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Division Director

Tanner Holloman

Assistant Director

Andrew Sabolic


Workers' Compensation
200 East Gaines Street
Tallahassee, FL 32399-0318
Workers' Compensation Claims
(800) 342-1741
Workers' Compensation Exemption/ Compliance
(850) 413-1609

Rule Changes & Notices

Draft Rules

Note: The Division has scheduled (0) Rule Workshops or Rule Hearings.

 

Past Workshops & Hearings

Type Rules Date Location
Rule Hearing
Not Requested-Not Held
69L-6.015
69L-6.027
Thursday, February 16, 2017, 9:30 a.m.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: Proposed 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. Proposed 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.

Proposed Rules 69L-6.015 and 69L-6.027
 
Type Rules Date Location
Rule Hearing
Not Requested-Not Held
69L-30, Expert Medical Advisors
Tuesday, February 7, 2017, 10:00 a.m.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary:  The proposed changes reflect statutory changes allowing Judges of Compensation Claims to appoint Expert Medical Advisors, update a website address, and update the list of final orders that disqualify a physician from Expert Medical Advisor certification.

A copy of the proposed Rule text may be found here

A copy of the published Notice may be found here
 
Type Rules Date Location
Rule Hearing 69L-31, Utilization and Reimbursement Dispute Rule
Thursday, January 5, 2017, 1:00 p.m.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: Rulemaking to amend rules governing the procedures for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers, identified under Rule Chapter 69L-31, F.A.C.

A copy of the proposed Rule text may be found here

A copy of the Notice may be found here

A copy of the draft Petition for Resolution of Reimbursement Dispute may be found here

A copy of the draft Carrier Response to Petition for Resolution of Reimbursement Dispute may be found here
 
Type Rules Date Location
Rule Workshop 69L-6.015, F.A.C.
69L-6.027, F.A.C.

Monday, December 19, 2016, 9:30 A.M.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: Proposed 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. Proposed 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.
 
Type Rules Date Location
Rule Workshop 69L-30, Expert Medical Advisors
Tuesday, December 6, 2016, 10:00 a.m.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: Rulemaking to amend rules governing Expert Medical Advisors (EMA), as listed under Rule Chapter 69L-30, F.A.C.

A copy of the proposed Rule text may be found here

A copy of the published Notice may be found here
 
Type Rules Date Location
Rule Development Hearing 69L-6.028 Procedures for Imputing Payroll and Penalty Calculations
69L-6.035 Definition of Payroll for Calculating Penalty
Tuesday, November 1, 2016 at 10:00 AM
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: 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 rule is also amended to reflect the statutory revision reducing the imputed payroll multiplier from 2 times to 1.5 times the statewide average weekly wage. Proposed Rule 69L-6.035, F.A.C., broadens the scope of remuneration to employees to include the validation of expense reimbursements; employee classification code assignments for payroll calculation purposes; and remuneration occurring on the day a stop-work order is issued. The proposed rule also provides guidance regarding the required documentation associated with the aforementioned forms of remuneration. The proposed rules also include additional technical changes.

https://www.flrules.org/gateway/RuleNo.asp?title=WORKERS'' COMPENSATION COMPLIANCE&ID=69L-6.028

https://www.flrules.org/gateway/RuleNo.asp?title=WORKERS'' COMPENSATION COMPLIANCE&ID=69L-6.035
 
Type Rules Date Location
Rule Development Hearing 69L-7.501, F.A.C.
69L-7.100, F.A.C.
69L-7.020, F.A.C.
Monday, October 24, 2016, at 9:00 A.M.
Monday, October 24, 2016, at 10:30 A.M.
Monday, October 24, 2016, at 1:00 P.M.
Room 102, Hartman Building, 2012 Capital Circle SE, Tallahassee, FL
Summary: 69L-7.501: The proposed rule is amended to adopt the 2016 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals (“Manual”), as approved by the Three-Member Panel during a scheduled meeting held on April 20, 2016, pursuant to paragraph 440.13(12)(a), F.S. The 2016 Edition of the Manual increases the per diem reimbursement rates for surgical and non-surgical hospital inpatient services and the threshold dollar amount triggering Stop-Loss reimbursement above reimbursement allowances specified in the 2014 Edition of the Manual, as adopted by the existing rule. The 2016 Edition of the Manual also provides an updated fee schedule for various categories of hospital outpatient services based on the Current Procedural Terminology (“CPT”) line level charge data, with an adjustment of the Maximum Reimbursement Allowance (“MRA”) based on the geographic location of the service provider.

