january 31, 2007 quarterly report october, november, … · 2007. 4. 24. · january 31, 2007...
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January 31, 2007
QUARTERLY REPORT October, November, December 2006
The following, as required by Act 1179 of 1999, is a report of activity by the ArkansasWorkers' Compensation Commission' s Health and Safety Division and the Medical CostContainment Division.
HEALTH AND SAFETY DIVISION
Ark. Code Ann. §11-9-409, as amended by Act 796 of 1993, established the Workers’Compensation Commission’s Health and Safety Division to launch educational programs;collect injury data; identify hazardous employers; monitor their progress with follow-upinspections; and monitor accident prevention programs of insurance carriers.
MEDICAL COST CONTAINMENT DIVISION
The Medical Cost Containment Division (MCCD) was established pursuant to Ark. Code Ann.§11-9-517 (1987) and is responsible for the implementation, revision, and compliance ofCommission Rules 30, 33, and 34. Rule 30 consists of an inpatient and outpatient medical feeschedule. Rule 33 is our managed care rule, and Rule 34 refers to the Impairment RatingGuide.
Quarterly Report
January 31, 2007
MEDICAL COST CONTAINMENT DIVISION
In the last quarter the following activities occurred regarding these rules:
Rule 30
Rule 30 was revised effective May 15, 2000. The AWCC adopted the Medicare RBRVSMedical Fee Schedule with Arkansas specific reimbursement multipliers. The new MedicalFee Schedule is available electronically from the AWCC Home Page. Since the Medical FeeSchedule is available electronically, we are no longer printing a medical fee schedule.Effective April 1, 2006, the Medical Fee Schedule reimbursement for anesthesia serviceswill be increased 11 percent, and an additional 11 percent April 1, 2007.
Administrative Review
Rule 30 contains an Administrative Review Process. This process allows providers orcarriers to request assistance from the Medical Cost Containment Division regarding disputes. Each administrative review requested consists of an investigation, desk audit by departmentstaff, and the issuance of an order, which determines the disputed issue. During this quarterthere were 32 review requests processed, 18 review requests granted, and 12 orders issued. The ongoing issues in dispute consist of nonpayment, untimely payment, penalty request, andreimbursement disputes.
Balance Billing
Rule 30 also contains a prohibition against balance billing by providers. The balance billingprocess involves: receipt of an allegation of balance billing by a claimant, carrier, employer,self-insured, etc.; notice being sent to all involved parties; an investigation; an audit; and adetermination order being issued. During this quarter, the MCCD received “zero” balancebilling allegations.
Investigations
There were 65 investigations completed in October, 50 in November, and 39 in December.
Quarterly Report
January 31, 2007
Rule 33
We have 12 certified Managed Care Organizations. We continue to receive inquiries fromself-insured employers regarding Internal Managed Care System certification, but we still havenot received any applications at this time.
Medical Reports
Medical Reports: As a result of a meeting held between the Chief Legal Advisor, the MedicalCost Containment Administrator, and the Chief Administrative Law Judge, the MCCD isobtaining medical records from the provider for carriers or employers that have been unable todo so. In the past the legal advisors would write to the provider requesting medical records. If the provider did not respond, then the Chief Administrative Law Judge would issue asubpoena in order to obtain the records. We thought perhaps there was another approach,especially since the MCCD staff has numerous medical contacts. We have thus far been ableto call the provider and obtain the records without any problems.
This quarter we received six (6) cases involving disputes about obtaining the medical records.
