Chapter 110. Medical Fee Schedules Regulations
16VAC30-110-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Commission" means the Virginia Workers' Compensation Commission.
"Community" means one of the six medical communities as defined in § 65.2-605 A of the Code of Virginia.
"Ground rules"
1. For medical services rendered during the period from January 1, 2018, through December 31, 2019, means the 2018 Medical Fee Schedule Ground Rules adopted by the commission on June 13, 2017, and revised on July 18, 2019, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/documents/2018-mfs-ground-rules.
2. For medical services rendered during the period from January 1, 2020, through December 31, 2021, means the 2020 Medical Fee Schedule Ground Rules adopted by the commission on July 18, 2019, and revised on October 17, 2019, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/documents/2020-medical-fee-schedules-ground-rules.
3. For medical services rendered during the period from January 1, 2022, through December 31, 2023, means the 2022 Medical Fee Schedule Ground Rules adopted by the commission on June 29, 2021, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/documents/2022-medical-fee-schedules-ground-rules.
4. For medical services rendered during the period from January 1, 2024, through December 31, 2025, means the 2024 Medical Fee Schedule Ground Rules adopted by the commission on August 17, 2023, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/medical-fee-services/2024-medical-fee-schedules-ground-rules.
"Medical services" means any medical, surgical or hospital service required to be provided to an injured person pursuant to Title 65.2 of the Code of Virginia, exclusive of a medical service provided in the treatment of a traumatic injury or serious burn as those terms are defined in § 65.2-605 A of the Code of Virginia.
"Virginia fee schedules"
1. For medical services rendered during the period from January 1, 2018, through December 31, 2019, means the 2018 Medical Fee Schedules adopted by the commission on June 13, 2017, and revised on November 14, 2017, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/content/2018-medical-fee-schedule.
2. For medical services rendered during the period from January 1, 2020, through December 31, 2021, means the 2020 Medical Fee Schedules adopted by the commission on July 18, 2019, and revised on October 17, 2019, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/content/2020-virginia-medical-fee-schedules.
3. For medical services rendered during the period from January 1, 2022, through December 31, 2023, means the 2022 Medical Fee Schedules adopted by the commission on June 29, 2021, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/content/2022-virginia-medical-fee-schedules.
4. For medical services rendered during the period from January 1, 2024, through December 31, 2025, means the 2024 Medical Fee Schedules adopted by the commission on August 17, 2023, incorporated by reference in this chapter and available on the commission's website at https://www.workcomp.virginia.gov/medical-fee-services/2024-medical-fee-schedules.
Statutory Authority
§ 65.2-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 34, Issue 9, eff. January 24, 2018; amended, Virginia Register Volume 36, Issue 7, eff. December 25, 2019; Volume 38, Issue 2, eff. October 15, 2021; Volume 40, Issue 6, eff. December 6, 2023.
16VAC30-110-20. Applicability of fee schedules and ground rules; determination of communities.
A. The Virginia fee schedules and ground rules shall apply to all medical services rendered on or after January 1, 2018, regardless of the date of injury.
B. The applicable community for providers of medical services rendered in the Commonwealth shall be determined by the zip code of the location where the services were rendered. The applicable community for providers of medical services rendered outside of the Commonwealth shall be determined by the zip code of the principal place of business of the employer if located in the Commonwealth or, if no such location exists, then the zip code of the location where the commission hearing regarding a dispute concerning the services would be conducted.
Statutory Authority
§ 65.2-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 34, Issue 9, eff. January 24, 2018; amended, Virginia Register Volume 40, Issue 6, eff. December 6, 2023.
16VAC30-110-30. Disputes.
A. Administrative review process. Any dispute concerning the application of the Virginia fee schedules and ground rules to a particular medical service shall be submitted to the commission for an administrative review and determination according to such procedures as the commission may adopt from time to time.
B. Judicial review. If a request for hearing is made to the commission within 30 days after issuance of an administrative decision pursuant to subsection A of this section, the dispute shall be referred to the appropriate hearing docket and adjudicated in the same manner as change-in-condition claims, with the same rights of review and appeal as set forth in §§ 65.2-705 and 65.2-706 of the Code of Virginia and subject to the applicable Rules of the Commission.
C. Finality. An administrative decision of the commission issued pursuant to subsection A of this section shall be final and binding 30 days after its issuance unless a request for hearing is made pursuant to subsection B of this section.
Statutory Authority
§ 65.2-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 34, Issue 9, eff. January 24, 2018.
16VAC30-110-40. Periodic review of fee schedules.
The commission shall review the Virginia fee schedules and ground rules biannually and shall make necessary adjustments as directed by § 65.2-605 D of the Code of Virginia.
Statutory Authority
§ 65.2-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 34, Issue 9, eff. January 24, 2018.
Documents Incorporated by Reference (16VAC30-110)
2018 Virginia Workers' Compensation Medical Fee Schedules, adopted June 13, 2017, revised November 14, 2017, Virginia Workers' Compensation Commission, https://www.workcomp.virginia.gov/content/2018-medical-fee-schedule
2020 Virginia Workers' Compensation Medical Fee Schedules adopted July 18, 2019, and revised October 17, 2019, Virginia Workers' Compensation Commission, https://www.workcomp.virginia.gov/content/2020-virginia-medical-fee-schedules
2022 Medical Fee Schedules adopted June 29, 2021, Virginia Workers' Compensation Commission, https://www.workcomp.virginia.gov/content/2022-virginia-medical-fee-schedules
2024 Medical Fee Schedules adopted August 17, 2023, Virginia Workers' Compensation Commission, https://www.workcomp.virginia.gov/medical-fee-services/2024-medical-fee-schedules