REGULATORY ACTIVITY:

• The EDI Claims Release 3.1 face-to-face training provides a great opportunity for jurisdictions and industry participants to learn about the newest release of the IAIABC Claims Standard. Join us for this in-depth training June 10 (1:00 pm - 5:00 pm) through June 11 (8:00 am - 5:00 pm).The EDI Claims Release 3.1 training will be held in Murfreesboro, Tennessee (SE Nashville) at the Embassy Suites and will include discussion of enhancements and new features of 3.1; Data Elements and Processing rules; data sequencing rules; and much, much more. Breakout sessions for industry, jurisdictional, and technical participants will be held to offer information specific to each group. Registration is $325 for IAIABC members and $475 for non-members.

REGULATORY ACTIVITY:

• Abbie Hudgens, Administrator for the Tennessee Bureau of Workers’ Compensation, announced that the Rules of the Tennessee Department of Labor and Workforce Development, Bureau of Workers' Compensation will no longer be construed to limit the amounts that air ambulance service providers can recover.  This change is due to adverse court rulings in other states that involve similar provisions as well as the current state of federal law.  As a result of the Bureau’s revised interpretation, air ambulance service providers will no longer be limited by the rules’ fee schedules.  Effective Date April 1, 2019.
• The Tennessee Workers' Compensation Educational Conference is now open.  The 22nd conference will be held in Murfreesboro, TN on June 12-14.  For additional information, go to https://www.tn.gov/workforce/injuries-at-work/bwc-newsroom/2019/4/4/educational-conference-registration-is-now-open.html.  To register, go to https://www.tn.gov/workers-comp-conference.

REGULATORY ACTIVITY:

• The Tennessee Bureau of Workers' Compensation (TNBWC) will soon be transitioning from the IAIABC EDI Claims Release 1 standard to the IAIBC EDI Claims Release 3.1 standard for electronic reporting of workers' compensation First Reports of Injury (FROI) and Subsequent Reports of Injury (SROI). The mandatory implementation is planned for September 2020, through the exact date will be announced later. Additional information on the IAIABC EDI R3.1 transactions for FROI and SROI can be found online at IAIABC website. http://www.iaiabc.org. Electronic reporting using IAIABC Claims Release 3.1 will be required for all trading partners: insurers, self-insured employers and claim administrators. The TNBWC has contracted with ISO's Workers’ Compensation Standards Division, to manage their FROI and SROI EDI reporting. ISO will also be administering the registration of trading partners, testing, data collection and submission of EDI data to the TNBWC. TNBWC will provide an enhanced EDI Website that is currently planned for June 2019.  For additional information, go to https://www.tn.gov/workforce/injuries-at-work/bwc-newsroom/2019/1/24/edi-claims-release-3-1-information-update.html.

REGULATORY ACTIVITY:

• A public rule-making hearing will be held regarding the amended rules for the Medical Fee Schedule. The hearing will be held at 220 French Landing Drive, Nashville in the TOSHA Hearing Room on January 17, 2019.  To view the amended rules, go to https://www.tn.gov/workforce/injuries-at-work/bwc-newsroom/2018/12/19/rule-making-hearing-for-medical-fee-schedule.html.

REGULATORY ACTIVITY:

• The renewal process for Nurse Case Managers will soon open. Information about the renewal process can be found at https://www.tn.gov/content/dam/tn/workforce/documents/injuries/CaseManagerRenewalNotice.pdf.
• The Bureau of Workers’ Compensation will once again offer its highly successful Adjuster Certification Training in each Grand Division of the State in 2019. Due to the overwhelming response to the 2018 sessions, the number of offerings will increase by 50%.  The tentative dates and locales for the 2-day training events being offered in 2019 are as follows:
  • • Nashville: • February 26th and 27th • April 30th and May 1st • August 20th and 21st
    • Sevierville: • June 4th and 5th • October 8th and 9th
    • Memphis: • November 5th and 6th

 Registration for the individual training sessions will open approximately 45-60 days before each session.  Those interested in attending are encouraged to register promptly, as 2018 sessions filled within 24 hours of their opening. Specific locations within these cities will be announced when registration opens.   Information about Tennessee’s Adjuster Certification Program, including the Rules that govern the program and the Registry of Certified Adjusters, is available on the Bureau’s website.  For additional information, please contact Bureau Assistant Administrator, Jeff Francis, at b.jeff.francis@tn.gov or 615-253-6269.

REGULATORY ACTIVITY:

• The Tennessee Workers' Compensation Bureau conducted a Public Rule-making Hearing for the Uninsured Employer Fund Benefits on October 16, 2018.
• The Tennessee Workers' Compensation Bureau conducted a Public Rule-making Hearing for Court of Workers' Compensation Claims and Alternative Dispute Resolution Rules on October 20th.  To view the Bureau Annoucements, go to https://www.tn.gov/workforce/injuries-at-work/bureau-announcements.html. 

LEGISLATIVE ACTIONS:

• House Bill 1652; Senate Bill 1544

The enacted legislation extends the medical advisory committee for six years to June 30, 2024.  Effective Date February 22, 2018.

• House Bill 1653; Senate Bill 1545

The enacted legislation extends the medical payment committee for six years to June 30, 2024.  Effective Date February 22, 2018.

