REGULATORY ACTIVITY:

• The Department of Workforce Services has posted notice of proposed rules regarding Chapter 7: Benefits. To view the proposed rule, go to https://rules.wyo.gov/Search.aspx and enter search term ‘Chapter 7 Benefits’.

REGULATORY ACTIVITY:

• On January 1, 2017, the Federal Occupational Safety and Health Administration (OSHA) implemented a new requirementthat certain employers must submit injury and illness data electronically using OSHA's new Injury Tracking Application (ITA). OSHA began enforcement in states they cover on December 1, 2017.  The electronic reporting requirement does not apply to Wyoming OSHA covered employers despite an April 30, 2018 OSHA news release stating all employers across the country are subject to the rule. The State of Wyoming has not yet adopted the new electronic reporting requirement. Wyoming OSHA, not Federal OSHA, covers nearly all employers in Wyoming, the only exception being Federal employers that fall under Federal OSHA's jurisdiction. Wyoming employers do not have to provide this information to Federal OSHA until Wyoming adopts the same requirement and may continue to keep their OSHA 300 logs just as always. Employers may choose to provide this information to Federal OSHA on a voluntarily basis. Wyoming OSHA is currently in the process of rulemaking to adopt the electronic reporting requirement in Wyoming State later this year. The proposed rule was filed with the Secretary of State's office on April 20, 2018 and is open to comments from the public until June 4, 2018. The Wyoming OSHA Commission will review any public comments received and consider voting to adopt the proposed rule at its June 19, 2018 meeting.  If you have specific questions about record keeping requirements in Wyoming, please call (307) 777-7787 and ask to speak with a consultant.

LEGISLATIVE ACTIONS:

Senate File 6

The enacted legislation exempts real estate professionals from coverage as specified.   Effective Date July 1, 2018.

LEGISLATIVE ACTIONS:

House Bill 9

The enacted legislation relates to the Department of Workforce Service. The legislation removes specified department of workforce services reporting requirements.  The two repealed reports are:  Annual report to the Legislature about anticipated deficiencies in employer contributions for specified employees to the worker's compensation account; and  Annual report to the Joint Minerals, Business and Economic Development Interim Committee about the workplace safety contract program.   Effective Date March 9, 2018.

House Bill 10

The enacted legislation relates to worker's compensation. The enacted legislation specifies applicability of other states' worker's compensation laws in situations of reciprocity. It requires recognition of Wyoming's worker's compensation coverage in a nonresident employer's home state before Wyoming will recognize that nonresident employer's home state worker's compensation coverage in Wyoming.  Effective Date July 1, 2018.

REGULATORY ACTIVITY:

• The Wyoming Department of Workforce Services (DWS) released an updated Work-Related Fatal Injuries report. The report, which provides analysis over years 2012-2016 and is the second multi-year report, reveals a complete view of recent fatality patterns in the state by industry and cause. Wyoming continues to have one of the highest occupational fatality rates in the country. In 2016, the State Occupational Epidemiologist identified 27 workplace fatalities. This is a reduction from the 30 fatalities identified by the state in 2015. Since 2012, 30 percent of the 143 deaths fell under the jurisdiction of Wyoming OSHA for in-depth investigation and 65 percent were Wyoming residents. Nearly half of all fatalities during this time were due to motor vehicle incidents. This includes six ATV/UTV crashes. "Safety is an expectation of every job – any single workplace fatality is one too many. We continue to make progress with the help of industry safety alliances," said Governor Mead. "I thank the Department of Workforce Services for their good work on this report." During the period 2012-2016, the Transportation and Warehousing industry accounted for the largest proportion of occupational fatalities in Wyoming (25 percent), followed by the Agriculture, Forestry, Fishing and Hunting industry (18 percent), and a tailored Oil & Gas Extraction and Production industry category (17 percent). In 2016, no fatalities were identified in the industries of Manufacturing and Mining (excluding oil & gas). During the period 2012-2016, Natrona County had the highest number of occupational fatalities (22), followed by Laramie (15), Campbell (14), Carbon (12), and Sweetwater (12) Counties.  "Motor vehicle incidents are the leading cause of occupational fatality in Wyoming and across the country, State Epidemiologist Meredith Towle said, "What we are starting to learn is that many of these deaths in Wyoming are attributed to incidents that occurred road-side or on a job site. There is real risk while working around moving vehicles, and workers using utility vehicles should be properly trained and equipped to use those machines. We have also learned that nearly 40 percent of the workers killed in a roadway crash were not properly using a seat belt. Employers have the opportunity to help elevate their employees’ compliance with safety restraints on the job." Due to additional data collection and slight changes in case classifications, findings in this report replace findings in last year’s Work-Related Fatal Injuries report. The report includes federal and state fatality data, but does not address non-fatal occupation injury data. Developing and expanding non-fatal occupational injury reporting continues to be a strategic goal of the State Occupational Epidemiology program. Combining multiple years of worker fatality data helps policymakers identify patterns in the fatal-injury causes. The data in this report show differences in fatal injury cause by industry, as well as differences in the demographics of affected workers and follow-up investigation experience by industry. An example can be seen in the Agriculture industry. Only a small portion of deaths are investigated by a comprehensive framework set forth by a state agency. The implication is that age-related deaths are not fully or systematically evaluated state-wide, thus a full picture of burden and causality isn’t available to help inform prevention efforts in that sector.

