2019 Maximum Comp Rate Florida

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 $939.41 for the four calendar quarters ending June 30, 2018.

Section 440.12(2), Florida Statutes (2018), 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, 2019, shall be $939.00.

Rules 69L-7.020 and 69L-7.100 - Health Care Provider Reimbursement Manual

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rule for Rules 69L-7.020 and 69L-7.100, F.A.C. Rule Hearings will be held on Tuesday, November 27, 2018, at the times listed below, at 2012 Capital Circle, SE, Room 102, Hartman Building. All times are Eastern.

SUBJECT AREA TO BE ADDRESSED:
Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2018 Edition.

02:00 p.m., Eastern,  69L-7.100, Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2018 Edition.

03:00 p.m., Eastern,  69L-7.020, Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition.

The official Notice of Proposed Rule appeared Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. 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 and preliminary text of the Rules may be found here.
• Draft versions of the reimbursement manuals may be found at the following links.
• Draft of the Florida Workers’ Compensation Health Care Provider Reimbursement Manual, 2018
• Draft of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers, 2018

Rule 69L-7.501 - Reimbursement Manual for Hospitals

The Florida Division of Workers' Compensation submitted a Notice of Development of Rulemaking for Rule 69L-7.501, F.A.C.  A rule development workshop will be held on Tuesday, November 27, 2018, at 1:00 p.m., Eastern, at 2012 Capital Circle SE, Room 102, Hartman Building.

SUBJECT AREA TO BE ADDRESSED:

Florida Workers’ Compensation Reimbursement Manual for Hospitals, 2018 Edition

The official Notice of Development of Rulemaking appeared in Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. 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 and the preliminary text may be found here.
• Draft version of the reimbursement manual may be found here.

Rule 69L-31 Hearing Notice

The Florida Division of Workers' Compensation submitted Notice of Proposed Rule for 69L-31, F.A.C.  A hearing will be held Tuesday, November 27, 2018, 11:00 a.m., Eastern, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

SUBJECT AREA TO BE ADDRESSED: Procedures for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers.

Please note that the Division encourages all parties to provide details regarding any potential economic or cost impact related to the proposed rule.

The official Notice of Proposed Rule appeared in appeared Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. 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 and text of the proposed Rule may be found here.
• A copy of the Draft Petition Form may be found here.
• A copy of the Petition Response Form may be found here.

Florida Division Notices Proposed Rule - Grievous Harm

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rule for Rule 69L-3.009, F.A.C.  If requested within 21 days of the notice, a hearing will be held on Tuesday, November 27, 2018, 9:00 a.m. ET, at the Hartman Building Room 102, 2012 Capital Circle SE, Tallahassee, FL 32301.

A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience.

If you have questions about the contents of this notice, please contact Brittany O’Neil, Policy Coordinator, Division of Workers' Compensation at (850) 413-1927 or brittany.oneil@myfloridacfo.com.

Rule draft:
69L-3.009 Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience. Pursuant to section 112.1815(5), F.S., for purposes of determining the compensability of employment-related posttraumtic stress disorder for first responders, the following injuries qualify as grievous bodily harm of a nature that shocks the conscience: 
(1) Decapitation (full or partial), 
(2) Degloving, 
(3) Enucleation, 
(4) Evisceration. 
(5) Exposure of one or more internal organs, 
(a) Brain, 
(b) Heart, 
(c) Intestines 
(d) Kidneys, 
(e) Liver, or 
(f) Lungs 
(6) Impalement, 
(7) Severance (full or partial), and 
(8) Third degree burn on 9% or more of the body 

Rulemaking Authority 112.1815(5)(f), 440.591, FS. Law Implemented 112.1815, FS. History-New.

*Emergency Order 234790-18-EO : MICHAEL10152018*

On October 14, 2018, Governor Rick Scott directed Florida Insurance Commissioner David Altmaier to take every action authorized pursuant to Executive Order 18-276 to provide additional protections to support recovery efforts as it relates to Hurricane Michael’s impact on Florida families as well as Florida policyholders.

On October 15, 2018, Commissioner Atlmaier issued the following Emergency Order enacting those protections for Florida policyholders:

https://floir.com/sitedocuments/234790-18-EO_Hurricane%20Michael_Suspension_of_Certain_Rules.pdf

In response to the Emergency Order, the Florida Division of Workers’ Compensation will review policies reported since September 27, 2018 and automatically extend coverage for the policies in the affected counties in accordance with the time frames set forth in the Order.

SDTF Annual Status Report Filed

The Special Disability Trust Fund, within the Department of Financial Services – Division of Workers’ Compensation, is required by Section 440.49(8)(d), Florida Statutes, to report, annually, on the status of the Fund to the Governor, the Speaker of the House of Representatives and to the President of the Senate. This report is required to be produced by an independent actuary and is now available on the reports page of the DWC website along with all prior annual reports. The link below will take you to the current report.

https://myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Reports/Florida-Special-Disability-Trust-Fund-Actuarial-Review-063018.pdf

If you have any questions about this report or about the Fund in general, please contact Tom Krick, Fund Manager, at (850) 413-1651 or by email at Tom.Krick@Myfloridacfo.com