REGULATORY ACTIVITY:

• Minnesota Statutes § 176.135, subd. 9, requires each payer, hospital and clearinghouse to provide the Department of Labor and Industry with the name and contact information of a designated employee to answer inquiries related to the submission or payment of medical bills.

FEE SCHEDULE NEWS:

• The state has updated their Inpatient Fee Schedule with an effective date of January 1, 2018.
• New Medical Fee Schedule conversion factors have been adopted effective October 1, 2017. The next update is scheduled for October 1, 2018.

REGULATORY ACTIVITY:

• The Minnesota Department of Labor and Industry (DLI) has updated the draft of proposed rule amendments to Minnesota Rules 5220.1900. A link to the updated draft has been posted on the rulemaking docket, which can be accessed at dli.mn.gov/PDF/docket/5220docket.PDF. DLI plans to publish and send out an official Notice of Intent to Adopt Rules and/or Notice of Hearing on the proposed rules by the end of 2017.
• DLI is currently finalizing the Statement of Need and Reasonableness (SONAR) for the proposed rules. The SONAR must include information about the probable costs of the rules and other issues to the extent ascertainable. If you would like to provide information about any of the issues described below, contact Matt Jobe at rules@state.mn.us or (651) 284-5006 by Oct. 6, 2017.
• Posted notice in the state register regarding threshold of payment for catastrophic, high-cost injuries; annual adjustment to workers' compensation vocational rehabilitation hourly rates and notice of availability of PC-pricer program for payment of in-patient hospital services for workers' compensation patients discharged on or after October 1, 2017.
• Published that action was being taken on an exempt rule.  The rule in question is in regards updating Workers' Compensation Independent Medical Examination Fees and Workers' Compensation Conversion Factors.

REGULATORY ACTIVITY:

• Posted notice regarding a change to rules Part 5219.0500 and 5221.4020.  The rules provide the annual adjustments to the maximum workers’ compensation independent medical examination fees as provided in Minn. R. 5219.0500 and the Workers’ Compensation conversion factors for the Workers’ Compensation Fee Schedule as required by Minnesota Statutes § 176.136, subd. 1a (c) and (d). The independent medical examination (IME) fees and conversion factors are adjusted by the percent change in the Producer Price Index for Offices of Physicians for 2016, which was 0.2 percent.  Under the exempt rule process in Minn. Stat. § 14.386 (b), no Request for Comment or Notice of Intent to Adopt Rules was published. However, notice of the adjustments will be published in the August 2017 edition of COMPACT, the Department of Labor and Industry’s quarterly Workers’ Compensation newsletter.
• The Minnesota Department of Labor and Industry (DLI) has updated the draft of proposed rule amendments to Minnesota Rules 5220.1900. A link to the updated draft has been posted on the rulemaking docket, which can be accessed at dli.mn.gov/PDF/docket/5220docket.PDF. DLI plans to publish and send out an official Notice of Intent to Adopt Rules and/or Notice of Hearing on the proposed rules by the end of 2017. DLI is currently finalizing the Statement of Need and Reasonableness (SONAR) for the proposed rules. The SONAR must include information about the probable costs of the rules and other issues to the extent ascertainable. If you would like to provide information about any of the issues described below, contact Matt Jobe at dli.rules@state.mn.us or (651) 284-5006 by Oct. 6, 2017.

REGULATORY ACTIVITY:

• Published a notice of new legislation enacted in response to the Ekdahl/Hartwig cases. “To workers' compensation payers: This notice is to inform you about new legislation, effective May 31, 2017, recommended by the Workers’ Compensation Advisory Council in response to issues raised by the Minnesota Supreme Court’s 2014 decisions in Ekdahl v. Independent School District #213, et al., 851 N.W.2d 874 and Hartwig v. Traverse Care center, et al., 852 N.W.2d 251. In these cases, the Supreme Court decided that the workers’ compensation law does not allow permanent total disability (PTD) benefits to be reduced by the employee’s government retirement benefits (other than social security retirement benefits).”

REGULATORY ACTIVITY:

• Minnesota Adopted Exempt Permanent Rules Relating to Workers' Compensation; Independent Medical Examination Fees in Minnesota Rules, chapter 5219; Workers' Compensation Medical Services and Fees in Minnesota Rules, chapter 5221.
• Minnesota has published in its state register on March 27, 2017 Amendments to the following fee schedule rules:
  • Excessive Charges
  • Provider Responsibilities
  • Surgery Fees
  • Pharmacy
  • Instructions for Application of Fee Schedules.

REGULATORY ACTIVITY:

• Adopted Exempt Permanent Rules Relating to Workers’ Compensation Independent Medical Examination Fees in Minnesota Rules, Chapter 5219 and Workers’ Compensation Medical Services and Fees in Minnesota Rules, Chapter 5221 Subject matter.  The proposed good cause amendments to be adopted under Minnesota Statutes § 14.388 consist of updates to the workers’ compensation rules to implement the independent medical examination fee schedule in Minnesota Rules, Chapter 5219; and the medical rules of practice, billing and payment rules, the relative value fee schedule rules and the pharmacy fee schedule in Minnesota Rules, Chapter 5221.

FEE SCHEDULE NEWS:

• The state has updated their Inpatient Fee Schedule with an effective date of January 1, 2017.

