Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
Workers' Compensation Agency  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Workers' Compensation Health Care Services  
5. Rule numbers or rule set range of numbers:  
R 418.10101 - R 418.101504  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Debra Outwater  
E-mail of person filling out RFR:  
OutwaterD@michigan.gov  
Phone number of person filling out RFR:  
517-284-8902  
Address of person filling out RFR:  
2501 Woodlake Circle, Ste 115, Okemos, MI 48864  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The HCS Rules are updated annually in order to provide the Agency's external customers with  
updated health care fee schedules for reimbursement to providers for treatment of injured workers  
and to guide providers and payers on the scope of reimbursement. The HCS Rules must maintain  
consistency with the most recent medical indexes, billing codes, and fee schedules published by  
Medicare and other entities, in a timely fashion.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
By authority conferred on the Workers' Disability Compensation Agency Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Sections 205 and 315 of 1969 PA 317, Section 33 of 1969 PA 306, Executive Reorganization  
Order Nos. 1982-2, 1986-3, 1990-1, 1996-2, 2003-1, 2011-4, and 2019-13, MCL 418.205,  
418.315, 24.233, 18.24, 418.1, 418.2, 445.2001, 445.2011, 445.2030, and 125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Section 315 of 1969 PA 317; Section 33 of 1969 PA 306.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 2  
The proposed rules do not conflict with or duplicate similar rules, compliance requirements, or  
other standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes. The WDCA publishes a Health Care Services Manual, which is found on the WDCA website.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not exceed similar regulations, compliance requirements, or other standards  
adopted at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes, the proposed rules may incorporate comments, complaints, and suggested updates proposed  
during the Health Care Services Advisory Committee (HCSAC) meetings, which are open to the  
public.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The last HCS rules update was effective October 12, 2023. The HCS Rules are updated annually  
in order to provide the Agency's external customers with updated health care fee schedules for  
reimbursement to providers for treatment of injured workers and to guide providers and payers on  
the scope of reimbursement. Technology, economic conditions, or other factors have not changed  
the regulatory activity covered by the rules since the last evaluation.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, these rules are required and must be updated for our customers.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
Yes  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;