Upon motion by John Barrett and seconded by Dave Whaley, the Minutes of the November 5, 2003, meeting were approved as written.

Medical Release Form - Steve Millard presented the draft medical records release form. Mr. Millard informed the members that Idaho Health Information Management Association (IHIMA) was instrumental in the creation of this form. He reported that the subcommittee met prior to the Advisory Committee meeting and suggested minor changes. After review and discussion, the Advisory Committee approved the amended Medical Release Form by consensus. The form will be submitted to the Commission after the IHIMA has given its approval of the changes. Upon approval of the medical release form by the Commission, Mr. Millard volunteered to promote the form to the Idaho Hospital and Medical Associations for their help informing and encouraging acceptance of the form by medical professionals.

Legislation Proposed by Representative Eulalie Langford - This agenda item was taken out of order due to the time constraints of Representative Eulalie Langford. Ms. Langford presented the Committee with proposed legislative changes to Idaho Code §72-209. The Representative asked for the Advisory Committee’s approval of the proposed legislation, but stated she would submit the legislation even if it did not meet with the Committee's approval. The proposed legislation would eliminate the exclusive remedy provision of the Workers’ Compensation Law when there is a showing of gross negligence on the part of the employer that results in an accident and injury. Accompanying Representative Langford was Bill VonTagen from the Attorney General's Office. Mr. VonTagen informed the Committee that the Attorney General's Office had no opinion on the proposed legislation, but had been consulted regarding the legality of the proposed legislation. Representative Langford drafted this legislation as the result of an accident in eastern Idaho in August of 2001, which was attributed to the failure of the employer to maintain his equipment in safe working condition. It is Ms. Langford's hope that the proposed amendment would prevent this employer and others who negligently fail to maintain safe working conditions for employees from continuing to work in Idaho.

Representative Langford’s draft legislation was discussed. The members of the Advisory Committee explained the purpose and intent of the Workers’ Compensation Law through history. The Advisory Committee agreed that this proposal would not prevent the kind of accident that had occurred and that changing the law in the way proposed in the bill would cause damage to the whole system by eliminating the exclusive remedy. After further discussion, Chairman Tracy Whigam asked if there was consensus. The Committee's recommendation by consensus was not to support the legislation proposed by Representative Langford. John Greenfield indicated that he would write a personal letter to Representative Langford and Tracy Whigam volunteered to write a letter as the Chairman of the Advisory Committee to express the reasons the Advisory Committee could not support her legislation. Mr. Whigam will distribute the letter by e-mail for approval of the Advisory Committee before sending it to Ms. Langford. The Representative's address is:

Eulalie Teichert Langford or State Representative P.O. Box 386 Montpelier, ID 83254

Representative Eulalie Teichert Langford Idaho State Legislature State Capitol Building P.O. Box 83720 Boise, ID 83720-0038

 

John Tippets indicated he would contact Representative Langford in person to explain the Advisory Committee's stance, as well.

Medical Fees – Dave Gribskov reported that the Medical Fee Task Force met January 12, 2004, to examine the results of the State Insurance Fund's research on using the "Mode" in establishing the database for medical fee dispute resolution. The "Mode" pricing was found to be too unpredictable, fluctuated too much within a CPT code grouping, and did not compare well to other payment schedules such as Blue Shield, etc. Alan Conilogue, Bureau Chief of Benefits Administration, suggested using the AMA's Relative Value Units plus a conversion factor to establish the maximum payable for CPT codes. The next meeting of the Medical Fee Task Force will be held in February to research the effects of using the Relative Value Unit with a conversion factor. Rian VanLeuven thanked the members of the task force who have dedicated many hours of research and who have gone over and above what was expected of them to try to come to a satisfactory resolution of the problem.

Proposed Legislation for Redacting Decisions for Publication – John Greenfield presented the draft legislative changes to Idaho Code §9-340B(10) in the public records act. Mr. Greenfield stated that before 1990 the public records act was unclear as far as workers' compensation was concerned. The subcommittee members, John Greenfield, Jack Barrett and Alan Gardner contributed to writing the exemption for workers' compensation in 1991. The addition of (e) to §9-340B(10) provides an exemption to the contents of a claimant's file to be public. Jack Barrett commented that the biggest concern was not the claimant's name, but the medical information about the claimant. A few changes were suggested and after Mr. Greenfield made the revisions, the Advisory Committee approved the adoption of the proposed legislation of Idaho Statute §9-340B(10) by consensus. The subcommittee will look for a sponsor to introduce the bill.

