers' Compensation Case Management.

FEE SCHEDULE NEWS:

• The state has adopted their new medical and facility fee schedule with an effective date of January 31, 2017. The next update is scheduled for January 31, 2018.

FEE SCHEDULE NEWS:

• The state has adopted their new medical and facility fee schedule with an effective date of January 31, 2016. The state has adopted a 7% reduction below the current fee schedule (1/31/2015) to be applied to every health care code and service other than anesthesia.  For the anesthesia services, the state has adopted a reduction of 27% for all applicable codes to bring those codes in line with the other reductions.  The next update is scheduled for January 31, 2017.

REGULATORY ACTIVITY:

• The update to the Healthcare Provider Certification course has been completed. The course can now be accessed. Any provider whose certification expired during the period that the course was inaccessible due to the update process now has until November 19, 2016 to complete the course. After that date, those providers whose certification expired earlier this year who have not completed the certification course will be listed as no longer being a workers’ compensation certified healthcare provider.

LEGISLATIVE ACTIONS:

• Senate Bill 116
  This bill (i) clarifies that various provisions of Chapter 17 relating to licensing, examinations, monitoring and regulation of producers apply equally to adjusters and appraisers; (ii) adds the lines of crop insurance and workers’ compensation insurance to the lines of authority that may be transacted by adjusters; (iii) requires the automatic lapse of a license by operation of law for (a) failure to pay renewal fees or complete the education requirements set forth in Chapter 17 or (b) a nonresident licensee whose home state license is no longer in good standing; (iv) requires licensees to provide to the Department electronic email addresses for communications with the Department; (v) adds a provision that applicants who are denied a license pursuant to Section 1712 are not eligible to reapply for a license for a period of 12 months following the final denial; (vi) adds additional violations under Section 1712 that may result in actions against the licensee (providing false documentation to the Department and failing to promptly respond to Department inquiries); (vii) requires non-resident adjusters whose home states do not have continuing education requirements to complete the State’s continuing education requirements; and (viii) adds a provision regarding when the payment of a referral fee is permissible.  Effective Date April 20, 2016.