69L-7.100: The proposed rule amendment incorporates and adopts for use the 2016 Edition of the Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers (“ASC Reimbursement Manual”), as approved by the Three-Member Panel on April 20, 2016, pursuant to paragraph 440.13(12)(a), F.S. The 2016 Edition of the ASC Reimbursement Manual contains an updated list of the Maximum Reimbursement Allowances (“MRAs”) for various medical services provided to Florida’s injured workers.

69L-7.020: The proposed rule amends the existing rule to adopt and incorporate by reference the 2016 Edition of the Florida Workers’ Compensation Health Care Provider Reimbursement Manual, as approved by the Three-Member panel on April 20, 2016, pursuant to paragraph 440.13(12)(a), F.S. The aforementioned manual is updated to incorporate the 2016 Medicare Conversion Factor and Resource Based Relative Value Scale (“RBRVS”) geographic-specific reimbursement levels used to determine Maximum Reimbursement Allowances (“MRAs”) for physician’s services and non-surgical hospital outpatient services provided to Florida’s injured workers.

A copy of the notice and link to the proposed Rules are below:

FL Workers’ Compensation Reimbursement Manual for Hospitals, 2016 Edition
FL Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2016 Edition
FL Workers’ Compensation Health Care Provider Reimbursement Manual, 2016 Edition

https://www.flrules.org/Gateway/View_notice.asp?id=18083436
https://www.flrules.org/Gateway/View_notice.asp?id=18083533
https://www.flrules.org/Gateway/View_notice.asp?id=18083630

 

New Rules

Note: This tab reflects Rules adopted within the past 6 months.

 

Notices

Date Subject
January 4, 2017 Three-Member Panel Meeting
Summary: 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, January 4, 2017, beginning at 3:00 p.m. in room 116 of the J. Edwin Larson Building located at 200 East Gaines Street, Tallahassee, Florida. This public meeting, to which all are invited, has been convened to facilitate the Panel's consideration of the following items:
- The Three-Member Panel 2017 Biennial Report
- The Division's Annual Report on the resolution of health care provider medical reimbursement disputes and activities (2016) conducted pursuant to s. 440.13(8), F.S.

Click here for meeting packet pdf

Notice of this public meeting appears in the Wednesday, December 21, 2016, issue of the Florida Administrative Register. To view the official (published) notice click on the following link: https://www.flrules.org/Gateway/View_notice.asp?id=18390441
 
Date Subject
December 20, 2016 Maximum Workers' Compensation Rate, Effective Jan. 1, 2017
Maximum Workers' Compensation Rate, Effective January 1, 2017

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 $886.46 for the four calendar quarters ending June 30, 2016.

Subsection 440.12(2), Florida Statutes (2016), 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, 2017 shall be $886.00.

DFS-03-2016 pdf
 
Date Subject
December 12, 2016 Court Decisions
Summary: The Division is closely following the activities associated with the recent 1st DCA and Supreme Court rulings. During the upcoming 2017 legislative session, laws impacting the workers’ compensation system may be addressed, therefore the Division will monitor any forthcoming changes prior to engaging in rulemaking activities or procedural changes related to these topics. We would like to assure all stakeholders that the Division stands ready to provide whatever support is necessary to ensure a healthy and viable system.
Links to the court cases can be found at:
 
Date Subject
August 24, 2016 2016 WCI Conference - DWC Breakout Presentation
Summary: The Florida Division of Workers' Compensation recently participated in the 71st 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, Audits and Carrier Compliance, Medical Services and EDI Updates. Please contact Brittany O'Neil at 850-413-1927 with any questions.

DWC Breakout Presentation pdf