REGULATORY ACTIVITY:

• Amended Workers' Compensation Administrative Account Rules and Procedures (260-RICR-50-05-12) go into effective on December 27, 2017.

FEE SCHEDULE NEWS:

• Under Rhode Island Executive Order 20-06 Expanding Access to Telemedicine Services and Rhode Island Insurance Bulletin 2020-5 Emergency Telemedicine Measures – Covid-19 the following telemedicine codes will be assigned temporary fee schedule reimbursement rates increasing rates for telephonic (CPT codes 99441-99443) and online digital (CPT codes 99421- 99423 and 98970-98972) evaluation/assessment, management services and Physical/Occupational Therapy to mirror payment rates for an equivalent office visit. When billing for these codes use modifier 95 or CR (catastrophe response) and place of service code 02 (telehealth). Providers should reflect the length of the interaction in their supporting documentation.

FEE SCHEDULE NEWS:

• New Telemedicine rules have been adopted with an effective date of January 1, 2020. To view the Informational Letter, go to http://www.dlt.ri.gov/wc/InfoLetters/2020-03.pdf.

REGULATORY ACTIVITY:

• Rhode Island General Law Section 28-33-17 (3) (i) establishes spendable base wage criteria for the purpose of determining weekly compensation. The Spendable Base Wage Information effective May 10, 2020 is now available on the web site at http://www.dlt.ri.gov/wc/infowages.htm.  You can view, print, and save an electronic copy. Please note – the documents hosted on the DLT website between April 7th and April 17th contained an error in the table-based lookup method for married persons (the formula-based calculation approach was unaffected). Please replace any previously obtained copy. For questions on how to use spendable earnings, please contact a Claims Analyst at (401) 462-8100, option #6 then #1 or WCClaimsAnalyst@DLT.ri.gov.
• Rhode Island General Law Sections 28-33-17(f) (1), Weekly Compensation for Total Incapacity, 28-33-18.3(b) (1), Continuation of Benefits – Partial Incapacity and 28-37- 30, Cost of Living Increase, provide for annual benefit increases to certain classes of employees. By the statutes listed above, the increases to these employees shall be by an amount equal to the total percentage increase in the (CPI-W) Consumer Price Index, United States city average for urban wage earners and clerical workers as formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor for the period of March 1 to February 28 each year. The Cost of Living Increase for 2020 will be 2.3%.  Effective May 10, 2020, weekly benefits paid to these employees should be increased 2.3%. By statute, increases shall be paid by insurers and employers without further order of the court. Late payment of the increase may result in the assessment of a 20% penalty on the unpaid amount. Questions may be addressed to a Workers’ Compensation Education Unit Representative at (401) 462-8100, option #1.
• Under Rhode Island Executive Order 20-06 Expanding Access to Telemedicine Services and Rhode Island Insurance Bulletin 2020-5 Emergency Telemedicine Measures – Covid-19 the following telemedicine codes will be assigned temporary fee schedule reimbursement rates increasing rates for telephonic (CPT codes 99441-99443) and online digital (CPT codes 99421- 99423 and 98970-98972) evaluation/assessment, management services and Physical/Occupational Therapy to mirror payment rates for an equivalent office visit. When billing for these codes use modifier 95 or CR (catastrophe response) and place of service code 02 (telehealth). Providers should reflect the length of the interaction in their supporting documentation.

REGULATORY ACTIVITY:

• Issued bulletin 2020-04 regarding flexibility in insurance during the COVID-19 emergency effective March 25, 2020.

REGULATORY ACTIVITY:

• Published three information letters on October 3, 2019.  Published were 2019 Notice of Revised Independent Contractor Forms; Notice of Withdrawal of Designation as Independent Contractor and Notice of Designation as Independent Contractor.  To view the information letters, go to http://www.dlt.ri.gov/wc/infoletters.htm.

LEGISLATIVE ACTIONS:

Legislative News

• House Bill 6134 and Senate Bill 909

Provide employer pays any excess damages for an injured minor/clarifies liability of employer for violation of continuation of health care benefits for injured employee caused by employer/repeals obsolete/inapplicable workers' compensation laws.  Effective Date July 15, 2019.

FEE SCHEDULE NEWS:

• The new hospital rates effective July 1, 2019 have been published. A new update to hospital rates is expected in July 2020.

REGULATORY ACTIVITY:

• The Workers’ Compensation Division, under the authority granted by Section 37‐13(c) of Title 28 of the General Laws of Rhode Island, 1956, as amended, granting the Director of the Department of Labor and Training (“Director”) the power and discretion to determine Workers’ Compensation assessment rates,  the assessment rate shall be reduced to 5.00%. In the development of the proposed assessment rate, consideration was given to the projected expenditures for the current fiscal year and for the next fiscal year in determining what percentage is needed to provide sufficient funds, in conjunction with appropriations from the general fund, if any, to fulfill the purposes enumerated in RIGL §28‐37‐1 (b) pursuant to RIGL §28‐37‐13(c). This notice was published in Information Letter 2019-04.  To view this notice, go to http://www.dlt.ri.gov/wc/infoletters.htm.

REGULATORY ACTIVITY:

• Issued informational letter 09-02 regarding spendable base wage tables and related forms.  To view the letter, go to http://www.dlt.ri.gov/wc/infoletters.htm.

LEGISLATIVE ACTIONS:

• House Bill 5305

The enacted legislation extends the effective date of the Rhode Island Uninsured Protection Fund from February 1, 2019 to September 1, 2019.  Effective Date March 28, 2019.

REGULATORY ACTIVITY:

• Published information letter number 19-01 regarding 2019 cost of living increase.  To view the notice, go to http://www.dlt.ri.gov/wc/infoletters.htm.  The cost of living increase for 2019 will be 1.3%.  Effective May 10, 2019 weekly benefits paid to these employees should be increased by 1.3%.  To view the cola rate table, go to;  http://www.dlt.ri.gov/wc/COLArates.htm.

LEGISLATIVE ACTIONS:

• Senate Bill 242

The enacted legislation relates to labor and labor relations regarding Rhode Island’s uninsured protection fund. The legislation provides that the provisions of § 28-53-7 which addresses payments from the uninsured protection fund to employees of uninsured employers, would apply to injuries that occur on or after September 1, 2019. Effective Date September 1, 2019.

REGULATORY ACTIVITY:

• Published Information Letter 18-5 regarding maximum compensation rate. In accordance with Section 28-33-17 of the Rhode Island Workers’ Compensation Act, the Maximum Total Disability Weekly Compensation Rate is $1,253.00 for injuries occurring on or after October 1, 2018. To view the information letter, go to http://www.dlt.ri.gov/wc/infoletters.htm.