NORTH CAROLINA INDUSTRIAL COMMISSION

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N.C. Industrial Commission Rules

Industrial Commission Rules Currently in Effect

Click here to view a complete set of the Industrial Commission Rules currently in effect.

Pending Rulemaking Information

Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10J .0103

Please click here to view a notice regarding proposed changes to the Commission’s Medical Fee Schedule, Rule 04 NCAC 10J .0103, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.

The Commission held the public hearing on Wednesday, July 19, 2017. Please click here to view a transcript of the public hearing. The Commission will also accept written comments on the proposed rule through August 14, 2017. The Commission accepted written comments from June 15, 2017 through August 14, 2017. Please click here to review the comments timely received, as well as three public comments received after the deadline.

The Commission approved a permanent rule amending Rule 04 NCAC 10J .0103. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings on September 19, 2017.
 

Notice of Meeting

The Commission will meet at 3:00 P.M. on September 18, 2017 in Room 2173 of the Dobbs Building. Please click here for more information.
 

Notice of Meeting

The Commission will meet at 2:30 P.M. on Wednesday, August 16, 2017, in Room 6037 of the Dobbs Building, located at 430 North Salisbury Street, Raleigh, NC 27603. Please click here for more information.

Important News Regarding Temporary Rule Amending 04 NCAC 10J .0103, Effective January 1, 2017

An approved temporary rule amendment to Rule 04 NCAC 10J .0103 went into effect on January 1, 2017. A legal challenge to this temporary rule was filed in Wake County Superior Court. Please click here to see a copy of the March 21, 2017 Order deciding the legal challenge. The Commission is currently reviewing the matter and will provide updates as to any further related legal proceedings. In light of the March 21, 2017 Order, this version of Rule 04 NCAC 10J .0103 is currently in effect for dates of service of January 1, 2017 or later.

Permanent Rule Amendment Approved by Rules Review Commission

On January 19, 2017, the Rules Review Commission approved the rule amendment with technical corrections to Rule 04 NCAC 10A .0108. Please click here to view an annotated version of the approved rule showing all amendments. This rule can also be found in the North Carolina Administrative Code here. No letters of objection were received. Therefore, this rule is effective as of February 1, 2017.

Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0108

Please click here to view a notice regarding proposed changes to the Commission’s electronic filing rule, 04 NCAC 10A .0108, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.

The Commission held the public hearing on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The written comment period closed on December 16, 2016. The Commission did not receive any written comments.

The Commission approved a permanent rule amending 04 NCAC 10A .0108. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings on December 20, 2016. Please click here to view the permanent rule.

Notice of Meeting

The Commission will meet at 10:00 A.M. on December 20, 2016 in Room 6037 of the Dobbs Building. Please click here for more information.

Temporary Rule Amendment Approved by Rules Review Commission

The temporary rule amendment to Rule 04 NCAC 10J .0103 adopted by the Industrial Commission was reviewed and approved by the Rule Review Commission on December 15, 2016. Please click here to view the approved rule, which will go into effect on January 1, 2017.

Notice of Industrial Commission Temporary Rulemaking

Please click here to view a notice regarding a proposed temporary rule amending workers’ compensation medical fee schedule rule 04 NCAC 10J .0103 in light of the August 9, 2016 court decision in Surgical Care Affiliates, LLC v. North Carolina Industrial Commission, No. 16-CVS-0060 (Wake County Superior Court). This notice includes the public hearing date and the written comment period for the proposed temporary rule.

The Commission held the public comment meeting on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The Commission accepted written comments from October 19, 2016 through November 29, 2016. Please click here to review the comments.

The Commission approved a temporary rule amending 04 NCAC 10J .0103. The temporary rule was filed with the Rules Review Commission at the Office of Administrative Hearings on December 6, 2016. Please click here to view the temporary rule.

Important News Regarding Ambulatory Surgery Fee Schedule Rules and Public Comment Meeting on October 3, 2016

On August 9, 2016, Superior Court Judge Paul Ridgeway entered a Decision invalidating the ambulatory surgery center provisions of the workers’ compensation medical fee schedule that became effective April 1, 2015. Please click here to read that decision. The decision has been stayed pursuant to a September 2, 2016 Order by Judge Ridgeway. Click here to view the Order.

The Industrial Commission scheduled a non-mandatory public comment meeting on October 3, 2016, to consider appropriate steps for the Industrial Commission to take in light of the August 9, 2016 Decision. Please click here to view the meeting notice. Please click here for the cost analyses published by NCCI and NCRB that are referenced in the meeting notice. The cost analyses may be used by the public in formulating any comments or proposals prior to or following the public comment meeting.

The Commission held the public comment meeting on Monday, October 3, 2016. Please click here to view a transcript of the public comment meeting. Per the above-mentioned notice, the Commission will continue to accept comments through Monday, October 10, 2016.

