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S.F. No. 1293 - Workers Compensation Advisory Council Recommendations and Department of Labor and Industry Proposals (Second Engrossment)
 
Author: Senator Paul J. Utke
 
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: March 14, 2017



 

Article 1 - Department Proposals

Sections 1 and 2 [Medicare MS-DRG system] addresses Medicare’s delay in publishing its “PC-Pricer” by identifying the applicable PC-Pricer program to be used for workers’ compensation, requiring the Department of Labor and Industry to put the program on its Web site,  and providing that if Medicare does not update the PC-Pricer program, the department’s program remains in effect.  Moves the effective date of updates to the PC-Pricer for payment of workers’ compensation bills from January to October. Specifies the Medicare "grouper" program that must be used in conjunction with each version of the PC-Pricer to calculate the correct payment amount.

Section 3 [Filing] allows the Department of Labor and Industry to reject workers’ compensation documents that do not contain required information and to destroy duplicate documents.

Section 4 [Service of papers and notices; electronic filing] specifies how information filed electronically must be provided to other parties and when electronic signatures may be used on documents filed with the department. Allows workers’ compensation agencies to serve documents electronically.

Section 5 [Application of chapter to state employees] clarifies the participants of the workers’ compensation program for state employees.

Section 6 [Exceptions] clarifies the participants of the workers’ compensation program for state employees, to exclude the University of Minnesota, because the University operates its own program.

Section 7 [State may insure] updates references to the participants of the workers’ compensation program to include persons employed under the federal Workforce Innovation and Opportunity act and similar programs.

Section 8 [State departments] clarifies the participants of the workers’ compensation program for state employees, to exclude the University of Minnesota.

Section 9 [Repealer] repeals a subdivision specific to the Minnesota Historical Society, because the Historical Society is included in the definition of “state.”

Article 2 – Special Compensation Fund

Section 1 [Forbearance of amounts owed to the special compensation fund] addresses issues raised by decisions issued by the Minnesota Supreme Court in August, 2014, ruling that permanent total disability (PTD) benefits may not be reduced by the employee’s retirement benefits (other than social security retirement benefits).

Article 3 - Workers’ Compensation Intervention

Section 1 [Written motion] includes clarifying language regarding notification of an expedited hearing.

Section 2 [Stipulation] includes clarifying language.

Section 3 [Partial settlement] allows a compensation judge to approve a partial stipulation for settlement that does not settle one or more intervenor’s claims.

Section 4 [Rulemaking] directs the Office of Administrative Hearings to amend its intervention rules to conform to the amendments in Section 3. Provides an expiration date of December 31, 2018 for the rulemaking authority.

CDF/syl

 
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