DAR File No. 40817

Labor Commission, Industrial Accidents

Section R612-300-8

Travel Allowance for Injured Workers

Notice of Proposed Rule

(Amendment)

DAR File No.: 40817
Filed: 09/22/2016 02:59:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct an inadvertent change to the travel reimbursements injured workers are entitled to.

Summary of the rule or change:

The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013, but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers� community.

Statutory or constitutional authorization for this rule:

• Section 34A-1-104
• Section 34A-2-201

Anticipated cost or savings to:

the state budget:

When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013.

local governments:

When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013.

small businesses:

When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013.

persons other than small businesses, businesses, or local governmental entities:

When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013.

Compliance costs for affected persons:

The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013 but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers� community. When the initial change took place in 2013, the Labor Commission was not aware of a decrease to premiums or savings so the Commission does not anticipate an increase or added expense now. This is also supported by the fact that the increase impacts a minute number of injured workers and that the reimbursement itself is typically a small amount and was being paid prior to 2013.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule amendment adds back into the rule the provision that injured workers are entitled to be reimbursed for "other" travel expenses (typically defined as mileage) regardless of distance traveled. This is identical to what the rule stated prior to 2013 but changed at that time to only reimburse other travel expenses when traveling outside of the injured workers' community.

Jaceson R Maughan, Acting Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Labor Commission
Industrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/15/2016

This rule may become effective on:

11/22/2016

Authorized by:

Jaceson Maughan, Acting Commissioner/General Counsel

R612. Labor Commission, Industrial Accidents.

R612-300. Workers' Compensation Rules - Medical Care.

R612-300-8. Travel Allowance for Injured Workers.

A. Payment for Travel to Obtain Medical Care. An injured worker who must travel outside his or her community to obtain necessary medical care is entitled to payment of meals[,] and lodging[and other travel expense]. An injured worker is entitled to other travel expenses regardless of distance. Payors shall reimburse injured workers for these expenses according to the standards set forth in State of Utah Accounting Policies and Procedures, Section FIACCT 10-02.00, "Travel Reimbursement".

1. All travel must be by the most direct route and to the nearest location where adequate treatment is reasonably available.

2. Travel may not be required between the hours of 10:00 p.m. and 6:00 a.m., unless approved by the Commission.

B. Time Limits for Requesting and Paying Travel Expenses.

1. Requests for travel reimbursement must be submitted to the payor for payment within one year after the subject travel expenses were incurred;

2. The payor must pay an injured employee's travel expenses at the earlier of:

a. Every three months;

b. Upon accrual of $100 in such expense; or

c. At closure of the injured worker's claim.

C. Prescriptions. Travel allowance shall not include picking up prescriptions with the following exceptions:

1. Travel allowance will be allowed if documentation is provided substantiating a claim that prescriptions cannot be obtained locally within the injured worker's community;

2. Travel allowance will be allowed in instances where dispensing laws do not allow a medication to be called in to a pharmacy thus requiring an injured worker to physically obtain an original prescription from the provider's office.

 

KEY: workers' compensation, fees, medical practitioners

Date of Enactment or Last Substantive Amendment: [December 8, 2015]2016

Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201