WCD Proposes Rules to Implement 2017 Bills

Wednesday, September 20, 2017 | 0

Oregon’s Workers’ Compensation Division opened two rule-making actions to implement changes made by four bills lawmakers passed in 2017 relating to claims administration and self-insurance regulations.

The division is proposing changes to OAR Section 436-050 to implement changes made by House Bill 2186 and House Bill 2336. House Bill 2186 allows the Department of Consumer and Business Services, the WCD’s parent agency, to certify self-insurance programs created through intergovernmental agreements. House Bill 2336 allows DCBS to appoint a claims processing agent for decertified self-insured employers.

In addition to implementing the bills, the division said it is proposing new language that would define a strong financial rating for a public self-insured employer to mean a municipal bond rating of “Aa3,” “AA-“ or higher. The rules will also clarify the authority of the state to undertake multiple corrective actions upon deciding a self-insured employer’s financial strength is weak.

At the same time, the WCD is proposing changes to OAR sections 436-010, 436-060 and 436-075 to implement HB 2338 and HB 3363.

House Bill 2338 eliminated statutes requiring consideration of the living arrangements of a deceased worker's child when calculating death benefits. HB 3363 defined osteopaths as licensed physicians.

The Workers’ Compensation Division is proposing to adopt the new death benefit payment rules and amend its definitions of health care provider types to reference a “doctor of osteopathic medicine” rather than a “doctor of osteopathy.”

The division is also proposing to remove obsolete provisions from the rules governing its retroactive program, which supplements payments for people with older injuries to bring benefit amounts to present-day levels.

The division is holding a public hearing on both regulatory proposals at 9:30 a.m. Oct. 20 at the Labor & Industries building, 350 Winter St. NE in Salem.