NEW JERSEY: MORRIS COUNTY BARS AND RESTURANTS BRACE FOR SMOKING BAN. "Bars and restaurants are public accommodations and shouldn't be allowed to have carcinogens in the air," said Regina Carlson, executive director of the New Jersey Group Against Smoking Pollution, known as NJGASP. 

 MEDICAL GUIDELINES IN WC CASES APPROVED BY TEXAS SP CT. "In this opinion, we conclude that the Legislature authorized TWCC to set upper limits on reimbursement amounts and establish a reasonable time limitation on requests for medical dispute resolution. TWCC acted consistently with the Legislature’s mandates - (1) the establishment of fair and reasonable guidelines designed to ensure quality medical care for injured workers, TEX. LAB. CODE § 413.011(b), (2) the achievement of effective medical cost control in the workers’ compensation system, id., and (3) the establishment of a program for resolution of disputes regarding health care treatments and services, id. § 413.013(1). "

CMS: NJ ADOPTS A SIGN OF THE TIMES. The NJ Division of Workers' Compensation has created a new hearing list designation..."Pending Medicare Approval.” It can be assumed that these cases are matters that the parties have voluntarily noticed the Court of the existence of potential Medicare interests. Rumor has it that between 25,000 and 40,000 cases on the NJ docket alone are subject to CMS (Centers for Medicare and Medicaid Service) review. The number of cases being given that designation will obviously grow epidemically in the near future to include ALL cases involving: beneficiaries presently on SSA disability OR potential beneficiaries, ie. 62.5 yrs and those who may seek benefits in the near future. Probably all SIF (Second Injury Fund) matters will be subject that designation universally. The number of cases may far exceed those where the State is already data-matching: ie. TDB liens, matrimonial liens and child support liens. 

 At a recent meeting in Atlanta GA, CMS (Centers for Medicare and Medicaid Service) announced State Workers’ Compensation Data Exchanges. 

Approximately six months after the enactment of very controversial legislation purportedly to aid victims of asbestos related disease, the NJ Department of Labor promulgated proposed rules that require the production of extensive amounts of information in order to obtain benefits from the Uninsured Employers Fund. Asbestos related disease is a latent condition that takes decades to manifest in such illnesses such as: asbestosis, lung cancer and mesothelioma. Unfortunately the disease, ie. mesothelioma, is irreversible, extremely debilitating and sometimes fatal in 6 to 9 months after diagnosis and the victim is left to endure the struggle for life without medical benefits and temporary disability benefits. While the legislature’s intentions were good in concept a serious questions remains as to whether the legislation and the proposed Rules meet the remedial and expeditious philosophy of the Workers’ Compensation Act.

Approximately six months after the enactment of very controversial legislation purportedly to aid victims of asbestos related disease, the NJ Department of Labor promulgated proposed rules that require the production of extensive amounts of information in order to obtain benefits from the Uninsured Employers Fund. Asbestos related disease is a latent condition that takes decades to manifest in such illnesses such as: asbestosis, lung cancer and mesothelioma. Unfortunately the disease, ie. mesothelioma, is irreversible, extremely debilitating and sometimes fatal in 6 to 9 months after diagnosis and the victim is left to endure the struggle for life without medical benefits and temporary disability benefits. While the legislature’s intentions were good in concept a serious questions remains as to whether the legislation and the proposed Rules meet the remedial and expeditious philosophy of the Workers’ Compensation Act.

 Effective Tuesday, July 6, 2004 the NJ Division of Workers' Compensation is operating under new rules concerning: initial pleadings; motions for temporary & medical benefits; suveillance tapes; substitutions of attorney; and the Uninsured Employers Fund. Administrative discussion of the comments submitted and the new rules are listed below.

CMS - MEDICARE SECONDARY PAYER - ATTORNEY OUTREACH PROGRAM LAUNCHED. The Coordination of Benefits (COB) Contractor is available to address attorney groups to fully explain Medicare Secondary Payer (MSP) liability issues and policies. The COB Contractor and Centers for Medicare & Medicaid Services (CMS) representatives will provide educational seminars regarding the COB operation and CMS’s rights in no-fault, liability, and workers’ compensation (WC) cases. 

  A new NIOSH training and educational DVD, Violence on the Job DHHS (NIOSH) Publication No. 2004-100d, provides employers, employees, safety professionals, and others with recommendations and resources for preventing work-related homicides and assaults. 

 The Health Insurance Portability and Accountability Act includes a provision establishing the Medicare Integrity Program (MIP). This provision gives the Centers for Medicare & Medicaid Services (CMS) authority to enter into contracts with entities to promote the integrity of the Medicare program. The MIP includes a range of Medicare program areas such as cost report auditing, medical review, anti-fraud activities, and the Medicare Secondary Payer (MSP) program.