Ariz. Admin. Code § R20-5-1301 - Adoption and Applicability of the Article
A. The Industrial Commission of Arizona
(Commission) has adopted the Work Loss Data Institute's Official
Disability Guidelines - Treatment in Workers Compensation (ODG) as the
standard reference for evidence-based medicine used in treating injured workers
within the context of Arizona's workers' compensation system. By adopting and
referencing the most recent edition (at the time of treatment), and
continuously updated Official Disability Guidelines, the Commission can ensure
the latest available medical evidence is used in making medical treatment
decisions for injured workers.
B.
Until further action of the Commission, the guidelines shall apply to all body
parts and conditions.
C. The
Commission may modify or change the applicability of the guidelines as
described in subsection (B) if the Commission determines that modification or
changing the applicability of the guidelines will: 1) improve medical treatment
for injured workers, 2) make treatment and claims processing more efficient and
cost effective, and 3) if the Commission's modification expands the
applicability of the guidelines, the guidelines adequately cover the relevant
body parts or conditions. Before taking action to modify or change the
applicability of the guidelines, the Commission shall provide an opportunity
for public comment and hold a public hearing. A decision of the Commission
under this subsection shall be made by a majority vote of a quorum of
Commission members present at a public meeting.
D. Action taken by the Commission to modify
or change the applicability of the guidelines under subsection (C) shall be
published in the minutes of the Commission meeting when such action was taken.
The minutes of this action shall be published on the Commission's website and
shall be available from the Commission upon request.
E. The guidelines shall apply prospectively.
Recommendations provided in the guidelines related to the management of chronic
pain and the use of opioids for all stages of pain management shall apply to
medical treatment or services occurring on or after October 1, 2016. For
purposes of this process, chronic pain shall be defined by the guidelines.
Recommendations provided in the guidelines related to all other body parts and
conditions shall apply to medical treatment or services occurring on or after
October 1, 2018.
F. This Article
applies to all claims filed with the Commission.
G. This Article only applies to medical
treatment and services for body parts and conditions that have been accepted as
compensable.
H. The guidelines are
to be used as a tool to support clinical decision making and quality health
care delivery to injured employees. The guidelines set forth care that is
generally considered reasonable and are presumed correct if the guidelines
provide recommendations related to the requested treatment or service. This is
a rebuttable presumption and reasonable medical care may include deviations
from the guidelines. To support a request to deviate from the guidelines, the
provider must produce documentation and justification that demonstrates by a
preponderance of credible medical evidence a medical basis for departing from
the guidelines. Credible medical evidence may include clinical expertise and
judgment.
I. The Commission shall
provide administrative review and oversight of this Article.
Notes
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