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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

Notices, New Rules, and Draft Rules

Notices
  • The Florida Division of Workers' Compensation will be holding a rule development workshop on Thursday, October 16, 2014 at 9:00 am in Room 102 of the Hartman Building, which is located at 2012 Capital Circle Southeast, Tallahassee, Florida. The Division has issued a Notice of Proposed Rulemaking via the Florida Administrative Register (FAR) for Rule Chapter 69L-6.026 Periodic Reports, and a Notice of Proposed Rule Development for Rule Chapter 69L-6.029 Employer Worksites, Florida Administrative Code (F.A.C.).

    Rule Chapter 69L-6.026, Florida Administrative Code, requires employers who are issued stop-work orders, where the assessed penalty exceeds $50,000, to file quarterly compliance reports with the Division of Workers' Compensation. The statutory language in section 440.107(7)(a), Florida Statutes, requiring employers to file quarterly reports has been repealed. Given the elimination of the need to file such reports, the rule, likewise, is now unnecessary. The official Notice of Proposed Rulemaking appeared in Volume 40, Number 187 of the FAR.

    Rule Chapter 69L-6.029, Florida Administrative Code, is being amended to implement applicable sections of Chapter 2014-109, Laws of Florida. Chapter 2014-109, Laws of Florida, amends section 440.107, Florida Statutes. This provision of Chapter 2014-109, Laws of Florida, after receipt of a written request from the DFS, increases the time within which an employer must produce requested business records or be subject to a Stop-Work Order from five (5) business days to ten (10) business days. The bill became effective July 1, 2014. The official Notice of Proposed Rule Development appeared in Volume 40, Number 187 of the FAR.

    If you have questions about the contents of this communication, please contact Robin Delaney, Chief, Bureau of Compliance, Division of Workers' Compensation, at (850) 413-1775 or Robin.Delaney@myfloridacfo.com.

  • The Florida Division of Workers' Compensation submitted a Notice of Change regarding Rule 69L-7.501, F.A.C., Florida Workers' Compensation Reimbursement Manual for Hospitals. Please see Volume 40, No. 184, September 22, 2014 issue of the Florida Administrative Register (F.A.R.) for a complete copy of the Notice of Change.

    The following changes are made:

    • Changed certain statutory citations and rule references consistent with written comments received from the Joint Administrative Procedures Committee.
    • Revised the "Base Rates" in Appendices B and C consistent with the terms of a Settlement Agreement between the Petitioners and the Department to resolve rule challenge litigation. In short, the threshold number of bills required to establish a "Base Rate" was increased from twenty (20) to forty (40). This resulted in a revised set of "Base Rates".
    • Specified a proposed effective date of January 1, 2015.

    This Notice of Change applies to the Notice of Proposed Rulemaking which appeared in Volume 40, Number 23, of the F.A.R.

    If you have questions about the contents of this communication, please contact Pam Macon, Bureau Chief, Bureau of Monitoring & Audit, Division of Workers' Compensation at (850) 413-1608 or pamela.macon@myfloridacfo.com.

New Rules
  • The Florida Department of Financial Services, Division of Workers' Compensation has adopted the Florida Workers’ Compensation Reimbursement Manual for Hospitals rule (Rule Chapter 69L-7.501, Florida Administrative Code). The purpose and effect of the rule is to amend the rule to adopt by reference the 2014 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals, replacing the 2006 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals in the existing rule. The rule has an effective date of Thursday, January 1, 2015.

    You may find the Rule at https://www.flrules.org/gateway/ruleNo.asp?id=69L-7.501.

  • The Florida Department of Financial Services, Division of Workers' Compensation Notice of Adopted Rule:

    • Rule 69L-4.001, F.A.C. Reporting Assessment Information and Paying Assessments
    • Rule 69L-4.002, F.A.C. Offsets for Dividends and Premium Refund

    Summary:

    Rule 69L-4.001 adopts a spreadsheet form that is be used by all carriers and self-insurance funds to quarterly report to the Department all assessments owed to the WCATF and SDTF pursuant to Sections 440.49(9) and 440.51, F.S. The Department will provide the form to all active carriers and self-insurance funds no later than five days prior to the expiration of each calendar quarter. All carriers and self-insurance funds must return an accurately completed form and pay all assessments due to the WCATF and SDTF no later than 30 days from the end of the calendar quarter for which the form applies.

