REGULATORY ACTIVITY:

• The New Mexico Workers’ Compensation Administration is pleased to announce the release of its 2019 Annual Report, now available on the website (https://workerscomp.nm.gov/NMWCA-Publications).
• Issued the proposed 2020 medical fee schedule for comment. To view the proposed fee schedule, go to https://workerscomp.nm.gov/Healthcare-Providers.

REGULATORY ACTIVITY:

The Summer 2019 issue of the NM WCA’s Quarterly Bulletin is now available at https://workerscomp.nm.gov/NMWCA-Publications.

LEGISLATIVE ACTIONS:

• House Bill 539

Relating to licensing; amending, repealing and enacting sections of the social work practice act to clarify licensure requirements and allow for telesupervision and telehealth; clarifying conflict of interest for board members; providing for electronic examinations. Effective Date June 14, 2019.

FEE SCHEDULE NEWS:

• The New Mexico Gross Tax Receipts effective for the period of July 1, 2019 through December 31, 2019 have been published. A new update is expected January 1, 2020.

REGULATORY ACTIVITY:

The NM WCA has published a NEW guide for health care providers who are new to the workers’ compensation system or who might be interested in becoming a provider for injured workers. Please help us to circulate this guide to the medical community. And, as always, we welcome your feedback on this on all of our publications. Access the HCP guide electronically: https://workerscomp.nm.gov/sites/default/files/documents/publications/HCP_Guide.pdf

REGULATORY ACTIVITY:

• The Spring 2019 issue of the NM WCA’s Quarterly Bulletin is now posted and available on the state’s website: https://workerscomp.nm.gov/NMWCA-Publications. In this issue, we honor National Worker Memorial Day by writing about some of the state’s workers who suffered fatal workplace accidents in 2018. You’ll also read about some of the latest stats on the Uninsured Employer Fund.
• Acting Director Verily A. Jones is considering the reappointment of Judge Leonard Padilla to a second five-year term pursuant to NMSA 1978 52-5-2 (2004). Judge Padilla's term expires on August 31, 2019. Anyone wishing to submit written comments concerning Judge Padilla's performance may do so until 5 p.m. on Monday, June 3, 2019. All written comments submitted per this notice shall remain confidential. Comments may be addressed to WCA Acting Director Verily A. Jones, P.O. Box 27198, Albuquerque, NM 87125-7198 or faxed to (505) 841-6813.
• The next Advisory Council meeting is scheduled for Thursday, June 20 at 1:30 p.m. at the main office, 2410 Centre SE, Albuquerque. The proposed agenda will be posted no later than 72 hours prior to the meeting.
• Written public comment on any health care provider being considered for inclusion or continuation on the list of authorized IME providers will be accepted until May 31, 2019. To provide written public comment, contact the WCA's Medical Cost Containment Bureau, P.O. Box 27198, Albuquerque, NM 87125-7198, phone (505) 841-6811, fax (505) 841-6078.
• The NM Workers’ Comp Administration’s Medical Cost Containment Bureau now has a direct email address, to which all correspondence, including medical billing disputes, requests for case management and/or utilization review, and inquiries on the providers’ fee schedule/billing instructions should be sent. Please send all such correspondence to WCA-MCC@state.nm.us.

REGULATORY ACTIVITY:

• The next Advisory Council meeting is scheduled for Thursday, June 20 at 1:30 p.m. at the main office, 2410 Centre SE, Albuquerque.

LEGISLATIVE ACTIONS:

• House Bill 324

The enacted legislation provides a presumption for posttraumatic stress disorder diagnosed by a physician or psychologist that results in physical impairment, primary or secondary mental impairment or death for purposes of workers’ compensation claims. This added condition to presumption is for firefighters.   Effective Date June 14, 2019.

• House Bill 539

The enacted legislation is not specific workers’ compensation legislation but is general legislation affecting the licensing of social workers.  The legislation clarifies licensure requirements and allows for telesupervision  and telehealth.  The act also allows for electronic examinations.  Effective Date June 14, 2019.

