125-160-0100 Medical Services Limits The Department shall calculate and limit medical services as follows: (1) While still in confinement, benefits shall be limited to medical services provided by or at the direction of Corrections medical staff. (2) After the release date, any medical services shall be payable for no more than the 6 months immediately following release. Medical services shall be provided only by, or at the direction of, the attending physician and only while the claimant is not stationary. (3) After the release date, medical services shall be limited to $10,000. No more than $2,000 of that limit may be applied to rehabilitation services. The limit does not apply to services provided by and through Corrections medical staff while the claimant is confined. (4) In response to the attending physician's request, Department may waive the foregoing limit on medical services payments. Waiver shall be in increments of $5,000 not to exceed a total medical services limit of $75,000. Any conditions that Department may deem reasonable may be attached to its waiver. Any waiver shall conform to one of the following: (a) Corrections medical staff may request a waiver shortly before or after the date of release if these conditions are met: (A) Claimant's medical condition shall have remained medically unstationary from time of injury through time of waiver request and release. (B) Claimant shall be reported by Corrections to be actively cooperating toward recovery. (C) The treating physician shall give Department a written report. It shall state that the medical condition is due to the covered injury and no other cause. It shall estimate the amount by which essential medical treatment will exceed the foregoing limit on medical services. It shall include a plan of essential treatment. (b) A post-release attending physician may request a waiver no later than 90 days after release if the foregoing conditions are met. Also, this additional condition shall be met: Due to a covered injury and from no other cause, claimant shall be in dire medical condition that directly threatens death or a permanent disability rating of 70 percent or more. (5) Further medical services limits after release are as follows: (a) Prior to the first visit to any post-release physician, the claimant shall obtain the Department's written approval for that attending physician. If the Department disapproves the claimant's request, it shall provide the claimant with a list of physicians with whom the claimant may treat. The Department may require a claimant to seek medical treatment through a contract medical service or a Corrections institution's medical staff. A claimant may not change physicians without prior approval of the Department. (b) The Department may require any physician to provide a written plan for treatment of the covered injury and any other reports, useful under these rules. (c) Attending physicians, and any medical providers to whom the attending physician or the Department refer claimant under these rules, may bill the Department for reasonable and necessary medical expenses. They shall do so in the same manner and amounts as provided for services under ORS Chapter 656 and related rules, or as provided in any contract with the Department. (d) The Department shall be required to pay for an examination, investigation, or report only if it is required by the Department or provided or required by the attending physician. This shall include consulting or advisory physicians’ examinations and reports. Department may choose to pay anyone for any actual expense which it considers necessary or useful to determine a claim or to prove a subrogation claim. (e) The cost of reasonable and necessary medications, prescriptions, physical aids, and prosthetics are medical services. Only those required solely for recovery from the covered injury and duly prescribed by the attending physician qualify. Department may require that these be obtained from the Department, its contract provider, a mail-order service, or any other means determined by the Department to be economical or reasonable. (f) The Department may require claimants to purchase any prescribed items through a contract pharmacy or mail order supplier. The Department may, from time to time, provide claimants with any terms and conditions for reimbursement of prescription purchases that it deems reasonable. All reimbursement requests shall be submitted in a form required by the Department, with all required documentation, and within 30 days following purchase. (g) The attending physician shall closely monitor medications. Department shall only pay for a two week supply and one refill of a two week supply. Physician must see the claimant before further refill. The physician may prescribe larger quantities under the terms of a contract with the Department of Corrections or if the medication is known to the physician to be without potential for abuse. (6) Any and all benefits payable or potentially payable to any claimant after release from confinement may be permanently terminated by Department without notice when any of the following occur: (a) Attending physician's estimated duration of the need for medical services expires without medical findings that claimant continues to require medical services related to the covered injury. (b) Attending physician reports that claimant is not cooperating in claimant's own recovery. (c) Claimant fails to appear for any appointment with the attending physician. (d) Claimant fails to appear for any appointment with any physician designated by the Department or the attending physician for which at least 14 days of notice was given to the claimant. (e) Claimant becomes medically stationary. (7) Medical services may be permanently terminated by Department without notice, upon claimant commencing work or applying for, or receiving, unemployment compensation. (8) Minor injuries, those that require only first aid or that do not result in permanent disability as defined by these rules, shall qualify only for any medical services that may be provided by Corrections. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17 DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95