Administrative Rule Review Report  # AR09-004

Legislative Service Office

17-Mar-09

AGENCY: Department of Employment, Workers' Safety and Compensation Division.

DATE SUBMITTED: January 16, 2009.

SUBJECT: Chapter 6, Contested Case Proceedings and Chapter 9, Fee Schedules.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 27-14-802(a).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The Workers' Safety and Compensation Division administers the Wyoming Worker's Compensation Act.  The Division's Statement of Reasons provides an accurate and complete description of the rule changes.  Major changes include:

· Increase in compensation for members of the Workers' Compensation Medical Commission from $125 to $150 per hour;

· Increase in compensation to physicians by increasing per unit conversion factor;

· Payment for durable medical equipment is amended to include "implants";

· Clarification of  the Division's right to review and adjust provider bills based on usual and customary billings to other payors;

· Required documentation is specified to support billed charges;

· Three additional procedures are authorized and respective fees provided for surgery centers;

· Some rules are renumbered and reorganized.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda Cook

Staff Attorney

GWL/