2018 Maximum Workers' Compensation Rate

Maximum Workers' Compensation Rate, Effective January 1, 2018

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $917.18 for the four calendar quarters ending June 30, 2017.

Subsection 440.12(2), Florida Statutes (2017), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.

Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2018 shall be shall be $917.00.

               

2018 Max Comp Rate Bulletin: http://www.myfloridacfo.com/Division/WC/pdf/Max-Comp-Rate-2018-Bulletin.pdf

Change for 69L-8.071 and 69L-8.074

ATTENTION: Self-Insurers, Insurers, Claim Administrators, and Medical Providers

The Florida Division of Workers' Compensation submitted a Notice of Change for 69L-8.071 and 69L-8.074, Florida Administrative Code. 

The official Notice of Change appeared in the Volume 43, Number 223 of the Florida Administrative Weekly, published on November 17, 2017.  If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator,  Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the Notice of Change may be found here: https://www.flrules.org/gateway/View_Notice.asp?id=19750963

Emergency Order 214271-17-EO

Attention: Self-Insurers, Insurer/Carriers

On September 12, 2017 Governor Rick Scott directed Florida Insurance Commissioner David Altmaier to take every action authorized pursuant to Executive Order 17-235 to provide additional protections to support recovery efforts as it relates to Hurricane Irma's impact on Florida's families; as well as for Florida policyholders.

On September 13, 2017, Commissioner Altmaier issued the following emergency order enacting these protections for Florida policyholders.  

Http://floir.com/siteDocuments/Emergency_Order_Irma09132017.pdf

In response to this emergency order, the Florida Division of Workers' Compensation will review policies reported since August 25, 2017, and automatically extend coverage for those effected policies in accordance with the time frames set forth in the order.

If you have questions about this e-Alert, or if you would like to obtain a list of your respective policies affected by this order, please contact Lisel M. Laslie, Bureau Chief of Data Quality and Collection, Division of Workers' Compensation at (850) 413-1737 or Lisel.Laslie@myfloridacfo.com.

69L-8.071 and 69L-8.074 Hearing reset 10.04.17

A Notice of Notice of Meeting/Workshop Hearing was published for 69L-8.071 and 69L-8.074, Florida Administrative Code. This Notice reschedules the canceled September 8, 2017 Hearing.

The hearing on the proposed rules that was scheduled to occur on Friday, September 8, 2017, from 2:00 p.m. - 3:00 p.m., pursuant to notice published in the August 8, 2017 issue of the Florida Administrative Register, HAS BEEN CANCELED due to Governor Rick Scotts' declaration of a State of Emergency relating to Hurricane Irma. The hearing on the proposed rules is hereby RESCHEDULED for Wednesday, October 4, 2017, at 1:00 p.m., in Room 102, Hartman Building, 2012 Capital Circle, Southeast, Tallahassee, Florida.

The official Notice of Notice of Meeting/Workshop Hearing appeared in Volume 43, Number 174 of the Florida Administrative Weekly, published on September 07, 2017. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the original published Notice, containing the canceled date and time and the language of the proposed Rules, may be found here: https://www.flrules.org/gateway/View_Notice.asp?id=19308061

A copy of the Notice containing the rescheduled date and time may be found here: https://www.flrules.org/gateway/View_Notice.asp?id=19390220

Rules 69L-8.071 and 69L-8.074 hearing cancelled

Governor Rick Scott has declared a State of Emergency in response to Hurricane Irma and has directed state offices to be closed in all 67 Florida counties this Friday, September 8, 2017. The hearing on proposed Rules 69L-8.071 and 69L-8.074, F.A.C., has been cancelled. A notice regarding the date and time of the rescheduled hearing on the proposed rules will be published in the Florida Administrative Register. 

NCCI Proposes Significant Florida Rate Decrease

On August 28, 2017 The National Council on Compensation Insurance filed a Proposed Voluntary Rates and Rating. This proposes that overall rates decrease 9.3% for industrial classifications and an average rate decrease of 10.9% for F-Classifications. 

This proposal appears to be based upon an analysis of policy years 2014 and 2015. 

Florida Division Notices Proposed Rules 69L-8.071 and 69L-8.074

Attention:   Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers.

A Notice of Proposed Rule was published for 69L-8.071 and 69L-8.074, Florida Administrative Code. The notice provides that if requested in writing, a hearing will be held Friday, September 8, 2017, 2:00 p.m., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

The proposed rules incorporate updated versions of currently adopted resource materials utilized in the determination and reimbursement of the costs of medical care provided to Florida's injured employees. The proposed rules promote the efficient delivery of appropriate medical care to Florida's injured employees by reducing the potential for errors and delays resulting from the use of dated materials.

