State of the States

Illinois - The Illinois Supreme Court issued an opinion that would prevent medical providers in the state from seeking reimbursement for workers’ compensation treatments from an injured workers’ settlement funds. Illinois is one of a handful of states that allows medical providers to seek payment directly from an injured worker following the conclusion of a claim, but under the new court ruling, a provider can not seek funds from their settlement monies.

Virginia - The Virginia Senate passed SB 744 earlier this week. If passed by the House, the bill would direct state agencies to use the IRS employment test to determine if and when employees are being misclassified in an attempt for employers to sidestep protections, like workers’ compensation. Additionally, the bill would impose stiff financial penalties on any employer for misclassification, and any employer found guilty of subsequent misclassification offenses would be barred from any state contract.

Oklahoma - Late last week, the Oklahoma Workers’ Compensation Commission released a proposed update to the state’s Medical Fee Schedule. The changes are the result of a consulting company report ordered by the legislature to make recommended changes to the state’s fee schedule, which hasn’t been updated since 2012. The report is nearly 500 pages with significant increases in payments for certain medical services and the addition of several new services. Stakeholders have a month to submit comments regarding the fee schedule, which is expected to be adopted in mid-March.

Ohio - The Ohio House is considering a bill that would remove the requirement that requires a PTSD claim to be accompanied by a physical injury for first responders filing mental health workers’ compensation claims. Similar language was passed by the House last year but later removed by the Senate because of pressure from employers across the state that argue such an expansion of workers’ compensation benefits could cost upwards of $44 million. However, that hasn’t stopped first responders and legislatures from trying once again in 2020.

Missouri - For the eighth year in a row, Missouri will attempt to pass a prescription drug monitoring bill. HB 1693, which was subject to a public hearing last week, was passed out of the Insurance Policy Committee and is now awaiting a vote in the Administrative Oversight Committee before heading to the floor of the House for a vote. While it’s swift movement through the House is promising, in recent years the true battle happens in the Senate, where it has been defeated every time. Missouri remains the only state in the country without a PDMP.

By Danielle Jaffee

Courtesy of Injured Workers Pharmacy Blog

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