Bureau of Workers’ Compensation (BWC) Refiles Rules

Recently the BWC filed a letter of intent to re-file rule 4123-6-08. This action removed from the Joint Commission on Agency Rule Review’s (JCARR ) agenda the consideration of the 2009 BWC Proposed Provider Fee Schedule. The impact of this action will be the delay of the implementation of the 2009 BWC proposed provider fees until the second week of February 2009 for selected BWC provider service codes.

The action to remove the rule from JCARR on Monday was taken as a result of a recent determination of a potential technical conflict if vocational rehabilitation services fees were included under rule 4123-6-08. Although there were differing perspectives relative to the potential conflict, BWC determined that the removal of the vocational rehabilitation services from this particular rule was the best approach so as to reduce the delay in implementing all other 2009 proposed fees.

On January 5, 2009, BWC will re-file the revised rule with JCARR, which will, by virtue of the filed letter of intent, maintain JCARR jurisdiction over the rule for an additional 30 days. JCARR will hold a hearing on the rule within the 30 days of the re-filing with an effective date 10 days thereafter. The revised rule will not contain local codes related to vocational rehabilitation services. Vocational rehabilitation service fees will be addressed pursuant to the resolution of the rule interpretation conflict.

If you have any questions regarding this announcement, please submit them to the following email address: medpol@bwc.state.oh.us