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Exempt permanent rules relating to workers' compensation; 2022 adjustment to relative value fee schedule conversion factors and amendments to rules implementing the workers' compensation relative value fee schedule tables in Minnesota Rules, Chapter 5221

Under Minnesota Statutes § 176.136, subdivision 1a, the workers' compensation medical fee schedule relative value units are required to be updated according to the Medicare relative value tables every three years, while the conversion factors are to be adjusted annually by no more than the change in the statewide average weekly wage. These exempt rules update the conversion factors, update the relative value units according to the 2022 Medicare relative value tables and amend the workers' compensation rules as necessary to implement the new relative value units.

Published notices and comment periods

A Notice of Incorporation by Reference of the July 2022 version of the relative value tables established by the Centers for Medicare and Medicaid Services was published on page 23 of the State Register on July 11, 2022.

Additional information about how to access the July 2022 version of the relative value tables established by the Centers for Medicare and Medicaid Services is available on the Work comp:  Medical fee schedules – RBRVS webpage.

Pursuant to the exempt rule process in Minnesota Statutes § 14.386 (b), no Request for Comment or Notice of Intent to Adopt Rules has been published. However, the rules will be submitted to the Office of Administrative Hearings (OAH) for review in mid-August.

Availability of rule draft(s) and Statement of Need and Reasonableness

View a copy of the draft rule amendments.

Pursuant to the exempt rule process in Minn. Stat. § 14.386 (b), no Statement of Need and Reasonableness was required.

Requests of hearing; date and place of hearing

Because these are exempt rules, a hearing was not held.

Timetable/status of the rule proceeding; agency determinations

The Department of Labor and Industry filed the rules for approval with the Office of Administrative Hearings, according to Minn. Stat. § 14,386, on Aug. 17, 2022. The administrative law judge approved the rules on Aug. 31, 2022.

Date the rule was filed with the Secretary of State and the effective date of the rule as adopted

The adopted rules were published in the State Register on Sept. 19, 2022. The rules are effective as of Oct. 1, 2022.

Contact person

Questions may be directed to:
Ethan Landy, Office of General Counsel
Phone:  651-284-5302
Fax:  651-284-5725