    Rule 69L-4.002 provides that for the purposes of its quarterly WCATF assessment, a carrier or self-insurance fund may offset from its total of premium collected during the quarter, all amounts actually paid or credited to policyholders for dividends and returned premiums during the quarter regardless of the calendar year the policy incepted. For the purpose of its quarterly SDTF assessments, a carrier or self-insurance fund may offset from its total amount of premiums written during the quarter, all amounts actually paid or credited to policyholders for dividends and returned premiums during the quarter regardless of the calendar year the policy incepted. If the Department determines that a carrier or self-insurance fund has overpaid its annual WCATF or SDTF assessment, the amount of any actual overpayment deposited into the State Treasury may, at the option of the carrier or self-insurance fund, be carried forward as a dollar-for-dollar credit against future assessment liabilities or be refunded by the Department. No carrier or self-insurance fund shall be entitled to credits that exceed the assessments amounts paid for the specific calendar year to which the assessments apply.

    The Florida Department of Financial Services, Division of Workers’ Compensation has adopted Rule 69L-4.001, F.A.C., Reporting Assessment Information and Paying Assessments. This rule was adopted June 2, 2014, and will be effective on June 22, 2014. This rule can be viewed at the following link: Rule 69L-4.001. Rule 69L-4.002, F.A.C., Offsets for Dividends and Premium Refund. This rule was adopted June 2, 2014, and will be effective on June 22, 2014. This rule can be viewed at the following link: Rule 69L-4.002 . If you have any questions about this communication please contact Greg Jenkins, Chief, Bureau of Financial Accountability, Division of Workers’ Compensation, Department of Financial Services: 200 East Gaines Street, Tallahassee, Florida 32399-4221, (850) 413-1630 or by email at: Greg.Jenkins@myfloridacfo.com.

  • The Florida Department of Financial Services, Division of Workers' Compensation Notice of Adopted Rule:

    -Rule 69L-5.209, F.A.C. Financial Statements Reporting
    -Rule 69L-5.215, F.A.C. Parental Guaranty
    -Rule 69L-5.219, F.A.C. Excess Insurance
    -Rule 69L-5.225, F.A.C. Requirements

    The Florida Department of Financial Services, Division of Workers Compensation has adopted Rule 69L-5.209, F.A.C., deleting references to a Current or Former Self-Insurer’s Net Worth requirements, with regards to Financial Statements Reporting requirements; the adopted rule is renumbered, accordingly. Rule 69L-5.225, F.A.C., is amended to provide guidance to Current and Former Self-Insured entities regarding purpose-specific distinctions in methodologies used when determining a self-insured’s Net Worth. Rule 69L-5.219, F.A.C., is amended to increase a self-insurer’s maximum per occurrence retention from the greater of $500,000 or 1% of the self-insurer’s net worth to the greater of $600,000 or 1.5% of the self-insurer’s Net Worth, and to clarify factors that the Department must consider when reviewing a Current Self-Insurer’s request for a higher self-insured retention. The aforementioned changes are made to reflect inflation in the costs of claims and to provide self-insurers with a measure of control over premium costs for excess insurance. Rule 69L-5.215, F.A.C., is amended to delete erroneous references to Rule 69L-5.209, F.A.C., and to make certain technical changes.

    SUMMARY: The rule provides guidance to current, former and prospective self-insurers regarding allowable, purpose-specific methods for use when determining a self-insured’s Net Worth. The rules also provides for an increase in the maximum dollar-amount (and, in the alternative an increase in the percentage-amount of a self-insured’s net worth) of a self-insured’s per occurrence retention rate. The rule increase in the maximum amount of the per occurrence retention rate provides self-insurers with a measure of flexibility in controlling the costs of excess insurance.

    The rule was adopted on April 23, 2014 and will be effective on May 13, 2014. If you have questions about the contents of this rule, please contact Dwayne Manning, Insurance Administrator, Bureau of Financial Accountability, Division of Workers' Compensation at (850) 413-1784 or Dwayne.Manning@Myfloridacfo.com.