The official Notice of Proposed Rule appeared in Volume 43, Number 161 of the Florida Administrative Weekly, published on August 18, 2017. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the published Notice containing the language of the proposed Rules may be found here: https://www.flrules.org/gateway/View_Notice.asp?id=19308061 

To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/ 

Division Publishes Rulemaking Notice for Rules 69L-7.020, 69L-7.100, and 69L-7.501

The Florida Division of Workers' Compensation submitted a Notice of Development of Rulemaking for Rules 69L-7.020, 69L-7.100, and 69L-7.501, F.A.C. Rule development workshops will be held on Friday, August 25, 2017 at the times listed below at 2012 Capital Circle, SE, Room 102, Hartman Building. All times are Eastern Daylight Time.

9:00 AM - 10:30 AM, 69L-7.501, Florida Workers' Compensation Reimbursement Manual for Hospitals, 2017 Edition

10:30 AM - 12:00 PM, 69L-7.100, Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers, 2017 Edition

1:00 PM - 2:30 PM, 69L-7.020, Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2017 Edition

The official Notice of Rule Development appeared in the Volume 43, Number 156 of the Florida Administrative Weekly, published on August 11, 2017. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the notice containing the preliminary text of the proposed Rules may be found through the following link. https://www.flrules.org/gateway/View_Notice.asp?id=19285751

Draft versions of the reimbursement manuals may be found at the following links.

Draft of the Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2017 (www.myfloridacfo.com/Division/WC/pdf/69L-7.020%20Health%20Care%20Provider%20Reimbursement%20Manual.pdf)

Draft of the Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers, 2017 (www.myfloridacfo.com/Division/WC/pdf/69L-7.100%20Ambulatory%20Surgical%20Center%20Reimbursement%20Manual.pdf)

Draft of the Florida Workers' Compensation Reimbursement Manual for Hospitals, 2017 (www.myfloridacfo.com/Division/WC/pdf/69L-7.501%20Hospital%20Reimbursement%20Manual.pdf) 

Florida Division Publishes Presentation Powerpoints

The Florida Division of Workers' Compensation recently participated in the 72nd Annual Workers' Compensation Educational Conference with the Workers' Compensation Institute, in Orlando, Florida.  The Division's breakout session included the following topics: Legislative and Rule Updates, Claims-Handling from the Regulatory Perspective, Use of Regulatory Data, and Medical Services Updates.  If you were unable to attend or would like to view the presentations, the Division power point has been published as a .PDF on the Notices tab at http://www.myfloridacfo.com/Division/WC/pdf/2017-WCI-Division-Presentation.pdf.  Please contact Brittany O'Neil at 850-413-1927 with any questions.

Authorization Procedures for Compounded Drugs

A news article was recently published on the authorization procedures for compounded drugs in the 2016 Edition of the Florida Workers' Compensation Health Care Provider Reimbursement Manual (HCPRM) that went into effect on July 1, 2017.   The information contained in the article may have led to a misunderstanding of the applicability of this new provision in the HCPRM.  The HCPRM defines the dispensing of compounded drugs, regardless of the cost of the compounded drugs, as a specialty service under paragraph 440.13(3)(i), F.S.  .  For any further questions related to this subject or other medical service topics, please email

WorkersComp.MedService@myfloridacfo.com.

Meet the Regulators at WCI 2017

The Florida Division of Workers' Compensation, in conjunction with the Workers' Compensation Institute, is pleased to provide the opportunity for attendees to individually meet and speak with Division staff at the 72nd Annual Workers' Compensation Educational Conference about regulatory issues that are important to your company. This year we will offer two options for stakeholder assistance "Ask The Regulator" and "EDI On Demand."

Ask The Regulator: These one-one-one meetings will help maximize your time at the conference and provide the Division with an informal setting to interact with workers' compensation stakeholders.  The meetings will be held on Tuesday, August 8, between 8:30 am - 11:30 am in the Tampa room at the Orlando World Center Marriott. Go to Florida DWC regulator (www.wci360.com/conference/ask-the-regulators) to schedule an appointment and identify the issues you would like to discuss with the Division.  This will ensure that the Division has the appropriate staff available to answer your questions. An email will be sent to you confirming the time.

EDI On Demand: These EDI Triage & Training sessions are available upon email request and will provide access to Division staff on any EDI related issues and processes.  Please email Lisel.Laslie@myfloridacfo.com to request a session.  The meetings will be held on Tuesday, August 8, in the St. Louis room at the Orlando World Center Marriott. An email will be sent to you confirming your meeting time.

