Policy Name:
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$15,000 Medical-Only Program ($15K Program)
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Policy #:
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EP-06-01
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Code/Rule Reference
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ORC 4123.29(A)(6);
OAC 4123-17-59;
and OAC 4123-17-74,
Appendix C.
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Effective Date:
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July 1, 2024
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Approved:
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Rex Blateri, Chief of Employer Services
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Origin:
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Employer Policy
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Supersedes:
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All EM policies and procedures regarding the $15K
Program that predate the effective date of this policy.
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History:
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Revised September 10, 2024; April 29, 2021; July 17,
2018. New policy issued March 7, 2014.
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Review Date:
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July 1, 2029
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I.
Policy Purpose
The Ohio Bureau of Workers’
Compensation (BWC) makes available to state fund employers a program whereby
the employer pays the first $15,000 of a compensable medical-only claim,
pursuant to ORC 4123.29.
II.
Applicability
The policy
applies to BWC Employer Services, employers, their agents, and authorized
representatives.
III. Definitions
A. Lost
time claim:
1.
Any claim with eight or more days of lost time from work directly caused
by a work-related injury, even if compensation or wages in lieu of compensation
have not been paid to the injured worker (IW); or
2.
Any claim in which BWC awards compensation.
B. Maximum:
The maximum medical cost an employer can pay on an individual medical-only
claim. For claims with a date of injury on or after September 10, 2007, the
maximum is $15,000.
C. Medical-only
claim:
1.
A claim of seven or fewer days of lost time from work directly caused by
a work-related injury; and
2.
The claim has no compensation awarded.
IV. Policy
A. Eligibility
criteria. To begin participation in the $15K Program, an employer must:
1.
Pay premiums to the state insurance fund; and
2.
Be in an active policy status. Active policy status does not include a
policy in a no coverage or lapsed policy status.
B. Election
to participate.
1.
No formal application is required.
2.
An employer must elect to participate by calling, writing, or emailing BWC.
C. Operation
of program.
1.
Employer responsibilities.
a.
The employer is responsible for all medical and pharmacy bills in all medical-only
claims with a date of injury on or after the date the employer elects to
participate in the program, until the maximum is reached. The employer, or its
agent, should pay the provider on behalf of the IW.
b.
The employer must notify the IW and medical provider in writing:
i.
To acknowledge the medical-only claim;
ii.
The employer elects to pay bills as provided under ORC 4123.29;
and
iii. All
bills should be submitted to the employer and not the IW or BWC.
c.
The employer must pay bills within thirty (30) days of receipt.
i.
For claims with a date of injury prior to June 30, 2009, the employer
must pay all bills as billed or reach an appropriate reimbursement amount with
the provider.
ii.
For claims with a date of injury on or after June 30, 2009, the employer
must pay medical bills in accordance with BWC’s fee schedule. BWC fee schedule
information is located on BWC’s website on the Fee
schedules webpage.
d.
If both BWC and the employer pay the same medical bill, the employer may
request reimbursement from the provider for the duplicate payment.
e.
The employer may remove a medical-only claim from the $15K Program by
writing or emailing BWC:
i.
Within fourteen (14) days of the filing of the claim, if the employer
does not wish to pay any bills in that particular claim; or
ii.
The last date of service on which the employer will be responsible for
the bills in a particular claim. The employer’s managed care organization (MCO)
will begin processing bills, regardless of the date of service, after the
notification.
f.
If the maximum has been paid, the employer must:
i.
Notify BWC and the MCO the date of service of the bill which reached the
maximum; and
ii.
Provide the MCO proof of payment and copies of bills paid in the proper
format.
g.
If the payment of a particular bill will exceed the maximum, the
employer should pay the portion of the bill that will bring payment to the
maximum and notify the provider to bill the MCO for the remainder of the bill.
h.
The employer must provide copies of the bills in a claim, in the proper
billing format, to BWC, the IW, or the IW’s authorized representative upon
request.
i.
The employer must, upon written request from BWC, provide documentation
of all medical-only bills the employer is paying directly.
i.
BWC may make this request no more than semiannually.
ii.
BWC may remove the employer from the program if the employer fails to
provide the documentation to BWC within thirty (30) days of the receipt of the
request.
j.
The employer must keep a record of the injury on file for five years
from the last date the employer paid a bill, or until the information has been
received by BWC, whichever is later. The employer must provide the information
to BWC, the IW, or the IW’s representative upon request. The employer must keep
record of:
i.