Draft Rules
  • The Florida Division of Workers' Compensation will be holding a rule development workshop on Wednesday, December 10, 2014 at 9:30 am in Room 102 of the Hartman Building, which is located at 2012 Capital Circle Southeast, Tallahassee, Florida. The Division has issued a Notice of Proposed Rule Development for the following Rule Chapters:

    69L-6.027 – Penalty Calculation Worksheet,
    69L-6.028 – Procedures for Imputing Payroll and Penalty Calculations, and
    69L-6.035 – Definition of Payroll for Calculating Penalty

    The amendment to Rule 69L-6.027 revises a penalty calculation worksheet to provide the premium credit for the initial payment of premium made to secure coverage against an assessed penalty and to adjust the penalty look back period and the penalty multiplier to conform to statutory changes. The amendment to Rule 69L-6.028 changes the time frame to impute the employer’s payroll in the absence of business records from 20 to 28 days after receipt of the department’s request to produce records, and changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to section 440.107, Florida Statutes as it now reads. Also, the timeframe for the employer to provide additional records is revised to twenty business days after the service of the first amended order of penalty assessment. The amendment to Rule 69L-6.035 also changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to section 440.107, Florida Statutes as it now reads. Additionally the amendments change citations in Rules 69L-6.028 and 69L-6.035 to reflect the current convention of naming to the specific subdivision cited.

    The official Notice of Proposed Rulemaking appeared in Volume 40, Number 227 of the FAR. The proposed draft revisions can be viewed at: NOTDEV11-20-2014

    If you have questions about the contents of this communication, please contact Robin Delaney, Chief, Bureau of Compliance, Division of Workers' Compensation, at (850) 413-1775 or Robin.Delaney@myfloridacfo.com.

  • The Florida Division of Workers' Compensation submitted a Notice of Change regarding Rule 69L-7.501, F.A.C., Florida Workers' Compensation Reimbursement Manual for Hospitals. Please see Volume 40, No. 184, September 22, 2014 issue of the Florida Administrative Register (F.A.R.) for a complete copy of the Notice of Change.

    The following changes are made:

    • Changed certain statutory citations and rule references consistent with written comments received from the Joint Administrative Procedures Committee.
    • Revised the "Base Rates" in Appendices B and C consistent with the terms of a Settlement Agreement between the Petitioners and the Department to resolve rule challenge litigation. In short, the threshold number of bills required to establish a "Base Rate" was increased from twenty (20) to forty (40). This resulted in a revised set of "Base Rates".
    • Specified a proposed effective date of January 1, 2015.

    This Notice of Change applies to the Notice of Proposed Rulemaking which appeared in Volume 40, Number 23, of the F.A.R.

    If you have questions about the contents of this communication, please contact Pam Macon, Bureau Chief, Bureau of Monitoring & Audit, Division of Workers' Compensation at (850) 413-1608 or pamela.macon@myfloridacfo.com.

  • The Florida Division of Workers’ Compensation will be holding a rule development workshop on Thursday July 17, 2014 from 10:00 am to 12:00 pm in room 102 of the Hartman Building, which is located at 2012 Capital Circle Southeast, Tallahassee, Florida.

    The Division has issued a Notice of Development of Rulemaking via the Florida Administrative Register (FAR) for Rule Chapter 69L-30, Florida Administrative Code (F.A.C.), Expert Medical Advisors. The rule chapter is amended to make use of more efficient language and practices where appropriate as it pertains to Expert Medical Advisor (EMA) certification. Proposed revisions include the introduction and modification of certain definitions related to EMA certification; allowing the Division to select and assign temporary EMAs, as needed by the Division in fulfillment of its duties and responsibilities; revising the documentary requirements that must be met to support an application for certification; providing a process for online filing of certification applications; establishing an EMA tutorial for applicants; and increasing EMA reimbursement from $200 per hour to $300 per hour for EMA services contracted by the Department.

    The official Notice of Development of Rulemaking appeared in Volume 40, Number 123 of the FAR. If you have questions about the contents of this communication, please contact Eric Lloyd, Medical Services Section, Bureau of Monitoring & Audit, Division of Workers' Compensation at (850) 413-1689 or Eric.Lloyd@myfloridacfo.com.

