REGULATIONS
Vol. 38 Iss. 2 - September 13, 2021

TITLE 16. LABOR AND EMPLOYMENT
VIRGINIA WORKERS' COMPENSATION COMMISSION
Chapter 110
Final

REGISTRAR'S NOTICE: The Virginia Workers' Compensation Commission is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 15 of the Code of Virginia, which exempts regulations adopted pursuant to § 65.2-605 of the Code of Virginia, including regulations that adopt, amend, adjust, or repeal Virginia fee schedules for medical services, provided the Workers' Compensation Commission (i) utilizes a regulatory advisory panel constituted as provided in subdivision F 2 of § 65.2-605 to assist in the development of such regulations and (ii) provides an opportunity for public comment on the regulations prior to adoption. The commission will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC30-110. Medical Fee Schedules Regulations (amending 16VAC30-110-10).

Statutory Authority: § 65.2-605 of the Code of Virginia.

Effective Date: October 15, 2021.

Agency Contact: James J. Szablewicz, Chief Deputy Commissioner, Virginia Workers' Compensation Commission, 333 East Franklin Street, Richmond, VA 23219, telephone (804) 205-3097, FAX (804) 823-6936, or email james.szablewicz@workcomp.virginia.gov.

Summary:

The amendments update the medical fee schedule regulations to include the 2022 Medical Fee Schedules that will be applicable to medical services rendered in workers' compensation cases during the period from January 1, 2022, through December 31, 2023.

16VAC30-110-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commission" means the Virginia Workers' Compensation Commission.

"Community" means one of the six medical communities as defined in § 65.2-605 A of the Code of Virginia.

"Ground rules" means:

1. For medical services rendered during the period from January 1, 2018, through December 31, 2019, the 2018 Medical Fee Schedule Ground Rules adopted by the commission on June 13, 2017, and revised on November 14, 2017, incorporated by reference and available on the commission's website at http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules-ground-rules.

2. For medical services rendered during the period from January 1, 2020, through December 31, 2021, the 2020 Medical Fee Schedule Ground Rules adopted by the commission on July 18, 2019, and revised on October 17, 2019, incorporated by reference and available on the commission's website at http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules-ground-rules.

3. For medical services rendered during the period from January 1, 2022, through December 31, 2023, the 2022 Medical Fee Schedule Ground Rules adopted by the commission on June 29, 2021, incorporated by reference and available on the commission's website at http://websiteqa/documents/2022-medical-fee-schedules-ground-rules.

"Medical services" means any medical, surgical, or hospital service required to be provided to an injured person pursuant to Title 65.2 of the Code of Virginia, exclusive of a medical service provided in the treatment of a traumatic injury or serious burn as those terms are defined in § 65.2-605 A of the Code of Virginia.

"Virginia fee schedules" means:

1. For medical services rendered during the period from January 1, 2018, through December 31, 2019, the 2018 Medical Fee Schedules adopted by the commission on June 13, 2017, and revised on November 14, 2017, incorporated by reference and available on the commission's website at http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules.

2. For medical services rendered during the period from January 1, 2020, through December 31, 2021, the 2020 Medical Fee Schedules adopted by the commission on July 18, 2019, and revised on October 17, 2019, incorporated by reference and available on the commission's website at http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules.

3. For medical services rendered during the period from January 1, 2021, through December 31, 2022, the 2022 Medical Fee Schedules adopted by the commission on June 29, 2021, incorporated by reference and available on the commission's website at http://websiteqa/content/2022-virginia-medical-fee-schedules.

DOCUMENTS INCORPORATED BY REFERENCE (16VAC30-110)

Virginia Workers' Compensation Medical Fee Schedules Ground Rules, adopted June 13, 2017, revised November 14, 2017, Virginia Workers' Compensation Commission

Virginia Workers' Compensation Medical Fee Schedules Ground Rules, adopted July 18, 2019, revised on October 17, 2019, Virginia Workers' Compensation Commission

Virginia Workers' Compensation Medical Fee Schedules Ground Rules, adopted June 29, 2021, Virginia Workers' Compensation Commission

Virginia Workers' Compensation Medical Fee Schedules, adopted June 13, 2017, revised November 14, 2017, Virginia Workers' Compensation Commission, http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules

2020 Virginia Workers' Compensation Medical Fee Schedules adopted July 18, 2019, and revised on October 17, 2019, Virginia Workers' Compensation Commission, http://www.workcomp.virginia.gov/content/virginia-medical-fee-schedules

2022 Medical Fee Schedules adopted June 29, 2021, Virginia Workers' Compensation Commission, http://websiteqa/content/2022-virginia-medical-fee-schedules

VA.R. Doc. No. R22-6933; Filed August 25, 2021