REGULATORY ACTIVITY:

• Posted notice that rule 69L-31.002-.014 as published in the November 6, 2018 issue of the Florida Administrative Register has been withdrawn.  To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-31.002.

REGULATORY ACTIVITY:

• Florida has withdrawn rule 69L-7.020 Florida Workers' Compensation Health Care Provider Reimbursement Manual and 69L-7.100 Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers. The Division withdrew the proposed rules on January 29, 2019.  To view a copy of the withdrawal notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-7.020.
• The Florida Department of Financial Services, Division of Workers' Compensation announced a public meeting of the Three-Member Panel that was to be held on Monday, February 18, 2019, beginning at 1:00 p.m. in room 116 of the J. Edwin Larson Building located at 200 East Gaines Street, Tallahassee, Florida. This public meeting was convened to facilitate the Panel's consideration of the following items:
• The Three-Member Panel 2019 Biennial Report
• Rulemaking status update for the 2018 editions of the Reimbursement Manuals
• The Division's Annual Report on the resolution of health care provider medical reimbursement disputes and activities (2018) conducted pursuant to s. 440.13(8), F.S.

REGULATORY ACTIVITY:

• Posted a notice of correction in the November 29, 2018 register. Notice is hereby given that the following correction has been made to the proposed rule in Vol. 44 No. 217, November 6, 2018 issue of the Florida Administrative Register. The correction has been made to update the Notice with statutorily required information. Summary of statement of estimated regulatory costs and legislative ratification is deleted in full and is replaced by the following: The Agency has determined that Rule 69L-7.020, F.A.C. will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency. The Agency has determined that the proposed Rule 69L-7.020, F.A.C. is expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted a SERC analysis of the proposed rule utilizing a cost analysis of estimated regulatory costs prepared by the National Council on Compensation Insurance, Inc. (NCCI). NCCI’s cost analysis of proposed Rule 69L-7.020, F.A.C., indicates that the proposed rule will result in an estimated overall increase in Florida workers’ compensation system costs of 0.1% (+$4M). The Agency has determined that Rule 69L-7.100, F.A.C. will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency. The Agency has also determined that the proposed Rule 69L-7.100, F.A.C. is expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted a SERC analysis of the proposed rule utilizing a cost analysis of estimated regulatory costs prepared by NCCI. NCCI’s cost analysis of proposed Rule 69L-7.100, F.A.C., indicates that the proposed rule will result in an estimated overall increase in Florida workers’ compensation system costs of 1.5% (+$66M).  To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-7.020.
• 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 $939.41 for the four calendar quarters ending June 30, 2018. Section 440.12(2), Florida Statutes (2018), 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, 2019, shall be $939.00. To view the bulletin, go to https://www.myfloridacfo.com/Division/WC/bulletins.htm.

REGULATORY ACTIVITY:

• A public meeting was held on Tuesday November 27, 2018 at 9:00 a.m. in Room 102 of the Hartman Building, 2012 Capital Circle SE, Tallahassee, Florida.  The purpose of the hearing was to allow comments for a new rule that is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience.  To view the notice, go to https://www.myfloridacfo.com/Division/WC/noticesRules.htm.  To view a copy of the proposed rule, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-3.009.
• Notice of Change/Withdrawal: Department of Financial Services; Division of Workers' Compensation Rule number: Rule Title: 69L-3.009: Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience: NOTICE OF CORRECTION: Notice is hereby given that the following correction has been made to the proposed rule in Vol. 44 No. 210, October 26, 2018 issue of the Florida Administrative Register. The correction has been made to include language that was omitted regarding legislative ratification of the rule, the appropriate Rulemaking Authority, and the scheduled date, time, and location of the hearing, to be held if requested within 21 days of publication of the Notice.
• Published notice in the state register regarding changes being made to the Florida Workers' Compensation Reimbursement Manual for Hospitals. The purpose of the changes being made to Rule 69L-7.501, F.A.C., is to incorporate the 2018 version of the Florida Workers’ Compensation Reimbursement Manual for Hospitals. This manual contain the updated list of Maximum Reimbursement Allowances for various medical services, pursuant to section 440.13(12)(a), Florida Statutes. To view a copy of the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-7.501
• Posted notice in the state register regarding proposed rule amendments that are intended to incorporate the 2018 editions of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers and the Florida Workers’ Compensation Health Care Provider Reimbursement Manual. The manuals contain the updated lists of Maximum Reimbursable Allowances for various medical services. The proposed rule amendments adopt and incorporate by reference the 2018 edition of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers and adopt and incorporate by reference the 2018 edition of the Florida Workers’ Compensation Health Care Provider Reimbursement Manual.  To view a copy of the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-7.020.
• Posted notice of proposed rule which amends rules governing the process for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers, creates a rule, and repeals five rules. The major changes proposed include: adding a rule for defined terms; simplifying requirements for submission of reimbursement disputes; repealing rules related to consolidation of petitions, joint stipulations, and non-response by a carrier; and adopting revised forms. To view the notice and proposed rule, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-31.002..
• Notice is hereby given that the following correction has been made to the proposed rule in Vol. 44 No. 217, November 6, 2018 issue of the Florida Administrative Register. The correction has been made to include language that was omitted: The Division of Workers’ Compensation conducted an economic analysis of the proposed rules’ potential impact and determined that both rules therefore require legislative ratification pursuant to section 120.541(3), F.S.

