Virginia Commission Services for Medical Providers
Rights and Remedies for Medical Providers
Health care providers play a vital role in the claim process. Accordingly, they have certain rights and remedies available to them under the Virginia Workers' Compensation Act.
Generally, providers become involved in a claim shortly after a work-related accident. Section 65.2-603 of the Code of Virginia requires that the employer provide the claimant with a panel of physicians from which to choose. The physician chosen by the claimant becomes the authorized treating physician. Generally, the following charges may be covered where treatment is related to the compensable injury:
- Charges billed by the authorized treating physician
- Charges billed by a physician to whom the claimant is referred by the authorized treating physician
- Charges for medically necessary treatment and diagnostic measures
Section 65.2-603 provides a more complete list of benefits.
The Act also provides the standard that is to be used in calculating reimbursement. Section 65.2-605 states that the employer's liability for medical charges is limited to “such charges as prevail in the same community for similar treatment[.]” The term "community" is defined by reference to Commission Rule 14. There is no fee schedule in Virginia. Charge schedules agreed to by the carrier and provider will be enforced.
If a dispute arises as to reimbursement for a medical charge, the health care provider may invoke one or more of the following remedies:
- Appropriate where there has been no payment or where provider is dissatisfied with level of reimbursement
- Initial decision issued by a deputy commissioner after reviewing evidence
- Right of review by the Commission
- Appeals to Virginia Court of Appeals and Supreme Court of Virginia
- Initiated by filing a request along with supporting evidence to the Commission
When filling a request with the Commission to resolve a dispute over payment for medical services rendered to an injured worker you must:
- Send a copy of your submission to the Commission and all interested parties. These parties may include the insurance carrier or self-insured; the third party administrator if one has been assigned by the carrier or self-insured; the attorney for the latter parties; and the injured worker and his/her attorney.
- Your submission must include: the medical bills and treatment reports which are in dispute; the actual balance you are seeking; and the dates of services.
- Failure to provide copies of your submission to all interested parties and/or supporting information regarding your claim may result in rejection.
- For further information on these and other requirements, please call: (804)367-8389 or toll free (877) 664-2566.
Mediation may be requested in addition to Adjudication.
- Informal, cost-effective means of alternative dispute resolution
- Parties design their own solutions with the help of a Commission mediator
- Parties agree to mutually satisfactory solution
- Appropriate for any medical charge issue
- Initiated by written request filed with Commission Ombudsman in letter format or using our mediation request form
Once the claimant has filed a claim which covers a specific charge, or once the Commission enters an award of compensation applicable to a charge, the health care provider may not attempt to bill the claimant for any part of the charge. However, if the Commission rules that the charge is not compensable under the Act, the provider may bill the claimant.
Health care providers may check the claims status for their patients by calling the Commission at (804) 367-8389 or toll-free 1-877-664-2566. Multiple inquiries may be sent by facsimile to (804) 367-0142 or by mail the Commission's Medical Care Provider Inquiry typeable form or on similar format.
The Medical Care Provider Specialist provides wrokers' compensation claims information to medical care providers. The Medical care Provider Specialist also assist providers with disputes over non prayment and underpayment of treatment by contacting appropriate parties and facilitating resolution.
HIPAA privacy regulations do not apply to workers' compensation. To learn more, please click on HIPAA.
The Commission has several articles that further discuss some important issues.
For more information, contact our Medical Provider Specialist at 1-877-664-2566.
Medical ProvidersUseful Links
Medical ProvidersDocuments & Forms
- Employer Workplace Poster
- Employer Workplace Notice - Risk to Coal Miners
- Employer Workplace Notice - Spanish
- Injured Worker's Guide
- Injured Worker's Guide - Spanish
- Marketing Guidelines - Proving a Job Search
- Across State Lines Insurance Coverage
- Report An Employer Suspected of Operation without Worker's Compensation
- WebFile Guide for Claimants
- WebFile Guide for Claim Administrators
- WebFile Guide for PEO
- WebFile Guide for GSIA's
- Workers' Compensation Information Sheet for Employers
- VWC Glossary of Terms