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Medical Benefits
The Minnesota workers’ compensation statutes entitle an employee to reasonable
and necessary medical treatment or supplies to cure or relieve the effects of the
work injury. The employer is required to furnish medical treatment as described by
Minnesota Statutes §176.135, Subd. 1 including, but not limited to, psychological,
chiropractic, podiatric, surgical, and hospital treatment.
The primary health care provider directs and coordinates care of the employee. An
employee may have only one primary health care provider at a time. The selection
of a primary health care provider by an employee covered by a certified managed
care plan is governed by the certified plan and Minnesota Rules Chapter 5218.
The employee is allowed to change their primary health care provider once within
60 days of initiating treatment without approval from the insurer, commissioner, or a
workers’ compensation judge. After the first 60 days of treatment, any changes of
primary health care provider must be approved by the insurer, commissioner, or a
workers’ compensation judge.
Basic Adjusters’ Training Guide July 2007
MN Department of Labor and Industry 3-1
Medical Benefits
If the employee or health care provider initiates treatment without the required
approval of a change of health care provider, the insurer may not be liable for
treatment rendered prior to approval.
HIPAA recognizes the legitimate need of insurers and other entities in the workers’
compensation system to have access to an individual’s health information as
authorized by state or other laws. Thus, HIPAA permits a health care provider to
disclose personal health information as authorized by and to the extent necessary
to comply with laws relating to workers’ compensation. However, HIPAA requires a
health care provider to limit the amount of health information that is not required by
law to the minimum necessary to accomplish the workers’ compensation purpose.
Medical data includes medical office notes, reports, hospital records, medical bills,
in-person and telephone discussion, and faxed information. In Minnesota, medical
data related to a current claim for compensation may be released in specific
situations. A current claim for compensation is defined under Minnesota Rules Part
5220.2810, Subp. 2 as one in which benefits are being paid to or claimed by an
employee, whether or not a claim petition has been filed.
• Release of medical data that is not related to a current claim for compensation.
• Make the request in writing to the person or organization possessing the data.
• Identify the requester by name, organization, and relationship to the claim, e.g.,
the employee, insurer, or employer who are parties to the claim.
• Send written notification of the request to the employee (and attorney) at the
time the request is made.
• Provide the employee or attorney with copies of all data requested or received.
The health care provider must provide existing medical data within seven working
days of receiving the request. Failure to release the data in a timely manner may
result in penalties of up to $600.00.
Non-written data (discussions) may, but is not required to be, provided by the
health care provider. When requesting non-written medical data, the requester
must do all of the following:
• Confirm in writing the date of the scheduled discussion with the provider
participating in the discussion.
• Send the employee (and attorney) a written notice of the request for discussion
with the provider at the same time the request is made, or a written
confirmation of the discussion.
• Provide the employee or attorney with copies of all data requested or received.
Failing to comply with the requirements of Minnesota Statutes §176.138 to keep the
employee informed of all communication concerning medical information and failing
to inform the employee’s attorney of such communication, may result in exclusion
of the medical data from evidence in workers’ compensation hearings (Olson v.
Quality Pork Processors, WCCA 11/21/96). A party that does not treat the medical
data as private is guilty of a misdemeanor.
A health care provider may charge up to $0.75 per page for the first copy of the
“appropriate record” when provided to the payer to substantiate a service being
billed. This amount applies whether the record is provided with the bill, sent
separately, or in response to a request from the payer for an appropriate record.
For all other copies of records, the health care provider may charge a $10.00
retrieval fee and $0.75 per page. The health care provider may also charge actual
postage, any Minnesota sales tax, and notary fees. Reimbursement to the health
care provider must be made within 30 days of receipt of the copies.
Medical Reports
(Minnesota Rules Part 5221.0410)
Required Reports
The primary health care provider must provide information critical to administering a
workers’ compensation claim promptly to the employer, insurer, or department. A
health care provider is not reimbursed for providing information from a required
form, but the provider may itemize this service on a bill using CPT code 99080.
Two forms are used to request required information from a health care provider:
1. The Health Care Provider Report (HCPR) identifies the following required
information:
• diagnosis
• any surgery
The insurer should complete the top of the form and specify which questions
are to be answered. The HCPR is commonly used to request the doctor’s
opinion on MMI and PPD.
2. The Report of Work Ability (RWA) identifies the following required information:
The primary health care provider must provide a RWA to the employee at the
following intervals:
• every visit if visits are less frequent than once every two weeks; or
• every two weeks if visits are more frequent than once every two weeks,
unless restrictions change sooner; or
The employee must promptly submit the RWA to the employer or insurer and
the assigned rehabilitation provider (QRC).
The primary health care provider must respond within 10 days of receipt of a
request for information on a required report (HCPR or RWA). The provider may
respond on the form or in a narrative report. Failure to respond to the department’s
request for information on a required form may result in penalties.
Supplementary Reports
The employer, insurer, employee, or department may request information about the
nature and extent of an injury without using the HCPR or RWA. A written response
to requests for information not required on the HCPR or RWA from the health care
provider is considered a supplementary report. A health care provider is not
required to respond to a request for supplementary information nor is there a time
limit for a response. The health care provider may charge a reasonable fee for
providing supplementary information. The charge for the supplementary report is
listed using CPT code 99199 on an itemized bill and is not subject to a fee
reduction.
EMPLOYEE EMPLOYER
INSURER ADDRESS
REQUESTER must specify all items to be completed by health care provider. Items: MMI (#9) PPD (#10)
HEALTH CARE PROVIDER TO COMPLETE ITEMS REQUESTED ABOVE
4. In your opinion (as substantiated by the history and physical examination) was the injury or disease caused, aggravated or accelerated
by the employee’s alleged employment activity or environment? No Yes
5. Is there evidence of pre-existing or other conditions that affect this disability? No Yes If yes, describe:
6. Is further treatment of this injury or referral to another doctor planned? No Yes If yes, describe:
5223. % 5223. %
5223. % 5223. %
CITY STATE ZIP CODE PHONE # (include area code) DATE SIGNED
MN HC01 (8/04)
NOTICE TO EMPLOYEE: SERVICE OF THIS REPORT OF MAXIMUM MEDICAL IMPROVEMENT (SEE DEFINITION IN INSTRUCTIONS
FOR ITEM 9) MAY HAVE AN IMPACT ON YOUR TEMPORARY TOTAL DISABILITY WAGE LOSS BENEFITS. IF THE INSURER
PROPOSES TO STOP YOUR BENEFITS, A NOTICE OF INTENTION TO DISCONTINUE BENEFITS SHOULD BE SENT TO YOU. IF YOU
HAVE ANY QUESTIONS CONCERNING YOUR BENEFITS OR MAXIMUM MEDICAL IMPROVEMENT, YOU MAY CALL THE CLAIM
REPRESENTATIVE OR THE DEPARTMENT OF LABOR AND INDUSTRY, WORKERS’ COMPENSATION DIVISION AT (651) 284-5030
OR 1-800-342-5354.