Change of Physicians
Change of Physician: To expedite Change of Physician (COP) requests and to comply withrecent legislative changes, new procedures and policies have been implemented. COPrequests are sent to the Clerk of the Commission, who then forwards them to the MCCD forprocessing. If an AWCC file has been established, the MCCD calls the carrier/self-insuredemployer to determine if a Managed Care contract exists. This call is followed with a letterwhich is faxed and mailed to all parties. When a response is received and a contract exists,the contract is reviewed to determine if it complies with Rule 33 and if appropriate internalpolicies were followed. MCCD will review the claimant’s medical records and determine anappropriate provider. An appropriate provider will be chosen on a case-by-case basis. If therequest is to the claimant’s treating physician, MCCD must determine if the provider meets thestatutory requirements for the regular treating physician. Once an appropriate provider ischosen, MCCD will determine that the provider is a member of either the carrier/employer’sMCO , if a contract exists, or a certified MCO if no contract exists. MCCD will contact theprovider and set up an appointment for the claimant. MCCD will issue an order stating this isthe claimant’s one-time-only change of physician. This order will contain the provider’s nameand appointment date. All parties will be copied. If either party objects to the MCCD order,it can appeal to an Administrative Law Judge.
This quarter the MCCD received 199 COP requests. MCCD issued 151 orders, and 53requests were either returned to open general files, withdrawn, controverted, resolved, orreturned to the Clerk of the Commission’s office for other action.
Quarterly Report
January 31, 2007
Audits
Requests are received from the ALJ Division as well as outside entities (i.e. , caseworkers,attorneys, etc.) for medical bill audits.
This quarter the MCCD received seven (7 ) audits.
Rule 34
Rule 34: There have been no changes at this time in Rule 34. Legislation was written toextend the legislative mandate regarding an impairment rating guide.
Speaking Engagements
Speaking Engagements: During this quarter no engagements/activities were attended.
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Workplace Fatalities Reported to AWCC2nd Quarter, FY 2007
During the 2nd Quarter, FY 2007, 16 fatalities were reported to the Arkansas Workers’ Compensation Commission, and all 16 occurred in Arkansas...
BooneBenton Carroll
Marion
Baxter FultonRandolph
Clay
GreeneLawrence
Izard Sharp
Craighead Mississippi
Poinsett
Cross
Crittenden
St. Francis
Lee
Washington Madison
Newton Searcy
Stone
Jackson
Independence
CleburneVan Buren
Pope
JohnsonFranklin
Crawford
Sebastian Logan
ScottYell
Conway
Perry
Faulkner Woodruff
White
Prairie
Miller
Phillips
Monroe
LonokePulaski
Saline
GarlandMontgomeryPolk
Sevier
HowardPike
HempsteadLittle River
Lafayette
Clark
Nevada
Columbia
Grant
Dallas
Ouachita
Calhoun
Union
Jefferson
Cleveland Lincoln
Bradley
Drew
Ashley Chicot
Desha
ArkansasHot Spring
1
1
1
1
3
1
2
1
23
AWCC Workplace Fatalities, FY Totals
0
20
40
60
80
100
FY 2003 FY 2004 FY 2005 FY 2006 FY 2007
Workplace Fatalities by Quarter
0
5
10
15
20
25
30
FY 2003 FY 2004 FY 2005 FY 2006 FY 2007
1st Q
2nd Q
3rd Q
4th Q
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Workplace Fatalities Reported to AWCC2nd Quarter, FY 2007
Reported
to AWCC Employer
Employer
City
Injury
Date
Death
Date
Length of
Service
(yrs.) Industry
Type
Injury
8/31/2006 Domtar, Inc. Ashdown 8/18/2006 8/18/2006 1.0 Pulp and Paper
Caught
between
10/3/2006
Wal-Mart
Associates Alma 9/22/2006 9/22/2006 0.3 Retail Struck by
10/3/2006
Strimbu
Transport W. Memphis 9/22/2006 9/22/2006 0.01 Trucking not given
10/5/2006 USA Truck Inc. Van Buren 10/4/2006 10/4/2006 0.1 Trucking MVA
