REGULATORY ACTIVITY:

• Issued bulletin 2020-01 to all interested parties including insurers, agents, consumers and all others having business before the Kansas Insurance Department.   To meet the inherent dangers of disasters to which the State and its citizens have been exposed due to novel coronavirus (COVID-19), Governor Laura Kelly issued a State of Disaster Emergency Proclamation on March 12, 2020. In that proclamation, the Governor suspended the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the order of rules and regulations of any state agency which implements such statute, if strict compliance with the provisions of such statutes, order or rule and regulation would prevent, hinder, or delay in any way necessary action in coping with the disaster as set forth in K.S.A. 48-925(c) (1).  To view this bulletin, go to https://insurance.ks.gov/department/LegalIssues/bulletins.php

REGULATORY ACTIVITY:

• Published the September update to ODG on the state's web site.  To view the September update, go to https://www.dol.ks.gov/WC/medservices/medical-services-and-fee-schedule-section/official-disability-guidelines.
• OSCAR Update for Court Reporters: We are pleased to announce some additional enhancements for Court Reporters have launched in OSCAR. Court Reporters are able to attach themselves directly to OSCAR Hearings using an associated hearing number.  Additionally, behavior modifications have been made on the Court Reporter Landing Page:  An ‘Active’ vs. ‘All’ toggle now appears, allowing users to differentiate between active and closed hearings. A quick guide to these changes is attached.  More enhancements will soon follow, including a way for Court Reporters to upload transcripts directly to a case. Furthermore, in the future, email notifications will be sent to Court Reporters when a hearing is cancelled or continued. If there are any questions regarding these modifications, please email KDOL.OSCAR@ks.gov.

REGULATORY ACTIVITY:

• The mileage reimbursement rate for state officers and employees is 58 cents per mile effective July 1, 2019.  K.S.A. 44-515(a) provides that mileage to obtain medical services is reimbursed at the rate prescribed for state officers and employees pursuant to K.S.A. 75-3203a.  K.A.R. 51-9-11 provides that all round trips of over five miles to obtain medical services are reimbursable as medical mileage as provided by K.S.A. 44-515(a).
• Published the June edition of their ODG.  To view the publication, go to https://www.dol.ks.gov/WC/medservices/medical-services-and-fee-schedule-section/official-disability-guidelines.

REGULATORY ACTIVITY:

• The Department of Labor, Labor Market Information Services, has reported that the state's average weekly wage for calendar year 2018, in accordance with Section 44-704 of the Kansas Employment Security Law, was $888.29.  Pursuant to K.S.A. 44-510c, the maximum workers compensation weekly benefit for the period of July 1, 2019 to June 30, 2020 will be $666.00.  This maximum will apply to those accidents occurring between July 1, 2019 and June 30, 2020.  The minimum weekly benefit rate for fatalities for the same period, pursuant to K.S.A. 44-510b, will be $444.00.  To view this notice, go to https://www.dol.ks.gov/WC/home.

REGULATORY ACTIVITY:

• In a 38 - 1 vote on May 3rd, the Kansas Senate confirmed the appointment of Delía García as the Kansas Secretary of Labor.  Secretary García will oversee the state Unemployment Insurance, Workers’ Compensation, Labor Market Information Services and Industrial Safety and Health divisions. Secretary García returned to Kansas after eight years in Washington, D.C., serving in senior leadership positions at the national organizations ReflectUS, National Migrant Seasonal Head Start Association and the National Education Association.  Prior to that, she served six years in the Kansas House of Representatives, serving all six years on the House Commerce and Labor Committee, while continuing to help manage her family’s small business.

REGULATORY ACTIVITY:

• The Director of Workers’ Compensation for the State of Kansas is accepting applications for one membership on the Workers’ Compensation Board. In order to be considered by the nominating committee, each applicant shall be an attorney regularly admitted to practice law in Kansas for a period of at least seven (7) years with at least five (5) years experience practicing law in the area of workers’ compensation and shall have engaged in the active practice of law during such period as a lawyer, judge of a court of record or any court in Kansas or a full-time teacher of law in an accredited law school, or any combination of such types of practice.

FEE SCHEDULE NEWS:

• The Division of Workers’ Compensation has adopted a new Medical and Hospital Fee Schedule with an effective date of March 29, 2019.

REGULATORY ACTIVITY:

• Published in the state register a permanent administrative regulation regarding release 3.1 standards for trading partner profiles, submission of data and first reports of injury.  To view the posted notice, go to http://www.kssos.org/pubs/pubs_kansas_register.asp and view the Volume 38 Number 09 of the state register dated February 28, 2019.
• Future training sessions are planned for those interested in learning more about the Online System for Claims Administration Research/Regulation (OSCAR).  Dates, times and locations will be posted in News and Alerts on the OSCAR Information Web page, announced in the Work Comp Connection newsletter and on the KDOL Facebook. Send newsletter subscription requests to Shirley.Hastings@ks.gov.  To view this notice, go to https://www.dol.ks.gov/WC/home.
• Workers' Compensation statute requires written notice to implead workers’ compensation fund.  Please note, the Workers’ Compensation statute (44-566a(c)(1)) requires that the commissioner of insurance must receive written notice from a party wishing to implead the workers’ compensation fund, setting forth the nature of the liability asserted.  If you are filing a motion to implead the fund in OSCAR the Fund is not automatically added as a participant on the case and will not receive notice through the system. Once they have been added to the case then OSCAR will notify them through the system. Please send your written notice to the Fund at Kansas Insurance Department, Workers’ Compensation Fund, 420 SW 9th Street, Topeka KS. 66612. For support on other OSCAR issues, contact the support team at kdol.oscar@ks.gov. To view this notice, go to https://www.dol.ks.gov/WC/home.