Within ten (10) calendar days of receipt of a request for information on the Health Care Provider Report from an employer, insurer, or the
commissioner, a health care provider must respond on the report form or in a narrative report that contains the same information. (Minn. Rules
5221.0410, subp. 2)
A. The employer, insurer, or Commissioner may request required medical information on the Health Care Provider Report form.
• The requester must complete the general information identifying the employee, employer, and insurer.
• The requester must specify all items to be answered by the health care provider.
• For those injuries that are required to be reported to the Division, the self-insured employer or insurer must file reports with the
Division. (M.S. § 176.231, subd. 1 and Minn. Rules 5221.0410, subp. 5 and subp. 8)
• The self-insured employer or insurer must serve the report of maximum medical improvement (MMI) on the employee. (M.S. §
176.101, subd. 1(j) and Minn. Rules 5221.0410, subp. 3)
B. Instructions to the Health Care Provider for completing the Health Care Provider Report:
• Item 6: Indicate if further treatment or referral is planned. Describe the treatment plan (e.g., continue medication, refer to physical
therapy, refer to a specialist, perform surgery).
• Item 7: State if surgery has been performed. If yes, fill in the date performed and describe the procedure.
• Item 8: Attach the most recent Report of Work Ability. (Minn. Rules 5221.0410, subp. 6)
• Item 9: Indicate if the employee has reached MMI. If yes, fill in the date MMI was reached. At MMI, permanent partial disability
(PPD) must be reported (item 10). (M.S. § 176.011, subd. 25 and Minn. Rules 5221.0410, subp. 3)
MAXIMUM MEDICAL IMPROVEMENT means “The date after which no further significant recovery from or significant lasting
improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and
regardless of subjective complaints of pain.”
• Item 10: The health care provider must render an opinion of PPD when ascertainable, but no later than the date of MMI. (M.S. §
176.011, subd. 25 and Minn. Rules 5221.0410, subp. 4)
Indicate if the employee sustained PPD from this injury. Check one of the three boxes (too early to determine, no, yes). If yes,
specify any applicable category of the PPD schedule in effect for the employee’s date of injury. Report any zero ratings.
• Identify the health care provider completing the report by name, professional degree, license or registration number, address, and
phone number.
• The health care provider must sign and date the report.
This material can be made available in different forms, such as large print, Braille or on a tape. To request, call (651) 284-5030 or
1-800-342-5354 (DIAL-DLI) Voice or TDD (651) 297-4198.
ANY PERSON WHO, WITH INTENT TO DEFRAUD, RECEIVES WORKERS’ COMPENSATION BENEFITS TO WHICH THE PERSON IS NOT ENTITLED BY
KNOWINGLY MISREPRESENTING, MISSTATING, OR FAILING TO DISCLOSE ANY MATERIAL FACT IS GUILTY OF THEFT AND SHALL BE
SENTENCED PURSUANT TO SECTION 609.52, SUBDIVISION 3.
Report of Work Ability
See Instructions of Reverse Side
R W 0 1
Please PRINT or TYPE your responses.
Enter dates in MM/DD/YYYY format. DO NOT USE THIS SPACE
This form must be provided to the employee.
(Minn. Rules 5221.0410,l subd. 6)
NOTICE TO EMPLOYEE: YOU MUST PROMPTLY PROVIDE A COPY OF THIS REPORT
TO YOUR EMPLOYER OR WORKERS’ COMPENSATION INSURER, AND QUALIFIED
REHABILITATION CONSULTANT IF YOU HAVE ONE.
SOCIAL SECURITY NUMBER DATE OF INJURY
EMPLOYEE
EMPLOYER
INSURER/SELF-INSURER-TPA
Select the appropriate option(s) below and fill in the applicable dates.
CITY STATE ZIP CODE PHONE # (include area code) DATE SIGNED
MN RW01(9/04)
INSTRUCTIONS FOR COMPLETING REPORT OF WORK ABILITY
Each health care provider directing the course of treatment for an employee who alleges to have incurred an injury on the job must complete a
Report of Work Ability within 10 days of a request for a Report of Work Ability from the insurer, or at the applicable interval (Minn. Rules
5221.0410, subp. 6):
1. every visit if visits are less frequent that one every two weeks;
2. every 2 weeks if visits are more frequent than once every two weeks, unless work restrictions change sooner; and
3. upon expiration of the ending or review date of the restrictions specified in a previous Report of Work Ability.
The Report of Work Ability must either be on this form or in a report that contains the same information. The Report of Work Ability must:
• Identify the employee by name, social security number, and date of injury.
• Identify the employer at the time of the employee’s claimed work injury.
• If known, identify the workers’ compensation insurer at the time of the claimed injury, or the workers’ compensation third-
party administrator. Also indicate this workers’ compensation payer’s claim number.
• Indicate the date of the most recent examination by this office. The Report of Work Ability should be completed based on
this evaluation.
• Identify the appropriate option which best describes the employee’s current ability to work by checking box 1, 2, or 3.
1. If the employee is able to work without restrictions, fill in the beginning date.
2. If the employee is able to work with restrictions, fill in the date any restriction of work activity is to begin and the
anticipated ending or review date. Describe any restrictions in functional terms (e.g., employee can lift up to 20 pounds,
15 times per hour; should have 10 minute break every hour).
3. If the employee is unable to work at all, fill in the date the restriction of work activity is to begin and the anticipated ending
or review date.
• Indicate the date of the next scheduled visit or indicate that additional visits will be scheduled as needed.
• Identify the health care provider completing the report by name, professional degree, license or registration number, address
and phone number.