Commission Finances – Bob Shosted reported that improvement in rates and premium taxes have slightly improved the monetary shortfall for the Industrial Commission. The subcommittee and Industrial Commission Director, Mindy Montgomery, have been working on a letter to submit to the Joint Finance and Appropriations Committee (JFAC) to remove funding of the Division of Building Safety's (DBS) inspection programs from the Industrial Commission. The letter was distributed to the Advisory Committee for review and discussion. Senator Andreason sent the Industrial Commission a research document from the Legislative Services Office explaining the historical funding of the safety inspection programs. Jack Barrett suggested the document be attached to the Advisory Committee's letter to JFAC with Senator Andreason's permission. Steve Millard suggested the letter contain the total dollar amount the Commission has provided in funding for safety inspection programs to the Division of Building Safety since 1989. The Advisory Committee approved by consensus the revised letter requesting alternative funding for DBS, with the research document from Senator Andreason attached. The letters will be sent to JFAC and several members of the legislature.

Several members of the Committee maintain that funding for the logging safety program should remain with the Industrial Commission.

Letter Addressing Physician's Deposition/Conference Fees - Keith Hutchinson was unable to attend the Advisory Committee meeting, but sent a draft letter addressed to the Idaho State Board of Medicine for the Advisory Committee to review. The letter asks for help in containing exorbitant fees some physicians are charging for depositions and conference fees. Discussion of the draft letter was tabled until the next meeting.

Legislation - Tracy Whigam introduced Jon Bauman, an attorney representing the Idaho Association of Commerce and Industry (IACI). Mr. Bauman was attending in Theresa Molitor's absence to inform the Advisory Committee of proposed legislation that IACI was drafting. Mr. Bauman informed the Committee that IACI was introducing two pieces of legislation affecting workers' compensation this year. IACI did not provide copies of the legislation for the Advisory Committee's review. Mr. Bauman informed the Advisory Committee that IACI is proposing to amend Idaho Code §72-424 to allow only qualified physicians to determine permanent impairment ratings for claimants. The Referees and Commissioners of the Industrial Commission would not be permitted to rate permanent impairments in claimant's cases if this legislation passes.

The second proposed legislation, Idaho Code §72-706(5), would amend the requirement for notice to be given in order to receive future medical benefits. If no claim or notice is given at the time of injury or the onset of the occupational disease, the claimant would not be entitled to future medical benefits.

The Advisory Committee requested that Mr. Bauman ask IACI for copies of the actual proposed legislation to be sent to the Commission and the Advisory Committee members. Steve Millard volunteered to inform IACI of the request, and will bring the current proposed legislation to the members of the Advisory Committee and the Industrial Commission.

Industrial Commission Report – Commission Chairman R.D. Maynard informed the members that budget savings realized by the Industrial Commission, and the slight increase in premium taxes received, have extended our projected funds shortfall possibly until Fiscal Year 2007. Chairman Maynard expressed the hope that legislation affecting the Industrial Commission would be brought to the Advisory Committee for review before submission to the legislature.

Judicial Rules of Practice and Procedure – Commissioner Kile announced that after eighteen months of working on the Judicial Rules, the Rules have to be amended. Since the HIPAA compliant medical records release form was just approved by the Advisory Committee, the Complaint Form contained in the Judicial Rules will be amended to include the new release form before the Judicial Rules can be distributed.

Commissioner Kile informed the Advisory Committee that the Industrial Commission has resumed work on a Pro Se pamphlet to explain the procedures necessary to pursue a workers' compensation dispute if the claimant does not employ an attorney.

· Keith Hutchinson – Letter Addressing Physician's Depositions and Conference Fees.

· Dave Gribskov – Medical Fee Database

· IIC Department Presentation

· Progress Report on Proposed Legislation – Dave Whaley/Commissioners