Administrative Rule Review Report  #AR08-042

Legislative Service Office

24-Jun-08

AGENCY: Department of Employment, Workers' Compensation Division.

DATE SUBMITTED: May 30, 2008.

SUBJECT: Chapter 1, Section 4, General Provisions; Chapter 9, Fee Schedules; and Chapter 10, Miscellaneous Medical Protocols.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 27-14-802(a).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:        The Wyoming Workers' Compensation Act requires the Director of the Department of Employment to adopt by rule fee schedules for the payment of covered medical and hospital care rendered to injured employees.  These rules amend the Department's existing fee schedules.  The Agency's Statement of Reasons provides an accurate and complete description of the rule changes.  Major changes include:

· Addition of technical definitions and renumbering sections;

· Incorporation of latest edition of relative value guidelines for rehabilitation therapy;

· Provision for payment based on total amount billed rather than individual treatment codes;

· Provision for billing by pharmacies and physicians for recompounding of pharmaceuticals;

· Provision for electronic billing by pharmacies;

· Procedures for determination of prevailing hospital room rates;

· Increasing the conversion factor for dental procedures from $25.00/unit value to $39.54/unit value;

· Implementation of a maximum coverage period for smoking cessation programs.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:         That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

NOTE: Due to the length of the proposed rules, a copy is not attached to this report. The complete set of rules is on file with the LSO and is available for review upon request.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/