Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Labor and Economic Opportunity

Division/Bureau/Office:

Workers' Compensation Agency

Name of person completing this form:

Debra Outwater

Phone number of person completing this form:

517-284-8902

E-mail of person completing this form:

outwaterd@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Thomas Shaver

2. Rule Set Information

MOAHR assigned rule set number:

2022-42 LE

Title of proposed rule set:

Workers’ Compensation Health Care Services (HCS)

3. Purpose for the proposed rules and background:

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.

4. Summary of proposed rules:

The general purpose of the proposed rule changes is to update the Health Care Service Rules source

document references.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Mining Journal, 4/28/23; Kalamazoo Gazette, 3/30/23; Ann Arbor News, 3/30/23.

6. Date of publication of rules and notice of public hearing in Michigan Register:

5/1/2023

7. Date, time, and location of public hearing:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

5/24/2023 01:30 PM at WDCA Claims Conference Room , 2501 Woodlake Circle, Okemos, MI

48864

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1401

9. List of the name and title of agency representative(s) who attended the public hearing:

Jack A. Nolish, Director, WDCA; Emily McDonough, Deputy Director, WDCA; Kris Kloc, Medical

Claims Analyst, WDCA; Thomas P. Shaver, Jr., Regulatory Affairs Officer, LEO; Debra Outwater,

Executive Secretary, WDCA.

10. Persons submitting comments of support:

Tiffany Grzybowski, Healthesystems, LLC;

Adam Fowler, Optum Workers' Compensation & No-Fault;

Julian Roberts, American Association of Payers Administrators and Networks (AAPAN).

11. Persons submitting comments of opposition:

Nikesh Patel, Alliance for Physical Therapy Quality and Innovation (APTQI);

Edward Mathis, American Physical Therapy Association (APTA Michigan).

12. Persons submitting other comments:

None.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Organization public hearing

Comments made at Written

Comments

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Made

14.Date report completed:

6/15/2023

MCL 24.242 and 24.245