REGULATORY ACTIVITY:

• Published the 2018 Weekly Benefit Tables.
• Published two emergency rules: Bureau of professional licensing for a standing order for dispensing opioid antagonists’ emergency rules and Bureau of medical marijuana regulation medical marijuana facilities licensing act emergency rules in the state register on December 15, 2017.

REGULATORY ACTIVITY:

• Issued executive order number 2020-125 clarifying WCDA eligibility for workplace exposure to COVID-19.  The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.  To view this order, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508---,00.html.
• Issued Executive Order Number 2020-128 Clarifying Eligibility for Workplace Exposure to COVID19 and the rescission of Executive Order 2020-125. The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.   To view this order, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508---,00.html .

REGULATORY ACTIVITY:

• Posted notice of proposed amendment to Health Care Services Rules.  Along with the notice published the Division also published minutes of their last meeting which sets forth the areas that will be under review specifically for consideration of updating.  The changes are not expected until September of 2020.
• Posted notice in the state register notice of request for rule making for pending rule set 2020-26 LE regarding workers' compensation health care services.  The filing date and effective date have not been established.   To view the notice, go to  https://dtmb.state.mi.us/ARS_Public/Transaction/RFRTransaction?TransactionID=154.
• Posted notice in the state register notice of request for rule making for pending rule set 2020-31 LE regarding workers' disability compensation general rules.  The filing date and effective date have not been established.  To view the notice, go to https://dtmb.state.mi.us/ARS_Public/Transaction/RFRTransaction?TransactionID=159.

FEE SCHEDULE NEWS:

• The Division of Workers’ Compensation has adopted new COVID-19 and Telemedicine regulations with an effective date of March 31, 2020. To view the memorandum, go to https://www.michigan.gov/documents/leo/COVID_General_Updates_688926_7.pdf.
• A new revision to the Hospital fee schedule was published retroactive to August 8, 2019. There were no actual rates changed; only two facilities had tax ID revisions.

REGULATORY ACTIVITY:

• The Workers’ Disability Compensation Agency has updated the WC-701 filing instructions to include the new COVID-19 injury code (083).  To view the filing instructions, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508_26917---,00.html
• Reminder:  issued emergency rules related to COVID-19 and first response employees.  To view the emergency rule, go to https://www.michigan.gov/leo/0,5863,7-336-78421_95508---,00.html.
• Pursuant to the Governor's extended Executive Order, the Workers' Disability Compensation Agency Board of Magistrates have rescheduled their hearings.
• Pursuant to EO 2020-45, the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of Magistrates are suspending in-person hearings until May 12, 2020.  The local agency where the case is pending should be contacted for all scheduling of redemptions, motions, and facilitations to be held telephonically.

REGULATORY ACTIVITY:

• Effective March 16, 2020, at 5:00 p.m., the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of Magistrates is suspending in-person hearings until April 20, 2020.
• During the COVID-19 crisis, the Claims Department at the Workers' Disability Compensation Agency will accept claim forms submitted via mail, fax and email at the following: Fax number:517-284-8920; Email: hazeld2@michigan.gov or fedewaj5@michigan.gov. Michigan Department of Labor and Economic Opportunity, Workers' Disability Compensation Agency, P.O. Box 30016, Lansing, MI 48909. Forms must be filled out with all required information and a copy provided to the injured worker.
• Posted notice of 2 requests for rulemaking regarding workers' disability compensation appeals commission general rules and workers' compensation board of magistrate’s general rules.

REGULATORY ACTIVITY:

• The Workers’ Disability Compensation Agency is in the process of updating all of its forms to August 2019 editions to reflect the revised department and agency name as outlined in Executive Order 2019-13. These revisions do not affect any required data elements.

FEE SCHEDULE NEWS:

• The state has adopted new Hospital Cost-to-Charge ratios effective August 09, 2019. The next update is expected in August 2020.

REGULATORY ACTIVITY:

• Emily McDonough has been named the new Administrator of the Funds Administration and Self-Insured Program Division effective June 17.  Emily previously served as an Assistant Attorney General in the Labor Division of the Department of Attorney General and provided representation to various state agencies within LARA, including the Workers’ Compensation Agency.  She is a graduate from Thomas M. Cooley Law School.  Emily will be an excellent addition to the Workers’ Compensation Agency.

REGULATORY ACTIVITY:

• The Workers’ Compensation Agency will be hosting educational seminars to discuss the latest 2018 Health Care Services Changes that took effect January 8, 2019. To view this notice, go to https://www.michigan.gov/wca/0,4682,7-191--491449--,00.html.

FEE SCHEDULE NEWS:

• The state has adopted a new Health Care Services Rules and Fee Schedule with an effective date of January 8, 2019.

REGULATORY ACTIVITY:

• The Bureau of Labor Market Information & Strategic Initiatives has reported the state average weekly wage as of June 30, 2018 is $1,022.92. In accordance with Section 418.355(2) of the Workers' Disability Compensation Act, the 2019 maximum weekly benefit based on 90% of the state average weekly wage is $921.00. Thus, the 2019 Weekly Benefit Tables are republished to show the State Average Weekly Wage and corresponding maximum benefit rate.  The 2019 calculation program should be available shortly and will be promptly posted. It is the expectation of the Workers’ Compensation Agency that claims administrators possess the appropriate knowledge of the Workers’ Disability Compensation Act to properly pay claims in accordance with statutory requirements.  To view this notice, go to https://www.michigan.gov/wca/0,4682,7-191--485866--,00.html.
• The Department of Technology, Management and Budget has advised that the mileage rate increased to $0.58 per mile for 2019.
• Published notice that the 2018 Health Care Services Rules and Fee Schedule became effective on January 8, 2019.  The 2018 Health Care Services Rules and Fee Schedule are effective Jan. 8, 2019, and will replace the current 2017 fee schedule. The updated rules, manual, and fee schedule worksheets are posted, and are based on 2018 source documents such as the 2018 October release CMS Physicians Fee Schedule, as well as 2018 CPT® and HCPCS® Level II procedure codes.  Some highlights of the updated rule language include:

• • Updated source document listings and conversion factor.
  • New definition and rule language regarding Telemedicine services.