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Listings below are for informational purposes only. Official posts of proposed regulatory changes are available from the Maryland Register; the most recent eight (8) issues are available. Current versions of WCC regulations may be obtained from the official source: Maryland Division of State Documents, COMAR Online. All links below will open a new browser/tab when they direct you to a new web site.
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In accordance with the Regulatory Review and
Evaluation Act (§§10-130 through 10-139 of the
State Government Article), the Workers’
Compensation Commission (the “Commission”) is
currently reviewing and evaluating the following
chapters:
14.09.07 Uninsured
Employer’s Fund Claims
14.09.08
Open Meetings |
A notice of
Opportunity for Public Comment
was published in the
April 5, 2013 issue of the Maryland Register.
The purpose of the review and evaluation is to
determine whether existing regulations continue
to accomplish the purposes for which they were
adopted, clarify ambiguous or unclear language,
and repeal any obsolete or duplicative
provisions. Pursuant to its work plan, the
Commission will evaluate the need to retain,
amend, or repeal the regulations based on
whether the regulations are:
·
still necessary to the public interest;
·
drafted in a clear and understandable manner;
·
still supported by statutory authority and
judicial opinions and consistent with federal
regulations and other state regulations;
·
still effective in accomplishing the intended
purpose of the regulations;
·
obsolete, duplicative, or otherwise appropriate
for amendment or repeal.
OPPORTUNITY
FOR PUBLIC COMMENT - The Commission would like
to provide interested parties with an
opportunity to participate in the review and
evaluation process by submitting comments on the
regulations. The comments may address any
concerns about the regulations. If the comments
include suggested changes to the regulations,
please be as specific as possible and provide
language for the suggested changes. Comments
must be received by: June 3, 2013.
Comments should be directed to Amy S.
Lackington, Regulations Coordinator, 10 E.
Baltimore Street, Baltimore, MD 21202, or by
e-mail to
alackington@wcc.state.md.us
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INDEPENDENT
AGENCIES
SUBTITLE 09
WORKERS’ COMPENSATION
COMMISSION
NOTICE OF PUBLIC MEETING TO TAKE
COMMENTS ON DRAFT REORGANIZATION OF PROPOSED
REGULATIONS
In accordance with
the Regulatory Review and Evaluation Act
(§§10-130 through 10-139 of the State Government
Article), the Workers’ Compensation Commission
(the “Commission”) has reviewed and evaluated
the following chapters:
14.09.01
Procedural Regulations
14.09.04 Guide for
Evaluation of Permanent Impairment
14.09.06
Local Office Requirements for Insurers
14.09.07 Uninsured Employer’s Fund Claims
14.09.08 Open Meetings
The purpose of
this review and evaluation was to determine
whether the existing regulations continue to
accomplish the purposes for which they were
adopted, clarify ambiguous or unclear language,
and repeal any obsolete or duplicative
provisions. As part of the review, the
Commission determined that the current
regulations were not thematically or
chronologically organized, and that many
provisions were inconsistent with current
practice/statute or otherwise obsolete.
Accordingly, the Commission proposes that the
regulations be restructured and reorganized in
accordance with the flow of a workers’
compensation claim, and by subject matter,
followed by other administrative and regulatory
provisions (e.g., self-insurance, open meetings,
etc.) The reorganization should make it easier
to find the applicable regulation and should
further clarify when and how the regulation
applies. Where procedures were unclear or
unstated, additional regulations have been
added.
During the evaluation process,
the Commission received few comments from the
community on the existing regulations. For this
reason, the Commission proposes to invite the
community to offer comments on the proposed
draft reorganization prior to the formal
promulgation, comment and regulation adoption
process. The draft reorganization of proposed
regulations will be available on the Commission
website sometime after the Commission's June 27,
2013 meeting. For informational purposes only,
the draft reorganization of proposed regulations
contains references to the existing regulations
from which the proposed text has been
transferred or derived.
OPPORTUNITY FOR
PUBLIC COMMENT
The Commission would like
to provide interested parties with an
opportunity to comment on the draft
reorganization of proposed regulations through
(1) the submission of written comments and (2)
at an open meeting to be held on July 11, 2013
at 9:00 a.m. at 10 E. Baltimore Street, 4th
floor.
In order to allow the Commission
sufficient time for its other business, the
total time allotted to public comment will
generally be limited and individuals seeking to
speak to the Commission should be prepared to
limit their comments to three (3) minutes each.
Persons desiring to speak to the Commission must
call (410-864-5302) or email Amy Lackington (alackington@wcc.state.md)
no earlier than one (1) week prior to the
meeting to register to speak. Registration will
be accepted on a first-come, first-served basis.
In order to make the limited time available most
effective, speakers are urged to provide
multiple written copies of their comments or
other material amplifying their views.