Contact Brittany O'Neil, Policy Coordinator, Division of Workers' Compensation, 850-413-1927, email Brittany.oneil@myfloridacfo.com. 

Division Rule on Florida Compound Drugs

New section in 2016 Health Care Provider Reimbursement Manual, effective July 1, 2017, defines the dispensing of compound drugs as a specialty service.

Carriers, health care providers, and pharmacists should take note of a new section on page 37 of the 2016 Edition of the Health Care Provider Reimbursement Manual, effective July 1, 2017.  This new section defines the dispensing of compound drugs as a specialty service within the meaning of paragraph 440.13(3)(i), F.S.  Paragraph 440.13(3)(i), F.S. states in part, "Notwithstanding (d), a claim for specialist consultations, surgical operations, physiotherapeutic or occupational therapy procedures, X-ray examinations, or special diagnostic laboratory tests that cost more than $1,000 and other specialty services that the department identifies by rule is not valid and reimbursable unless the services have been expressly authorized by the carrier, unless the carrier has failed to respond within 10 days to a written request for authorization, or unless emergency care is required."

To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/

Assessment Rate Announcement

Assessment Rates for the Florida Workers' Compensation Administration Trust Fund (WCATF) and the Special Disability Trust Fund (SDTF):

The Florida Department of Financial Services, Division of Workers' Compensation (DWC) issued an Informational Bulletin (DFS-02-2017). The Bulletin advises insurers, self-insurers and other related stakeholders that Florida's Chief Financial Officer has issued an Order (Case No. 208019-17-WC) setting the Florida Workers' Compensation Administration Trust Fund (WCATF) assessment for Calendar Year 2018. The rate has been reduced from 1.25% to 0.97%.

The Florida Department of Financial Services, Division of Workers' Compensation issued another Informational Bulletin (DFS-01-2017). The Bulletin advises insurers, self-insurers and other related stakeholders that Florida's Chief Financial Officer has issued an Order (Case No. 208013-17-WC) setting the assessment rate for the Special Disability Trust Fund (SDTF) for Calendar Year 2018.  The SDTF rate has been reduced from 1.09% to 0.91%.

By actively managing the funds' expenses, assets, future funding needs and giving consideration of all appropriate economic data, the DWC was able to reduce the assessment rate for both trust funds.

The informational bulletin and Assessment Rate Orders are available on the Division's web site: http://www.myfloridacfo.com/Division/WC/bulletins.htm.  And the rates are available at: http://www.myfloridacfo.com/division/wc/rates.htm.

Please contact Gene Smith at (850) 413-1644 for additional information.

To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/

New Florida Reimbursement Manual Published

The Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2016 Edition will become effective July 1, 2017.  

See the following page to access the manual:  

http://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Manuals/Default.htm

Florida DWC proposing change to 69L-31

The Florida Division of Workers' Compensation submitted a Notice of Change for Chapter 69L-31, Florida Administrative Code.  The changes to the proposed rules are in response to oral testimony and written comments submitted to the Department by interested parties and to written comments submitted to the Department by the staff of the Joint Administrative Procedures Committee.  The proposed rules include certain technical changes and clarifications.  Changes are also made to Forms DFS-F6-DWC-3160-0023 (Petition for Resolution of Reimbursement Dispute) and DFS-F6-DWC-3160-0024 (Carrier Response to Petition for Resolution of Reimbursement Dispute).

The official Notice of Change appeared in the Volume 43, Number 85 of the Florida Administrative Weekly, published on May 2, 2017.  If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the Notice of Change may be found here: https://www.flrules.org/gateway/View_Notice.asp?id=18916278 

Florida Three Member Panel to Meet Wednesday, April 19, 2017

The Florida Department of Financial Services, Division of Workers' Compensation announces a public meeting of the Three-Member Panel that will be held on Wednesday, April 19, 2017, beginning at 10:00 a.m., in room 116 of the J. Edwin Larson Building located at 200 East Gaines Street, Tallahassee, Florida. 

The purpose of the meeting is to review and adopt the 2017 editions of the Health Care Provider Reimbursement Manual, Hospital Reimbursement Manual, and the Ambulatory Surgical Center Reimbursement Manual. Public comment will also be received. The meeting agenda and the drafts of the respective reimbursement manuals will be available on the Florida Division of Workers' Compensation website.