REGULATORY ACTIVITY:

• Posted notice in the state register amendments to the state’s Medical Fee Schedule.  The public may make comments by COB on October 20, 2017.   Has posted proposed rules regarding the state's workers compensation fee schedule.  Comments will be received through October 20, 2017.

REGULATORY ACTIVITY:

• The Wyoming Department of Workforce Services (DWS) will be issuing premium credits to eligible Wyoming employers enrolled in the workers' compensation program starting this August.
• The one-time premium credit is the result of a bill passed by the Wyoming Legislature and signed into law by Governor Mead. The 8.33 percent credit can be used by employers toward their workers' compensation premium starting August 1, 2017, and applied toward premium payments until January 31, 2018. If not used during that timeframe, the opportunity to apply the credit toward premium will expire on January 31, 2018.
• To be eligible for the credit, employers must have made premium payments in calendar year 2016, and are required to be in good standing with the Workers' Compensation Division on all required workers' compensation payments as of June 15, 2017.

REGULATORY ACTIVITY:

• Director John Cox has named John Ysebaert to the position of Deputy Director of the Wyoming Department of Workforce Services (DWS). As Administrator for the DWS Standards and Compliance Division, Ysebaert played a key role in the DWS reorganization in 2011. He served as Administrator of the Division for six years where he oversaw the compliance arm of the agency, including the Workers' Compensation, Occupational Safety and Health Administration (OSHA), Labor Standards and Employment Tax programs. Notably, during his time as Administrator, Ysebaert led key initiatives within the OSHA and Workers' Compensation programs to expand safety expertise and resources to employers in Wyoming.
• “Wyoming Workers’ Compensation has received concerns regarding the recent, unexpected change in reimbursement for pharmacy services. We are currently working with both the Wyoming Pharmacy Association and our vendor Corvel/CVS Caremark to resolve this issue. The goal is to re- establish a price model that is fair and balanced to all parties; Wyoming pharmacies and the employers in the state of Wyoming, who ultimately pay the premiums.  To that end, we have set a series of three meetings across the state where we will meet with pharmacy representatives in a collegial, problem solving approach. Please feel free to join us at one of these meetings and help us identify a solution. The meetings are: •  March 28th at the Riverton Workforce Center,  422 E. Fremont Avenue at 11:00 am •  March 31st at the Sheridan Workforce Center, 247 Grinnell Plaza, Suite 200 at 9:00 am •  March 31st at the Casper Labor Standards Conference Room, 851 Werner Court,  at 12:30 p. m.   In the interim, we will reimburse transactions as per the Wyoming Workers’ Compensation Rules & Regulations, CHAPTER 9 – FEE SCHEDULES, Section 6. Fees for Pharmacy Items. (a)  Pharmaceuticals shall be reimbursed at the lower of: (i)  Average Wholesale Price (AWP) minus 10% plus a $5.00 dispensing fee; or (ii) The provider’s usual and customary charge. In no case shall any provider bill for charges greater than those charged to the general public for like services. The Division reserves the right to review such charges and reimburse at the usual and customary rate if a discrepancy is found.  Please forward any questions or concerns to Rae Anne White RN, Nurse District Manager at 307-777-8219 or Fax 307-777-8724.”

