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EMERGENCY MEDICAL-LEGAL EVALUATION REGULATIONS BECOME PERMANENT
The COVID-era emergency regulations regarding medical-legal evaluations became permanent with the approval by the Office of Administrative Law (OAL) effectively on February 2, 2023. While most of the original regulations remain intact, some subtle changes include:
a) §31.3(e): Extends the time frame for the initial exam by 30 days (90 days from date of request, 120 days if authorized by the scheduling party, or beyond 120 days if agreed to by both parties).
b) §31.3(f): The scheduling timeframes also applies to subsequent evaluations.
c) §34(b): Parties can agree for the initial (or any) exam to occur at any of QME's offices that are listed with the DWC Medical Director.
d) §34(e): AME/QME can reschedule an exam within 60 days of cancellation (as oppose to the previous 30 days) or longer if agreed upon by the parties.
e) §46.3: Remote Health (formerly called telehealth) is allowed when both parties can visually see and hear each other, complies with state and federal laws, a hands on physical exam is not needed, and otherwise meets all four of these conditions: 1) Medical dispute involving aoe/coe, ending TD benefits, or work restrictions; 2) All parties agree; 3) Exam is done consistently with AMA Guides 5th edition; and 4) QME attests in writing the exam does not require an in-person physical exam.
[COMMENT: The DWC withdrew proposed amendments to Section 34 pertaining to electronic service, which are being modified and will be resubmitted.]
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