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California issue emergency AME/QME regs - Printable Version

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California issue emergency AME/QME regs - 1171 - 04-26-2020

On 4/24 the DWC posted proposed AME/QME regulations.
A brief summary:

Section 36.7 QME Electronic Service Emergency Regulation in Response to COVID-19

This new section sets forth the process and addresses the need for electronic service of medical-legal reports to prevent interruption in the receipt of medical-legal reports resulting from the Governor’s stay-at-home order. This emergency regulation will help injured workers and employers continue to move their workers’ compensation claims toward resolution and avoid additional and undue delay.

1. Subsection (a)(1) defines “Electronic Service”, “Electronic Transmission” and “Electronic Notification”. It also prescribes how all three are accomplished.
2. Subsection (a)(2) mandates that there must be agreement by all parties to electronic service, and that the agreement must be confirmed in writing.
3. Subsection (a)(3) prohibits electronic service for an unrepresented injured worker.
4. Subsection (a)(4) establishes that electronic service must be transmitted to the electronic address provided to the physician with the consent to electronic service.
5. Subsection (a)(5) establishes when electronic service is complete and sets forth the time period to respond to or act on electronic service.
6. Subsection (b) establishes requirements for electronic service of a medical-legal report dealing with an injury to the psyche.
7. Subsection © establishes that all applicable terms of regulation 36 also apply to the service of medical-legal reports by electronic transmission.
8. Subsection (d) allows for the use of an Affidavit of Proof of Electronic Service and establishes the requirements for that document.
9. Subsection (e) mandates that the physician must maintain the original of the medical-legal report, with an original signature, for any medical-legal report served by means of electronic service.