• Include the signature of the health care provider and date of the report.
The health care provider must provide the Report of Work Ability to the employee and place a copy in the medical record.
If you have questions, please call the claim representative or the Department of Labor and Industry, Workers’ Compensation Division at (651)
284-5030 or 1-800-342-5354.
This material can be made available in different forms, such as large print, Braille or on a tape. To request, call (651) 284-5030 or
1-800-342-5354 (DIAL-DLI) Voice or TDD (651) 297-4198.
ANY PERSON WHO, WITH INTENT TO DEFRAUD, RECEIVES WORKERS’ COMPENSATION BENEFITS TO WHICH THE PERSON IS NOT ENTITLED BY
KNOWINGLY MISREPRESENTING, MISSTATING, OR FAILING TO DISCLOSE ANY MATERIAL FACT IS GUILTY OF THEFT AND SHALL BE
SENTENCED PURSUANT TO SECTION 609.52, SUBDIVISION 3.
Medical Benefits
In addition to completing the required RWA, a health care provider must participate
in return to work planning by communicating with the employee, employer, insurer,
QRC, and department. A health care provider must respond within 10 days to a
request from the employee, employer, insurer, or QRC regarding whether the
physical requirements of a proposed job are within the employee’s medical
restrictions or whether more information is necessary to make that determination.
Minnesota Rules Part 5221.0420, Subp. 2B describes other situations in which the
health care provider must communicate with the assigned QRC.
A QRC must provide a signed authorization from the employee to the health care
provider prior to discussing the employee’s case or requesting medical information.
A health care provider may not require prepayment for communication concerning
return to work planning, but may bill a reasonable fee for communication with any
party to the claim except the employee. The health care provider may charge an
insurer for communication for return to work planning using code 99199 on an
itemized bill. The fee is not subject to a fee reduction. Counseling the employee
about return to work is considered part of an office visit charge.
• Charge the workers’ compensation payer the same amount other payers are
billed for the same service (usual and customary).
• Itemize services and use appropriate billing codes on prescribed forms; CMS
1500 for professional services and clinics, UB 92 (CMS 1450) for hospitals,
uniform pharmacy claim form, and uniform dental billing form.
• Payers and providers agreeing to submit and remit bills electronically must
comply with the requirements of Minnesota Statutes §62J.535.
• Submit the bill to the payer within 60 days of the provider knowing the condition
is claimed by the employee as work related.
• If not submitted within six months, the payer can deny payment under
Minnesota Statutes §62Q.75, Subd. 3.
• Send an appropriate record with the bill. A hospital must send an appropriate
record only upon request.
Payer Responsibilities
(Minnesota Rules Part 5221.0600)
Within 30 days of receipt of a bill from a health care provider, a payer must:
• Deny all or any portion of a charge, giving the specific reason and citing the
rule, part, and subpart supporting the denial; and/or
Interest and penalties may be assessed for a late response. The payer must notify,
in writing, the provider and the employee that payment is denied. Within 30 days of
receipt of requested information the payer must reconsider the charges.
Excessive Charges
(Minnesota Rules Part 5221.0500)
A payer is not liable for charges from a health care provider that are excessive. A
charge is considered excessive if any of the following conditions apply:
• The charge duplicates another charge for the same service, article, or supply.
• The charge exceeds the provider’s current usual and customary charge.
• The charge is described by a billing code that does not reflect the actual
service provided.
• Where a change of doctor has not been approved, if required under Minnesota
Rules Part 5221.0430.
If the payer determines that a service or charge is excessive, the health care
provider may not collect from the employee or any other source unless payment is
ordered by the commissioner or a workers’ compensation judge. The health care
provider must remove the charges from the bill. If a dispute exists about whether
Under Minnesota workers’ compensation law there are limited circumstances under
which an employer may require an employee to receive medical treatment from a
designated provider. Minnesota Statutes §176.135, Subd. 1(f) provides that an
employer may require that treatment and supplies for a work-related injury be
received from a managed care organization certified by the department.
• utilization review
• peer review
• dispute resolution
Employee Notice
(Minnesota Rules Part 5218.0250)
An employer can not require an employee to treat under a CMCO until the
employee receives notice of CMCO coverage. An employer must give this
information to an employee when the employer enrolls in the CMCO and when the
employer receives notice of injury. In addition, the employer must post the notice of
CMCO coverage on the premises. The posted and individual notices must include
all of the information outlined in Minnesota Rules Part 5218.0250.
There are several exceptions to the requirement that an employee treat with a
participating provider.
The first exception allows an employee to see a health care provider outside the
CMCO network if all of the following apply:
• The provider has a documented history of treatment with the employee before
the date of injury.
A second exception allows an employee to see a primary health care provider of his
choice if no primary health care provider is within certain mileage requirements. In
the seven county metro area, the provider must be within 30 miles of the
employee’s home or job. In out-state Minnesota, the provider must be within 50
miles of the employee’s home or job. If an employee needs specialty services, the
CMCO may refer the employee to a participating provider located beyond the
mileage requirements. However, if the employee in need of specialty services is
medically unable to travel, the CMCO must refer the employee to a non-
participating provider located within the mileage requirements.
• In cases of an emergency.
• Where the employee is injured before the effective date of CMCO coverage.
• Where the employer does not give the employee notice of CMCO coverage.
• Where the employer does not require the employee to treat with a participating
provider before accepting liability. If the employer accepts liability within
fourteen days of notice of injury, the employer can then require the employee
to treat with a participating provider. If liability is accepted later than fourteen
days of notice of injury, the employee is not required to treat with a
participating provider.
As outlined above, there are situations where an employee may treat with a non-
participating provider. In those situations, the non-participating provider must agree
to comply with the CMCO treatment standards, utilization review, peer review,
dispute resolution, and billing and reporting procedures. The provider must also
agree to refer the employee to a participating provider if specialty services are
needed. A non-participating provider who does not follow these rules may be
subject to denial of payment. A non-participating provider must resolve disputes
involving treatment or compliance with CMCO procedures through the CMCO
dispute resolution process.
Employees may change primary health care providers at least once without going
through CMCO dispute resolution. However, the employee must make the request
to the CMCO. Changing from an evaluating health care provider to a primary
health care provider is not considered a change unless the employee has received
treatment from the evaluating provider more than once for the injury. A referral to a
specialist is not considered a change of health care provider. All other changes of
health care provider must be approved by the CMCO.
