No Changes to DWC-1, Pamphlet, Posting Notices or Benefit Notice Regs For January 2015
CWCI has confirmed with DWC Acting Administrative Director Destie Overpeck that changes to the workers’ compensation benefit notice regulations are still in the works and will not be finalized until sometime next year. Ms. Overpeck further notes that once those changes are adopted, DWC expects to allow a grace period for implementation, so claims organizations should continue to use current versions of the new hire pamphlets (CCR §9880); posting notices (CCR §§9881 – 9881.1); DWC-1 claim form and Notice of Potential Eligibility (CCR §10139); and benefit notice letters (CCR §§9810-9815) as they prepare their claims kits for 2015 and until further notice.
The DWC released draft changes to the benefit notice regulations earlier this year for a 45-day public comment period that ended September 3, but after receiving extensive feedback from CWCI, claims administrators, applicants’ attorneys and others in the community, no additional drafts have been released. Given the DWC’s regulatory agenda, and the time required to redraft and obtain approval for any changes to the benefit notice regulations, it should be several months before any revisions are adopted. For frame of reference, it should be noted that the Administrative Procedures Act requires that unless regulations are adopted on an emergency basis or the state agency prescribes an earlier date, regulations must be approved by OAL and filed with the Secretary of State before February 29 to take effect by April 1, while regulations filed March 1 to May 31 take effect July 1, so claims administrators should not need to make any changes until well into 2015.
CCR 9883 allows insurers, employers or private enterprises to develop their own versions of the workers’ compensation posting notice and new hire pamphlet, and CWCI updated and obtained DWC approvals for its versions of these materials following enactment of SB 863. An additional update was made to the new hire pamphlet in June to include the revised physician predesignation form and the personal chiropractor/acupuncturist form that took effect July 1. On the other hand, both the DWC-1 claim form/NOPE and DWC’s version of the posting notice are imbedded in the regulations and the state has not updated them since SB 863 was passed 2 years ago.
As the regulatory process unfolds, CWCI will continue to provide comments on the proposed changes and notify you when new materials are required and available. In the meantime, claims administrators and employers can continue to use current DWC-approved versions of posting notices and new hire pamphlets, and the DWC-1/NOPE (Rev. 6/10), so you may want to make sure you have enough inventory to last through the first few months of 2015. CWCI will continue to stock these notices in our Forms/Publications Store (http://www.cwci.org/store.html) if you need to reorder.
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