REGULATORY ACTIVITY:

• The Bureau will conduct a rulemaking hearing on a new set of proposed rules concerning access to the public records maintained by the agency. The hearing will be held at 10:00 a.m. CDT in the Tennessee Room of the Department of Labor and Workforce Development's offices, located at 220 French Landing Drive, Nashville, Tennessee. The public is invited to attend and to offer comments.  To view the notice, go to https://www.tn.gov/workforce/injuries-at-work/bureau-announcements.html.
• New Claims Handling Standards will go into effect August 2, 2018. Revisions to the Claims Handling Standards include requirements for adjusting entities to designate a liaison to the Bureau to serve as a primary point of contact, clarification on the steps to file claims if the SSN is missing or unknown, deletion of the requirement to have a claims office in the state, and new requirements for making contact with the injured employee. To view a copy of the regulation to go into effect August 2, 2018, go to https://www.tn.gov/workforce/injuries-at-work/bureau-announcements.html.

REGULATORY ACTIVITY:

• Has posted notice of approval of amendments to Rule 0800-02-14 regarding claims handling standards that was posted for comment in the 4th quarter of 2017. The final notice of adoption was filed on May 4, 2018. The adopted and approved rule will become effective on August 2, 2018.  To view a copy of the adopted rule all documentation associated with the complete rules process, go to  http://tnsos.org/rules/PendingRules.php,
• New general workers' compensation rules and rules for the voluntary adjuster certification program will go into effect May 31, 2018.  To view the announcement and view links to the general rules and adjuster certification rules, go to https://www.tn.gov/workforce/injuries-at-work/bureau-announcements.html.
• Posted a summary of 2018 Workers' Compensation Changes.  To view the update, go to https://www.tn.gov/workforce/injuries-at-work/bureau-announcements.html.

LEGISLATIVE ACTIONS:

Senate Bill 1649

• This bill establishes a liability framework for employers that accept or employ students participating in the Labor Education Alignment Program (LEAP), and provides for a tax credit for such employers, as discussed below. Under present law, students in colleges of applied technology (CATs) may participate in work-based learning (WBL), which provides credit for work experiences such as internships, practicums, or clinicals. WBL is incorporated into coursework or related to a specific field of study, and may or may not include wages, salary, or other compensation to the student.  This bill specifies that an employer that accepts or employs a student through WBL: (1) Will not be liable for actions relating to that student unless the employer acted willfully or with gross negligence; and (2) May elect to provide workers' compensation insurance coverage to compensate a participating student for any injury that is covered under worker's compensation law. If an employer elects to provide workers' compensation insurance coverage: (A) The coverage will serve as the participating student's exclusive remedy for any compensable injury that is covered under worker's compensation law; and (B) The employer must not disclaim the participating student's eligibility for such coverage. This bill requires an LEA that coordinates WBL for students to maintain liability insurance coverage for all participating students. If an employer elects to provide workers' compensation insurance coverage to a participating student, then the LEA must maintain liability insurance coverage to compensate the participating student for any injury that is not covered under worker's compensation law. This bill specifies that an employer participating in LEAP is not prohibited from employing a student who is receiving a secondary education and who is under the age of 18, provided, that the employer is in compliance with state and federal law. This bill also allows for a franchise and excise tax credit of $500 for each WBL student employed by a taxpayer, limited to $5,000 per taxpayer in any tax year. All credits will be nonrefundable and nontransferable and will be awarded on a first come, first served basis. Any unused credit allowed may be carried forward for five years after the tax year in which the credit originated. This bill specifies no more than $1 million dollars in tax credits will be allowed under this bill. The legislation creates a liability framework for an employer that accepts or employs a student who is participating in work-based learning coordinated through the student's LEA or a state institution of higher education, including, but not limited to, Tennessee colleges of applied technology. The legislation requires an LEA or state institution of higher education that coordinates work-based learning for students to maintain liability insurance coverage for all participating students. If an employer elects to provide workers' compensation insurance coverage to a participating student pursuant to this amendment, then the LEA or state institution of higher education must maintain liability insurance coverage to compensate the participating student for any injury that is not covered under the Workers' Compensation Law. This amendment specifies that an employer will not be prohibited from employing a student who is under the age of 18; provided, that the employer is in compliance with state and federal law. It establishes a qualified work-based learning student grant program, to be administered by a nonprofit entity selected by the department of economic and community development to administer the program (a "program operator") and creates a separate fund within the general fund to be known as the qualified work-based learning student grant fund. The grant fund will be composed of funds specifically appropriated by the general assembly for the grant fund and gifts, grants, and other donations received for the grant fund. An employer that accepts or employs qualified work-based learning student may apply to the department for a grant in a manner determined by the department.  The grant amount will be limited to $5,000 per employer in any calendar year. The total amount of grants provided to employers will not exceed $1 million for any calendar year. Effective Date May 21, 2018.

LEGISLATIVE ACTIONS:

House Bill 2304

The enacted legislation amends the workers’ compensation statute regarding attorney fees.  Effective Date April 18, 2018.

Senate Bill 1615

Deletes the requirement that every workers’ compensation insurer that provides insurance for Tennessee workers’ compensation claims or self-insured employers maintain a claims office or contract with a claims adjuster located within the State of Tennessee. Effective Date April 12, 2018.

Senate Bill 2141

The Workers' Compensation Law does not presently apply to farm or agricultural laborers and employers of those laborers. This bill authorizes employers of farm or agricultural laborers to accept the Workers' Compensation Law by purchasing a workers' compensation insurance policy, and to withdraw that acceptance by canceling or not renewing the policy and providing notice to the employees. Effective Date April 2, 2018.