CMCOs are required to provide medical case management by licensed health care
professionals. The medical case manager must monitor, evaluate, and coordinate
the delivery of quality, cost effective medical treatment, and must promote an
appropriate, prompt return to work. The medical case manager must facilitate
communication among the employee, health care provider, insurer, employer, and
QRC.
Dispute Resolution
(Minnesota Rules Part 5218.0700)
Issues that are subject to CMCO dispute resolution include, but are not limited to:
Issues that are not subject to the CMCO dispute resolution process include, but are
not limited to:
• can not require an employee to see a health care provider designated by the
employer or insurer.
• may discount fees through contracts with individual health care providers.
• are not required to provide peer review, utilization review, dispute resolution, or
medical case management.
2. Three years ago, Ralph treated with a chiropractor, Dr. Jones, for several visits
over a period of two months for a neck injury resulting from a motor vehicle
accident. Ralph injured his low back at work and wants to treat with Dr. Jones.
If Dr. Jones is not a participating provider, can Ralph see him? Why?
3. Dr. Jones recommends that Ralph have a CT scan. What must Dr. Jones do?
4. The CT scan is denied. What course of action may be taken to resolve the
issue?
Treatment Parameters
The treatment parameters for workers’ compensation are found in Minnesota Rules
Parts 5221.6010 through 5221.6600.1 The parameters apply to all dates of injury
and all health care providers.
The rules do not affect determinations of liability for an injury. The parameters do
not apply to treatment of an injury or condition for which the insurer has denied
liability. If the insurer reverses a denial, the parameters apply to all treatment after
the claim has been accepted.
Guidelines have been established for some common work-related injuries; low back
pain, neck pain, thoracic back pain, upper extremity disorders, and reflex
sympathetic dystrophy. The parameters also include broad guidelines that reflect
good medical practice that apply to all injuries. These general parameters also
describe procedural obligations to facilitate communication between the insurer and
the health care provider.
• hospitalization
• surgical procedures
• chronic management
1
This guide contains only a summary overview of some of the treatment parameter rules. You
should read each rule before applying it. Specific information regarding parameters for each phase
of treatment is divided according to the area of injury, and is located within the following sections:
The general parameters (Minnesota Rules Part 5221.6050) also outline standards
of good medical practice. As part of these standards, a course of treatment must
include an initial trial of non-operative treatment, except in cases where immediate
surgical intervention is indicated or when surgery is the standard treatment for the
injury. Another component of the general parameters is the expeditious transfer of
information when an employee is referred for consultation with or care is transferred
to another health care provider. This transfer of information is important because a
health care provider must consider all prior care when developing an appropriate
treatment plan.
The rules for each of these specific conditions describe reasonable medical
services from all health care providers for the entire course of treatment of the
compensable injury. The course of care by all health care providers over time for
an injury is an episode of care.
The rules require a health care provider to assign the employee to a clinical
category based on the evaluation, diagnosis, and clinical signs and symptoms. The
clinical categories are listed in the treatment parameters and vary according to the
area of the body that is injured. For example, an employee with low back pain must
be placed in one of the following categories identified in Minnesota Rules Part
5221.6200, Subp. 1:
Based upon the applicable condition and the assigned clinical category, the rules
outline the health care provider’s choices for reasonable diagnostic tests and
treatment options. The majority of diagnostic tests and treatments are optional at
the provider’s discretion, however the rules limit the number, frequency, and
duration of a service. In certain circumstances, specific diagnostic or treatment
procedures may be proscribed.
• surgical evaluation
• chronic management
Not every injury will require each phase. For instance, only non-surgical
management may be necessary for a minor injury. Additionally, surgery may be
indicated for a particular injury, but if the employee refuses surgery, treatment may
move directly to the chronic management phase.
Passive Treatment
During the initial non-surgical management and surgical evaluation phases, passive
treatment modalities are allowed. The parameters identify nine types of passive
treatment modalities. In general, the frequency with which a passive modality is
used is expected to decrease after the first one to three weeks. The use of all
passive treatment modalities is limited to 12 calendar weeks after the first passive
treatment modality is initiated with some exceptions:
maintenance of, the functional status achieved during the initial 12 weeks
of passive care.
Active Treatment
Progressive Improvement
The health care provider must evaluate at each visit whether initial non-surgical
treatment for low back, cervical, thoracic, and upper extremity conditions is
resulting in progressive improvement. Progressive improvement must be
documented in the medical record and is defined in Minnesota Rules Part
5221.6050, Subp. 1 as at least two of the following occurring as a result of the
treatment rendered:
Any employee who has had surgery may require postoperative therapy which
includes active and passive treatment modalities. This therapy may be in addition
to any received during the period of initial non-surgical management.
Departures
(Minnesota Rules Part 5221.6050, Subp. 8)
affected by the work injury. In this case, the health care provider must
document the specific work activities that place stress on the affected body
part, a detailed treatment plan, treatment given at each visit, employee’s
response to each treatment, and efforts to promote employee independence
from clinical care.
• Where treatment continues to meet two of the three criteria for progressive
improvement.
• An incapacitating exacerbation.
The health care provider must provide prior notification of treatment that departs
from a parameter.
Prior Notification
(Minnesota Rules Part 5221.6050, Subp. 9)
Provider Request
The health care provider must notify the insurer in writing or verbally of proposed
treatment at least seven working days prior to the initiation of the following
treatments:
• treatment that departs from a parameter that limits the duration or type of
treatment
If the health care provider initiates a treatment that departs from a parameter due to
an incapacitating exacerbation or an emergency, the health care provider must
notify the insurer within two business days of the treatment being initiated and
provide specific information about the employee’s diagnosis and the treatment plan.
Insurer Response
Within seven working days of receipt of the provider’s prior notification the insurer
must respond orally or in writing. If the health care provider does not receive a
response within seven working days, authorization for the proposed treatment is
deemed to have been given. The insurer’s response will do one of the following:
• approve treatment;
• deny treatment;
• request an IME.
If authorization for treatment is denied, the insurer must notify the employee and
health care provider of the reason the information given by the health care provider
does not support the proposed treatment. The written explanation must also notify
the provider and employee of the right to a review of the denial by an appropriate
licensed health care professional.
