Workers' compensation; fee schedules for medical and legal services. (HB378)

Introduced By

Del. Peter Farrell (R-Henrico) with support from 10 copatrons, whose average partisan position is:

Those copatrons are Del. Kathy Byron (R-Lynchburg), Del. Kirk Cox (R-Colonial Heights), Del. Tag Greason (R-Potomac Falls), Del. Bill Howell (R-Fredericksburg), Del. Chris Jones (R-Suffolk), Del. Terry Kilgore (R-Gate City), Del. Roslyn Tyler (D-Jarratt), Del. Jeion Ward (D-Hampton), Del. Lee Ware (R-Powhatan), Sen. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Workers' compensation; fee schedules for medical services. Directs the Workers' Compensation Commission (the Commission) to adopt regulations establishing fee schedules setting the maximum pecuniary liability of the employer for medical services provided to an injured person pursuant to the Virginia Workers' Compensation Act, in the absence of a contract under which the provider has agreed to accept a specified amount for the medical service. The regulations implementing the fee schedules shall become effective on January 1, 2018. The initial fee schedules will set amounts based on a reimbursement objective, which is the average of all amounts paid to providers in the same category of providers for the medical service in the same medical community. The Commission is required to retain a firm to assist it in establishing the initial fee schedules. The firm will recommend a methodology that will provide statistically valid estimates of the reimbursement objective for fee scheduled medical services within the medical communities. Reimbursements for medical services provided to treat traumatic injuries and serious burns are excluded from the fee schedules and liability for their treatment costs will be based, absent a contract, on 80 percent of the provider's charges. However, the required reimbursement will be 100 percent of the provider's charges if the employer unsuccessfully contests the compensability of the claim. The Commission is required to review and revise the fee schedules in the year after they become effective and biennially thereafter. The liability of the employer for certain medical services not included in a fee schedule will be set by the Commission. A stop-loss feature allows hospitals to receive payments or reimbursements that exceed the fee schedule amount for certain claims when the total charges exceed a charge outlier threshold, which initially is 150 percent of the maximum fee for the service set forth in the applicable fee schedule. Providers are prohibited from using a different charge master or schedule of fees for any medical service provided for workers' compensation patients than the provider uses for health care services provided to patients who are not claimants. The measure requires the Commission, when determining whether the employee's attorney's work with regard to a contested claim resulted in an award of benefits that inure to the benefit of a third-party insurance carrier or health care provider, and in determining the reasonableness of the amount of any fee awarded to an attorney, to consider only the amount paid by the employer or insurance carrier to the third-party insurance carrier or health care provider for medical services rendered to the employee through a certain date and not to consider additional amounts previously paid to a health care provider or reimbursed to a third-party insurance carrier. The Commission shall have an independent, peer-reviewed study conducted every two years. The regulations setting fee schedules are exempt from the Administrative Process Act if the Commission utilizes a regulatory advisory panel to assist in the development of such regulations and provides an opportunity for public comment on the regulations prior to adoption. The measure prohibits certain practices involving the use by third parties of contracts whereby a provider agrees to accept payment of less than the fee scheduled amount, including restricting the sale, lease, or other dissemination of information regarding the payment amounts or terms of a provider contract without the express written consent and prior notification of all parties to the provider contract and prohibiting an employer from shopping for the lowest discount for a specific provider among the provider contracts held in multiple PPO networks. The regulatory advisory panel is directed to make recommendations to the Commission prior to July 1, 2017, on workers' compensation issues relating to (i) pharmaceutical costs not previously included in the fee schedules; (ii) durable medical equipment costs not previously included in the fee schedules; (iii) certain awards of attorney fees; (iv) peer review of medical costs; (v) prior authorization for medical services; and (vi) other issues that the Commission assigns to it. The existing peer review provisions are repealed. The measure has an emergency clause. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/06/2016Prefiled and ordered printed with emergency clause; offered 01/13/16 16100358D
01/06/2016Referred to Committee on Commerce and Labor
01/14/2016Reported from Commerce and Labor (21-Y 0-N) (see vote tally)
01/15/2016Assigned to sub: Subcommittee General Government & Capital Outlay
01/15/2016Read first time
01/15/2016Motion to refer to committee agreed to
01/15/2016Referred to Committee on Appropriations
01/18/2016Assigned to sub: Compensation and Retirement
01/18/2016Assigned App. sub: Compensation and Retirement
02/11/2016Impact statement from DPB (HB378)
02/11/2016Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/12/2016Reported from Appropriations with amendments (22-Y 0-N) (see vote tally)
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee amendments agreed to
02/15/2016Engrossed by House as amended HB378E
02/15/2016Printed as engrossed 16100358D-E
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Impact statement from DPB (HB378E)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee on Commerce and Labor
02/22/2016Reported from Commerce and Labor (15-Y 0-N) (see vote tally)
02/24/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/25/2016Read third time
02/25/2016Passed Senate (40-Y 0-N) (see vote tally)
02/29/2016Enrolled
02/29/2016Bill text as passed House and Senate (HB378ER)
02/29/2016Impact statement from DPB (HB378ER)
02/29/2016Signed by Speaker
03/03/2016Signed by President
03/04/2016Enrolled Bill communicated to Governor on 3/4/16
03/04/2016G Governor's Action Deadline Midnight, March 11, 2016
03/07/2016G Approved by Governor-Chapter 279 (effective 3/7/16)
03/07/2016G Acts of Assembly Chapter text (CHAP0279)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.

Transcript

This is a transcript of the video clips in which this bill is discussed.

MR. SPEAKER, I MOVE ADOPTION OF THE COMMITTEE AMENDMENTS. THANK YOU, MR. SPEAKER, BEFORE THE COMPROMISE, AN ISSUE WE HAVE BEEN SEEING FOR YEARS NOW, WE SET UP A SCHEDULE FOR CLARITY AND WE'RE KEEPING THE REIMBURSEMENTS WHOLE. I MOVE THE HOUSE ENGROSS THE