Oklahoma enacts workers’ compensation reform bill

June 11, 2019 · Policy Matters team

Oklahoma has enacted a workers’ comp reform bill that requires the Workers’ Compensation Commission (WCC) to update the medical fee schedule ― which hasn’t been updated since 2012. House Bill 2367 outlines a new process requiring the WCC to update the fee schedule by 2020 and every two years, thereafter.

The new fee schedule should include:

An update to listed CPT codes
A line item adjustment or renewal of all fee schedule rates
An amendment, as needed, to the rules applying to the fee schedule

External consultant required to pursue stakeholder input
The legislation requires the WCC to contract with an external consultant ─ with knowledge of workers' comp fee schedules – to obtain input from stakeholders including employers, workers' comp medical service and insurance providers, self-insured employers and the public.

The consultant must submit a report of its findings and proposals to the WCC, which the WCC will use, in whole or in part, to adopt a proposed amended fee schedule. The WCC must submit its proposal to the legislature and governor during the 2020 legislative session.

Any proposed fee schedules would become effective on July 1, 2020, following the legislative session, if approved by Joint Resolution of the legislature. Thereafter, every two years, a new external evaluation is required to be conducted and a proposed amended fee schedule submitted to the legislature for approval.

Other reform bill provisions that could impact clients
Additional reforms in the bill, unrelated to specific services Optum Workers’ Comp and Auto No-fault provides to clients, include changes to benefits. We encourage clients to review the bill for other provisions which may affect them. More information can be viewed here.

Future developments
The OWCA Public Policy and Regulatory Affairs team will monitor how the WCC executes the medical fee schedule review and will report on noteworthy developments.