Mississippi Administrative Code › Title 20 - Labor › Part 2 - Mississippi Workers' Compensation Medical Fee Schedule › GENERAL RULES › Section 20-2-III - DEPOSITION/WITNESS FEES; MEDICAL RECORDS AFFIDAVIT

Current through June 25, 2024
A. Any health
				care provider who gives a deposition or is otherwise subpoenaed to appear in
				proceedings pending before the MWCC shall be paid a witness fee as provided by
				MWCC Procedural Rule 2.18(h) in the amount of $25.00 per day plus mileage
				reimbursement at the rate authorized by MWCC General Rule 1.14. Procedure code
				99075 must be used to bill for a deposition.
B. In addition to the above fee and mileage
				reimbursement, any health care provider who gives testimony by deposition or
				who appears in person to testify at a hearing before the MWCC shall be paid
				$750.00 for the first hour and $187.50 per quarter hour thereafter. This fee
				includes necessary preparation time. In the event a deposition is cancelled
				through no fault of the provider, the provider shall be entitled to a payment
				of $250.00 unless notice of said cancellation is given to the provider at least
				72 hours in advance. In the event a deposition is cancelled through no fault of
				the provider within 24 hours of the scheduled time, then, in that event, the
				provider shall be paid the rate due for the first hour of a deposition. Nothing
				stated herein shall prohibit a medical provider and a party seeking to take the
				medical provider's deposition from entering into a separate contract which
				provides for reimbursement other than as above provided.
C. Pursuant to MWCC Procedural Rule 2.9, an
				examining or treating physician may execute an affidavit in lieu of direct
				testimony. The Physician's Medical Record Custodian is allowed to sign the
				affidavit in lieu of the physician's signature. Such charge for execution of
				the affidavit is limited to a maximum reimbursement of $25.00. Reimbursement
				for copies of medical records that are attached to affidavits shall be made as
				outlined in the Medical Record Rules.
D. Any health care provider who gives a
				deposition or is otherwise subpoenaed to provide information, documents, or
				other records of any kind may be entitled to make an entry of appearance as a
				party in the underlying workers' compensation claim for the limited purpose of
				contesting the subpoena and/or the scope of the requested information or
				deposition. No part of this section shall be construed to create any additional
				liability on the part of the health care provider beyond that set forth in
				Mississippi Code Annotated (MCA) §
									71-3-59(2)
				or otherwise set forth in the Mississippi Workers' Compensation Law and/or the
				Fee Schedule. Pursuant to MCA §
									71-3-59(2),
				the MWCC may award attorney's fees and expenses to the health care provider in
				the event the MWCC finds the scope of the subpoena, deposition, or other
				information requested from the health care provider is an institution,
				continuance, or delay of proceedings without reasonable grounds by the party
				seeking the information from the health care provider and/or the attorney
				advising such party. Pursuant to MCA §
									71-3-59(2),
				the MWCC may also impose a civil penalty not to exceed ten thousand dollars
				($10,000.00) against the party and/or the attorney advising such party seeking
				the information from the health care provider for each violation. Similarly,
				the MWCC may also award attorney's fees, expenses, and/or the civil penalty
				against the health care provider and/or their attorney in the event the MWCC
				finds that the health care provider's challenge to the subpoena, deposition, or
				other requested information is an institution, continuance, or delay of
				proceedings without reasonable grounds.