REGULATORY ACTIVITY:

• Posted the following notice to amend 69L-5.217: “Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 166, August 24, 2018 issue of the Florida Administrative Register. These changes are being made to address written comments received within 21 days after publication of the notice of hearing and to provide clarification when calculating the civil penalties and fines by deleting outdated application of the rule text.  To view the notice, go to https://www.flrules.org/gateway/View_Notice.asp?id=20855599.”
• Florida posted notice of a rule workshop regarding new rule 69L-3.009, Florida Administrative Code to be held on Thursday, October 4, 2018, 9:00 a.m. (eastern) in Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL. A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience.  To view the notice and proposed rule, go to https://www.flrules.org/gateway/View_Notice.asp?id=20904972.

REGULATORY ACTIVITY:

• DEPARTMENT OF FINANCIAL SERVICES: Division of Workers’ Compensation; RULE NOS.: RULE TITLES: 69L-7.020 Florida Workers' Compensation Health Care Provider Reimbursement Manual; 69L-7.100; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ascs). PURPOSE AND EFFECT: The proposed rule amendment is intended to incorporate the 2018 versions of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers and the Florida Workers’ Compensation Health Care Provider Reimbursement Manual. The manuals contain the updated lists of Maximum Reimbursable Allowances for various medical services. SUBJECT AREA TO BE ADDRESSED: Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ascs), 2018 Edition. RULEMAKING AUTHORITY: 13(4), (13), (13)(b); 440.591, FS.  LAW IMPLEMENTED: 440.13(7), (12), (13), (13)(b), FS. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: August 24, 2018, from 9:30 AM – 12:00 PM. PLACE: Hartman Building, Room 102, 2012 Capital Circle SE, Tallahassee, FL 32301.  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). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Theresa Pugh, Program Administrator, address: Medical Services Section, Division of Workers’ Compensation, 200 East Gaines Street, Tallahassee, FL 32399, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.  To view a copy of the notice, go to https://www.flrules.org/gateway/ruleno.asp?Id=69L-7.020.
• Posted notice of proposed amendments to 69L-5.217 Civil Penalties and Fines. The proposed rule amendment is intended to reduce the penalty structure for self-insured employers for failing to timely file forms, reports, or documents as required by section 440.38(2)(b), F.S. The proposed changes reflect changes to the penalty structure for self-insured employers. The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule is being amended to reflect statutory changes and to remedy technical issues.  Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.  Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. To view the notice, go to https://www.flrules.org/gateway/View_Notice.asp?id=20823007.  To view the current rule, go to https://www.flrules.org/gateway/RuleNo.asp?id=69L-5.217.

REGULATORY ACTIVITY:

• Florida has posted a notice of withdrawal for Rule No.: 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, 69L-31.016, 69L-31.017 Rule Titles: Petition Form, Carrier Response Form, Petition Requirements, Consolidation of Petitions, Service of Petition on Carrier and Affected Parties, Computation of Time, Carrier Response Requirements, Effect of Non-Response by Carrier, Complete Record, Joint Stipulation of the Parties, Petition Withdrawal, Overutilization Issues Raised in Reimbursement Dispute Resolution, Reimbursement Disputes Involving a Contract or Workers' Compensation Managed Care Arrangement, Carrier and Health Care Provider Non-compliance.  To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-31.003.
• A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience. A rule development workshop will be held on Thursday, August 2, 2018 at 9:00 a.m. at the Hartman Building, Room 102, 2012 Capital Circle SE, Tallahassee, FL 32399.  To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-3.009.
• Posted notice of proposed rulemaking: The proposed rulemaking amends rules governing the process for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers, creates a rule, and repeals four rules. The major changes proposed include: adding a rule for defined terms; simplifying requirements for submission of reimbursement disputes; repealing rules related to joint stipulations and non-response by a carrier; and adopting revised forms. The proposed rulemaking adds definitions, simplifies requirements for submission of reimbursement disputes, repeals rules related to joint stipulations and non-response by a carrier, and adopts revised forms.  To view the proposed rule, go to https://www.flrules.org/gateway/View_Notice.asp?id=20694482.
• DEPARTMENT OF FINANCIAL SERVICES: Division of Workers’ Compensation; RULE NOS.: RULE TITLES: 69L-7.020 Florida Workers' Compensation Health Care Provider Reimbursement Manual; 69L-7.100; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ascs). PURPOSE AND EFFECT: The proposed rule amendment is intended to incorporate the 2018 versions of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers and the Florida Workers’ Compensation Health Care Provider Reimbursement Manual. The manuals contain the updated lists of Maximum Reimbursable Allowances for various medical services. SUBJECT AREA TO BE ADDRESSED: Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ascs), 2018 Edition. RULEMAKING AUTHORITY: 13(4), (13), (13)(b); 440.591, FS.  LAW IMPLEMENTED: 440.13(7), (12), (13), (13)(b), FS. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: August 24, 2018, from 9:30 AM – 12:00 PM. PLACE: Hartman Building, Room 102, 2012 Capital Circle SE, Tallahassee, FL 32301.  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). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Theresa Pugh, Program Administrator, address: Medical Services Section, Division of Workers’ Compensation, 200 East Gaines Street, Tallahassee, FL 32399, telephone: (850)413-1721, email: Theresa.Pugh@myfloridacfo.com. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.  To view a copy of the notice, go to https://www.flrules.org/gateway/ruleno.asp?Id=69L-7.020.