Additionally, written comments will be accepted
by email sent to Amy Lackington (alackington@wcc.state.md.us)
through July 11, 2013. |
Incorporation for Reference locations COMAR Online Maryland Register Online |
| SUBJECT OF REGULATIONS | LINK |
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14.09.01 Procedural Regulations
.07 Average Weekly Wage
Status: Final
Effective Date:
October 15, 2012 |
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On September
13, 2012, the
Workers’
Compensation
Commission
adopted
amendments to
Regulation .07
under COMAR
14.09.01
Procedural
Regulations to
establish a
clear procedure
and time line
for determining
the average
weekly wage.
This action,
which was
proposed for
adoption in
39:15 Md. R.
1007—1008 (July
27, 2012), has
been adopted as
proposed.
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14.09.01 Procedural Regulations
.24 Attorney’s Fee and Medical Evaluation Fee
- Application or Petition for Approval
Status: Final
Effective Date:
August 20, 2012 |
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On July 19, 2012, the
Workers’ Compensation Commission
adopted amendments to Regulation
.24 under COMAR 14.09.01
Procedural. This action, which
was proposed for adoption in
39:10 Md. R. 669—670 (May 18,
2012), has been adopted as
proposed.
| 14.09.01 Procedural Regulations
.20 Independent Medical Examinations
Status: Withdrawn |
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The Workers’ Compensation Commission withdraws the proposal to amend Regulation .20 under COMAR 14.09.01 Procedural Regulations as published in 39:9 Md. R. 621—622 (May 4, 2012).
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14.09.06 Local Office Requirements for Insurers
.05 Appeal
Status: Final
Effective Date: July 23, 2012 |
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On June 28, 2012, the Workers'
Compensation Commission adopted amendments to
Regulation .05 under COMAR 14.09.06 Local Office
Requirements for Insurers to remove COMAR
14.09.06.05B, which requires an appellant's
attorney to send a copy of a petition for
judicial review to the Attorney General
representing the Commission if the issue being
appealed is the award of attorney's fees. This
provision is being removed from this chapter so
that it may be transferred and recodified into a
more thematically appropriate chapter. This
action, which was proposed for adoption in 39:9
Md. R. 622 (May 4, 2012), has been adopted as
proposed.
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14.09.01 Procedural Regulations
.19 Agreements for Final Compromise and Settlement
Status: Final
Effective Date April 16, 2012 |
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On March 22, 2012, the Maryland
Workers' Compensation Commission took final
action and adopted an amendment to Regulation
.19 under COMAR 14.09.01 Procedural
Regulations. This amendment requires that
certain additional information (date of
disablement) be included in a settlement
agreement so that the Commission may properly
evaluate the proposed settlement. This action,
which was proposed for adoption in 39:2 Md. R.
212-213 (January 27, 2012) has been adopted as
proposed.
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14.09.01 Procedural Regulations
.06 Requirements for Filing and Amending Claims and .06-1 Death and Funeral Benefits.
Status: Final
Effective Date: March 19, 2012 |
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On February 23, 2012, the
Maryland Workers’ Compensation Commission took
final action and adopted amendments to
Regulation .06 and new Regulation .06-1 under
COMAR 14.09.01 Procedural Regulations to
implement the statutory changes made by the
General Assembly in Ch. 436, Acts of 2011. These
statutory changes, effective October 1, 2011,
concern the death benefits paid to surviving
dependents. The law also enables counties and
municipal governments to opt into the new death
benefits scheme. This action, which was proposed
for adoption in 38:27 Md. R. 1781—1782 (December
30, 2011), has been adopted as proposed.
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14.09.03 Guide of Medical and
Surgical Fees
.03 Calculation of Maximum
Reimbursement Allowable.
Status: Final
Effective Date: March 5,
2012 |
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On February 9, 2012, the
Maryland Workers’ Compensation
Commission took final action to
adopt amendments to Regulation
.03 under COMAR 14.09.03 Guide
of Medical and Surgical Fees to
modify the medical fee schedule
to reflect the current practice
of calculating and publishing
the yearly Maryland specific
conversion factors by December 1
of each year so that insurers
may implement the new
reimbursement rates by January
1. This action, which was
proposed for adoption in 38:26
Md. R. 1735 (December 16, 2011),
has been adopted as proposed.
| 14.09.03 Guide of Medical and Surgical Fees
.01 and .04, and
Regulation .09 |
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Status: Withdrawn
The Maryland Workers’
Compensation Commission has
withdrawn its proposal to amend
Regulations .01 and .04 and
adopt new Regulation .09 under
COMAR 14.09.03 Guide of Medical
and Surgical Fees to establish a
uniform fee or pricing schedule
for reimbursing prescription
drugs required to treat an
injured covered employee
irrespective of the identity of
the person or entity that
dispenses the prescription drug,
as published in 38:24 Md. R.
1541 (November 18, 2011).
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14.09.01 Procedural Regulations
.01 and .19 under COMAR 14.09.01 Procedural Regulations
Status: Final
Effective November 28, 2011 |
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On October 27, 2011, the Maryland
Workers’ Compensation Commission took final
action and adopted amendments to Regulation .01
and Regulation .19 under COMAR 14.09.01
Procedural Regulations to clarify the procedures
for reviewing settlements to ensure compliance
with the Medicare Secondary Payer Act when
settling claims involving future medical
benefits. This action, which was proposed
for adoption in 38:19 Md. R. 1167-1168
(September 9, 2011), has been adopted as
proposed.
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14.09.01 Procedural Regulations
.05 Notices of Insurance, Cancellation, Reinstatement, and Election of Coverage
Status: Final
Effective: May 16, 2011 |
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On April 14, 2011, the Maryland
Workers’ Compensation Commission took final
action and adopted amendments to Regulation .05
under COMAR 14.09.01 Procedural Regulations to
comply with the statutorily mandated notice
requirement set forth in Insurance Article,
§19-406, Annotated Code of Maryland. This
action, which was proposed for adoption in 38:3
Md. R. 207 (January 28, 2011), has been adopted
as proposed.
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14.09.01 Procedural Regulations
.06 Requirements for Filing and Amending Claims
Status: Final
Effective: March 21, 2011 |
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On February 24, 2011, the Maryland
Workers’ Compensation Commission took final
action and adopted amendments to Regulation .06
under COMAR 14.09.01 Procedural Regulations to
remove the employee’s average weekly wage as a
mandatory element required to process a claim
for workers’ compensation benefits. This
action, which was proposed for adoption in 38:1
Md. R. 58-59 (January 3, 2011), has been adopted
as proposed. |
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14.09.02 Governmental Group Self-Insurance
.01 Definitions
Status: Final
Effective: March 7, 2011 |
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On February 10, 2011, the Maryland
Workers’ Compensation Commission took final
action and adopted the recodification of
existing Regulation .01 to be new .01-1, new
Regulations .01, .05, and .08-.11, and the
repeal of existing Regulations .05 and .08 under
COMAR 14.09.02 Government Group Self-Insurance.
This action, which was proposed for adoption in
37:25 Md. R. 1749-1752 (December 3, 2010), has
been adopted as proposed |
| 14.09.01 Procedural Regulations
.25 Attorney's Fees | | Status: Final
Effective Date: July 26, 2010 | The purpose of this action is to clarify the amounts included when calculating attorney's fees and to specify the calculation of attorney's fees in claims where there is an increase in compensation resulting from an increase in permanent partial disability or settlement. |
| 14.09.05 Vocational Rehabilitation Practitioners
Amended Regulations: .01 and .04 — .07
New Regulations: .08 — .12 |  | Status: Final
Effective Date: April 20, 2010 | The purpose of this action is to define certain terms and to clarify the procedures for obtaining vocational rehabilitation services and the standards of practice for vocational rehabilitation practitioners. Click here to Instructions. |
| COMAR 14.09.01 - Procedural Regulations
.25 Schedule of Attorneys' Fees | 
| Status: Final
Effective Date: January 14, 2010. | | The purpose of this action is to codify the calculations utilized by the Commission in determining allowable attorney's fees in workers' compensation claims that are resolved by a settlement agreement. |
| COMAR 14.09.05 - Vocational Rehabilitation Practitioners
.06 Complaints Against Providers of Voc Rehab Services. |
| Status: Final
Effective Date: November 17, 2008
| | This action updates the address of the Commission for complaints against providers of voc rehab services. |
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INCORPORATION FOR REFERENCE LOCATIONS Back to top |
- Law Library, University of Baltimore (Baltimore) 410-837-4559
- State Library Resource Center (Annapolis) 410-260-1430
- MD Department of Legislative Reference Library (Annapolis) 410-946-5400
- Enoch Pratt Free Library (Baltimore) 410-396-1789
- MD State Archives (Annapolis) 410-260-6400
- Marshall Law Library, University of Maryland School of Law (Baltimore) 410-706-0783
- Albin O. Kuhn Library, University of Maryland Baltimore County (Catonsville) 410-455-2358
- Towson University Albert S. Cook Library (Towson) 410-830-2462
- Southern MD Regional Library (Charlotte Hall) 301-934-9442
- McKeldin Library, University of Maryland (College Park) 301-405-9210
- Frostburg State University, Lewis J. Ort Library (Frostburg) 301-687-4426
- Government Reference Service of Washington County Free Library (Hagerstown) 301-739-3250
- Montgomery County Public Library (Rockville) 301-217-3885
- Prince George’s Community College Library (Largo) 301-322-0468
- Frederick Douglass Library, University of MD., Eastern Shore (Princess Anne) 410-651-7540
- Salisbury State University Blackwell Library (Salisbury) 410-543-6234
- Library of Congress, Exchange & Gift Division (Washington, DC) 202-707-9470
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| Version February 2010 |
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