SECTION 810:15-15-3. Medical dispute resolution of fee disputes

(a)   Applicability. This Section applies to a request to the Commission for a medical fee dispute resolution (MFDR) pertaining to an injury sustained by an injured employee on and after February 1, 2014. Medical fee dispute resolution requests involving an injury occurring before February 1, 2014 shall be resolved in accordance with the statutes and rules applicable to the Oklahoma Workers' Compensation Court of Existing Claims.

(b)   Provider Request for MFDR. Requests by a health care provider for MFDR shall be filed and processed in the form and manner prescribed in this Section.

(1)   MFDR Form 19. A provider may initiate proceedings to address a medical fee dispute by filing a Commission prescribed MFDR Form 19 with the Commission. A copy of the form may be obtained from the Commission at its main offices, or from the Commission's website.

(2)   Request for hearing. A provider may request a hearing for determination of the issues raised on the MFDR Form 19 by filing a request for hearing before an administrative law judge of the Commission as provided in 810:10-5-16. The provider shall send a copy of the request for hearing, together with a copy of the MFDR Form 19 and the records and supporting documentation required in Paragraph (4) of this Subsection, to the insurance carrier. The insurance carrier shall file a response to the MFDR Form 19 as provided in Paragraph (5) of this Subsection.

(3)   Contents of MFDR Form 19. The health care provider's MFDR Form 19 shall include the following information, and such other information as may be required on the form, and shall be signed by the provider under penalty of perjury:

(A)   the name, address, and contact information of the provider;

(B)   the name of the injured employee;

(C)   the date of injury;

(D)   the date(s) of the service(s) in dispute;

(E)   the place of service;

(F)   the treatment or service code(s) in dispute;

(G)   the amount billed by the health care provider for the treatment(s) or service(s) in dispute;

(H)   the amount paid by the workers' compensation insurance carrier for the treatment(s) or service(s) in dispute;

(I)   the disputed amount for each treatment or service in dispute;

(J)   a statement of whether or not there is a final decision regarding compensability, extent of injury, liability and/or medical necessity for the health care related to the dispute; and

(K)   a position statement of the disputed issue(s) which includes:

(i)   the provider's reasoning for why the disputed fees should be paid,

(ii)   a discussion of how the AWCA, Commission rules, and/or the Oklahoma workers' compensation fee schedule impacts the disputed fee issues, including reference to the specific general instruction, ground rule or other provision of the Oklahoma workers' compensation fee schedule serving as the basis for the requested reimbursement, and

(iii)   a discussion of how the submitted documentation supports the provider's position for each disputed fee issue.

(4)   Supplemental records and documentation. The following records and documentation applicable to a provider's MFDR Form 19 shall be sent by the provider to the insurance carrier as provided in Paragraph (2) of this Subsection, but shall not be attached to the MFDR Form 19 when the form is filed with the Commission:

(A)   a paper copy of all medical bills related to the dispute, as originally submitted to the insurance carrier;

(B)   a paper copy of each explanation of benefits (EOB) related to the dispute as originally submitted to the health care provider;

(C)   a copy of all applicable medical records related to the dates of service in the dispute; and

(D)   any other documentation that the provider deems applicable to the medical fee dispute.

(5)   Respondent response.

(A)   The insurance carrier shall respond to the MFDR Form 19 by filing a Commission prescribed MFDR Form 10M within thirty (30) days of the file-stamped date of the CC-Form-9 Request for Hearing filed by the provider. The response shall provide any missing information not provided by the health care provider and known to the respondent. The MFDR Form 10M shall include the following information, and such other information as may be required on the form, and shall be signed by the respondent under penalty of perjury:

(i)   the name, address, and contact information of the respondent; and

(ii)   a position statement of the disputed issue(s) which includes:

(I)   the respondent's reasoning for why the disputed fees should not be paid,

(II)   a discussion of how the AWCA, Commission rules, and/or the Oklahoma workers' compensation fee schedule impacts the disputed fee issues, including reference to the specific general instruction, ground rule or other provision of the Oklahoma workers' compensation fee schedule serving as the basis for the respondent's position, and

(III)   a discussion of how the submitted documentation supports the respondent's position for each disputed fee issue.

(B)   The respondent shall send the MFDR Form 10M, together with the following records and documentation applicable to the respondent's MFDR Form 10M, to the provider. The records and documentation shall not be attached to the MFDR Form 10M when the form is filed with the Commission:

(i)   a paper copy of all initial and appeal EOBs related to the dispute, as originally submitted to the health care provider, related to the health care in dispute not submitted by the health care provider, or a statement certifying that the respondent did not receive the health care provider's disputed billing before the MFDR Form 19 dispute request;

(ii)   a paper copy of all medical bills related to the dispute, if different from that originally submitted to the insurance carrier for reimbursement; and

(iii)   a copy of any pertinent medical records or other documents relevant to the fee dispute not already provided by the health care provider.

(6)   Determination of allowable amounts.

(A)   Audits. Audits of medical bills to determine the amount allowable under the appropriate Oklahoma workers' compensation fee schedule may be offered by each party. Audits prepared by billing review services, medical bill audit services or in-house auditors may be submitted as evidence reflecting the methodology of the application of the fee schedule. The fee schedule sets maximum amounts allowable but does not prohibit a party from asserting a lesser amount should be paid.

(B)   Referral to the Health Services Division.

(i)   The Commission, at its discretion, may refer medical fee disputes which involve conflicting interpretations of the Oklahoma workers' compensation fee schedule and a reduction by the insurance carrier of the provider's bill for health care services determined to be medically necessary and appropriate for the injured employee's compensable injury, to the Commission's Health Services Division for a recommendation regarding the maximum reimbursement amount allowed under the fee schedule for the services rendered.

(ii)   Medical fee disputes involving the denial by an insurance carrier of a bill for services based on denial of compensability of the injured employee's injury or occupational disease, length of treatment, necessity of treatment, unauthorized physician or other ground, shall not be referred to the Division.

(7)   Hearing dockets. MFDR Form 19 hearings shall be scheduled initially on an administrative docket to determine the payment status of the disputed medical fee charges. If the charges are not paid before the administrative hearing or the parties are unable to resolve the dispute at the administrative hearing, the dispute shall be set on the assigned administrative law judge's hearing docket.

(8)   Appearances. Appearances at the administrative docket and before the administrative law judge or Commission are governed by 810:10-1-9.

(9)   Mediation. Nothing in this Subchapter is intended to preclude resolution of medical fee disputes by mediation or agreement of the parties, as appropriate.

[Source: Added at 31 Ok Reg 486, eff 2-4-14 (emergency); Added at 32 Ok Reg 1480, eff 8-27-15; Amended at 34 Ok Reg 2217, eff 9-11-17]