Materials related to this public meeting will be posted at the following link, under the Notices Tab, when available.  http://www.myfloridacfo.com/Division/WC/noticesRules.htm

The official Notice of this meeting appeared in Volume 43, Number 58 of the Florida Administrative Weekly, published on March 24, 2017.:  https://www.flrules.org/BigDoc/View_Faw.asp?IID=2329

If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

Rule 69L-6.015, F.A.C.,

The Florida Division of Workers' Compensation has adopted Rules 69L-6.015 and 69L-6.027, Florida Administrative Code.  The rules became effective on March 21, 2017.

Rule 69L-6.015, F.A.C., deletes the requirement for corporations with exempt officers who are engaged in the construction industry to maintain written statements of those exempted persons acknowledging each such individual's exempt status.  Rule 69L-6.027, F.A.C. incorporates to the Penalty Worksheet the 25% penalty reduction for eligible employers and the reduced imputed payroll multiplier changes.

Both rules can be viewed at https://www.flrules.org/gateway/ChapterHome.asp?Chapter=69L-6

Changes for Rules 69L-6.015 and 69L-6.027

A Notice of Development of Rulemaking was published for proposed Rules 69L-6.015 and 69L-6.027, both for the Florida Administrative Code.  The notice provides that if requested in writing, a Rule Hearing will be held on Thursday, February 16, 2017, at 9:30 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

Chapter 2016-56, Laws of Florida, amended subsection 440.05(10), F.S., to delete the requirement that any corporation with exempt officers engaged in the construction industry must maintain written statements of those exempted persons acknowledging each such individual's exempt status.  The proposed amendment to Rule 69L-6.015, F.A.C., will also delete this requirement from the rule. Chapter 2016-56, Laws of Florida, also included legislative changes to the penalty requirements in subsection 440.107(7), F.S.  The changes include: (i) a 25% penalty reduction for non-compliant employers who have not previously been issued a stop-work order or penalty assessment order and who timely provide requested business records; and (ii) a reduction of the imputed payroll multiplier from twice the statewide average weekly wage to the pre-2014 level of one and one-half times the statewide average weekly wage.  The proposed amendment to Rule 69L-6.027, F.A.C., will incorporate these changes on the Penalty Calculation Worksheet.

The official Notice of Development of Rulemaking appeared in Volume 43, Number 16 of the Florida Administrative Register, published on January 25, 2017.

DWC rolls out tool for coverage seekers

The Division of Workers' Compensation has published an on-line tool that can help employers seeking coverage through a workers' compensation policy.  The Coverage Assistance Program (C.A.P.) allows employers to enter their primary class code or business description and search for Carriers actively insuring those job classes in Florida.  The search will also provide a count of the number of active policies.  While this information does not guarantee coverage will be provided, it is helpful for employers and their agents who are trying to locate workers' compensation insurance.

To access the CAP or find additional information related to securing coverage visit the Division's website at http://www.myfloridacfo.com/division/wc/Employer/obtaining.htm 

Florida Division Publishes Fraud and Non-Compliance Report

The Division of Investigative and Forensic Services, Bureau of Worker's Compensation Fraud and the Division of Workers' Compensation, Bureau of Compliance issued a joint report summarizing their respective efforts and activities in combating workers' compensation fraud and employer non-compliance.  The July 1, 2015 - June 30, 2016 report can be viewed at:  http://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Reports/DIFDWC-Annual-Report-2016.pdf

DWC proposed changes to EMAs, Rule 69L30 . . .

A Notice of Proposed Rule was published for 69L-30, Florida Administrative Code.  The notice provides that if requested in writing, a Hearing will be held on Tuesday, February 7, 2017, at 10:00 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

The purpose of the changes being made to Rules 69L-30.002, 69L-30.003, 69L-30.004, 69L-30.006, 69L-30.007, and 69L-30.010, F.A.C., are to reflect statutory changes allowing Judges of Compensation Claims to appoint Expert Medical Advisors, to update the address for the website on which application for Expert Medical Advisor certification is made, and to add final orders finding that a physician engaged in overutilization, as defined in section 440.13(8), Florida Statutes, to the list of final orders which disqualify a physician from eligibility for Expert Medical Advisor certification.

The official Notice of Proposed Rule appeared in Volume 43, Number 07 (https://www.flrules.org/bigdoc/default.asp) of the Florida Administrative Weekly, published on January 11, 2017. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator,  Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com.

A copy of the proposed Rule text may be found here: https://www.flrules.org/gateway/ruleNo.asp?id=69L-30.002

A copy of the published Notice may be found here: https://www.flrules.org/Gateway/View_notice.asp?id=18476771