FEE SCHEDULE NEWS:

• The North Carolina Industrial Commission has completed a fiscal note and proposes to amend Rule 04 NCAC 10J .0103 regarding reimbursement for services provided in an Ambulatory Surgery Center.  The proposed amendment would be effective October 1, 2017 and would reinstate the language of the temporary rule that was originally approved and effective on January 1, 2017.

REGULATORY ACTIVITY:

• The North Carolina Workers’ Compensation Opioid Task Force met at 2:00 p.m. on Tuesday, June 6, 2017. The meeting took place at the Industrial Commission, located in the Dobbs Building at 430 N. Salisbury Street, Raleigh, NC 27603. The meeting was held in the Industrial Commission Hearing Room, Room 2173, on the second floor.
• Has proposed a rule regarding continuing education for licensing requirements for multiple professionals licensed by the department of Insurance.  Comments regarding the proposed rule may be sent to: Loretta Peace-Bunch, 1201 Mail Service Center, Raleigh, NC 27699-1201; phone (919) 807- 6004; email loretta.peace-bunch@ncdoi.gov by August 14, 2017.
• Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10J .0103:  Attached is a notice regarding proposed changes to the Commission’s Medical Fee Schedule, Rule 04 NCAC 10J .0103, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.

REGULATORY ACTIVITY:

• The Industrial Commission is pleased to announce the first meeting of the task force to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in workers’ compensation claims. The first meeting was scheduled for 2:00 p.m. on Thursday, April 6, 2017, in the Dobbs building at 430 N. Salisbury Street, Raleigh, NC 27603. NOTE ROOM CHANGE: Please note that the meeting has been moved to the Jim Long Hearing Room, Room 3099, on the third floor.

REGULATORY ACTIVITY:

• The Industrial Commission is pleased to announce the creation of a Twitter account that will provide updates on the Commission’s breaking news and important announcements. This additional media platform demonstrates the Commission’s commitment to providing quality customer service and connecting with all interested stakeholders. Please follow the N.C. Industrial Commission on Twitter @IC_NC_GOV.
• Governor Roy Cooper has nominated Philip A. Baddour, III for appointment as a Commissioner to the North Carolina Industrial Commission for a six-year term, pending confirmation by the North Carolina General Assembly.  Philip A. Baddour, III joined the Industrial Commission as a Deputy Commissioner in November 2000.  In August 2015, he was appointed to a six-year term to continue serving as a Deputy Commissioner. Prior to the Commission, Mr.  Baddour practiced law in Goldsboro, N.C.  from 1996 to 1999, primarily representing plaintiffs in the areas of tort and workers’ compensation litigation.  In 1999, he joined the North Carolina Department of Justice as an Assistant Attorney General defending state agencies in workers' compensation and tort claim actions.  Mr. Baddour also previously served as a JAG Officer in the North Carolina National Guard, achieving the rank of Captain before receiving an honorable discharge.  Mr. Baddour received his B.A. degree from the University of North Carolina at Chapel Hill in 1992. He earned his law degree from Campbell University and was admitted to the North Carolina Bar in 1996.

REGULATORY ACTIVITY:

• Industrial Commission Chairman Charlton Allen announced on February 7, 2017 the establishment of a task force to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in workers’ compensation claims.

FEE SCHEDULE NEWS:

• The North Carolina Industrial Commission has adopted changes to their Professional, DME and Laboratory Fee Schedule Tables with an effective date of January 1, 2017.
• The North Carolina Industrial Commission has approved the temporary rule presented at a public meeting on November 18, 2016 amending their medical fee schedule rule 04 NCAC 10J.0101 regarding reimbursement for services provided by Ambulatory Surgical Centers.  A maximum reimbursement rate of 200% shall apply to institutional services that are eligible for payment by CMS when performed at an ASC and a maximum reimbursement rate of 135% shall apply to institutional services performed at an ASC that are eligible for payment by CMS if performed at an outpatient hospital facility, but would not be eligible for payment by CMS if performed at an ASC.  The rule was adopted December 6, 2016 and took effect on January 1, 2017.

