DAR File No. 28259

Labor Commission, Adjudication

R602-2-3

Compensation for Medical Testimony

NOTICE OF PROPOSED RULE

DAR File No.: 28259
Filed: 09/29/2005, 01:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to increase compensation for medical experts serving on medical panels, thereby increasing the willingness of physicians to serve on such panels.

Summary of the rule or change:

This amendment increases the compensation for medical panel members from $87.50 per half hour to $112.50 per half an hour, and the medical panel chairman's compensation from $100 per half hour to $125 per half an hour. This rule change also clarifies that this rule pertains to medical panel members.

State statutory or constitutional authorization for this rule:

Section 34A-1-301 et seq.

Anticipated cost or savings to:

the state budget:

There will be no impact on the State's general funds budget. The increase of compensation will be paid from the Uninsured Employers' Fund's (UEF) funds, which are generated from an assessment against workers' compensation premiums.

local governments:

There will be no appreciable cost or savings to local governments because this program is administered entirely by the State of Utah.

other persons:

Self insureds' and workers' compensation insurance companies will incur approximately $84,000 in additional costs, in the form of workers' compensation premium assessments.

Compliance costs for affected persons:

There are no compliance costs associated with this amendment because the amendment does not require any action on the part of affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The cost of this proposal ($84,000) is spread among all insured and self-insured employers within Utah and will have no appreciable fiscal impact on businesses. R. Lee Ellertson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Richard M. Lajeunesse at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at rlajeunesse@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2005

This rule may become effective on:

11/15/2005

Authorized by:

R Lee Ellertson, Commissioner

RULE TEXT

R602. Labor Commission, Adjudication.

R602-2. Adjudication of Workers' Compensation and Occupational Disease Claims.

R602-2-3. Compensation for Medical [Testimony]Panel Services.

Compensation for medical panel services, including records review, examination, report preparation and[medical] testimony, [and preparation by medical panel members at hearings ]shall be $[87.50]112.50 per half hour [and shall be]for medical panel members and $[100]125 per half hour for the medical panel chair.

KEY: workers' compensation, administrative procedures, hearings, settlements

[December 2, 2004]2005

Notice of Continuation September 5, 2002

34A-1-301 et seq.

63-46b-1 et seq.

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Richard M. Lajeunesse at the above address, by phone at 801-536-7928, by FAX at 801-530-6333, or by Internet E-mail at rlajeunesse@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.