REGULATORY ACTIVITY:

• An order has been issued setting the assessment rate for the Special Disability Trust Fund and the Workers’ Compensation Administration Trust Fund for Calendar Year 2019.. The Department estimates the amount necessary for the administration of section 440.49(8), Florida Statutes, and the maintenance of the Special Disability Trust Fund for the calendar year 2019 is 0.42%. Beginning January 1, 2019, the assessment rate for the Special Disability Trust Fund is reduced from the 2018 calendar year rate of 0.91% to the 2019 calendar year rate of 0.42%.  The Department estimates the amounts necessary for the administration of chapter 440, Florida Statutes, based on the anticipated expenses of the administration of chapter 440 for calendar year 2019 is 0.90%.  To view a copy of the announcements, go to https://www.myfloridacfo.com/Division/WC/bulletins.htm.
• The Division of Workers' Compensation has received inquiries about the status of the 2017 editions of the three reimbursement manuals. A status of each reimbursement manual is provided below.

The Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2017 Edition was not ratified during the 2018 Florida Legislative Session and will not go in effect. Consequently, the 2016 edition remains in effect.

The Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2017 Edition was not ratified during the 2018 Florida Legislative Session and will not go in effect. Consequently, the 2015 edition remains in effect.

The Florida Workers' Compensation Reimbursement Manual for Hospitals, 2017 Edition was not ratified during the 2018 Florida Legislative Session and will not go in effect. Consequently, the 2014 edition remains in effect.

The reimbursement manuals can be found on the Division's website at https://myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Manuals/.

REGULATORY ACTIVITY:

• A proposed rule workshop regarding 69L-31 Florida Administrative Code was held on Wednesday, May 30, 2018 between the hours of 9:30 am - 12:00 pm EST in Room 105 of the Hartman Building, 2012 Capital Circle SE, Tallahassee, Florida.  The proposed rulemaking amends existing rules governing the process for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers, creates a new rule, and repeals four existing rules. The major changes proposed include adding a rule for defined terms, simplifying requirements for submission of reimbursement disputes, repealing rules related to non-response by a carrier and joint stipulations, and the adoption of revised forms.  To view a copy of the rule and related documentation, go to https://www.myfloridacfo.com/Division/WC/noticesRules.htm.

REGULATORY ACTIVITY:

• Posted notice to repeal Rule No 69D-2.004 Insurer Anti-Fraud Plans. The relevant provisions of Rule 69D-2.004, F.A.C., regarding insurer anti-fraud plans, were recently moved to Rule 69D-2.003, F.A.C. Rule 69D-2.004, F.A.C., is no longer necessary and is being repealed.  To view the posted notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=69D-2.004.
• Posted notice of development of rulemaking regarding rule number 64K-1.008 Electronic Health Recording System Integration.  The purpose and intent of the rule is to provide the process for approved entities to connect electronic health record keeping systems to the Prescription Drug Monitoring Program system. To view the notice, go to https://www.flrules.org/gateway/ruleNo.asp?id=64K-1.008.
• Proposed amendments to rule 69L-6.025 Conditional Release of Stop-Work Order and Periodic Payment Agreement. The proposed amendment to paragraph 69L-6.025(4)(b), F.A.C., will allow employers an additional opportunity to remain compliant with their payment agreement schedules by increasing the number of times the Department will rescind an Order Reinstating Stop-Work Order from two to three in any one case. The proposed amendment to subsection 69L-6.025(7), F.A.C., will allow employers who have made at least three-monthly payments of the agreed amount to enter into a new payment agreement in lieu of making six monthly payments. Reducing the number of payments required from six to three will shorten the timeframe for entering into a new payment agreement. The proposed amendment also clarifies that these payments must be based on the employer’s current payment agreement schedule. The proposed amendment to subsection 69L-6.025(8), F.A.C., further clarifies that the Department will only enter into one payment agreement for the recently served penalty. This verifies that the employer can only have one payment agreement and it must be based on the last served penalty. The proposed amendment to subsection 69L-6.025(10), F.A.C., will require employers who have been issued a Stop-Work Order or Order of Penalty Assessment to provide address changes to the Department. To view the proposed rule, go to https://www.flrules.org/gateway/ruleNo.asp?id=69L-6.025.
• A public meeting for proposed rule 69L-6.025 is scheduled on May 17, 2018 EST in room 102 Hartman Building, 2012 Capital Circle, Tallahassee, Florida.