getting paid out of state rates?

[woldebeest]

Hi...does anyone know if a provider can get paid out of state rates if the injury took place out of state? We are in California and the worker was injured in Massachusetts. If we perform the surgery here in California, do we bill with California rates or Massachusetts?
Thanks.

[1171]

It depends on which comp laws control e.g.under which state laws was the claim filed.
I would guess mass.

[sparkey]

Well if you do surgery in Cali, why would you charge Mass rates for surgeries?? Wouldn't you use the california rates? I would think it would be the state the surgery was in. That is just my opinion, but of course i am not the IC.

[1171]

the work comp laws for your claim don't change whenever you move

[RNvic]

what state is the state residence? That is where the claim needs to be filed. I was injuired in one state and filed in state of residence as this is where I have recieved treatment and that is how my lawyer explained that it should be. As if someone is temp working in one state when injuried they most likely will have to go home as a loss of housing paid by company.

[ace25]

Obviously since the post is two months old and it is the medical provider asking the question, the claim has already been filed. Most likely it would have been filed in MA, and the laws and rates of the state where it is filed will apply.

[RNvic]

Ace25 I don't know why you have chip on your shoulder but if all you can do is put others down why don't you just go away. Tump thump

[ace25]

I'm not putting anybody down. Just pointing out that the claim was well underway before the subject was ever brought to the board. The question was never about where to file the claim. It was what medical fee schedule to follow.