ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
industrial commission; fee schedule; notice
Purpose
An emergency measure that requires the Industrial Commission of Arizona (ICA) to post proposed fee schedules for treatment under workers' compensation and hold at least one meeting before adopting a fee schedule.
Background
Statute requires an employer to secure workers' compensation to their employees by either: 1) insuring and keeping insured the payment of such compensation with an authorized insurance carrier; or 2) furnishing to the ICA satisfactory proof of financial ability to pay the compensation directly or through a workers' compensation pool approved by the ICA (A.R.S. 23-961).
The ICA must fix a schedule of fees to be charged by physicians, physical therapists or occupational therapists attending injured employees and for prescription medicines required to treat an injured employee. The schedule of fees may include other reimbursement guidelines for medications dispensed in settings that are not accessible to the general public. The ICA must annually review the schedule of fees.
If the ICA considers the adoption of fee schedule provisions that involve specific prices, values or reimbursements for prescription drugs, the ICA must base the adoption on studies or practices that are validated and accepted in the industry and that have been publicly available for at least 180 days before any hearing conducted by the ICA (A.R.S. 23-908).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the ICA, before taking action on the schedule of fees for physicians and prescription medicines, to:
a) prominently post on its publicly accessible website the proposed schedule of fees at least 30 days before conducting a public hearing on that proposed schedule of fees;
b) hold at least one meeting that all interested parties may jointly attend and interactively participate in after posting the proposed schedule of fees but before conducting the hearing on the proposed schedule of fees; and
c) at least seven business days in advance, prominently post on its publicly accessible website the final proposed schedule of fees to be acted on for adoption.
2. Exempts the ICA from the outlined posting and meeting requirements during a public health emergency.
3. Makes technical changes.
4. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
COM 2/15/22 DPA 10-0-0-0
3rd Read 2/23/22 59-0-1
Prepared by Senate Research
March 7, 2022
JT/sr