10/18/2006
Tyson Sales &
Distribution,
Inc. Springdale 10/16/2006 10/16/2006 1.1 Warehousing Fall
10/19/2006
Stutzman &
Sons Oark 10/17/2006 10/17/2006 0.1 Trucking MVA
11/7/2006
Rogers Lumber
Co. Camden 7/10/2006 7/10/2006 NG Retail NG
11/7/2006
Arkansas
Aluminum
Alloys, Inc. Hot Springs 10/31/2006 10/31/2006 0.4 Manufacturing Struck by
11/7/2006
Arkansas
Aluminum
Alloys, Inc. Hot Springs 10/31/2006 10/31/2006 0.1 Manufacturing Struck by
11/8/2006 Matthews, Inc. Dumas 11/7/2006 11/7/2006 NG Construction MVA
11/13/2006 USA Truck Inc. Van Buren 11/6/2006 11/6/2006 0.3 Trucking MVA
11/14/2006
Rogers Lumber
Co. Camden 7/10/2006 7/10/2006 NG Retail Heart Attack
11/17/2006
J.A. Riggs
Tractor Co. Little Rock 11/15/2006 11/15/2006 0.3
Construction
equipment Electrocuted
12/27/2006
Austin
Transportation Crossett 12/20/2006 12/20/2006 0.9 Trucking MVA
12/26/2006
Metropolitan
National Bank Little Rock 12/23/2006 12/23/2006 1.0 Banking
Workplace
Violence
12/29/2006
Presbyterian
Village Little Rock 12/29/2006 not given NG Real Estate Fall
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Employers Placed in the Rule 32 Program2nd Quarter, FY 2007
During the 2nd Quarter, FY 2007, 59 places of employment were placed in the Rule 32 Program. Employers are identified for the Rule 32 Program if they have a higher-than expected number of compensable claims for their industry group. Employers placed in this program are encouraged to work with their workers’ compensation insurance carrier, in-house staff, or other professional safety sources to develop management tools which will help them run safer workplaces and minimize workers’ compensation costs through the use of such tools as return-to-work programs, drug-free workplace programs, claims management, etc.
BooneBenton Carroll
Marion
Baxter FultonRandolph
Clay
GreeneLawrence
Izard Sharp
Craighead Mississippi
Poinsett
Cross
Crittenden
St. Francis
Lee
Washington Madison
Newton Searcy
Stone
Jackson
Independence
CleburneVan Buren
Pope
JohnsonFranklin
Crawford
Sebastian Logan
ScottYell
Conway
Perry
Faulkner Woodruff
White
Prairie
Miller
Phillips
Monroe
LonokePulaski
Saline
GarlandMontgomeryPolk
Sevier
HowardPike
HempsteadLittle River
Lafayette
Clark
Nevada
Columbia
Grant
Dallas
Ouachita
Calhoun
Union
Jefferson
Cleveland Lincoln
Bradley
Drew
Ashley Chicot
Desha
ArkansasHot Spring
6
4
1
2
2
3
2
1
9
1
5
1
2
2
3
5
22
2
22
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Employers Completing the Rule 32 Program2nd Quarter, FY 2007
During the 2nd Quarter, FY 2007, 84 employers successfully completed the Rule 32 Program.
Boone
Miller
Benton Carroll
Marion
Baxter FultonRandolph
Clay
GreeneLawrence
Craighead Mississippi
Poinsett
Cross
Crittenden
St. Francis
Lee
Phillips
Washington Madison
Newton Searcy
Stone
Izard Sharp
Jackson
Independence
CleburneVan Buren
Pope
JohnsonFranklin
Crawford
Sebastian Logan
ScottYell
Conway
Perry
Faulkner Woodruff
White
Monroe
LonokePulaski
Saline
GarlandMontgomeryPolk
Sevier
HowardPike
HempsteadLittle River
Lafayette
Clark
Nevada
Columbia
Grant
Dallas
Ouachita
Calhoun
Union
Jefferson
Cleveland Lincoln
Bradley
Drew
Ashley Chicot
Desha
Arkansas
Prairie
Hot Spring
1
1
1
5
1
1
6
1
1
1
6
1
1
3
4
10
2
211
11
1
1
1
12
7
2
2
11
1
3
1
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Rule 31: Accident Prevention Services ProgramArkansas Workers’ Compensation Insurance Companies
2nd Quarter, FY 2007
The Accident Prevention Services (APS) group conducts audits of all insurance companies writingworkers’ compensation insurance policies in Arkansas. During the 1st Quarter, FY 2007, the APS group inspected the following companies:
Company Account Premiums No. of PolicyholdersPMA Group - Manufacturers Alliance Insurance
Co., Pennsylvania Manufacturers' Assoc. Ins.