REGULATORY ACTIVITY:

• The New Mexico Department of Finance Administration (NM DFA) has updated mileage reimbursement rates, effective Jan. 1, 2019. Until further notice, the mileage reimbursement rate is $0.44 for medical treatment when an injured worker travels 15 or more miles (one way) for receive treatment.

https://workerscomp.nm.gov/sites/default/files/documents/publications/mileage_reimbursement_rates.pdf

• Reference to NM DFA rates for mileage reimbursement can be found in WCA rules, under Part 3, “Payment of Claims, Post-Accident Drug and Alcohol Testing, and Conduct of Parties” (Effective 6/30/16). https://workerscomp.nm.gov/WCA-Rules-and-Statutes
• Annual Expenditure Reports (AER) for 2018 data were due by February 15, 2019.
• The Winter 2019 issue of the NM WCA’s Quarterly Bulletin is now published on the state’s website, and can be found here: https://workerscomp.nm.gov/NMWCA-Publications In this issue, read about the one-year mark of the WCA’s Electronic Case Filing; agency staff helping prepare young students for legal careers by serving as advisors in the statewide Gene Franchini Mock Trial Competition, and much more.

REGULATORY ACTIVITY:

• There is a new general deliver email address set up specifically for inquiries and claims to be filed with the New Mexico Uninsured Employer Fund, or “UEF.”  Please send all correspondence regarding pending or future claims to: WCA-UEF@state.nm.us.

FEE SCHEDULE NEWS:

• The state has adopted new hospital and healthcare provider fee schedules effective January 1, 2019. The next expected update is in January 2020.
• The Gross Tax Receipts schedule has been updated for the period of January 1 through June 30^th .  The next expected update is in July 2019.

REGULATORY ACTIVITY:

• Albuquerque, N.M. December 17, 2018 – New Mexico Workers’ Compensation Administration (WCA) Director Darin A. Childers has stepped down from his post and is returning to the private practice of law in Albuquerque. His resignation is effective today. Childers served as WCA Director for five years, officially taking the leadership role on Dec. 2, 2013. He began his service with the agency as General Counsel in June 2011. Until New Mexico Governor-elect Michelle Lujan Grisham appoints a replacement, current Executive Deputy Director Verily Jones will serve as acting director.

REGULATORY ACTIVITY:

• The WCA did NOT host its weekly "Lump Sum Tuesday" on November 20, 2018, because of the short week for the Thanksgiving holiday. Business was resumed on Monday, November 26 at 8 a.m. at all locations.
• The Advisory Council on Workers’ Compensation and Occupational Disease Disablement exists to review and monitor the workers’ compensation system in New Mexico and to report every year to the Governor and Legislature. The Advisory Council may make recommendations about the law. The Advisory Council holds public meetings, several times a year. Most meetings are in Albuquerque. Anyone may attend. At meetings, the Council learns from the public about issues affecting the workers’ compensation system and discusses policy recommendations.  The Council is interested in different points of view about the workers’ compensation system. Anyone who wishes to speak to the Council may contact the Council’s staff assistant at 505-841-6052. Meetings are planned in advance and the agenda for each meeting depends on the time available. If you are a person with a disability who needs a special accommodation, please notify the staff.  The Council’s role is advisory. The Council or its individual members cannot make rulings or recommendations on individual cases. However, the Council as a whole does have explicit authority to appoint members to the panel of professionals who select Independent Medical Examiners. The Council can also give its endorsement of proposed workers’ compensation legislation.
• MEETINGS:  The proposed agenda for the meetings will be posted on the WCA website no later than 72 hours prior to the meeting. The website address is: https://workerscomp.nm.gov/Advisory-Council.  For more information, please contact Diana Sandoval-Tapia, 505-841-6052 / Diana.Sandoval@state.nm.us.

REGULATORY ACTIVITY:

• Insurers are required to file an annual expenditure report with the WCA's Economic Research & Policy Bureau no later than February 15 of the year following the reporting period. The report must be submitted through the AER link and must identify the carrier(s), groups, pools or self-insured employer(s) by the name and the federal employers identification number (FEIN). All expenditures reported are for the calendar year (January 1 - December 31). Failure to timely file may be penalized (Rule 11.4.2.8 D).
• Posted the draft of the 2019 Medical Fee Schedule.  Written comments on the draft fee schedule may be submitted until the close of business on November 16, 2018, by email to Jeppson@state.nm.us; by fax to 505-841-6813; or by U.S. mail to Jared Jeppson, WCA General Counsel, PO Box 27198, Albuquerque, NM 87125-7198. The Director will take all comments into consideration. To view the notice, go to https://workerscomp.nm.gov/index.php/Communications.