REGULATORY ACTIVITY:

• Minnesota has posted possible amendments to Rule 5220.1900 concerning vocational rehabilitation.
• Minnesota has posted a draft of proposed rule 5220.1990 Rehabilitation Service Fees and Costs.  A copy of the draft proposed rule is attached. The proposed draft rule was discussed at the Rehabilitation Review Panel Meeting on January 5th, 2017.
• Minnesota has posted notice of submission of adopted rule without a public hearing.  The notice is in regards to rules 5219 Independent Medical Examination Fees and rule 5221 Workers’ Compensation Medical Service and Fees.  The agency is proposing to file with the Office of Administrative Hearings on January 30, 2017.  Comments can be submitted through 4:30PM February 6, 2017 to the Office of Administrative Hearings either by e-comments at https://minnesotaoah.granicusideas.com//discussions or by mail at PO Box 64620, St. Paul Minnesota.  55164-0620. No effective date has been established.

FEE SCHEDULE NEWS:

• The state has adopted a new payment methodology based on the Medicare MS-DRG system with an effective date of January 1, 2016.
• New conversion factors have been adopted effective October 1, 2016. The next update is scheduled for October 1, 2017.

REGULATORY ACTIVITY:

• The proposed good cause amendments under Minnesota Statutes § 14.388 consist of updates to the rules to implement the independent medical examination fee schedule in Minnesota Rules, Chapter 5219, and the relative value and pharmacy fee schedules in Minn. R., Chapter 5221. The amendments reflect:
  • statutes in Minn. Stat. §§ 176.135 and 62J, requiring all Minnesota providers and payers to utilize electronic medical billing and payment;
  • statutory changes related to billing and payment of workers’ compensation medical and hospital bills; and
  • wording, formatting and renumbering changes recommended by the reviser.
• A copy of the proposed rule has not been drafted to date.

LEGISLATIVE ACTIONS:

• House File 2478
  The legislation clarifies the process for attorneys claiming legal fees in workers’ compensation cases. It clarifies the procedure in the Workers’ Compensation Court of Appeals for attorneys appealing their fee awards.  The enacted legislation eliminates the requirement of paying a bond for parties appealing a decision of Workers’ Compensation Court of Appeals to the Minnesota Supreme Court. Makes changes to conform to appellate court rules.  The legislation deletes language related to the bonds at issue in Section 3. Provides that the Workers’ Compensation Court of Appeals may require a bond in extraordinary circumstances. It also extends the time limit, from five to ten days, for seeking costs from the losing party in a workers’ compensation case. Current law provides that the prevailing party in such a case is entitled to costs incurred during the litigation.  Effective Date August 1, 2016.
• House File 2994
  This bill allows workers’ compensation insurers to maintain a jumbo retention limit, meaning an amount equal to ten times the low retention limit. Retention limits are the amount a workers’ compensation insurer must pay for workers’ compensation benefits before the Workers’ Compensation Reinsurance Association will begin covering the insurer’s losses. This change is effective January 1, 2018. The low retention limit is changed to $500,000 for 2016, with the board of the Workers’ Compensation Reinsurance Association making adjustments to this amount in the future, with approval from the commissioner of labor and industry.  Effective Date August 1, 2016.
• Senate File 1440
  The legislation makes a number of modifications to the prescription monitoring program. The legislation amends the definition of “controlled substances” by removing tramadol and including gabapentin. It makes a technical change to clarify that the Prescription Monitoring Program Task Force does not expire.  The bill specifies that an occupational licensing board or agency may access the database to substantiate a disciplinary action against a prescriber.  (Continues to prohibit access to initiate a disciplinary action).  Removes the requirement that data retained beyond 24 months must be de-identified.  It modifies who has access to the reporting system database. A modification that permits a prescriber access to the database to the extent the information relates specifically to a current patient to whom the prescriber is providing other medical treatment for which access to the data may be necessary and with the provision that the prescriber remains responsible for the use or misuse of data accessed by a delegated agent or employee. (Removes the requirement that the patient must consent before the prescriber has access under this circumstance). A modification that permits access to a licensed pharmacist who is providing pharmaceutical care for which access to the data is necessary or when consulted by a prescriber who is requesting data in accordance with the amended statute. A modification that permits personnel or designees of a health-related licensing board or the Emergency Medical Services Regulatory Board conducting an investigation of a complaint alleging that a specific licensee is impaired by the use of a drug for which data is collected in the database, has engaged in activity that would constitute a crime as defined under section 152.025, or has engaged in the behavior specified in subdivision 5, paragraph (a). A new clause is added to the legislation permitting personnel or designees of a health-related licensing board conducting an investigation of a complaint alleging that a specific licensee is inappropriately prescribing controlled substances. The enacted legislation requires by April 1, 2016, every prescriber who is authorized in this state to prescribe controlled substances for humans and who holds a current registration issued by the FDA, and every licensed pharmacist practicing in this state to register and maintain a user account with the prescription monitoring program. Data submitted with the registration application other than their name, license number, and license type is classified as private data pursuant to section 13.02, subd. 12.  It clarifies that only the specified permissible users may directly access the data electronically.  The legislation repeals a conflicting expiration date for the Prescription Monitoring Program Task Force from last session. Effective Date June 1, 2016.