REGULATORY ACTIVITY:

• The Workers’ Compensation Board now coordinates with CourtCall to provide a system for parties and their representatives to make routine workers’ compensation appearances by video from their offices, homes or other convenient locations. CourtCall is currently available at all Board regional offices for mediations. For more details, please see our information sheet.  The CourtCall web site can be accessed by going to https://courtcall.com/

FEE SCHEDULE NEWS:

• Post-award medical disputes can ONLY be filed by selecting the “Motion to Reopen (Medical Dispute)” tab on the “Submit a Filing” page.  LMS will lead the submitting party through preparation of a Motion to Reopen and Form 112 and will provide for the attachment of required supporting documents.

REGULATORY ACTIVITY:

• The Board has updated its inpatient facility fee schedule (Appendix III) for dates of discharge on or after October 1, 2017. The fees are based on version 35 of the US Federal Government’s DRG Grouper for FY 18. Questions or concerns regarding the annual update may be addressed to Barriere@maine.gov.

REGULATORY ACTIVITY:

• The state government is shut down until a budget is approved and in place. All Workers' Compensation Board offices are closed. Board staff will not be available during the shutdown. More information about the shutdown may be available at www.maine.gov. 

LEGISLATIVE ACTIONS:

• Senate Bill 984
  The enacted legislation splits the current adjuster's license into two separate categories. The broad category would remain however there would be a workers’ compensation adjuster only license. For anyone who took advantage of this new license who wasn’t otherwise licensed, the Bureau of Insurance (BOI), within the Department of Professional and Financial Regulation, would receive a license fee. Effective Date January 1, 2018.

LEGISLATIVE ACTIONS:

• Legislative Document 61
  The enacted legislation improves vocational rehabilitation under the Maine Workers’ Compensation system. The legislation enacts a provision that if an employee is actively participating in rehabilitation ordered benefits may not be reduced except upon the employee’s return to work with or an increase in pay from the employer who is paying the employee compensation under this act based on actual documented earnings paid to the employee or when the employee reaches the duration limit of benefits paid.  Effective Date September 21, 2017.

FEE SCHEDULE NEWS:

• The state has adopted new Inpatient DRG values effective April 1, 2017. based on Version 34 of the US Federal Government’s DRG Grouper for FY 17.  The next update is expected October 2017.
• The state has updated adopted changes to the physician, outpatient and ASC facility fee schedules with an effective date of January 1, 2017. The next medical fee schedule update is expected in January 2018.
• The state has updated the Outpatient and ASC Facility Fee Schedules with an effective date of April 1, 2017.  The next outpatient facility fee schedule update is expected October 2017.

LEGISLATIVE ACTIONS:

• Legislative Document 313
  The enacted legislation changes the time frame that a former employee of the Workers’ Compensation Board may practice before the Board from 2 years to 1 year. Effective Date: September 21, 2017.

FEE SCHEDULE NEWS:

• The state has adopted new Inpatient DRG values effective October 1, 2016 based on version 34 of the US Federal Government’s DRG Grouper for FY 17.  The next update is expected in October 2017.
• The state has adopted changes to the Physician, Outpatient and ASC Facility Fee Schedules with an effective date of January 1, 2017. The next fee schedule update is expected in January 2018.

REGULATORY ACTIVITY:

• The Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A. Section 209-A for dates of service on or after January 1, 2017. Questions or concerns regarding the annual update may be addressed to Kimberlee.Barriere@Maine.Gov.

LEGISLATIVE ACTIONS:

• House Bill 1553
  This enacted legislation makes the following changes to the Maine Workers’ Compensation Act of 1992. It transfers the predetermination of independent contractor status process to the Department of Professional and Financial Regulation, Bureau of Insurance. It establishes that rebuttable presumptions granted as a result of a request for a predetermination are admissible only in proceedings arising under the Maine Revised Statutes; Title 24-A. Conclusive predeterminations received by landowners continue to be admissible in proceedings under the Maine Workers’ Compensation Act of 1992. It modifies the law after the Law Court’s decision in Workers’ Compensation Board Abuse Investigation Unit v. Nate Holyoke Builders, Inc., et al., 2015 ME 99 and ensures employers that misclassify employees as independent contractors are subject to penalties under the Maine Workers’ Compensation Act of 1992. It increases the Workers’ Compensation Board’s assessment cap starting in fiscal year 2016-17. It establishes that appeals to the Law Court from the Workers’ Compensation Board are from decisions of the Workers’ Compensation Board’s Appellate Division and not an individual administrative law judge.  Effective Date July 20, 2016.
• House Bill 1646
  This bill establishes a very aggressive law to prevent opiate abuse by strengthening the controlled substances prescription monitoring program and other programs related to narcotic drugs. The legislation establishes definitions for acute pain, administer and chronic pain. The legislation amends the definition of prescriber. The act authorizes the sharing of information with Canadian provinces.  The legislation establishes a penalty for failure to submit information.  Establishes that prescribers and dispensers are required to check prescription monitoring information periodically and under certain conditions.   Establishes a fine for failure to check monitoring information.   Establishes exemptions from opioid medication limitations until January 2017.  Requires rulemaking by the state regarding this statute no later than January 1, 2015.  Requirements regarding prescription of opioid medication Limits on opioid medication prescribing, exceptions, electronic subscribing. The legislation establishes continuing education requirements.    The legislation provides for amendments to limits on opioid prescribing.  Establishes limits on opioid medication prescribing but does allow for exceptions. Amends the controlled substances prescription monitoring program.  Effective Date July 20, 2016.