Rule Changes & Notices
Note: The Division has scheduled (0) Rule Workshops or Rule Hearings.
69L-3.009
If requested within 21 days of the date of the notice, a hearing will be scheduled and announced in the Florida Administrative Register.
Subject area to be addressed: The proposed change will add correctional officers to Rule 69L-3.009, Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience.
The Notice of Proposed Rule appeared in Volume 49, Number 02, of the Florida Administrative Register, published on January 04, 2023.
The text of the proposed Rule 69L-3.009, F.A.C. can be found here.
69L-7.730
69L-7.740
Subject area to be addressed: The rules update procedural requirements regarding physician dispensed medication.
The Notice of Proposed Rule appeared in Volume 48, Number 251, of the Florida Administrative Register, published on December 29, 2022.
The text of proposed Rules 69L-7.730 and 69L-7.740, F.A.C. may be found here.
The SERC can be found here.
Past Workshops and Hearings
69L-7.730
69L-7.740
Friday, January 13, 2023, 10:00 a.m. – 12:00 p.m., Eastern Time
Subject area to be addressed: Health Care Provider Medical Billing and Reporting Responsibilities (69L-7.730) and Insurer Authorization and Medical Bill Review Responsibilities (69L-7.740).
This hearing will consider public input on the proposed changes to the above referenced rules. See Volume 49, No. 03, in the January 05, 2023, issue of the Florida Administrative Register (F.A.R.) for a complete copy of the Notice.
Date and Time: The Rule Hearings for 69L-7.730 and 69L-7.740 will be held via the internet and phone on Friday, January 13, 2023, from 10:00 a.m. – 12:00 p.m., Eastern Time
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Access Code: 589-791-389
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United States: +1 (571) 317-3129
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A copy of the agenda can be found here.
A copy of the notice can be found here.
Subject Area to be Addressed: This hearing will consider public input on the proposed changes to the above referenced rule.
The Notice of Workshop/Hearing was published in Volume 48, No. 247, in the December 22, 2022, issue of the Florida Administrative Register (F.A.R.).
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United States (Toll Free): 1 (877) 309-2073
United States: (646) 749-3129
Access Code: 963-789-349
A copy of the agenda and reference material can be found here.
69L-6.025
69L-6.027
69L-6.028
69L-6.029
69L-6.030
69L-6.032
69L-6.036
Subject Area to be Addressed: This workshop will consider public input on the Department’s powers to enforce employer compliance with workers’ compensation insurance coverage requirements, penalty calculation for noncompliance, and calculation of credits and penalty reductions.
The Notice of Rule Development was published in Volume 48, Number 233 of the Florida Administrative Weekly, on 12/02/2022.
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Access Code: 480-839-805
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Meeting ID: 480 839 805
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A copy of the meeting materials may be found here.
Subject Area to be Addressed: Rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience for purposes of section 112.18155, F.S.
The Notice of Rule Development was published in Volume 48, Number 211 of the Florida Administrative Weekly, on 10/28/2022.
A copy of the draft rule text can be found here.
69L-22.007
69L-22.008
69L-22.011
69L-22.012
69L-22.013
Subject Area to be Addressed: This rulemaking will address training, education, and reemployment benefits provided to injured workers.
The Notice of Rule Development was published in Volume 48, Number 150 of the Florida Administrative Weekly, on 8/3/2022.
69L-6.025
69L-6.027
69L-6.028
69L-6.029
69L-6.030
69L-6.032
69L-6.036
Subject Area to be Addressed: Department powers to enforce employer compliance with workers’ compensation insurance coverage requirements, penalty calculation for noncompliance, and calculation of credits and penalty reductions.
The Notice of Rule Development was published in Volume 48, Number 211 of the Florida Administrative Weekly, on 10/28/2022.
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Access Code: 866-262-381
A copy of the meeting materials may be found here.
Subject Area to be Addressed: The medical reimbursement and utilization review requirements regarding physician dispensed medication.
The Notice of Rule Development was published in Volume 48, Number 194 of the Florida Administrative Register, on 10/05/2022.
The agenda and meeting materials can be found here for 69L-7.730, F.A.C.
The agenda and meeting materials can be found here for 69L-7.740, F.A.C.
Note: This tab reflects Rules adopted within the past 6 months.
Health Care Provider Medical Billing and Reporting Responsibilities and Insurer Authorization and Medical Bill Review Responsibilities that took place on Friday, January 13, 2023.
The DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS’ COMPENSATION announces a public meeting of the Three-Member Panel to which all persons are invited. This meeting will not be held in person.
DATE AND TIME: January 5, 2023, 4:00 – 5:00 p.m. ET
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Access Code: 989-161-421
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Meeting ID: 989 161 421
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GENERAL SUBJECT MATTER TO BE CONSIDERED: Subparagraph 440.13(12)(e)4, F.S., requires the Three-Member Panel to submit recommendations on or before January 15, 2017, and biennially thereafter, to the President of the Senate and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system. The Three-Member Panel will consider adopting recommendations at this meeting.
Notice of this public meeting appeared in Volume 48, Number 250, of the Florida Administrative Register, published on December 28, 2022.
A copy of the agenda can be found here.
Biennial Report - DRAFT
Report to the Three-Member-Panel Regarding the Resolution of Medical Reimbursement Disputes
The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $1,197.43 for the four calendar quarters ending June 30, 2022.
Section 440.12(2), Florida Statutes (2022), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.
Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2023, shall be $1,197.
On May 25, 2022, Governor Ron DeSantis signed HB 959 amending the requirement for workers’ compensation insurers to mail informational brochures pursuant to s. 440.185(3), F.S., and allowed such insurers the option to deliver the brochures by e-mail.
s. 440.185(3) Within 3 business days after the employer or the employee informs the carrier of an injury, the carrier shall send by regular mail or email to the injured worker an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. Annually, the carrier or its third-party administrator shall send by regular mail or e-mail to the employer an informational brochure approved by the department which sets forth in clear and understandable language an explanation of the rights, benefits, procedures for obtaining benefits and assistance, criminal penalties, and obligations of injured workers and their employers under the Florida Workers’ Compensation Law. All such informational brochures shall contain a notice that clearly states in substance the following: “Any person who knowingly and with intent of injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits a felony of the third degree.”
Effective July 1,2022, the Injured Worker Informational Brochure (DFS-F2-DWC-60 and/or DFS-F2-DWC-61) shall be mailed or e-mailed to the injured worker pursuant to s. 440.185(3), Florida Statute, and 69L-3.0035, Florida Administrative Code, and the Employer Informational Brochure (DFS-F2-DWC-65) and/or DFS-F2-DWC-66) shall be mailed or e-mailed to the employer pursuant to s. 440.185(3), Florida Statute, and 69L-3.0035, Florida Administrative Code.
The Three-Member Panel will consider adopting the methodologies for maximum reimbursement allowances. Pursuant to subsection 440.13(12), F.S., the Three-Member Panel shall annually adopt schedules of maximum reimbursement allowances for physicians, hospital inpatient care, hospital outpatient care, and ambulatory surgical centers. In addition, the Three-Member Panel will discuss possible topics to be addressed in the 2023 Biennial Report.
A copy of the agenda and related meeting documents may be found here: 3MP-AgendaMeetingMaterialsPublic
This meeting will not be held in person.
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Access Code: 603-199-453
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Meeting ID: 603 199 453
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The Florida Division of Workers' Compensation recently participated in the 75th Annual Workers' Compensation Educational Conference with the Workers' Compensation Institute, in Orlando, Florida. The Division's breakout session included the following topics: Legislative and Rule Updates, Opportunities for Industry Improvement, and Medical Services Updates. If you were unable to attend or would like to view the presentations, click here. Please contact Brittany O'Neil at 850-413-1927 with any questions.
Section 440.12(2), Florida Statutes (2021), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.
Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2022, shall be $1,099.
2022 Max Comp Rate Bulletin
The DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS’ COMPENSATION announces a public meeting of the Three-Member Panel to which all persons are invited. This meeting will not be held in person.
DATE AND TIME: January 27, 2021, 3:00 – 4:00 p.m. ET
PLACE: Please join the meeting from your computer, tablet or smartphone
Please join the meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/298656589
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United States (Toll Free): 1 866 899 4679
United States: +1 (571) 317-3116
Access Code: 298-656-589
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Meeting ID: 298 656 589
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GENERAL SUBJECT MATTER TO BE CONSIDERED: Subparagraph 440.13(12)(e)4, F.S., requires the Three-Member Panel to submit recommendations on or before January 15, 2017, and biennially thereafter, to the President of the Senate and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system. The Three-Member Panel will consider adopting recommendations at this meeting.
A copy of the agenda can be found here.