REGULATORY ACTIVITY:

• Wyoming Worker's Compensation has partnered with Corvel Corporation for prescription benefit management, effective March 1, 2017.
• Wyoming has published new ACP Guidelines for Nonradicular Low Back Pain.
• Wyoming Workers’ Compensation has received concerns regarding the recent, unexpected change in reimbursement for pharmacy services. “We are currently working with both the Wyoming Pharmacy Association and our vendor Corvel/CVS Caremark to resolve this issue. The goal is to re- establish a price model that is fair and balanced to all parties; Wyoming pharmacies and the employers in the state of Wyoming, who ultimately pay the premiums. To that end, we have set a series of three meetings across the state where we will meet with pharmacy representatives in a collegial, problem solving approach. Please feel free to join us at one of these meetings and help us identify a solution. The meetings are: •  March 28th at the Riverton Workforce Center,  422 E. Fremont Avenue at 11:00 am •  March 31st at the Sheridan Workforce Center, 247 Grinnell Plaza, Suite 200 at 9:00 am •  March 31st at the Casper Labor Standards Conference Room, 851 Werner Court,  at 12:30 pm.  In the interim, we will reimburse transactions as per the Wyoming Workers’ Compensation Rules & Regulations, CHAPTER 9 – FEE SCHEDULES, Section 6. Fees for Pharmacy Items. (a)  Pharmaceuticals shall be reimbursed at the lower of: (i) Average Wholesale Price (AWP) minus 10% plus a $5.00 dispensing fee; or (ii) The provider’s usual and customary charge. In no case shall any provider bill for charges greater than those charged to the general public for like services. The Division reserves the right to review such charges and reimburse at the usual and customary rate if a discrepancy is found.  Please forward any questions or concerns to Rae Anne White RN, Nurse District Manager at 307-777-8219 or Fax 307-777-8724. “

LEGISLATIVE ACTIONS:

• House Bill 84
  The enacted legislation relates to labor and employment; providing for the discretionary recovery of delinquent worker's compensation payments by civil action; providing for the recovery of delinquent payments through installment agreements as specified; modifying the interest rate for delinquent premium. Effective Date: July 1, 2017.
• House Bill 111
  The enacted legislation relates to worker's compensation; providing that county governments or county governmental entities may establish a collective system for managing worker's compensation claims and benefits; requiring rulemaking. Effective Date: July 1, 2017.
• Senate File 89
  The enacted legislation relates to labor and employment; providing for a rebuttable presumption of disabilities for firefighters; listing subject diseases; providing eligibility for specified benefits to which the presumption applies; outlining criteria for presumptions; providing rulemaking authority; specifying applicability; and providing for an effective date. Effective Date: March 3, 2017.
• Senate File 167
  This bill amends the statute providing discounts to the workers’ compensation rates paid by employers. It increases the discount an employer receives for participating in an approved drug and alcohol testing program from five percent (5%) to ten percent (10%), and increases the total of all discounts an employer can receive from twenty-five percent (25%) to thirty percent (30%). The bill provides for an out-of-state employer beginning new operations in Wyoming to receive an experience modification rating based on the employer's out of state operations. This rating affects how much the employer's workers’ compensation rate will be based on its claim history. The bill allows the Department of Workforce Services to require out-of-state employers to submit any necessary information for the purpose of determining the employer's experience modification rating. The Department is authorized to promulgate rules for this purpose. The bill requires the Department of Workforce Services to establish a workers’ compensation premium credit for employers who made all required workers’ compensation payments for calendar year 2016. This credit will be in an amount determined by the Department and can be used by employers towards their premium obligations between July 1 and December 31, 2017. The Department will implement the premium credit through its rulemaking authority under W.S. 27-14-201(q). Effective Date:  July 1, 2017.

FEE SCHEDULE NEWS:

• The state has updated the RVU data effective January 1, 2017.
• The next update is expected on January 1, 2018.