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Go back to Notices |
We are closed
Friday, December 24th in observance of Christmas
Day.
We are closed
Friday, December 31st in observance of New Years
Day. |
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Calendar Year 2022 Medical Fee Guide materials are
posted to our
Medical Fee Guide information page. |
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Effective
immediately - all employees, contractors, visitors, etc.
who enter any of our locations must wear masks and
maintain at least six (6) feet social distancing. |
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Regulation Spotlight –
IME’s
Periodically, the Commission will spotlight a
regulation or part of a regulation to showcase a change
or merely to remind the community of what a regulation
actually says (as opposed to what we think it says). As
always, the following is not legal advice.
Effective October 18, 2021, COMAR 14.09.03.08B(6)
was changed to remove an arbitrary cap on the
reimbursement of reasonable expenses and costs incurred
because of a missed medical examination. For many years,
the reimbursement was capped at $125. As part of its
obligation to review regulations every 8 years, the
Commission amended COMAR 14.09.03.08B(6) to permit
reimbursement of reasonable expenses and costs “actually
incurred” because of the missed examination. What did
not change is that reimbursement is available for IME’s
missed “without good cause” and that the amount
reimbursed must be “reasonable.”
The current version
of COMAR 14.09.03.08B now reads:
Medical Examination
Requested by a Party.
(1) A party may schedule a
medical examination of the claimant with a physician,
psychologist, or psychiatrist chosen by the party, by
providing to the claimant and claimant’s counsel
reasonable notice of the examination in writing.
(2)
The party scheduling a medical examination of the
claimant shall be responsible for all reasonable
expenses associated with the examination.
(3) The
parties shall, in good faith, attempt to resolve any
differences in scheduling and scope of examination.
(4) A claimant shall appear for a scheduled medical
examination.
(5) If a claimant fails to appear,
refuses to submit, or fails to cooperate with the
medical examination, the party requesting the
examination may file an Issues form for a hearing to
compel a medical examination and for reimbursement of
reasonable expenses and costs.
(6) If a claimant
fails to appear at, refuses to submit to, or fails to
cooperate with the medical examination, without good
cause, the Commission may order the claimant to attend a
medical examination and order reimbursement of
reasonable expenses and costs actually incurred because
of the missed examination.
Going back to 2014 at
least, subsection B(1) of the regulation has required
reasonable written notice of the IME to both the
claimant and claimant’s counsel by the party seeking to
schedule the IME. “Reasonable” in this context refers to
the timing and manner of the notice. In the event of
disputes arising out the scheduling of an IME,
subsection B(3) requires the parties, in good faith, to
attempt to resolve any differences in the scheduling and
scope of the examination. As always, cooperation and
communication among the parties is expected. |
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Pursuant to the requirements of the Open Meetings Act,
the Commission hereby gives notice that the
Commissioners will hold the Commission meeting scheduled
for December 9, 2021 in the 3rd floor meeting room at 10
E. Baltimore Street, Baltimore, MD 21202, starting at
9:30 am. If you would like to attend this meeting,
please send an email to
Openmeeting@wcc.state.md.us no later than 2:00 pm on
Wednesday, December 8, 2021, to allow time for the
Commission to plan for social distancing for attendees
of the meeting and to provide notice of your planned
attendance to the building security. |
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