REGULATORY ACTIVITY:

• The new Form 28(FY18) and the Form 28A (FY18), which should be used to update claimant’s rates as of July 1, 2017, are now available.  Both forms can be downloaded at:  http://labor.vermont.gov/forms/#comp.  The new maximum for those injuries arising after June 30, 1986 is $1,281.00.  The new maximum for injuries prior to that date is $854.00.  The minimum in all cases is $427.00.  Historical wage rates are available http://labor.vermont.gov/wordpress/wp-content/uploads/historicalrates.pdf.  Please be aware of the requirement to forward a copy of the Form 28 to the injured worker or dependent: 8.2010 The Employer or insurance carrier shall file a Notice of Change in Compensation Rate (Form 28) with the Commissioner by July 1st annually as to any injured worker or dependent who is receiving indemnity benefits as of that date and who is entitled to an adjustment of compensation in accordance with this Rule.  Concurrent with the filing, the employer or insurance carrier shall mail a copy of the Notice of Change in Compensation rate to the injured worker or if appropriate, to his or her dependent(s).

REGULATORY ACTIVITY:

• Vermont has posted two rules to be amended.  The posting numbers are 17P007 and 17P008.  These amendments were posted on March 1st.  While these two postings do not directly impact workers' compensation they do address in Vermont drug issues that could be beneficial to workers' compensation.
• 17P007
  • Title: Regulated Drug Rule. Type: Standard. Status: Proposed. Agency: Department of Health
  • Legal Authority: 3 V. S. A. §§ 801(b) (11) and 3003; 18 V. S. A. §§ 4201 and 4202.
  • Summary: This rulemaking adds new drugs and other chemical substances that are illegal or judged to be potentially fatal or harmful for human consumption unless prescribed and dispensed by a professional licensed to prescribe or dispense them. Examples include acetylfentanyl, a lethal opioid, and newly emerged synthetic recreational drugs. The rule also establishes benchmark dosages for certain drugs to provide a baseline for use by prosecutors to seek enhanced penalties for possession .of higher quantities of the drug. The rule simplifies some language for clarity.  Persons Affected: Law enforcement, physicians prescribing stimulants, depressants and narcotics, individuals taking prescribed drugs, individuals in possession of regulated drugs and retail establishments that sell certain synthetic substances that are harmful or dangerous.  Hearing date: 03-31-2017 09:00 AM. Location: Vermont Department of Health, Room 3B. Address: 108 Cherry Street, Burlington, VT, 05402.  Comments can be submitted to Shayla Livingston Agency: Department of Health Address: 108 Cherry Street, Burlington, VT, 05402
  • Telephone: 802-863-7280; Fax: 802-951-1275; Email: vdhrules@vermont.gov Comments are due by April 7, 2017
• 17P008
  • Title: Rule for Medication-Assisted Treatment for Opioid Dependence. Type: Standard. Status: Proposed
  • Agency: Department of Health.  Legal Authority: 3 V.S.A. § 801(b) (11) and Section 14 Act 195 (2013).
  • Summary: This rulemaking expands capacity for the treatment of opioid dependence by allowing advanced practice registered nurses and physician's assistants to prescribe buprenorphine to individuals requiring and seeking treatment for opioid dependence. The rule also increases the number of patients a physician may treat from 100 to 275. Persons Affected: Individuals with opioid addiction and their families, physician's assistants, advance practice registered nurses, physicians, Opioid Treatment Programs, Vermont Department of Health, substance abuse treatment professionals, preferred providers, Vermont's designated agencies, and insurers. Hearing date: 03-31-2017 02:00 PM. Location: Vermont Department of Health, Room 3B. Address: 108 Cherry Street, Burlington, VT, 05402. Comments can be submitted to Shayla Livingston Agency: Department of Health Address: 108 Cherry Street, Burlington, VT, 05402
  • Telephone: 802-863-7280; Fax: 802-951-1275; Email: vdhrules@vermont.gov Comments are due by April 7, 2017.

REGULATORY ACTIVITY:

• Vermont Rule 45 Rules for Administrative Citations and Penalties, Stop Work Orders and Debarment became effective February 13, 2017.

REGULATORY ACTIVITY:

• The Commissioner has finally adopted and published Rule 45 on January 6, 2017.  These rules update the Workers' Compensation program administrative citation and penalty provisions to address the debarment penalties added to the statutes, and Supreme Court decisions on penalty assessment and calculation. The Rules also address recent changes to the Workers' Compensation's fraud provisions.

FEE SCHEDULE NEWS:

• The state has adopted changes to Physician Fee Schedule rates with an effective date of January 1, 2017. Next expected update is in January 2018.

REGULATORY ACTIVITY:

• Held their public hearing for proposed rule 45 regarding administrative citations, penalties, stop work orders and debarment.
• The draft forms that were provided preauthorization form and form 7 earlier are now effective.

LEGISLATIVE ACTIONS:

• Senate Bill 216
  This act directs the Green Mountain Care Board to identify annually up to 15 prescription drugs on which the State spends significant health care dollars and for which the wholesale acquisition cost has increased by 50 percent or more over the past five years or by 15 percent or more over the past 12 months. The Board must provide the list of prescription drugs and the percentage that the wholesale acquisition cost for each drug increased to the Attorney General’s Office and post the information on the Board’s website.  For each drug listed, the Attorney General’s Office must require the drug’s manufacturer to provide a justification for the wholesale acquisition cost increase, and the manufacturer must submit to the Office relevant information and supporting documentation.  The act requires the Attorney General to provide an annual report to the General Assembly based on the information the Office receives from manufacturers and to post the report on the Office’s website.   The act requires the Commissioner of Financial Regulation to adopt rules requiring health insurers that offer plans through the Vermont Health Benefit Exchange to provide searchable information online about their Exchange plan prescription drug formularies.  It directs the Department of Vermont Health Access to use the same dispensing fee in its reimbursement formula for 340B prescription drugs as it uses to pay for non-340B prescription drugs under the Medicaid program, and to provide information to the General Assembly about 340B drug reimbursement and the 340B program.  It allows at least one bronze-level Exchange plan offered for the 2018 plan year to have a higher out-of-pocket limit on prescription drug spending than the limit established in statute and directs the Department of Vermont Health Access to convene an advisory group to develop options for 2018 bronze plans.  The act requires the Director of Health Care Reform in the Agency of Administration to report on whether the Secretary of the U.S. Department of Health and Human Services has the authority to waive annual limits on out-of-pocket expenses or actuarial value requirements for bronze-level plans, or both, and if so, to apply for such a waiver by March 1, 2017.  It also directs the Department of Vermont Health Access to provide information to the General Assembly about bronze-level plans and enrollment trends and recommendations on the out-of-pocket prescription drug limit. Effective Date:  June 2, 2016.