    The following document contains the complete proposed draft revision: 69L-30-full-revision-NOTDEV5-12-2014

  • The Florida Division of Workers’ Compensation will be holding a rule development workshop on Wednesday June 18, 2014 from 9:00 am to 12:30 pm in room 102 of the Hartman Building, which is located at 2012 Capital Circle Southeast, Tallahassee, Florida.
    The Division has issued a Notice of Development of Rulemaking via the Florida Administrative Register (FAR) for Rule 69L-7.710, Florida Administrative Code (F.A.C.), Florida Workers’ Compensation Medical Services Billing, Filing and Reporting Rule (this rule was formerly known as Rule 69L-7.602, F.A.C.). The proposed rule revision represents a substantial rewrite and reorganization of Rule 69L-7.710, F.A.C.
    The official Notice of Development of Rulemaking appeared in Volume 40, Number 107 of the FAR. If you have questions about the contents of this communication, please contact Eric Lloyd, Medical Services Section, Bureau of Monitoring & Audit, Division of Workers' Compensation at (850) 413-1689 or Eric.Lloyd@myfloridacfo.com.
    The documents for the Billing Rule workshop are:
    • 69L-7.710--.750 - NOTDEV 6-2-2014 - This is the notice and proposed rule language for dividing 69L-7.710 into multiple rules.
    • 69L-8.074 - NOTDEV 6-2-2014 - This is the proposed language that would move 69L-7.710(3), Materials Incorporated by Reference, into a new section (Rule 69L-8.074).
    • MEIG Rev F 2014 6-3-2014 - This is the proposed Medical EDI Implementation Guide, Revision F (MEIG, Rev. F).
    • 2014 Draft Billing Rule Revision - Strike Through Version - This illustrates the revision in a more user friendly way. While the revision shows as all new language, it really has only been revised. So, this document shows the revision as strike-through language to emphasize the parts that have been revised. This document is for informational purposes only and does not conform precisely to rulemaking guidelines.
  • The rule hearing on Rule 69L-7.501, Florida Administrative Code, has been requested and will be held as scheduled. The Florida Division of Workers' Compensation submitted a Notice of Proposed Rulemaking for Rule 69L-7.501, F.A.C., Florida Workers' Compensation Reimbursement Manual for Hospitals. The Notice, which appeared in the Tuesday, February 4, 2014 edition of the Florida Administrative Register (FAR), provides that, if requested in writing, a rule development hearing would be held on Tuesday, March 4, 2014 at 10:00 a.m., Eastern Standard Time (EST) at 2012 Capital Circle, SE, Room 102, Hartman Building. The purpose of the proposed rule hearing is to allow public comment on the proposed changes to the current hospital rule. The changes would adopt by reference the 2014 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals, replacing the 2006 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals in the existing rule. The 2014 Edition of the Florida Workers’ Compensation Reimbursement Manual incorporates a fee schedule for certain hospital outpatient services within defined geographic areas in Florida utilizing current procedural terminology (CPT) line level charge data. The methodology for the incorporated fee schedule establishes criteria to evaluate 18 months of hospital outpatient bill data. In addition, the manual increases the current inpatient surgical and non-surgical per diem amounts by 16.5% and raises the current stop-loss threshold by 16.5%. Finally, the 2014 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals makes technical changes to include a new manual format, and expanded table of contents and chapters organized by topic.
    Please note the date of the proposed hearing. Notices in the FAR post in two places. On February 4, 2014, the FAR contained a conflict in that the two locations did not list the same proposed meeting date. By close of business on February 5, 2014, the FAR had been corrected by the Florida Department of State to reflect the accurate date, i.e., March 4, 2014, if requested. Please review your calendar and make sure that you have noted the correct date.
    The official Notice of Proposed Rulemaking appeared in Volume 40, Number 23 of the FAR. If you have questions about the contents of this communication, please contact Eric Lloyd, Program Administrator, Office of Medical Services, Bureau of Monitoring & Audit, Division of Workers' Compensation at (850) 413-1689 or Eric.Lloyd@myfloridacfo.com.