TN Workers' Comp: New Administrative General Rules

April 30, 2018

 

New workers' compensation administrative general rules are due to take effect at the end of May 2018. Click here to view all updates. An overview of changes is as follows:

  • Employers are to report injuries to adjusting entity within one business day of knowledge of injury.
  • Employers shouldn't pay benefits for work injury that "unlawfully" shifts responsibility from adjusting entity or conceals occurrence of injury or extent of payment for benefits. 
  • After notice of injury and request for care, a panel is required within three business days with physicians that are "qualified, willing and able to treat in a timely manner."  (Previously was five business days)
  • If emergency care is given, after condition "has stabilized" employee gets a panel per above. 
  • Can go to on-site, in-house medical provider, if applicable, but that doesn't satisfy panel requirement by itself. Can list the on-site provider on the panel as an option, but employee gets final decision on treatment.
  • Walk-in clinics, urgent care now must have a staff physician on site and the name of staff physician/medical director must be on the panel. Can list associated clinics as long as different medical directors/physicians are listed on panel.
  • If you list only the name of specialty practice group on panel instead of naming an actual specialist, claimant gets to choose which one to see.
  • NPs, PAs, etc. can treat under supervision, but panel "supervising physician" must determine MMI, PPI, causation.
  • Adjusting entity must mail the Tennessee Workers' Compensation Posting Notice within five days to employer after issuance or renewal of policy. Employer has to post this continuously in a conspicuous place(s). Click here to view posting.

 

Other upcoming changes:

  • Governor has signed a bill repealing statute requiring workers' compensation insurers to have an adjuster physically located in Tennessee or contract with a third-party administrator. Details here.
  • Adjusting entities can seek certification in Tennessee. This is voluntary. Rules go into effect May 31. Details here.
  • The Bureau is replacing the SD-1 form with the SD-2 form on May 6, for injuries after July 1, 2014. This form is required with settlements/trials. Details here.
  • Changes to rules for drug-free workplace programs go into effect May 6, including clarification on addressing an employee who refuses to test. Details here.
  • Electronic medical billing rules go into effect July 1. Details here.
  • Governor has signed bill allowing farm or agricultural laborers and employers to participate in Workers' Compensation Act. Details here.

 

If you have any questions regarding these upcoming changes in Tennessee, please don't hesitate to contact your A&N attorney for assistance!

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