Company, Pennsylvania Manufacturers
Indemnity Co. $1,542,147.00 93Arch Group $72,072.00 20Church Mutual $410,226.00 363
American Interstate - Silver Oak Casualty, Inc. $10,485,572.00 461Companion Property & Casualty- Companion
Commercial Ins. Co. $6,265,145.00 1806Midwest Employer Casualty $261,126.00 10Florists Mutual $25,723.00 10ACIG Insurance Co.
Everest Reinsurance $141,991.00 31Lumbermens Underwriting $262,504.00 7Mitsui Sumitomo Group - Mitsui Sumitomo
Insurance USA, Inc., Mitsui Sumitomo
Insurance Co. of America $381,911.00 25Penn Millers Insurance $73,325.00 1Harleysville Ins. - Harlesyville Mutual Ins..
Harleysville Preferred Insurance Co., Mid-
America Ins Co., $1,076,961.00 177Safety National Casualty $978,952.00 20
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Presentations and Speaking Engagements2nd Quarter, FY 2007
The AWCC Health and Safety staff receive frequent requests to speak on a variety of topics related to loss control, drug-free workplace programs, and related topics. If your constituents would like to host a program by the Health and Safety staff on these or other subjects, please contact Patricia Burge at 501-682-2063 or [email protected].
BooneBenton Carroll
Marion
Baxter FultonRandolph
Clay
GreeneLawrence
Izard Sharp
Craighead Mississippi
Poinsett
Cross
Crittenden
St. Francis
Lee
Washington Madison
Newton Searcy
Stone
Jackson
Independence
CleburneVan Buren
Pope
JohnsonFranklin
Crawford
Sebastian Logan
ScottYell
Conway
Perry
Faulkner Woodruff
White
Prairie
Miller
Phillips
Monroe
LonokePulaski
Saline
GarlandMontgomeryPolk
Sevier
HowardPike
HempsteadLittle River
Lafayette
Clark
Nevada
Columbia
Grant
Dallas
Ouachita
Calhoun
Union
Jefferson
Cleveland Lincoln
Bradley
Drew
Ashley Chicot
Desha
ArkansasHot Spring
12
1
2 1
1
2
1
2
2
Out of State1
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Voluntary Drug Free Workplace ProgramNew Approvals and Renewals
2nd Quarter, FY 2007
During the 2nd Quarter, FY 2007, the following Arkansas companies received approval of their Voluntary Drug Free Workplace Programs:
BooneBenton Carroll
Marion
Baxter FultonRandolph
Clay
GreeneLawrence
Izard Sharp
Craighead Mississippi
Poinsett
Cross
Crittenden
St. Francis
Lee
Washington Madison
Newton Searcy
Stone
Jackson
Independence
CleburneVan Buren
Pope
JohnsonFranklin
Crawford
Sebastian Logan
ScottYell
Conway
Perry
Faulkner Woodruff
White
Prairie
Miller
Phillips
Monroe
LonokePulaski
Saline
GarlandMontgomeryPolk
Sevier
HowardPike
HempsteadLittle River
Lafayette
Clark
Nevada
Columbia
Grant
Dallas
Ouachita
Calhoun
Union
Jefferson
Cleveland Lincoln
Bradley
Drew
Ashley Chicot
Desha
ArkansasHot Spring
3
8
1
1
21
1
17
1
10
4
2
1
3
1
11
1
1
1
4
2
2
1
1
8 1
2
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Voluntary Drug Free Workplace ProgramNew Approvals and Renewals
2nd Quarter, FY 2007
COMPANY CITY COUNTYHarness Roofing, Inc. Harrison BOONEFirst Community Bank Corning CLAY
Deltic Timber Corporation Waldo COLUMBIAGrady Jones Co. Jonesboro CRAIGHEAD
Lone Star Co., Inc. Jonesboro CRAIGHEADHall & Hunt Enterprises, LLC Jonesboro CRAIGHEAD
