PUBLIC NOTICE IS HEREBY GIVEN that the Wyoming Workers’ Compensation
Division is proposing changes that will affect the Division’s rules, regulations and fee
schedule. These proposals include modifications to the Wyoming Workers’
Compensation Rules, Regulations and Fee Schedules;
The Wyoming Workers’ Compensation Fee Schedule in Chapter 9 has not been updated
since October of 2020. Wyoming’s Fee Schedule allowable rates are lower than the rates
commonly paid by other insurers both state wide and across the region. Because it is
difficult to obtain quality health care for injured workers with the current rates, the
Division intends to update and increase the rate for medical services with this rule
change. Minor changes throughout the chapter include format/language corrections and
website updates. The following nine sections were updated with significant changes:
All dates were updated and changed from 2020 to 2021 in the following
sections: Section 1(c); Section 2 (a), (b)(i) and (ii); and Section 4(a), (b)(i)
Section 2(b)(ii)(A) – added – “MUE edits under CMS that have a value of 0
(zero) will be overridden and reviewed for medical necessity and relatedness to the injury
and treatment”. This updates the Division’s policy on bill review.
Section 2(d)(ii)(B) added – “at least one of the following anesthesia modifiers must be
submitted on each bill”. The formatting on this list was changed from (B) through (H) to
(B) through (I). This was added as a clarification of the requirements when using
anesthesia modifiers on a medical bill.
Section 4(a)- added – “The Division will not include quarterly updates for these
payments, the payments will remain consistent with the January 1, 2021 published rates”.
This is a clarification of the Division’s bill paying policy.
Section 8(d)- added – “Please contact the Division’s Provider Services unit for
information regarding Air Ambulance reimbursement @ 307-777-6441”. This was added
to support air ambulance providers when they question the reimbursement for their
services. This was due to outcomes of litigation.
Section 9(a)(i)- Updated and changed the Wyoming Base Rate from $5,801.13
to $5,961.31 and the MS DRG weight according to the CMS Table 5 from $7,541.47 to
$7,749.70. The Medicare website link was updated and changed to: https:
www.cms.gov/medicare/acute-inpatient-pps/fu-021-ipps-final-rule-home-page#Data
Section 9(a)(ii)(G)- struck “if the MS-DRG allows for a device special payment
for device intensive procedures” Also removed section 9(a)(ii)(I). This information was
deleted due to changes in the MS DRG at the federal level.
Section 9(d)(i)- Updated and changed website link to:
https://www.cms.gov/files/document/12220-opps-final-rule-cms-1736-fc.pdf
Section 9(a)(e)(i)- Updated and changed website link to: https://publicinspection.federalregister.gov/2020-26819.pdf
Other changes include clarification on definitions, minor formatting and reduction of
rules.
Written comments should be submitted to the following address by 06/28/2021.
Wyoming Workers’ Compensation Division
ATTN: Jacob Bustos
5221 Yellowstone Road
Cheyenne, WY 82002
(307) 777-6747
Or via email to: jacob.bustos@wyo.gov
A public comment period will end at close of business on 06/28/2021.
Copies may be obtained by submitting a written request to the Division, with prepayment by personal check or money order for the total number of copies requested; the
fee for each copy is $4.00. The proposed rules may be downloaded, free of charge, from
the Department of Workforce Services (DWS) at: