DWC Posts Amendments to Draft Home Health Care Fee Schedule Regulations

As Reported by the Department of Industrial Relations

State of California

DWC Posts Amendments to Draft Home Health Care Fee Schedule Regulations

The Division of Workers’ Compensation (DWC) today posted amended draft regulations regarding the implementation of a fee schedule for home health care services.  Members of the public are invited to present written comments regarding the proposed modifications to dwcrules@dir.ca.gov until 5 p.m. on Wednesday, June 8.

California Senate Bill 863 requires the Administrative Director to establish a fee schedule for home health care services, which range from skilled nursing and therapy services to unskilled personal care or domestic care (chore) services.

Following the Office of Administrative Law’s publication of DWC’s initial draft of these regulations, a public hearing was held November 30, 2015 for comment.

Upon review of the comments received, DWC has amended its regulations to provide better organization and clarity. In addition, DWC has adopted rates drawn from the federal Office of Workers’ Compensation Programs fee schedule for home health care services, which provides rates of provider compensation that are higher than in the previous draft.  California Senate Bill 542 grants DWC legislative authority to base the home health care services fee schedule on sources other than the federal Medicare and state In-home Supportive Services programs.

The proposed regulations set forth a payment methodology and fees for skilled care by licensed medical professionals and unskilled personal and chore services for injured workers in the home setting that will provide incentives for an adequate number of potential care providers to participate in home health care for injured workers while containing costs to the overall workers’ compensation system.

The updated notice and text of the regulations can be found on the proposed regulations page.