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DWC Proposes Amended Compounding Rule

Jun 21, 2017 | by Flahive, Ogden & Latson

The Texas Division of Workers’ Compensation is accepting comments on an informal working draft of amended 28 Texas Administrative Code §§ 134.500, 134.530, and 134.540, available at http://www.tdi.texas.gov/wc/rules/drafts.html. The informal working draft was posted on the TDI-DWC website on June 16, 2017 and the comment period closes on July 7, 2017, at 5 p.m., Central time.

The proposed rules would amend the definition of closed formulary to exclude any prescription drug created through compounding, and require preauthorization for all prescription drugs created through compounding for claims subject to and not subject to certified networks.

The Division has emphasized that the proposed rule changes are not intended to prohibit the use of medically necessary compound medications in the workers’ compensation system. Rather, they are intended to ensure that injured employees have access to all health care reasonably required by the nature of the injury as and when needed.

The Division has indicated that it is particularly interested in receiving stakeholder comments on its proposal that the rule amendments will become effective on a date certain approximately sixty days after these amendments are finally adopted to allow a transition time for stakeholders affected by the proposed rule changes.

If you want to comment on the proposed revisions to the form, submit your written comments by 5:00 p.m. Central time on July 7, 2017. Send written comments by email to mailto: rulecomments@tdi.texas.gov or by mail to:

Texas Department of Insurance, Division of Workers’ Compensation
Maria Jimenez
Workers’ Compensation Counsel
MS – 4D 7551 Metro Center Drive, Suite 100 Austin, Texas 78744-1645

See the Division’s memo.

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