First Community Bank Jonesboro CRAIGHEADFirst Community Bank Jonesboro CRAIGHEADFirst Community Bank Jonesboro CRAIGHEADFirst Community Bank Jonesboro CRAIGHEADFirst Community Bank Jonesboro CRAIGHEADFirst Community Bank Jonesboro CRAIGHEADFirst Community Bank Lake City CRAIGHEAD
Seamless Systems Memphis CRITTENDENUUN, Inc. Conway FAULKNER
Hugg and Hall Equipment Conway FAULKNERNBMC, Inc. Greenbrier FAULKNER
Dayco Construction Damascus FAULKNERGigerich Electrical, Inc. Hot Springs GARLANDFirst Community Bank Paragould GREENEFirst Community Bank Paragould GREENE
First Community Bancshares Batesville INDEPENDENCEVital Link, Inc. Batesville INDEPENDENCE
First Community Bank Newport JACKSONFirst Community Bank Tuckerman JACKSONFirst Community Bank Swifton JACKSON
Building & Utility Contractors Redfield JEFFERSONFirst Community Bank Walnut Ridge LAWRENCEFirst Community Bank Hoxie LAWRENCEFirst Community Bank Imboden LAWRENCE
Master Made Tanks, Inc. Paris LOGANHugg and Hall Equipment Camden OUACHITA
First Community Bank Marked Tree POINSETTLittle Rock Christian Academy Little Rock PULASKI
P. I. Roofing North Little Rock PULASKIMcClelland Consulting Engineers Little Rock PULASKI
Energy Master Little Rock PULASKIGrady W. Jones Co. North Little Rock PULASKI
Staley, Inc. Little Rock PULASKILantrip Construction Co. North Little Rock PULASKI
Hall & Hunt Enterprises, LLC North Little Rock PULASKI
Arkansas Workers’ Compensation CommissionHealth and Safety Division
Voluntary Drug Free Workplace ProgramNew Approvals and Renewals
2nd Quarter, FY 2007
COMPANY CITY COUNTYHugg and Hall Equipment Little Rock PULASKI
Chenal Country Club Little Rock PULASKIChenal Properties Little Rock PULASKI
Arkansas Local Police & Fire Retirement Little Rock PULASKIGolden Eagle of Arkansas, Inc. Little Rock PULASKI
Lomanco, Inc. Jacksonville PULASKICoulson Oil Group North Little Rock PULASKICBM Construction North Little Rock PULASKIWright's Cabinets Jacksonville PULASKI
First Community Bank Pocahontas RANDOLPHFirst Community Bank Pocahontas RANDOLPHFirst Community Bank Pocahontas RANDOLPHFirst Community Bank Pocahontas RANDOLPHMiddleton Heat and Air Bryant SALINE
Annette's Nursing Service Bryant SALINEHarris Company Fort Smith SEBASTIAN
Grady W. Jones Co. Fort Smith SEBASTIANHall & Hunt Enterprises, LLC Fort Smith SEBASTIAN
Hugg and Hall Equipment Fort Smith SEBASTIANCrawford Construction Company Fort Smith SEBASTIAN
Fianna Hills Country Club Fort Smith SEBASTIANSteve Beam Construction Barling SEBASTIANDale Crampton Company Fort Smith SEBASTIAN
Tri-Lakes Services Gillham SEVIERFirst Community Bank Hardy SHARPFirst Community Bank Hardy SHARP
Deltic Timber Corporation El Dorado UNIONHugg and Hall Equipment El Dorado UNION
Johnson Mechanical Contractor Fayetteville WASHINGTONMountain Mechanical Contractors Fayetteville WASHINGTON
McClelland Consulting Engineers, Inc. Fayetteville WASHINGTONGrady W. Jones Springdale WASHINGTON
Hall & Hunt Enterprises, LLC Springdale WASHINGTONHugg and Hall Equipment Fayetteville WASHINGTON
Staley, Inc. Springdale WASHINGTONHugg and Hall Equipment Springdale WASHINGTONPlumbing & Maintenance Bald Knob WHITEWhite River Rural Health Augusta WOODRUFFDeltic Timber Corporation Ola YELL