Workers' Compensation Committee Update
July 1, 2010

Rulemaking on Implementing Medical Treatment Guidelines Released

The WCB published rulemaking to implement the Medical Treatment Guidelines in the June 30, 2010 State Register. A summary of the proposed rulemaking can be found here; the full text of the rules are here. The Medical Treatment Guidelines, for which these implementation rules will apply, have been amended since their initial submission to the WCB in December 2007, and can be found here. The MTGs will be "incorporated by reference" into the rulemaking so you will not find them restated within the rulemaking. There is a 45 day comment period, which closes August 16, 2010.

There is a significant amount of process proposed in these rules; there will be new forms, new deadlines to incorporate within your internal review systems, and, changes which reflect in at least one instance a deviation from the statute. Very few comments offered by The Business Council on an earlier draft were incorporated into the published rulemaking.

Some highlights include:

Workers' Comp Committee To Meet July 14; Discuss Draft Regs & Identify Next Steps

Now that the long-awaited MTGs are close to going live, the Workers' Comp Committee will meet on Wednesday, July 14, to discuss this proposed rulemaking and develop formal feedback to be submitted to the WCB on the draft regulations. The meeting will start at 11 am; lunch will be served.

Presenters at the meeting will include Pam Caggianelli from Bausch & Lomb, and a member of the team that developed the initial Medical Treatment Guidelines; Linda Hull from Upstate WorkComp on how TPAs might incorporate the MTGs to improve efficiency and derive cost savings; and Jim Hall from Liberty Mutual on his company's learnings from the MTG pilot initiated by the Board and why the opt-in prior approval process might be worth pursuing.

This will then wrap into a conversation led by Steve Scotti of ConEd, on common observations on the draft rulemaking and concerns we will formally comment on prior to the comment period closing date of August 16, 2010.

A Picture's Worth a Thousand Words....

As our members are on the front lines of the workers' compensation system, what might read as "okay" to me, when viewed by you through the practical lens of how things work "in the real world", may cast a different light on the subject. I hope to see you on the 14th; if you are not able to join us please feel free to share with me any concerns you have.

My initial read through these led me to this:

women at desk