Risk & Business Magazine Spectrum Insurance Magazine Fall 2017 | Page 25

WISCONSIN WORKER’S COMPENSATION Wisconsin Worker’s Compensation Fee Schedule Back On The Table T he Wisconsin Worker’s Compensation Advisory Council (WCAC) has developed legislation to implement a worker’s compensation fee schedule. Legislation has been proposed in the past, and it’s unclear if there is enough traction in the state legislature to get a fee schedule approved. The WCAC would require the Department of Workforce Development (DWD) to develop a medical fee schedule that approximates the average negotiated price of group health in Wisconsin. In developing the fee schedule, DWD would utilize available data sources, including surveying self-insured employers to request price data by CMS CPT codes. The fee schedule would be constructed initially by applying a percentage increase to Medicare rates. This would result in the fee schedule approximating the average negotiated group health price. Annually thereafter, the fee schedule would be adjusted by an amount equal to medical inflation. The department would repeat the data collection and analysis in order to reset the medical fee schedule rates every 10 years. The fee schedule would include a 2.5 percent increase above the DWD-determined average negotiated group health price to reimburse medical providers for administrative expenses associated with worker’s compensation claims unless providers bring data forward to DWD that proves the amount of uncompensated administrative expenses associated with such claims is higher than 2.5 percent but no higher than 10 percent. The fee schedule would be in place starting January 1, 2019. WHY IS THE FEE SCHEDULE DISCUSSION BACK? Wisconsin Manufacturers & Commerce (WMC) appears to be the driving force behind the movement to implement a fee schedule. WMC argues that despite the reduction in work-related injuries from 1994 to 2014, medical costs for worker’s compensation claims continue to skyrocket. Medical bills have increased over 450 percent per claim over that same period. KEY FACTS WHY A FEE SCHEDULE IS NEEDED ACCORDING TO WMC Wisconsin is the most expensive state for worker’s compensation medical payments • • • 60 percent above the median for 2014/15 for injuries with at least seven days lost time 47 percent above the median for 2014/15 for all injuries 39 percent above the median for injuries with at least seven days lost time 2012/15 Wisconsin has the highest hospital and nonhospital outpatient payments per claim Wisconsin has the most expensive nonhospital prices Wisconsin has the most expensive outpatient claim payments Wisconsin has the fastest growth of medical costs in the nation Wisconsin has a significant difference between group hea lth prices and worker’s compensation prices, even for identical procedures BY: eivind oland INSURANCE COUNSELOR & ADVISOR • Knee Arthroscopy costs 237 percent more under worker’s compensation • Shoulder Arthroscopy costs 221 percent more under worker’s compensation • Rotator Cuff repair costs 180 percent more under worker’s compensation Wisconsin is only one of six states not to have a medical fee schedule for worker’s compensation. Many states allow employers to direct care of injured workers, similar to how group health works. States without a fee schedule typically are the most expensive states Wisconsin is only state without a medical fee schedule or employer- directed care From 1994 to 2014, annual medical costs in Wisconsin for worker’s compensation have risen from $314 million to $648 million despite a significant reduction in claims. + Eivind Oland has 36 years of commercial property & casualty and risk management experience. During his career, he has gained extensive knowledge in the insurance field as a multi-line underwriter, commercial lines marketer and account executive.  He is currently a Certified Insurance Counselor, an Accredited Advisor in Insurance and a Certified WorkComp Advisor. He can be reached at 715.858.5025 or e.oland@ spectruminsgroup.com 25