DWC Plans Several Regulatory Changes
In a series of regulatory decisions, the Texas Department of Insurance, Division of Workers’ Compensation is extending an emergency rule relating to telemedicine and telehealth while also accepting public comments on revisions to proposed form interrogatories as well as its 2021 Research Agenda.
Telemedicine Emergency Rule
The Division is extending 28 Texas Administrative Code Section 167.1 (Rule 167.1), relating to telemedicine and telehealth. On April 13, 2020, DWC adopted this rule on an emergency basis, and it expires August 10, 2020.
This emergency rule builds on the existing telemedicine and telehealth rules by creating an exception to current CMS distant site practitioner requirements. This rule allows health care providers licensed to perform physical medicine and rehabilitation services, including physical therapists, occupational therapists, and speech pathologists to bill and be reimbursed for services currently allowed under CMS telemedicine and telehealth billing codes.
Health care providers must bill for telemedicine or telehealth services using the same billing, coding, reporting, and documentation requirements used for in-person services and include a place of service code “02 – telehealth” on the bill. Services will be reimbursed at DWC’s fee schedule rate or network contracted rate, whether provided in person or through telemedicine or telehealth. An originating site facility fee is not eligible for reimbursement.
Under the authority of Government Code Section 2001.034(c), Rule 167.1will be effective for 60 more days, through October 8, 2020.
The extension notice will be published in the August 21, 2020, issue of the Texas Register and will be available at www.sos.state.tx.us/texreg/index.shtml once published. The Division also intends to post the extension notice on its website.
Form Interrogatories
Since 1991, the Division has prescribed standard form interrogatories for use at benefit contested case hearings under Texas Labor Code §410.159. The form interrogatories are formal sets of questions that are used during discovery before a contested case hearing to obtain written responses from an opposing party. DWC adopted the form interrogatories by reference under 28 Texas Administrative Code §142.19.
In January 2020, the Division requested comments from system participants on the utility and sufficiency of the current interrogatories. After considering stakeholders’ comments and performing an internal review, DWC has posted draft revisions to the form interrogatories and draft amendments to §142.19 at:
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- Claimant’s Interrogatories to Insurance Carrier;
- Insurance Carrier’s Interrogatories to Claimant; and
- §142.19 draft amendments.
The Division has announced a virtual stakeholder meeting to discuss the interrogatories on September 2, 2020, at 10 a.m., Central Time, through Zoom. Information on how to connect to the meeting will be available at a future date on the DWC website.
DWC specifically requests comments on how the interrogatories might be better written using plain language and whether the interrogatories should be translated into Spanish. Email your written comments to RuleComments@tdi.texas.gov. The Division must receive your written comments by 5 p.m., Central time, on Friday, September 4, 2020. You may also mail or deliver your written comments to:
Cynthia Guillen
Legal Services, MS-4D
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
2021 Research Agenda
The Division is also accepting comments on the Proposed Fiscal Year 2021 Research Agenda for the Workers’ Compensation Research and Evaluation Group. Texas Labor Code §405.0026 requires the REG to prepare a research agenda each year for the commissioner of workers’ compensation to review, approve, and publish in the Texas Register.
The proposed agenda will be published in the August 21, 2020, issue of the Texas Register and available at www.sos.state.tx.us/texreg/index.shtml once published. Copies of the proposed research agenda are on the TDI website.
You may submit comments to RuleComments@tdi.texas.gov or mail them to:
Cynthia Guillen
Legal Services, MS-4D
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
The deadline to submit your comments or request a public hearing in writing is 5 p.m., Central Time, on September 21, 2020. Please email any questions on the proposed research agenda to Amy Lee at wcresearch@tdi.texas.gov.
If you have any questions on any of these matters, please contact James R. Sheffield, III at (512) 435.2169 (JRS@fol.com) or Bobby Stokes at (512) 435-2150 (rds@fol.com).