The insurer may delegate responsibility for notices and responses to a certified
managed care organization. Alternatively, the CMCO may act as the intermediary
between the health care provider and the insurer.
If payment for treatment that departs from the parameters is denied, the insurer
must notify the employee and the health care provider in writing of the reason for
the denial. The notice must cite the specific rule part and subpart that supports the
denial (as required under Minnesota Rules Part 5221.0600, Subp. 4). The notice
must also include a statement that the parameters permit departure in specified
circumstances (see Departures above).
If the insurer denies authorization or payment, the health care provider or the
employee may request a determination from the commissioner or a compensation
judge by filing a Medical Request form. The Medical Request may not be filed prior
to completion of the certified managed care plan’s dispute resolution process, if
applicable.
Reference Materials
The department did not create the coding systems and claim forms used by health
care providers when billing for their services. Manuals offering more detailed
instructions must be used as reference in order to determine if the charges of the
provider have been submitted using the correct codes for all services. The
following coding manuals and claim forms have been incorporated by reference, as
their use is essential to the correct assignment of billing codes and appropriate use
of the claim forms:
• CMS-1500 form (The Center for Medicare and Medicaid claim form) and the
Minnesota Standards for the Use of the CMS 1500 Claim Form manual.
• UB-92 form (The Uniform Billing claim form) and the Manual for the Standards
of Use of the UB-92 Form.
For example, the maximum reimbursement according to the fee schedule and
conversion factor, effective on January 1, 2003, for a level 2 office visit for an
established patient (CPT code 99212) provided by a physician in an office setting
would be:
The conversion factor is adjusted annually on October 1st. The conversion factors
since 1993 are listed in Minnesota Rules Part 5221.4020.
For services on and after October 1, 2005, all scaling factors were removed from
the RVUs and four separate CFs are calculated for the following provider groups;
medical/surgical, pathology/laboratory, physical medicine and rehabilitation, and
chiropractic. Below are CFs for these groups for dates of service from October 1,
2006 through September 30, 2007:
• medical/surgical: $76.87
• pathology/laboratory: $64.19
July 2007 Basic Adjusters’ Training Guide
3-22 MN Department of Labor and Industry
Medical Benefits
• chiropractic: $55.35
The formula used to determine payment is the same, but the new list of RVUs and
the CFs that corresponds to the provider rendering the service must be used.
The payment methods described below apply to all health care services except
those provided by a small hospital or to an employee who is an inpatient at a large
hospital. The maximum payment allowed will be a set dollar amount derived from
the fee schedule, a percentage of the health care provider’s usual and customary
fee, or a percentage of a prevailing charge appropriately established by the payer.
If the billing code is listed in the fee schedule in effect on the date of service, the
payer’s liability is the maximum reimbursement under the fee schedule or the
provider’s usual and customary fee, whichever is lower. Maximum reimbursement
under the fee schedule is ascertained by multiplying the RVU for the service by the
CF in effect on the date of service. If the billing code is listed, but no RVU has
been assigned (RVU = 0.00), the status of the code (listed in column three) may
indicate that payment is still required. If payment is required, the amount is
determined in the same manner as when a code is not listed in the fee schedule,
which is outlined below.
If the billing code is not listed in the fee schedule in effect on the date of service,
the payer’s liability is the lower of 85 percent of the provider’s usual and customary
fee or 85 percent of an appropriately established prevailing charge. The criteria for
establishing a prevailing charge are outlined under Minnesota Rules Part
5221.0500, Subp. 2B(2).
• The rate paid by the employer for ordinary business travel expenses; or
• The rate paid by the State of Minnesota under the Commissioner’s Plan for
employment-related travel.
• The billing code is listed in the schedule in effect on the date of service under
the appropriate provider group designation.
• medical/surgical
• pathology/laboratory
• chiropractic
• pharmacy
Each section includes a list of services normally performed by those providers with
corresponding billing codes. In order to determine payment, the insurer must first
determine the group to which that provider belongs and the billing code that
identifies the service(s) performed.
The fee schedule contains twelve columns of information for each billing code
including; providing a description of the service, indicators for payment
determination, values for payment calculation, and instructions for payment
adjustments. Each column has its own set of indicators, unique to that column.
The billing code describing a particular service, article, or supply is listed in column
1 of the fee schedule. If a service can be broken down into a technical and
professional component, the billing code may be listed three times. The first listing
will indicate the information for the complete service, used when both components
are performed by the same provider. The next two listings will provide information
relative to each component identified in column 2 by an indicator of 26 to indicate
only the professional component of the service and TC to indicate only the
technical component of the service. The same indicators listed in column 2 are
added as modifiers to the billing code by the provider to indicate which component
they performed.
Payment Determination
Once it is determined that the status of a billing code and the circumstances under
which the service was provided allows for payment of that service, the remaining
columns supply information on the maximum payment. If the status of a code
and/or conditions of delivery of a service indicate no payment is allowed, it is not
necessary to retrieve information from the remaining columns for that service, and
the rationale justifying denial of payment for the service is included in the
explanation of payment to the provider.
Columns 5 and 6 contain the office and facility RVUs, respectively. The setting in
which the service was performed determines which RVU is used in the formula to
calculate the maximum liability for a professional service. The office RVU includes
July 2007 Basic Adjusters’ Training Guide
3-26 MN Department of Labor and Industry
Medical Benefits
overhead costs and is used when the service was provided in a practitioner’s office.
If the professional service was provided in a facility, such as a hospital, ambulatory
surgery center, or nursing home, the facility RVU which has the overhead factored
out is used. In these cases, the facility will typically submit a bill for the facility fee
separate from the bill for professional service charges. The facility fee seeks
reimbursement for the overhead, staffing, services, and equipment related to the
procedure which were provided by the facility.
Charges for the following supplies provided during an evaluation and management
service may be billed separately and paid:
• some surgical trays (for procedures listed in Minnesota Rules Part 5221.4035,
Subp. 3I)
• orthotic devices
• prosthetic devices
Medical/Surgical Services
The majority of the tables in the fee schedule are located in Minnesota Rules Part
5221.4030 and consist of billing codes for medical/surgical services.
