Regulatory News

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 71st 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 23, 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 Divis...

In compliance with Section 440.51(1), F.S., the Florida Department of Financial Services, Division of Workers' Compensation issued an Informational Bulletin DFS-02-2016.  The Bulletin advises insurers, self-insurers and other related stakeholders that Florida's Chief Financial Officer has issued an "Order Setting Assessment Rate for Workers' Compensation Administration Trust Fund (WCATF) for Calendar Year 2017".  The Order (Case No. 190815-16-WC) set the assessment rate for the WCATF with respect to calendar year 2017.  The set rate has been reduced to 1.25%. The informational bulletin and (Assessment Rate) Orders are available on the Division's web site: http://www.myfloridacfo.com/Division/WC/bulletins.htm The rates are available at: http://www.myfloridacfo.com/division/wc/rates.htm To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/

NCCI Proposes Florida Workers Compensation Rate Increase Effective August 1, 2016   Overview of Castellanos Decision On April 28, 2016, the Florida Supreme Court issued an opinion in the case of Castellanos vs. Next Door Company, et al. , No. SC13-2082 (“ Castellanos ”) declaring S ection 440.34, Florida Statutes, unconstitutional.  The anticipated impact of the decision is the elimination of the statutory caps on claimant attorney fees and a return to hourly fees.   NCCI Proposes Rate Increase NCCI estimates that the first year impact of Castellanos will be an increase in overall Florida workers compensation system costs of 15%.  This estimate does not include the following:   ·         Impacts related to the First District Court of Appeal decision dated April 20, 2016 known as Miles v. City of Edgewater Police Department (“ Miles” ) declaring unconstitutional certain restrictions on claimant paid attorney fees....

Attention: Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers A Notice of Development of Rulemaking was published for 69L-31, Florida Administrative Code.  The notice provides that if requested in writing, a Rule Development Workshop will be held on Friday, June 10, 2016, at 9:30 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida. The Rules of 69L-31, F.A.C. are being amended which govern the process for resolution of disputes between workers' compensation carriers and health care providers. Revised forms are adopted. Rule 69L-31.005, F.A.C., is amended to provide greater detail regarding materials required to be included in a petition for dispute resolution. Rule 69L-31.008, F.A.C., is revised to provide clarity regarding computation of the time period to submit a petition for dispute resolution, including expanding the time period for submitting petitions for dispute resolution from 30 to 45 days. The time...

Attention: Employers A Notice of Development of Rulemaking was published for proposed Rules 69L-6.028 and 69L-6.035, both for the Florida Administrative Code. The notice provides that if requested in writing, a Rule Development Workshop will be held on Tuesday, June 7, 2016, at 2:00 P.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida. Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer's payroll 10 business days following the employer's receipt of the Department's request to produce business records. The amendment to Rule 69L-6.035, F.A.C., further defines remuneration to employees, adding language to address the validation of expense reimbursements; remuneration occurring on the day a stop-work order is issued; and employee classification code assignments for payroll calculation purposes. The proposed rule...

The Medical Services unit at the Division of Workers' Compensation has released its annual report. Much detail on reimbursement disputes. http://www.myfloridacfo.com/Division/WC/pdf/2015%20Annual%20Report%20ReimbDisputes.pdf

The Following is from an announcement provided by the Division. It is all direct quoted.   The 2015 Health Care Provider Reimbursement Manual is effective July 1, 2016 and is available on the Division's website at http://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Manuals/Default.htm Rule 69L-7.020, F.A.C., was adopted and published in the Florida Administrative Register, volume 41, number 145, July 28, 2015, and subsequently the 2016 Legislature ratified SB 1402 - Ratification of Department of Financial Services Rules.  If you have any questions, please contact Brittany O'Neil, Policy Coordinator with the Division of Workers' Compensation at 850-413-1927 or Brittany.oneil@myfloridacfo.com .