The California Division of Workers’ Compensation (DWC) plans to extend the emergency regulation beyond its current expiration date of July 18, 2022. Keep reading to learn more.
What You Need to Know
As we reported a couple of months ago, the California Division of Workers’ Compensation (DWC) adopted emergency regulations that allowed Qualified Medical Evaluators (QMEs) to carry out medical-legal evaluations using telehealth.
The regulations, which were instituted to limit the risk posed by the omicron surge of the coronavirus pandemic, were to remain in place from January 18, 2022, until July 19, 2022, but now the DWC is planning to extend them.
The Notice, Finding of Emergency, and text of the regulations to extend the effective date of these emergency regulations was filed for review with the state Office of Administrative Law (OAL) on July 8, 2022
Upon OAL approval and filing with the Secretary of State, the regulations will be in place for another 90 days. This would be the first readoption of the emergency measures. The DWC can issue a second readoption if it deems it necessary.
However, the Division plans to start rulemaking to make these regulations permanent within the next 90 days.
A Recap of the Emergency Regulations
Here’s a quick recap of the emergency regulations issued back in January.
In essence, the regulations allow QMEs and AMEs to perform medical-legal evaluations via telehealth so long as certain conditions are met.
Here, telehealth means 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
A QME or AME can perform a medical-legal evaluation using telehealth when a hands-on examination is not necessary and ALL the following four 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.
To learn more, read our previous post on the topic or check the original documents at the website of the State of California Department of Industrial Relations.
Practice IQ: Medical Legal Billing Services in California
Looking for dependable medical legal billing in California? Practice IQ is here to help.
We are located in Pomona, California, and serve clients all over the Golden State. Contact us today by telephone (424-433-5704) or email (piqusinfo@practiceiqusa.com), or fill out the contact form to learn more about our services.