The fee schedule contains a long list of medical/surgical services which are
typically performed in an outpatient setting. No facility fee should be billed in
conjunction with the delivery of the listed services in most cases. However, in
cases of emergency or the medical condition of the employee necessitates
performance of the procedure in a non-office setting or after normal office hours,
payment of a facility fee is allowed.
• use of facilities
The following are not considered part of a facility fee and separate payment is
allowed for:
• physician service
• lab services and x-rays not directly related to the surgical procedure
• ambulance services
• anesthetist services
Services listed under this provider group may be divided into professional and
technical components for billing purposes, if separate providers performed each
component. Although the billing codes are not subdivided to indicate
reimbursement for the individual components, separate payment can be made to
each provider. The professional component represents the care involved to
examine the patient, perform and supervise the procedure, and consult with other
practitioners. A modifier 26 is added to the billing code for the professional service
and the maximum fee is calculated using 75 percent of the total RVU listed in the
schedule. The technical component represents all other costs associated with the
service, such as cost of equipment, salaries of technicians, and supplies. A TC
modifier is added to the billing code, and the maximum fee is calculated using 25
percent of the total RVU listed.
If the pathology or laboratory service was rendered while the employee was an
inpatient at a hospital, the maximum fee paid to the health care provider rendering
the service would be the calculated value of the professional component only.
Payment for the technical component included in the hospital’s charges would be
according to the payment rates for inpatient services of large and small hospitals.
Services under this provider group are divided into three categories:
• supervised modalities
• therapeutic procedures
Chiropractic Services
(Minnesota Rules Part 5221.4060)
Services listed for the chiropractic provider group include the same three categories
of services as were identified in the physical medicine section. Application of
payment adjustments for modalities is also identical to the physical medicine
section, however, additional instructions are included to reduce payment for
extraspinal manipulation (98943) by 50 percent if any of the spinal chiropractic
manipulative treatment codes (98940-98942) are billed on the same day, and to
allow no payment for manual therapy treatment (97140) when it is reported with any
chiropractic or osteopathic manipulation codes for the same body regions on the
same day. It is important to note that although many of the services listed are the
same as the physical medicine services, the RVUs used to calculate the maximum
fees are different.
Additional services are listed in the chiropractic section that are not included in the
physical medicine and rehabilitation provider group, including chiropractic
manipulation, x-rays and evaluation and management (E/M) services. Because the
chiropractic manipulation services involve an assessment component, billing and
payment for E/M services separate from the manipulative therapy services provided
on the same day is only allowed if the patient’s condition requires a significant,
separately identifiable E/M service.
• a new injury
A separate E/M service may be appropriate under any of the following conditions:
• in preparation for a requested report other than the report of work ability
Pharmacy Services
(Minnesota Rules Part 5221.4070)
Application
• community/retail pharmacy
Generic Substitution
Pharmacy providers must comply with the mandatory generic substitution and
exceptions requirements of Minnesota Statutes §151.21.
Submission of Charges
For drugs dispensed from a community/retail pharmacy, the procedure code is the
applicable code in the National Drug Code (NDC) Directory. Procedure codes are
not required for over-the-counter drugs.
Maximum Payment
The maximum payment for drugs dispensed for outpatient use is lower when the
pharmacy or practitioner has electronically requested and received authorization to
dispense the drug or fails to do so after being properly notified by the payer.
Payment for an over-the-counter drug is the amount derived using the applicable
calculation below, or the actual retail price, whichever is lower.
In order for this provision to apply, either of these two circumstances must be met:
AND
The workers’ compensation payer electronically, and in real time, authorizes
payment for the drug (in accordance with HIPAA standards). Once the payer
has authorized the drug to be dispensed, they can not later deny payment.
• The WC payer has notified the pharmacy prior to dispensing that it had
accepted liability for the employee’s claim.
AND
The workers’ compensation payer pays for the drug within 30 days after the
pharmacy or practitioner submits its charges.
Maximum payment in either of the above circumstances is the lower of (on the date
the drug was dispensed):
• the average wholesale price (AWP) minus 12 percent plus a $3.65 dispensing
fee;
If the pharmacy or practitioner does not have the capability to submit its charges
electronically or the requirements above are not satisfied, a different formula is
used to calculate the maximum fee. Maximum payment is the sum of the average
wholesale price (AWP) of the medication on the date it was dispensed and a
dispensing fee of $5.14 per medication, or the usual and customary charge,
whichever is lower.
For all the following examples, assume primary liability has been accepted and all
treatments rendered are reasonable and necessary.
2. The bill for Warren Weber’s claim is for emergency room treatment following a
forearm laceration.
a) Is the hospital required to send a copy of the medical records with this bill?
3. The bill for Ralph Malph’s claim is for treatment following a hand injury.
b) What would you do if the medical record was not included with the bill?
c) How long does the provider have to supply the medical record if it was not
included with the bill?
d) What is the maximum amount the provider can be reimbursed for copying
and sending the medical record if it is two pages?
CARRIER
STAPLE
IN THIS
AREA
Happy Campers
a. OTHER INSURED’S POLICY OR GROUP NUMBER a. EMPLOYMENT? (CURRENT OR PREVIOUS) a. INSURED’S DATE OF BIRTH SEX
MM DD YY
✘ YES NO M F
b. OTHER INSURED’S DATE OF BIRTH SEX b. AUTO ACCIDENT? PLACE (State) b. EMPLOYER’S NAME OR SCHOOL NAME
MM DD YY
M F YES NO Happy Campers
c. EMPLOYER’S NAME OR SCHOOL NAME c. OTHER ACCIDENT? c. INSURANCE PLAN NAME OR PROGRAM NAME
YES NO Mutual Insurance
d. INSURANCE PLAN NAME OR PROGRAM NAME 10d. RESERVED FOR LOCAL USE d. IS THERE ANOTHER HEALTH BENEFIT PLAN?
YES NO $0.00
21. DIAGNOSIS OR NATURE OF ILLNESS OR INJURY. (RELATE ITEMS 1,2,3 OR 4 TO ITEM 24E BY LINE) 22. MEDICAID RESUBMISSION
CODE ORIGINAL REF. NO.
839.0
1. 3.
23. PRIOR AUTHORIZATION NUMBER
2.
839.21 4.
