REGULATORY ACTIVITY:

• Has posted Notice of intent to amend Title 810 Oklahoma Workers' Compensation Commission Chapter 10 Practice and Procedure rule and Chapter 25. Pursuant to 85A O.S. §101, the Commission is required to implement an electronic data interchange (EDI) system. The Commission permanent rules, now in effect, establish a mandatory EDI implementation date of January 1, 2018. Numerous entities have requested additional time to implement and test a new EDI system. The Commission has also learned that the International Association of Industrial Accident Board and Commissions (IAIABC) Release 3.1 standards will be released in August 2018.The proposed revisions change the mandatory EDI implementation date from January 1, 2018 to September 1, 2018. The proposed delay in EDI implementation will accommodate those requesting additional time to implement EDI and will allow the Commission to adopt the most recent standards.  A public hearing will be held at 1:30 p.m. on Tuesday, February 20, 2018 in Commission Chambers on the 2nd floor of the Denver N. Davison Building, 1915 N. Stiles Avenue, Oklahoma City, Oklahoma.  The proposed rule can be viewed HERE
• Is accepting comments to proposed permanent rules through February 16, 2018. The proposed rules are Chapter 1 General Information, Chapter 10 Practice and Procedures and Chapter 25 Workers' Compensation Insurance and Self Insurance.  The proposed rules can be viewed at https://ok.gov/wcc/documents/Proposed%20Permanent%20Rules%20for%20posting%201-16-18.pdf.
• Published an alert regarding Commission rulemaking and form revisions. This alert is issued to inform that the Workers' Compensation Commission is in the process of promulgating Permanent Rules and revising its forms. A copy of the Commission’s proposed rules and forms are available to view on the Commission's website at https://ok.gov/wcc/Legal/Governing_Documents_/index.html.  Rules changes are summarized in the respective Notices of Rulemaking Intent found at the same link.  Forms revisions include changes consistent with the Commission’s current rules and statutes, adoption of a new CC-Form 50 Medical Interlocutory Order Request form in accordance with 85A O.S., § 50(I) and O.A.C. 810:15-5-4, and repeal of obsolete forms (CC-Form 211 and Subject Line Authorization form). If you have any comments you would like to submit to the Commission regarding the proposed rules or changes to its forms, you may email them to rules@wcc.ok.gov through Friday, February 16, 2018. A public hearing will be held at 1:30 p.m., Tuesday, February 20, 2018, in Commission Chambers on the 2nd floor of the Denver Davison Building, Oklahoma City, OK.  To view the alert, go to:  https://ok.gov/wcc/documents/Alert%20Regarding%20Commission%20Rulemaking%20%20%26%20Forms%201-17-18.pdf.
• Proposed amendments to rules and forms. Comments for the proposed rules and forms will be accepted through February 16, 2018. Rules to be amendment are Chapter 1; Chapter 10; and Chapter 25. A substantial number of forms are proposed to being changes. The forms being proposed are:
  • Proposed CC-Form-2
  • Proposed CC-Form-2A Extension
  • Proposed CC-Form-2A
  • Proposed CC-Form-3
  • Proposed CC-Form-3A
  • Proposed CC-Form-3B
  • Proposed CC-Form-3C
  • Proposed CC-Form-3F
  • Proposed CC-Form-4
  • Proposed CC-Form-5
  • Proposed CC-Form-9
  • Proposed CC-Form-10
  • Proposed CC-Form-10A
  • Proposed CC-Form-10C
  • Proposed CC-Form-13
  • Proposed CC-Form-20
  • Proposed CC-Form-36
  • Proposed CC-Form-40
  • Proposed CC-Form-50
  • Proposed CC-Form-71
  • Proposed CC-Form-93
  • Proposed CC-Form-99
  • Proposed CC-Form-100
  • Proposed CC-Form-300
  • Proposed CC-Form-A
  • Proposed CC-Form-M
  • Proposed CC-Form-V
  • Proposed CC-Joint Petition
  • Proposed Death Claim Settlement Order
  • Proposed Form-SI Employer Permit
  • Proposed Form-SI Group Permit
  • Proposed Form-SI-TPA Permit
  • Proposed JP-APPENDIX
  • Proposed MFDR Form 10M
  • Proposed MFDR Form 19
  • Proposed WC Premium Tax Report Form
• To view the rules and forms being proposed, go to: https://ok.gov/wcc/Legal/Governing_Documents_/index.html

REGULATORY ACTIVITY:

• Posted in the state register adoption of emergency rules regarding certificates of Non-Coverage Rule Title 810 Chapter 25-1-2.  The rule is in effect through September 14, 2018.

FEE SCHEDULE NEWS:

• The DMEPOS and ambulance rates, which are based on the CMS DMEPOS and Ambulance fee schedules, have been updated effective as of October 1, 2017.  Next update is expected in January 1, 2018.

REGULATORY ACTIVITY:

• Posted notice of final adoption of rules Title 810 Chapter 1 General Information; Chapter 10 Practice and Procedure; Chapter 15 Medical Services and Chapter 25 Workers' Compensation Insurance and Self Insurance.

