Progress
Signed 7/27/15
The General Assembly has ended, the current status is the final status.
Details
6/9/15
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION.
The purpose of this bill is to allow injured workers who seek medical care from out-of-state, non-certified health care providers, in the payment of their medical expenses. This revision will correct a flaw in the current statute that was exposed by the Delaware Supreme Court in the case of Wyatt v. Rescare Home Care, 81 A. 3d 1253 (Del. 2013) and Vanvliet v. D&B Transportation, 105 A.3d 390 (Del. 2014.). This bill removes the certification requirement for health care providers who are not licensed in Delaware, but licensed in another state; changes the allowable payment for these non-certified, out-of-state providers to the lesser of the usual and customary, the other state’s maximum reimbursement, Delaware’s maximum reimbursement, or a negotiated contract; and adds utilization review as a payer recourse for non-certified, out-of-state providers. This bill also allows the Workers’ Compensation Oversight Panel to realize the 2016 and 2017 mandated medical cost savings in the Delaware workers’ compensation system through any component of the health care payment system and not just the fee schedule. This bill also allows the Workers’ Compensation Oversight Panel to create regulations pertaining to the use of electronic billing in the workers’ compensation healthcare payment system.
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Favorable:
On its Merits:
Unfavorable: