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Policy Matters
The latest legislative and regulatory activity that impacts you and the services we provide
Policy Matters Brief - April 15, 2025
April 15, 2025 · Public Policy & Regulatory Affairs Team
Alaska
Alaska Workers' Compensation Division provides Electronic Filing Guidelines
To ensure compliance with 8 AAC 45.020(d)(2)(C) and to facilitate efficient processing of documents, all electronic filings must adhere to the requirements in Bulletin 25-02.
The bulletin with the requirements can be found here.
Colorado
Colorado Division of Workers' Compensation updates Rule 11
On April 1, 2025, the Colorado Division of Workers’ Compensation (DOWC) updated Rule 11 of its Division Independent Medical Examination (DIME) program. The changes to Rule 11 and its related forms are intended to further improve the efficiency and fairness of the DIME process and help retain DIME physicians.
More information can be found here.
Colorado occupational therapists can now prescribe DME
Also in Colorado, the State Assembly amended statute C.R.S. 12-270-104 authorizing occupational therapists to directly recommend or prescribe durable medical equipment without requesting a prescription from a licensed physician and instructed prescribing occupational therapists to consult with patients concerning payment options. This amendment will take effect on August 5, 2025.
More information can be found here.
Idaho
Idaho Industrial Commission amends Notice of Hearings
According to Idaho Code 72-713, the state Industrial Commission must send a Notice of Hearing by certified mail under, making it the only type of pleading statutorily required to be served by the Commission in this manner. As of July 1, 2025, the Commission will no longer be required to serve these notices to represented parties via certified mail, although it must still provide at least ten days written notice. The Notice of Hearing can now be made by regular mail, fax or by email.
More information can be found here.
Idaho Workers' Compensation existing law amended
Sections 72-301 and 72-928 of the Idaho Code relating to workers' compensation have been amended to define a public employer and a public corporation with respect to certain requirements regarding security for compensation. The amendments will take effect on July 1, 2025.
More information can be found here.
Idaho Industrial Commission amends Burial Expenses
The Idaho Industrial Commission amended State Code 72-436 to increase the maximum allowable burial expenses for workers who incurred a fatal work-related injury from the current cap of $6,000 to $10,000. The amendment also removed geographic limitations on the transportation of a body, thus allowing for the deceased worker to be transported to their final resting place. This amendment is effective July 1, 2025.
More information can be found here.
Kentucky
Kentucky establishes requirements for pharmacists in the event of a practitioner's death
The Kentucky General Assembly created a new section of Statute KRS 315 establishing requirements for pharmacists when dispensing prescriptions in the event of a practitioner's death. Such prescriptions may continue to be dispensed based on the pharmacist's professional judgment for up to 180 days after the date of the practitioner’s death.
More information can be found here.
Kentucky amends public employee benefits
Also in Kentucky, State Statute KRS 61.598 was amended to exempt from the pension spiking provisions any increases in rates of pay authorized or funded by the legislative or administrative body of an employer or mandated in a collective bargaining agreement approved by the legislative body of the employer provided to members of the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System.
More information can be found here.
Maryland
Maryland considers pharmacy fee schedule bill
By a vote of 47-0, the Maryland State Senate passed Bill 306 which would grant authority to the Maryland Workers’ Compensation Commission to create a pharmacy fee schedule that limits payments for prescription drugs to an index or indices that consider acquisition cost calculated on a per-unit basis as of the date the drug was dispensed. The bill would also require the Maryland Prescription Drug Affordability Board to study prescription drug affordability challenges related to workers’ compensation claims.
The bill now awaits action by the Maryland House of Delegates Economic Matters Committee which held a hearing on the bill on March 26, 2025.
New Mexico
New Mexico increases maximum amount of discovery and attorney fees
New Mexico Statute Ann. 52-1-54 raised the cost of discovery and attorney fees from a limit of $3,000 for discovery and $3,500 for attorney fees to $4000. Beginning January 1, 2027, the limit shall be four thousand dollars ($4,000), and beginning January 1, 2029, the limit shall increase to four thousand five hundred dollars ($4,500)
Attorney fees, including, but not limited to, the costs of paralegal services, legal clerk services and any other related legal services costs on behalf of a claimant or an employer for a single accidental injury claim, including representation before the workers' compensation administration and the courts on appeal, shall not exceed twenty-two thousand five hundred dollars ($22,500) thirty thousand dollars ($30,000) in calendar year 2025. Beginning January 1, 2027, the maximum allowable attorney fees shall be thirty-two thousand dollars ($32,000), and beginning January 1, 2029, the maximum allowable attorney fees shall increase to thirty-four thousand dollars ($34,000).
These amendments are effective June 20, 2025
More information can be found here.
Ohio
Ohio Bureau of Workers' Compensation updates occupations and industries classifications
The Ohio Bureau of Workers' Compensating established classifications of occupations and industries based upon the National Council on Compensation Insurance as required by Division (A)(1) of Section 4123.29 of the Revised Code. This update will go into effect on July 1, 2025.
More information can be found here.
South Dakota
South Dakota updates dental relative value references for workers' compensation
In South Dakota, the source of the reference used to calculate the maximum reimbursement rates for providers of workers' compensation dental procedures was updated. To help determine the maximum reimbursement for dental services, the unit value for a procedure code was multiplied by a factor of $70.26.
Utah
Utah Labor Commission amends the Workers' Compensation Act
Amendments to Utah Code 34A-2-407 extend the state Labor Commission's authority to review disclosures by health care providers and fees for health care providers, in addition to prohibiting balance billing for workers' compensation claims to heath care providers. The amendments are effective May 7, 2025.
More information can be found her.e
Utah Occupational Disease Act modified for firefighters diagnosed with cancer
Also in Utah, the rebuttable presumption for a firefighter diagnosed with cancer now covers cancers that presumptively arise from service as a firefighter. This modification establishes requirements for rebuttable presumption, provides cancer screening to the firefighter, requires the fire department where a firefighter is working to cover the out-of-pocket cost of the cancer screening, and provides for the management of the cancer screening program.
More information can be found here.
Virginia
Virginia to convene work group of clinical psychologists granting prescriptive authority
The Virginia Boards of Psychology and Medicine have agreed to jointly convene a work group to study the education, training, and qualifications of clinical psychologists licensed in the Commonwealth and determine appropriate conditions for clinical psychologists to be granted prescriptive authority. The work group will report its findings to the chairs of the Virginia House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2025.
More information can be found here.
Virginia amends pharmacists’ authority to compound drugs
Virginia Code § 54.1-3410.2 was amended to enable pharmacists to compound drug products under certain conditions and disallow pharmacists from distributing compounded drug products for subsequent distribution or sale to other persons or commercial entities (including distribution to pharmacies or other entities under common ownership or control, except for distribution within health systems under common ownership when the compounded drug products are administered only to patients within the hospital or health system). This amendment will take effect on July 1, 2025.
More information can be found here.
Wyoming
Wyoming Workers’ Compensation Division miscellaneous medical protocols updated
Wyoming Workers' Compensation Chapter 10 rules (miscellaneous medical protocols) were revised to add provisions relating to medical notes authentication guidelines; give clarification for massage therapy provided on the same date of service as another therapeutic modality; and provide additional clarification and parameters in section 34 for the Firefighter Cancer Screening Act. Keep in mind that Wyoming is a monopolistic/single-payer state for workers’ comp.
More information can be found here.
Wyoming Health Care Provider Credentialing
Wyoming also updated its insurance code to require health insurance carriers to follow provider credentialing guidelines and specifying that health carriers shall not be required to violate or fail to meet requirements of a nationally recognized accrediting entity. These updates will take effect on July 1, 2025.
More information can be found here.
Additional Optum resources: For more information on these policy developments and others we have been tracking this year, be sure to visit our Legislative and Regulatory Tracker. Bills or regulations can be filtered by insurance line, topic, status and jurisdiction. If you have questions on these or any other public policy developments, please contact our team at OptumWC.PolicyMatters@optum.com. |