REGULATORY ACTIVITY:

• On December 30, 2016, Governor Pat McCrory designated Charlton L. Allen to continue serving as Chairman of the North Carolina Industrial Commission. Pursuant to Session Law 2016-125, he will serve as Chairman of the Commission for a term of four years. Charlton Allen joined the Industrial Commission on July 1, 2014 as a Commissioner. He was then designated Chairman effective February 1, 2016.
• Governor Pat McCrory has designated Yolanda K. Stith to serve as Vice-Chair of the North Carolina Industrial Commission for a term of four years pursuant to Session Law 2016-125. Yolanda Stith joined the Industrial Commission on December 21, 2016 as a Commissioner.
• Chairman Allen has appointed Charles K. Duckett as Administrator/Chief Operating Officer of the Industrial Commission, effective January 1, 2017. The Administrator is a senior-level position tasked with overseeing the Commission’s budget, personnel, and other managerial operations.
• On Wednesday, January 4, 2017, the Industrial Commission upgraded the Electronic Document Filing Portal to EDFP 2.3.0. The new release allows almost all documents to be filed via EDFP as long as they are filed in claims that have existing IC file numbers. The Industrial Commission encourages all current EDFP users as well as those not yet required to use it to become familiar with the new version of EDFP. Therefore, as of Thursday, January 5, 2017, the Commission started to accept via EDFP all document types included in the EDFP 2.3.0 upgrade even if the document types are not listed in Table 1 of the current Rule 04 NCAC 10A .0108. “If you choose to submit such document types, you should copy the correct IC filing email address according to Rule 04 NCAC 10A .0108 when you serve the documents on the opposing party and let the Commission know in the e-mail that the documents were also filed via EDFP.”
• Chairman Allen has selected Asia J. Prince to be the Director of Claims Administration for the Industrial Commission, effective January 1, 2017. Most recently, Mr. Prince has served as a Special Deputy Commissioner in the Executive Secretary’s Office, and prior to that, a Special Deputy Commissioner with the Deputy Commissioner’s Section. Mr. Prince is a cum laude graduate of the University of North Carolina at Greensboro, where he was a member of the Beta Gamma Sigma business honor society. He received his Juris Doctor from the University of North Carolina at Chapel Hill. He is currently a Fellow with the E.A. Morris Fellowship for Emerging Leaders.
• Brian Ratledge has joined the North Carolina Industrial Commission to serve as General Counsel. Mr. Ratledge was most recently the General Counsel at the North Carolina Department of Administration. Prior to joining the Department of Administration, he was in private practice in Raleigh. He has also previously served as the Chairman of the Wake County Board of Elections. Finally, Mr. Ratledge is a graduate of the University of Tennessee at Knoxville where he received his B.A. in Political Science (Honors Program) and a graduate of the Campbell University School of Law.
• The approved temporary rule amendment to Rule 04 NCAC 10J .0103 went into effect on January 1, 2017. A legal challenge to this temporary rule has been filed in Wake County Superior Court. Additional updates will be provided when appropriate.
• On January 19, 2017, the Rules Review Commission approved the rule amendment with technical corrections to Rule 04 NCAC 10A .0108.  Therefore, this amendment will go into effect on February 1, 2017.

FEE SCHEDULE NEWS:

• The North Carolina Industrial Commission has adopted changes to their Medical Fee Schedule with current Medicare Fee Schedules effective date of July 1, 2015. The next update to the physician fee schedule is scheduled for January 1, 2017.
• The state adopted a new payment methodology for Inpatient and Outpatient facility billings based on Medicare methodology, effective April 1, 2015. Additional rate decreases were scheduled for January 2016 and 2017.

REGULATORY ACTIVITY:

• The North Carolina Industrial Commission has established the maximum weekly benefit for 2017 pursuant to C. Gen. Stat. § 97-29. Effective January 1, 2017, the maximum weekly benefit applicable to all injuries and claims arising on and after January 1, 2017, shall be nine hundred seventy-eight dollars ($978.00).
• The North Carolina Industrial Commission has approved the temporary rule presented at a public meeting on November 18, 2016 amending their medical fee schedule rule 04 NCAC 10J.0101 regarding reimbursement for services provided by Ambulatory Surgical Centers.  The rule was adopted December 6, 2016 and takes effect on January 1, 2017.
• The temporary rule amendment to Rule 04 NCAC 10J .0103 adopted by the Industrial Commission was reviewed and approved by the Rule Review Commission on December 15, 2016 and which will go into effect on January 1, 2017.
• Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0108
• Please click here to view a notice regarding proposed changes to the Commission’s electronic filing rule, 04 NCAC 10A .0108, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.
• The Commission held the public hearing on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The written comment period closed on December 16, 2016. The Commission did not receive any written comments.
• The Commission approved a permanent rule amending 04 NCAC 10A .0108. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings on December 20, 2016. Please click here to view the permanent rule.