The California Division of Workers’ Compensation (DWC) has announced officially that it’s extending the emergency regulations for medical-legal evaluations through October 18, 2022. Keep reading to learn more.
The DWC Extends Emergency Regulations for Medical-Legal Evaluations
The California Division of Workers’ Compensation has confirmed that it’s extending the emergency regulations for medical-legal evaluations that have been in place since January 18, 2022.
According to the announcement, the regulations will now apply until October 18, 2022.
This is the first re-adoption of the emergency regulations. Once this re-adoption expires, the DWC can issue a second re-adoption if it deems it necessary.
However, the Division has stated that it plans to make these regulations permanent this year.
What You Need to Know About the Emergency Regulations
The DWC instituted emergency regulations at the beginning of 2022 as a response to the Omicron surge of the coronavirus pandemic.
Under these regulations, Qualified Medical Evaluators (QMEs) and Agreed Medical Evaluators (AMEs) can 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.
The text of the regulations define “telehealth” as remote visits via video-conferencing, video-calling, or similar technologies that allow each party to see and converse with the other via a video and audio connection.
Check our blog often for updates about this and other relevant topics about medical-legal evaluations and workers’ comp in California.
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