REGULATORY ACTIVITY:

• Kansas Department of Labor (KDOL) Acting Secretary, Delía Garcia, has selected KDOL Unemployment Insurance Director, Brett Flachsbarth, to serve as the Deputy Secretary for the agency. His appointment is effective immediately.  “From the moment I met Mr. Flachsbarth, he has demonstrated powerful leadership skills, and he is very well respected at both the state and national level for his knowledge of the Unemployment Insurance program,” Garcia said. “Through the past three Governors’ administrations, he has worked to maintain and nurture professional relationships with his colleagues and has been a huge help during my transition. He did a fantastic job serving as Director of Unemployment and I trust he will continue to do the same as the new Deputy Secretary.”
• Future training sessions are planned for those interested in learning more about the Online System for Claims Administration Research/Regulation (OSCAR).  Dates, times and locations will be posted in News and Alerts on the OSCAR Information Web page, announced in the Work Comp Connection newsletter and on the KDOL Facebook.

REGULATORY ACTIVITY:

• The KDOL Workers’ Compensation Division launched the Online System for Claims Administration Research/Regulation (OSCAR) on Nov. 30, 2018. OSCAR is a comprehensive digitization program intended to improve customer service; reduce administrative costs; increase operational efficiency and effectiveness and improve data quality and integrity. Planning and implementation for the OSCAR program was completed over a four-year time-span which included in-depth research in the areas of electronic transactions, Web access and digital storage. At launch, all interaction with the KDOL, Workers’ Compensation Division will be conducted using the OSCAR system. Attorneys representing claimants, employers, insurers, claims administrators and third-party administrators are required to have an OSCAR account. OSCAR is expected to reduce paper waste, expedite workflows and improve transparency. To access the OSCAR system, go to oscar.dol.ks.gov.
• Posted notice of a public hearing to be held on February 15, 2019, regarding the revision of fee schedule in K.S.A. 51-9-7 as authorized by K.S.A. 44-510i. The Director is to adjust the fees at least biennially to ensure the Medical fees paid as a result of a workers’ compensation injury are current, reasonable and fair. To view the notice, go to http://www.kssos.org/pubs/pubs_kansas_register.asp.
• The state apologizes for any inconvenience as it continues to update issues with the OSCAR system. If you are able to make your case filings in OSCAR, please continue. If you are having issues making your filings with OSCAR, you may temporarily file by mailing or faxing your paper work to the division. Please attach your contact information in the event that staff has questions.

Mail to: Work Comp/OSCAR Submission, 401 SW Topeka Blvd., Topeka, KS 66603, Fax: (785) 296-8580, Include cover sheet marked: Work Comp/OSCAR Submission.

REGULATORY ACTIVITY:

• In-person and Webinar training sessions are available to those interested in enrolling and using the Online System for Claims Administration Research/Regulations (OSCAR) scheduled to launch Nov. 30, 2018. All paper forms and judicial filings previously submitted by mail will instead be filed using the OSCAR system. Attorneys who represent claimants, employers or insurers in Kansas are required to enroll and use the OSCAR system to submit all judicial filings. Employers responsible for submitting elections, records requests, self-insurance information, in addition to users who want to view active case information related to their employer must also enroll in the OSCAR system. Insurers responsible for submitting annual paid loss reports, records requests and payments to the division, must also enroll in OSCAR. Claims Administrators and Third-Party Administrators responsible for checking the statuses of submitted claims and view active case information related to these claims are also required to enroll in OSCAR. Register for in-person training or join a Webinar now!
• Published in the state register notice of permanent administrative regulations regarding Article 1 forms.  To view the regulation, go to  http://www.kssos.org/pubs/pubs_kansas_register.asp.
• The following reminder was published:  The Kansas Division of Workers’ Compensation will adopt the IAIABC Claims Release 3.1 Standard on November 29, 2018. The Kansas IAIABC R3.1 release date coincides with go-live of Kansas’ Online System for Claims Administration Research/Regulation (OSCAR).  Kansas EDI data will be integrated into OSCAR and some of the new requirements in claims 3.1 are needed to support OSCAR functionality and processes.  The Kansas Division of Workers’ Compensation will adopt the IAIABC Claims Release 3.1 Standard on November 29, 2018. The Kansas IAIABC R3.1 release date coincides with go-live of Kansas’ Online System for Claims Administration Research/Regulation (OSCAR).  Kansas EDI data will be integrated into OSCAR and some of the new requirements in claims 3.1 are needed to support OSCAR functionality and processes.  For additional information, go to https://www.dol.ks.gov/WorkComp/edinews.aspx.