Over the past year, the DIME process under WCRP 11 (Rule 11), has undergone a major overhaul to smooth out some persistent rough edges. The transformation, as the project was named, had two primary goals: Improve efficiency and provide incentives to retain/attract physicians in the available pool. In respect to the former, the assembly and review of medical records packets had become a burdensome, contentious, and expensive task that often involved a multitude of duplicative or irrelevant records. This resulted in not only unnecessary time spent acquiring and organizing these records, but increased costs of review for the parties and frustration on the part of the physicians due to the workload. As a consequence, many physicians left the pool while those remaining insisted upon reform, including increased compensation commensurate with the amount of work required for larger, more complex files.
Hence, the DIME has been polished. The finalized version of the new Rule 11 has been unveiled and will become effective April 1, 2025. Here’s what you need to know:
Medical Records Packets:
WCRP 11-3(B) is a complete overhaul of its predecessor. The biggest change comes with the introduction of an electronic system used by the Division to organize the new medical records packets. Both parties will assemble their medical packets and submit them to the Division. Following receipt of records from both parties, the Division will reorganize the medical records, using their new system, and will provide the parties with a proposed medical records packet. The Division will deliver the final packet to the DIME physician and both parties at least 14 days before the DIME appointment.
Notable changes:
- Respondents have 30 days from the date the Notice and Proposal and Application for DIME is filed to deliver the “raw” records to the Division, with supplementation permitted by claimant.
- The parties have 10 days from receipt of the proposed records packet from the Division to make any objection or request for changes.
This new process is of particular benefit to respondent parties as it not only reduces costs associated with assembling a packet for both the claimant and the DIME physician, with multiple revisions during that process, but reduces the risk of potential penalties or sanctions. Where respondents were previously tasked with ensuring timely receipt of multiple packets by multiple parties on multiple occasions for a single DIME, they are now responsible for only one set of records.
DIME Fees:
Per WCRP 11-4(A), DIME physicians are now given an initial $1,000 base fee, paid by the requesting party. The DIME physician will bill in 15-minute increments for the review of the medical records at the rate prescribed in WCRP 18. If the physician’s billable hours exceed the initial flat fee, respondents are responsible for paying an invoice for any overage. The indigency determination process remains unchanged.
Interpreter
WCRP 11-3(D) significantly expands upon the use of interpreters, which remain the financial burden of respondents. Remote interpreting is now allowed, either by video or audio, and the certification, reimbursement, and cancellation provisions of the Medical Fee Schedule under WCRP 18 now apply. Respondents are assumed to be the defaulting party in the event of an interpreter no show after proper notice and may be subject to a rescheduling or non-compliance fee.
DIME Strike
While the general process of objection to the treating physician’s report, application for DIME, and DIME selection remains the same, the time which the parties have to strike a physician has changed. The prior rule specified a party had five (5) business days from either the issuance of the DIME panel or receipt of the other party’s strike in which to strike a physician on the panel, whereas WCRP 11-3(A)(5) now specifies that a party has seven (7) calendar days in which to make their strike. This change was made purely for purposes of consistency and to reduce confusion, as all other timing references in Rule 11 utilize calendar days.
If you have questions regarding the changes to Rule 11, or any employment or workers’ compensation-related question please contact us.