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Ex. WV-077 Order Primary source read

Emergency Order 20-EO-03

Workers' compensation: claim-handling time standards suspended; no termination of temporary total disability for missed examinations or treatment; insurers to review EO 7-20 telemedicine suspensions

Insurance Commissioner James A. Dodrill · West Virginia (Sector regulator)

The COVID Project

The record

Jurisdiction
West Virginia
Level
Sector regulator
Authority
Governor's Proclamation of Mar. 16, 2020; W. Va. Code 33-2-10a and 33-2-21(c)
Issued
2020-03-23 Mar. 23, 2020
Effective
2020-03-23
End
Time-standard suspension and TTD provision rescinded Oct. 15, 2020 (20-EO-09 paragraph 3); telehealth-review provision in force until Mar. 24, 2023 (23-EO-01) (read as 2020-10-15)
In force
Mar. 23, 2020 to Oct. 15, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersWorkplace rulesOther
Addressees
  • workers' compensation insurers and other regulated entities
Functions reached
  • IN workers' compensation claims
  • PR and OC (State recognition that providers 'closed offices, deferred or suspended all non-emergent procedures')
  • TM telehealth
Collection
West Virginia WV

Operative words

it is hereby ORDERED that normal time standards for claims handling applicable to workers' compensation insurers and other regulated entities as set forth in Title 85, Series 1, Section 10, of the West Virginia Code of State Rules are suspended... It is further ORDERED that workers' compensation insurers and other regulated entities shall not terminate or suspend a claimant's temporary total disability benefits for failure to undergo examinations or needed treatment pursuant to Title 85, Series 1, Section 14... during this insurance emergency. The Commissioner recognizes that many medical and healthcare providers have closed offices, deferred or suspended all non-emergent procedures or treatment during the State of Emergency, and that claimants may have difficulty in continuing ongoing care or treatment or obtaining an examination, or may be quarantined or staying in their homes in compliance with Executive Order 9-20... Finally, it is ORDERED that workers' compensation insurers and other regulated entities shall immediately review Executive Order 7-20 issued by the Governor on March 19, 2020, and further evaluate their telehealth or telemedicine programs...

Enforcement

Insurance Commissioner's regulatory authority

Notes

A State regulator's contemporaneous finding that health-care offices closed and non-emergent care was suspended under EO 9-20 and EO 16-20.

Retrieval note

Entered the 23rd day of March, 2020.