Upon motion by Jack Barrett and seconded by Keith Hutchinson, the Minutes of November 19, 2002, were approved as written.

Chairman, Dave Whaley reported that members of the IAIABC would like to work with the members of the Advisory Committee and the Commission on an amendment they introduced to the legislature this year to reduce the income benefits for temporary partial disability and permanent partial disability. This amendment did not pass in the legislature this year.

John Greenfield recapped the events that have taken place with the Department of Health and Welfare (DHW) with regard to amending legislation for the garnishment of worker's compensation benefits for child support. DHW was not able to submit their proposed statutory changes to the legislature this session, but hope to submit the changes for the next legislative session. Kirsten Ocker, Deputy Attorney General for DHW, informed the Commission that the modified language proposed by the subcommittee and Commission was acceptable to DHW. Mr. Greenfield was asked to contact Kirsten Ocker to clarify attaching the child support lien to impairment benefits as well as other income benefits, awarded to the injured worker; and inquire whether DHW can publish this information in a bulletin prior to passage of the legislation. Mr. Greenfield will have a follow up report at the next advisory meeting.

Alan Gardner and Keith Hutchinson will contact Steve Millard for a report on the progress of the medical release form revision.

Bob Shosted reported that the sub-committee has not met since the last advisory meeting. Commissioner Limbaugh discussed the update presented to JFAC on the status of the Commission, but JFAC asked no questions regarding future budget concerns. Discussion was held on the financial projection summary report prepared by Financial Officer Don Robbins. Commissioner Limbaugh informed the Committee that the Commission has a presentation ready for the germane committees, but the general consensus is to wait until the beginning of the next legislative session, once it is known who will be on those committees. Discussion was held on the possibility of IACI helping to sever the Division of Building Safety from the Commission. This action could eliminate the need for an increase in premium taxes in the immediate future. Mr. Barrett reiterated the possible illegalities of employers' and sureties' premium tax payments being used for inspections of public buildings.

Alan Gardner reported that the subcommittee is currently working with the physician fee task force with Dave Gribskov as chairman. Mr. Gribskov informed the members that the next meeting would be held April 1, 2003, and about once a month thereafter. The State Insurance Fund and Liberty Northwest Insurance have provided CPT charge data to the Commission. Others companies, such as Corvel, may submit similar data for comparative analysis by the Commission to create a new medical database for medical fee dispute resolution. It is the subcommittees hope to have a database ready by year-end.

When the physician fee task force reaches a workable solution, the subcommittee plans to form a hospital fee task force. It was recommended that due to the written concerns of Senator John Goedde and Representative Wayne Meyer, they be invited to participate on the hospital fee task force.

The Supreme Court decision on Hoskins v. Circle A. Construction has been remanded to the Industrial Commission. It was suggested that publication of the Commission's interpretation of Idaho Code §72-419, Determination of Average Weekly Wage, be done until a decision has been rendered and can be published. Jack Barrett reported that the subcommittee did meet and draft legislation, but it wasn't necessary to follow through with the legislation since the case was remanded to the Commission.

Chairman Dave Whaley asked Mike Taylor for an update on NCCI activities. Mr. Taylor reported that NCCI's rating on terrorism filed nationally was an increase of two cents per one hundred dollars of payroll. Some sureties are varying those costs up or down by a small amount. Inclusion of natural disasters as part of the cost calculations is currently being considered. FAQ's on terrorism can be accessed on the terrorism icon located on the net at NCCI.com. The NCCI state advisory meeting will be held the second or third week of October.

The AFL-CIO Convention will be held in Lewiston June 9, 10 & 11. Chairman Dave Whaley and Rian Van Leuven requested the Commissioners' participation in a workshop during the convention.

Commissioner Kile reviewed the published redacted decision problems incurred when there are only numbers to identify a case and no names. Discussion was held and a consensus reached to form a subcommittee to research the privacy laws on publication of Commission decisions and if necessary draft new legislation to allow publication of workers' compensation hearing decisions without having to be redacted. The subcommittee is Chair, Tracy Whigam, John Greenfield, and Jack Barrett. Alan Conilogue of the Industrial Commission will provide assistance for the subcommittee as needed. In the meantime a decision to alternate fictitious names through the alphabet according to gender will be used in redacting decisions.

The Commissioners will be holding open hearings in Twin Falls, Boise, Pocatello, Idaho Falls, Coeur d'Alene and Lewiston over the next several months to hear oral comments on the proposed changes to the Judicial Rules of Practice and Procedure. Written comments will be received until July 31, 2003. The meeting schedule was included in the packets at the Idaho State Bar conference in Sun Valley and will be mailed to Idaho workers' compensation attorneys. It was suggested that sureties also receive the schedule.

The Commission thanked John Greenfield for his help in securing the speakers on Medicare subrogation rights for the Sun Valley conference.

The members suggested scheduling the same presentation by the CMS Outreach Program for the Commission's annual workers' compensation seminar being held November 6, 2003.

Garnishment of Workers' Compensation Benefits for Child Support (Chair, John Greenfield)

Medical Release Form (Chair, Steve Millard, Alan Gardner, Keith Hutchinson)

Redacting Commission Decisions (Chair, Tracy Whigam)

Medical Fees ( Alan Gardner, Dave Gribskov)

Judicial Rules (Commissioner James Kile)