REGULATORY ACTIVITY:

• The Oklahoma Workers’ Compensation Commission (WCC) announced today the hiring of Molly H. Lawyer to serve as a Tulsa-based Administrative Law Judge (ALJ). She will take the bench on September 5th, 2017. The WCC currently employs five administrative law judges and administered over 7,700 injury filings in 2016. Lawyer, of Tulsa, is a partner at the Latham, Wagner, Steel & Lehman law firm in Tulsa, OK. She defended workers' comp claims on behalf of clients such as the Multiple Injury Trust Fund, American Airlines, Wal-Mart, and CompSource Mutual.

REGULATORY ACTIVITY:

• Published in the state register notice of intent to adopt emergency rules regarding insurance and self-insurance.

REGULATORY ACTIVITY:

• The Commission has proposed an emergency rule for Title 810 Chapter 25.

LEGISLATIVE ACTIONS:

• House Bill 2423
  HB 2423, as introduced, updates existing statutes referring to the Workers’ Compensation Court. The measure clarifies that these statutes may refer to the Workers Compensation Court of Existing Claims, or to the Workers’ Compensation Commission. The measure also updates statutory language. Effective Date July 1, 2017.

REGULATORY ACTIVITY:

• Oklahoma has published a new e-mail address for inquiries regarding fee schedules.  The new address is feeschedule@wcc.ok.gov

REGULATORY ACTIVITY:

• The Oklahoma Workers’ Compensation Commission (OK WCC) will be implementing electronic reporting of workers’ compensation first reports of injury (FROI) and subsequent reports of injury (SROI).  The state will be implementing the IAIABC Standard Release 3. Electronic reporting will be required for all trading partners:  insurers, self-insured employers, and claim administrators.  Mandatory implementation is planned for January 1, 2018.  Electronic reporting will be via Electronic Data Interchange (EDI) transactions using the Claims 3.0 reporting standards adopted by the International Association of Industrial Accident Boards and Commissions (IAIABC).  Additional information on the IAIABC EDI transactions for FROI and SROI can be found online at the IAIABC website, http://www.iaiabc.org.
• Oklahoma posted notice of proposed amendments to rules Chapter 1 General Information; Chapter 10 Practice and Procedure; Chapter 15 Medical Services and Chapter 25 Insurance and Self Insurance.  Hearings for the proposed rules are as follows:
  • Chapter 1 Tuesday February 21, 2017 at 1:30 PM in Commission Chambers on the 2nd Floor of the Denver N Davison Building 1915 N. Stiles Avenue, Oklahoma City
  • Chapter 10 Tuesday February 21, 2017 at 1:30 PM in Commission Chambers on the 2nd Floor of the Denver N Davison Building 1915 N. Stiles Avenue, Oklahoma City
  • Chapter 15 Tuesday February 21, 2017 at 1:30 PM in Commission Chambers on the 2nd Floor of the Denver N Davison Building 1915 N. Stiles Avenue, Oklahoma City
  • Chapter 25 Tuesday February 21, 2017 at 1:30 PM in Commission Chambers on the 2nd Floor of the Denver N Davison Building 1915 N. Stiles Avenue, Oklahoma City.

FEE SCHEDULE NEWS:

• Several rules were adopted as of September 12, 2016 as follows:
  • A certified advanced practice registered nurse shall be allowed eighty-five percent (85%) of the fee schedule allowance for Evaluation and Management services and other services performed within the advanced practice registered nurse’s license and certification, subject to the conditions and procedures set forth in General Ground Rule 13 of the 2012 fee schedule.
  • Appeals process for drugs excluded from the closed formulary:
    • For situations in which the prescribing doctor determines and documents that a drug excluded from the closed formulary is medically necessary to treat an injured employee’s compensable injury and has prescribed the drug, the prescribing doctor, other requestor, or injured employee must request approval of the drug by requesting preauthorization from the insurance carrier, or pursuant to the preauthorization requirements of a certified workplace medical plan, if the claim is subject to the plan.
    • If preauthorization is requested by an injured employee or a requestor other than the prescribing doctor, and the injured employee or other requestor requests a statement of medical necessity, the prescribing doctor shall provide a statement of medical necessity as set forth in Subsection (e) of 810:15-5-1 to facilitate the preauthorization submission.
    • If preauthorization for a drug excluded from the closed formulary is denied, the requestor may request a hearing before an administrative law judge of the Commission by filing a CC-Form-9 as provided in 810:10-5-16.
    • In the event of an unreasonable risk of a medical emergency, an interlocutory order may be obtained in accordance with 810:15-5-4.
  • 810:15-7-2. Controlled substance monitoring and drugs of abuse testing for chronic pain management. One presumptive drug test is allowable at each individual office visit for chronic pain management. Definitive drug testing following a suspected abnormality on the presumptive drug test is permissible for not more than forty (40) individual definitive drug tests every twelve (12 months).
  • No physician may receive more than Four Hundred Dollars ($400.00) in advance in order to schedule a deposition. The advance payment shall be applied against amounts owed for testimony fees.
• The last medical and hospital fee schedule the state adopted was effective January 1, 2012.
• The DMEPOS and Ambulance services are based on the values referenced by the CMS DMEPOS and Ambulance Fee Schedules and have been updated as of January 1, 2017.

REGULATORY ACTIVITY:

• Effective January 1, 2017, the Internal Revenue Service has announced a decrease in the mileage reimbursement rate from $.54 to $.535 per mile.  (See IR-2016-169, Issued 12/13/2016).  The new rate applies to mileage incurred on or after January 1, 2017.