REGULATORY ACTIVITY:

• Pursuant to West Virginia Code§ 23-4-8(d) and (e), workers' compensation claimants are entitled to reimbursement for among other things, mileage driven “in connection with medical examinations, appointments and treatments, including appointments with the claimant's authorized treating physician."  Under§ 23-4-8(e), the reimbursement rate for mileage payable to a workers’ compensation claimant is equal to the rate determined by the West Virginia Department of Administration’s Purchasing Division Travel Rules for State employees.  In accordance with the West Virginia State Travel Rules, the state's mileage reimbursement rate for privately-owned vehicles adheres to the rate set by the United States General Services Administration ("GSA"). The State Travel Management Office of the West Virginia Department of Administration's Purchasing Division has announced that effective January 1, 2018, the state mileage reimbursement rate has increased to $0.545 per mile.  Accordingly, the West Virginia Offices of the Insurance Commissioner is issuing a notice to advise all private carriers, self-insured employers, and third-party administrators responsible for the administration of workers’ compensation claims in West Virginia that the rate of reimbursement to claimants for mileage driven under the provisions of West Virginia Code § 23-4-8(d) and (e) is also adjusted to $0.545 per mile, effective January 1, 2018.  Any questions regarding this notice should be directed to the OIC's Legal Division at (304) 558-0401 or legal@wvinsurance.gov.
• Has published the 2017 claims data template for Self-Insureds. To view the template, go to: http://www.wvinsurance.gov/Home.aspx.

REGULATORY ACTIVITY:

• Posted the Assigned Risk Plan Rates Effective November 1, 2017 and the Workers' Compensation Lost Costs Effective November 1, 2017.

REGULATORY ACTIVITY:

• Has published benefit rates effective July 1, 2017.

LEGISLATIVE ACTIONS:

• Senate Bill 198
  The enacted legislation amends and reenacts Section 18C -3-3 of the code of West Virginia, 1931 as amended, relating to expansion of the Health Sciences Service Program to allow persons who practice emergency medicine in underserved areas of the state. Effective Date July 3, 2017.

REGULATORY ACTIVITY:

• West Virginia Office of Insurance Commissioner Division of Workers’ Compensation has published two new forms regarding request for x-rays and request for original x-rays.

FEE SCHEDULE NEWS:

• The state follows Medicare methodology and codes become valid for payment once CMS adopts them. Please refer to the Medicare modules section for more information.

REGULATORY ACTIVITY:

• West Virginia Office of Insurance Commissioner Division of Workers' Compensation Fund Availability Calendar has published the schedule of EFT availability and Check Mailings.

LEGISLATIVE ACTIONS:

• Senate Bill 419
  The enacted legislation amends and reenacts §4-11A-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13A-3b of said code; to amend and reenact §11-13V-4 of said code; to amend and reenact §11-21-96 of said code; to amend and reenact §23-2C-3 of said code; and to amend and reenact §29-22A-10d and §29-22A-10e of said code, all relating to termination of transfers of certain personal income tax revenues to the Workers’ Compensation Debt Reduction Fund; reestablishing and imposing increased severance tax on severance of timber effective July 1, 2016; termination of additional severance taxes on severance of coal, natural gas and timber on and after July 1, 2016; authorizing earlier termination date; authorizing redirection of additional severance tax revenues to the General Revenue Fund for period prior to termination date; delaying transfers of certain personal income tax revenues to the West Virginia Retiree Health Benefit Trust Fund; eliminating transfers of certain personal income tax revenues to the Post-July 1, 2010, Employee Trust Fund; authorizing redirection of amounts collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to July 1, 2017; authorizing redirection of amounts collected from certain deposits of revenues derived from net terminal income for periods prior to July 1, 2017. Effective Date: June 1, 2016.
• Senate Bill 621
  This bill exempts taxicab companies with independent contract drivers from providing workers’ compensation coverage.  Provided that any such taxicab driver identified an in independent contractor shall not be eligible for workers’ compensation benefits under this chapter as an employee of the taxicab company.  The electronic agreement that identifies the taxicab driver as an independent contractor must be consistent with the United States Internal Revenue code requirements for persons acting as independent contractors. Effective Date June 29, 2016.