California’s Division of Workers’ Compensation (DWC) announced the decision to extend a second time the provisions related to the COVID-19 pandemic. Keep reading to learn more.
Emergency Regulations for Medical Legal Evaluations in California
At the beginning of 2022, the California Division of Workers’ Compensation (DWC) responded to the omicron surge of the COVID-19 pandemic by establishing emergency regulations that allow Qualified Medical Evaluators (QMEs) and Agreed Medical Evaluators (AMEs) to perform medical-legal evaluations via telehealth.
The regulations were originally set to expire on July 19, 2022. They were then extended through October 18, 2022, and now have been re-adopted until January 18, 2023.
In its official announcement, the California’s DWC notes that this is the “second and final re-adoption in accordance with Government Code section 11346.1(h).”
However, the organization also confirmed that it “has commenced rulemaking to make this regulation permanent.”
What Do The Emergency Regulations Say?
The DWC’s emergency regulations allow QMEs and AMEs to perform medical legal evaluations via telehealth when ALL the following conditions are met:
- There is a medical issue in dispute which involves whether or not the injury is AOE/COE (Arising Out of Employment/Course of Employment),
- There is agreement in writing to the telehealth evaluation by the injured worker, the carrier or employer, and the QME.
- The telehealth evaluation conducted by means of a virtual meeting is consistent with appropriate and ethical medical practices, as determined by the QME and the relevant medical licensing board.
- The QME attests in writing that the evaluation does not require an in-person physical exam.
If you are interested in learning more about medical legal evaluations in California, check out our previous blog: “California’s DWC Studies Proposal To Increase Time To Schedule Medical-Legal Evaluations.”
Practice IQ: Medical Legal Billing in California
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