24. A B C D E F G H I J K
1 11 24 06 11 24 06 11 98941 12 $45.00 1
2
11 24 06 11 24 06 11 97110 12 $42.00 1
11 24 06 11 24 06 11 97010 12 $21.00 1
3
4 11 24 06 11 24 06 11 97032 12 $31.00 1
11 24 06 11 24 06 11 97012 12 $38.00 1
5
$0.00
6
25. FEDERAL TAX I.D. NUMBER SSN EIN 26. PATIENT’S ACCOUNT NO. 27. ACCEPT ASSIGNMENT? 28. TOTAL CHARGE 29. AMOUNT PAID 30. BALANCE DUE
(For govt. claims, see back)
33333-00000 S5677790 ✘ YES NO $ 177.00 $ 0.00 $ 177.00
31. SIGNATURE OF PHYSICIAN OR SUPPLIER 32. NAME AND ADDRESS OF FACILITY WHERE SERVICES WERE 33. PHYSICIAN’S, SUPPLIER’S BILLING NAME, ADDRESS, ZIP CODE
INCLUDING DEGREES OR CREDENTIALS RENDERED (If other than home or office) & PHONE #
(I certify that the statements on the reverse Helen Helpful, DC
apply to this bill and are made a part thereof.)
666 Main St
Signature on file 11/27/06 Somewhere MN 55100
SIGNED DATE PIN# GRP#
(APPROVED BY AMA COUNCIL ON MEDICAL SERVICE 8/88) PLEASE PRINT OR TYPE FORM HCFA-1500 (12-90), FORM RRB-1500,
FORM OWCP-1500
ST11843 1PLY UB-92 APPROVED OMB NO. 0938-0279
2 3 PATIENT CONTROL NO. 4 TYPE
1
OF BILL
ABC4567 131
Best Hospital in MN
5 FED. TAX NO. 6 STATEMENT COVERS PERIOD 7 COV D. 8 N-C D. 9 C-I D. 10 L-R D. 11
FROM THROUGH
XX-009634 12/13/2006 12/13/2006 0 0
12 PATIENT NAME 13 PATIENT ADDRESS
Warren Weber 333 Main St Somewhere MN 55100
ADMISSION CONDITION CODES 31
14 BIRTHDATE 15 SEX 16 MS 17 DATE 18 HR 19 TYPE 20 SRC 21 D HR 22 STAT 23 MEDICAL RECORD NO. 24 25 26 27 28 29 30
04/10/1958 M S 12/13/2006 14 1 7 16 00054832
32 OCCURRENCE 33 OCCURRENCE 34 OCCURRENCE 35 OCCURRENCE 36 OCCURRENCE SPAN 37
CODE DATE CODE DATE CODE DATE CODE DATE CODE FROM THROUGH A A
a 04 12/13/2006 B B
b C C
38 39 VALUE CODES 40 VALUE CODES 41 VALUE CODES
Warren Weber CODE AMOUNT CODE AMOUNT CODE AMOUNT
○
○
333 Main St a a
○
○
Somewhere MN 55100 b b
○
○
c c
○
○
○
○
○
d d
○
○
42 REV. CD. 43 DESCRIPTION 44 HCPCS / RATES 45 SERV. DATE 46 SERV. UNITS 47 TOTAL CHARGES 48 NON-COVERED CHARGES 49
271 Nonsterile Supply A4570 12/13/2006 1 36.21
○
1 1
○
2 272 Sterile Supply A4550 12/13/2006 1 70.68 2
○
3 272 Sterile Supply A4322 12/13/2006 1 12.01 3
○
272
○
4 Sterile Supply A4649 12/13/2006 1 10.52 4
○
5 272 Sterile Supply A6405 12/13/2006 1 7.46 5
○
○
○
6 131 Profee/ERMD 12002 12/13/2006 1 222.64 6
○
7 981 Profee/ERMD 9928225 12/13/2006 1 90.53
○
7
○
8 450 Emergency Room 12002 12/13/2006 1 192.20 8
○
9 450 Emergency Room 9928225 12/13/2006 1 98.00
○
9
○
10 10
○
○
○
11 11
○
12 12
○
○
○
13 13
○
14 14
○
○
○
15 15
○
16 16
○
○
○
17 17
○
18 18
○
○
○
19 19
○
20 20
○
○
○
○
21 21
○
○
22 22
○
○
23 001 Total Charge 740.25
○
○
23
○
○
52 REL 53 ASG
50 PAYER 51 PROVIDER NO. INFO BEN 54 PRIOR P AYMENTS 55 EST. AMOUNT DUE 56
A Insurers R US ABC123
○
○
○
B
○
C
○
57
○
58 INSURED’S NAME 59 P. REL 60 CERT. - SSN - HIC. - ID NO. 61 GROUP NAME 62 INSURANCE GR OUP NO.
A Lego Construction Clm # 815034A DOI 11/30/2006 A
B B
C C
63 TREATMENT AUTHORIZATION CODES 64 ESC 65 EMPLOYER NAME 66 EMPLOYER LOCATION
Certifications relevant to the Bill and Information Shown on the Face 9.For CHAMPUS purposes:
Hereof: Signatures on the face hereof incorporate the following
This is to certify that:
certifications or verifications where pertinent to this Bill:
1. If third party benefits are indicated as being assigned or in participation (a) the information submitted as part of this claim is true, accurate and
status, on the face thereof, appropriate assignments by the insured/ complete, and, the services shown on this form were medically
beneficiary and signature of patient or parent or legal guardian indicated and necessary for the health of the patient;
covering authorization to release information are on file.
