December 9, 2009 Workers Comp Update

WCB Webinar on Inpatient Methodology

The WCB is sponsoring a webinar this Thursday morning, December 10, regarding the new inpatient DRG methodology and rates that NY Medicaid has developed with 3M which go into effect for workers' compensation this month. The webinar takes place on Thursday from 10-12pm and is free of charge. To register, click on this link https://cc.callinfo.com/r/1d4yfkzun38ky and fill in the contact information.

EEOC Draft ADA Regulation Comment Period Closes

The federal Equal Employment Opportunity Commission issued draft regulations in September to implement the equal employment provisions of the Americans with Disabilities Act (ADA), as amended.  Among the proposed changes include provisions to define that “disability” be interpreted broadly; expansion of the definition of “major life activities”; provisions to include that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and that actions based on an impairment include actions based on symptoms of an impairment.

I've attached substantive comments submitted by the US Chamber of Commerce and the National Association of Manufacturers to these draft regulations.  Both organizations were at the negotiating table when the ADA amendments were developed and passed by Congress; both organizations believe the EEOC has gone far beyond legislative intent of the amendments.  Given the scope of these proposed regulations, I am sharing to ensure folks are aware of parallel events going on at the federal level which may impact workers' compensation claimants and processes, as well as business mandates on workplace accommodation.