IW name, address, and Social Security number;
ii.
Date and time of injury;
iii. Type
of injury;
iv. Part(s)
of body injured;
v.
Brief description of accident; and
vi. Copies
of bills and proof of payment, including the payment date(s).
k.
The employer must meet federal Medicare requirements. An employer can
learn more through the Centers for Medicare and Medicaid Services web site, www.cms.gov.
l.
The employer must reimburse the IW for reasonable and necessary travel
expenses related to an employer-requested independent medical examination (IME)
upon the filing of a proper request. IW travel expenses are set forth in OAC 4123-6-40.
m. The
employer may refer to the claim policy and procedure Fifteen
Thousand Dollar Medical Only Program ($15K Program) for additional
information.
2.
Employer limitations.
a.
The employer cannot:
i.
Pay bills on claims in which it has paid wages in lieu of compensation;
ii.
Pay only certain bills for a claim and submit other bills for the claim
to the MCO for payment;
iii. Authorize
or deny treatment;
iv. Agree
to additional conditions;
v.
Process a Request for Medical Service Reimbursement or Recommendation
for Additional Conditions for Industrial Injury or Occupational Disease (C-9);
vi. Use
its MCO to authorize treatment or pay medical bills;
vii. Include
paid wages while the employee was off work as part of the maximum; or
viii. Use the $15K
Program for a medical-only claim that occurs during a period of lapsed
coverage.
b.
The employer may participate in other compatible BWC employer programs
during its participation in the $15K Program. Employer compatibility is set
forth in OAC 4123-17-74,
Appendix C.
3.
BWC responsibilities. BWC will:
a.
Notify providers who send bills to BWC the employer is responsible for
the bills in the claim.
b.
Not charge the employer’s experience for payments made under this
program. If the employer complied with the program rule, and BWC made payments
in contravention of the rule, BWC will adjust the employer’s experience.
c.
Investigate allegations the employer has not paid medical bills in
accordance with the program requirements. Actions BWC may take if it is
determined the employer failed to pay medical bills according to program
requirements include, but are not limited to:
i.
Remove the specific claim from the $15K Program.
ii.
Remove the employer entirely from the $15K Program, resulting in removal
of all the employer’s medical-only claims from the program.
d.
Process bills on a medical-only claim if an employer removes the claim
from the program.
e.
Not automatically remove an employer from the $15K Program if the
employer’s coverage lapses. However, a medical-only claim that occurs during a
period of lapsed coverage will not be part of the $15K Program.
D. Stipulations.
1.
Payment of a bill by the employer does not waive BWC’s right to
adjudicate the claim or the employer’s right to contest the claim should a
claim be filed.
2.
The program does not supersede the IW’s right to file a claim with BWC.
3.
BWC will not pay interest on bills that were not paid within thirty (30)
days if the bills are the responsibility of the employer.
4.
BWC will not mediate fee disputes between the employer and provider.
5.
The IW is not liable for a bill the employer fails to pay.
6.
Once an employer pays a bill under the program, BWC will not reimburse
the employer.
7.
A claim is removed from the program immediately if the claim changes to
a lost-time claim.
8.
The employer’s failure to pay bills timely will not affect the
employer’s coverage status.
9.
All bills must be submitted to the employer in the proper billing format
and received by the employer within one year of the date of service of the
bill.
E. Exit
from program. An employer may cancel its participation in the $15K Program at
any time by writing or emailing BWC. The employer’s MCO will process all bills
in all medical-only claims for the employer after the date of removal.
F. Resolution
of complaints.
1.
The employer may appeal BWC’s decision to remove the employer, or a
specific claim, from the program to the BWC Adjudicating Committee, pursuant to
OAC 4123-14-06.
2.
Employer complaints are processed under the General
Employer Complaint Policy. BWC has not identified any program-specific
extenuating circumstances that apply to the $15K Program.
G. Combinations
and transfers.
1.
Predecessor: Enrolled in $15K Program.
Successor: Not
enrolled in $15K Program.
Action: Predecessor’s
enrollment in the $15K Program terminates as of the effective date of
combination.
2.
Predecessor: Enrolled in $15K Program.
Successor: Enrolled
in $15K Program.
Action: Predecessor
remains enrolled in the $15K Program. Successor must comply with all program
requirements for predecessor’s medical-only claims.