Determinations as to the release of medical and financial information (b) the patient has represented that by a reported residential address
should be guided by the particular terms of the release forms that outside a military treatment center catchment area he or she does not
were executed by the patient or the patient’s legal representative. live within a catchment area of a U.S. military or U.S. Public Health
The hospital agrees to save harmless, indemnify and defend any Service medical facility, or if the patient resides within a catchment
insurer who makes payment in reliance upon this certification, from area of such a facility, a copy of a Non-Availability Statement (DD
and against any claim to the insurance proceeds when in fact no Form 1251) is on file, or the physician has certified to a medical
valid assignment of benefits to the hospital was made. emergency in any assistance where a copy of a Non-Availability
Statement is not on file;
2. If patient occupied a private room or required private nursing for
medical necessity, any required certifications are on file. (c) the patient or the patient’s parent or guardian has responded directly
to the provider’s request to identify all health insurance coverages,
3. Physician’s certifications and re-certifications, if required by contract and that all such coverages are identified on the face the claim except
or Federal regulations, are on file. those that are exclusively supplemental payments to CHAMPUS-
determined benefits;
4. For Christian Science Sanitoriums, verifications and if necessary re-
verifications of the patient’s need for sanitorium services are on file. (d) the amount billed to CHAMPUS has been billed after all such coverages
have been billed and paid, excluding Medicaid, and the amount billed
5. Signature of patient or his/her representative on certifications, to CHAMPUS is that remaining claimed against CHAMPUS benefits;
authorization to release information, and payment request, as required
be Federal law and regulations (42 USC 1935f, 42 CFR 424.36, 10 (e) the beneficiary’s cost share has not been waived by consent or failure
USC 1071 thru 1086, 32 CFR 199) and, any other applicable contract to exercise generally accepted billing and collection efforts; and,
regulations, is on file.
(f) any hospital-based physician under contract, the cost of whose
6. This claim, to the best of my knowledge, is correct and complete and services are allocated in the charges included in this bill, is not an
is in conformance with the Civil Rights Act of 1964 as amended. employee or member of the Uniformed Services. For purposes of this
Records adequately disclosing services will be maintained and certification, an employee of the Uniformed Services is an employee,
necessary information will be furnished to such governmental appointed in civil service (refer to 5 USC 2105), including part-time or
agencies as required by applicable law. intermittent but excluding contract surgeons or other personnel
employed by the Uniformed Services through personal service
7. For Medicare purposes: contracts. Similarly, member of the Uniformed Services does not apply
to reserve members of the Uniformed Services not on active duty.
If the patient has indicated that other health insurance or a state
medical assistance agency will pay part of his/her medical expenses (g) based on the Consolidated Omnibus Budget Reconciliation Act of
and he/she wants information about his/her claim released to them 1986, all providers participating in Medicare must also participate in
upon their request, necessary authorization is on file. The patient’s CHAMPUS for inpatient hospital services provided pursuant to
signature on the provider’s request to bill Medicare authorizes any admissions to hospitals occurring on or after January 1, 1987.
holder of medical and non-medical information, including employment
status, and whether the person has employer group health insurance, (h) if CHAMPUS benefits are to be paid in a participating status, I agree
liability, no-fault, workers’ compensation, or other insurance which is to submit this claim to the appropriate CHAMPUS claims processor
responsible to pay for the services for which this Medicare claim is as a participating provider. I agree to accept the CHAMPUS-
made. determined reasonable charge as the total charge for the medical
services or supplies listed on the claim form. I will accept the
8. For Medicaid purposes: CHAMPUS-determined reasonable charge even if it is less than the
billed amount, and also agree to accept the amount paid by CHAMPUS,
This is to certify that the foregoing information is true, accurate, and combined with the cost-share amount and deductible amount, if any,
complete. paid by or on behalf of the patient as full payment for the listed medical
I understand that payment and satisfaction of this claim will be services or supplies. I will make no attempt to collect from the patient
from Federal and State funds, and that any false claims, statements, (or his or her parent or guardian) amounts over the CHAMPUS-
or documents, or concealment of a material fact, may be prosecuted determined reasonable charge. CHAMPUS will make any benefits
under applicable Federal or State Laws. payable directly to me, if I submit this claim as a participating provider.
CARRIER
STAPLE
IN THIS
AREA
Lego Construction
a. OTHER INSURED’S POLICY OR GROUP NUMBER a. EMPLOYMENT? (CURRENT OR PREVIOUS) a. INSURED’S DATE OF BIRTH SEX
MM DD YY
YES NO M F
b. OTHER INSURED’S DATE OF BIRTH SEX b. AUTO ACCIDENT? PLACE (State) b. EMPLOYER’S NAME OR SCHOOL NAME
MM DD YY
M F YES NO Lego Construction
c. EMPLOYER’S NAME OR SCHOOL NAME c. OTHER ACCIDENT? c. INSURANCE PLAN NAME OR PROGRAM NAME
YES NO Insurers R US
d. INSURANCE PLAN NAME OR PROGRAM NAME 10d. RESERVED FOR LOCAL USE d. IS THERE ANOTHER HEALTH BENEFIT PLAN?
YES NO $0.00
21. DIAGNOSIS OR NATURE OF ILLNESS OR INJURY. (RELATE ITEMS 1,2,3 OR 4 TO ITEM 24E BY LINE) 22. MEDICAID RESUBMISSION
CODE ORIGINAL REF. NO.
923.3
1. 3.
23. PRIOR AUTHORIZATION NUMBER
2. 4.
24. A B C D E F G H I J K
1 01 17 07 01 17 07 11 99213 25 1 $60.00 1
2
01 17 07 01 17 07 11 90471 1 $18.50 1
01 17 07 01 17 07 11 90718 1 $17.00 1
3
4
1
1
5
6
25. FEDERAL TAX I.D. NUMBER SSN EIN 26. PATIENT’S ACCOUNT NO. 27. ACCEPT ASSIGNMENT? 28. TOTAL CHARGE 29. AMOUNT PAID 30. BALANCE DUE
(For govt. claims, see back)
25-00000 111-222-333 YES NO $ 95.50 $ 0.00 $ 95.50
31. SIGNATURE OF PHYSICIAN OR SUPPLIER 32. NAME AND ADDRESS OF FACILITY WHERE SERVICES WERE 33. PHYSICIAN’S, SUPPLIER’S BILLING NAME, ADDRESS, ZIP CODE
INCLUDING DEGREES OR CREDENTIALS RENDERED (If other than home or office) & PHONE #
(I certify that the statements on the reverse Somewhere Family Practice
apply to this bill and are made a part thereof.)
Somewhere Family Practice 999 Main St
Signature on file 03/20/07 999 Main St Somewhere MN 55100
SIGNED DATE Somewhere MN 55100 PIN# GRP#
(APPROVED BY AMA COUNCIL ON MEDICAL SERVICE 8/88) PLEASE PRINT OR TYPE FORM HCFA-1500 (12-90), FORM RRB-1500,
FORM OWCP-1500