The Industrial Commission received the following proposals on September 26, 2016. As stated in the meeting notice, members of the public may attend the meeting on October 3, 2016, to address oral comments on these proposals to the Commission. Additionally, any person may present written comments in response to the proposals by October 10, 2016, as described in the meeting notice referenced above. In accordance with the meeting notice, the Commission is posting all proposals received. The proposals are listed in chronological order of receipt.

  • Proposal from Surgical Care Affiliates, LLC. Please click here.
  • Proposal from 21 employer, insurance, and third-party administrator organizations. Please click here.
  • Proposal from the National Association of Mutual Insurance Companies. Please click here.
  • Proposal from the North Carolina Hospital Association. Please click here.

Following the public comment meeting on October 3, 2016, the Commission accepted additional written comments and corresponding documentation through October 10, 2016. These comments are listed below in order of receipt. The Commission appreciates the participation of all persons and entities throughout this process. All proposals, written comments, and oral presentations shall be taken under advisement in considering the rulemaking options to address the effects of the August 9, 2016 court decision.

  • Comment from Triangle Orthopaedics Surgery Center. Please click here.
  • Comment from the North Carolina Hospital Association. Please click here.
  • Comment from Surgical Care Affiliates, LLC. Please click here.
  • Letters submitted with SCA’s comment. Please click here.

Petitions for Rulemaking

Rulemaking Archives

New Industrial Commission Rules, Effective February 1, 2016

Please click here to view the ten new and amended Industrial Commission rules, effective February 1, 2016. These rules will appear in the North Carolina Administrative Code on or before February 1, 2016. To access all current Industrial Commission rules, click here. The new Industrial Commission Electronic Filing rule is 04 NCAC 10A .0108. The rules that have been amended are 04 NCAC 10A .0101, 04 NCAC 10A .0404, 04 NCAC 10A .0405, 04 NCAC 10A .0502, 04 NCAC 10A .0609, 04 NCAC 10A .0609A, 04 NCAC 10A .0610, 04 NCAC 10A .0613, and 04 NCAC 10A .0617. The changes to 04 NCAC 10A .0101 went into effect on January 1, 2016.

The Rules Review Commission, at its December 17th meeting, approved the new rules. The rules were initially adopted by the Industrial Commission on November 20, 2015 and were the subject of a public hearing, held on October 20, 2015.
 

New Rules Approved

On December 17, 2015, the Rules Review Commission approved ten rules adopted by the Industrial Commission. Seven of the ten rules were approved with technical corrections. Click here for the ten approved rules. No letters of objection were received. Therefore, these rules will go into effect on February 1, 2016. One rule, 04 NCAC 10A .0101, will go into effect on January 1, 2016.

We are in the process of updating our rules page to reflect all rules currently in effect and the rules that will change on January 1, 2016 and February 1, 2016.
 

Proposed Industrial Commission Rules

The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed e-filing and other rules. Please click here for the transcript of the public hearing and the proposed rules. The written comment period ended November 17, 2015. One written comment was received. Click here to review the comment. The rules were adopted by the Industrial Commission without changes and filed with the Rules Review Commission on November 20, 2015. It is anticipated that the Rules Review Commission will review the adopted rules at its December 17, 2015 meeting.
 

NOTICE OF PROPOSED INDUSTRIAL COMMISSION RULES - September 15, 2015

Please click here to view a notice regarding rule changes proposed by the Commission, including the public hearing date and the written comment period for the proposed rules. The notice contains website links for the fiscal note approved by the Office of State Budget and Management regarding the proposed rules.
 

Revised Industrial Commission Medical Fee Schedule Rules

Please click here to view the news release regarding approval of new Medical Fee Schedule rules.
 

New Industrial Commission Rules Effective November 1, 2014

Please click here to view all Industrial Commission rules, including the new rules effective November 1, 2014. You may also access the rules via "Attorneys" and "Links" on the Industrial Commission homepage. The new Industrial Commission fee rules are Rules 04 NCAC 10E .0202 and 04 NCAC 10E .0203. The increased fees are as follows:

Mediator's Report: $200
Form 21/26/26A: $300
CSA (“Clinchers”): $400
 

Industrial Commission Rules Update -- New rules effective November 1, 2014

On October 16, 2014, the Rules Review Commission approved ten rules adopted by the Industrial Commission pursuant to Session Law 2014-77. Click here for the ten approved rules. No letters of objection were received. Therefore, these ten rules will go into effect on November 1, 2014.

In addition, all new workers' compensation rules and vocational rehabilitation rules adopted and approved in 2012 and 2014 that have been held in abeyance will go into effect on November 1, 2014.

Please click here to see the mark-up versions of the new rules that will go into effect on November 1, 2014. We are in the process of updating our rules page to reflect all rules currently in effect and the rules that will change on November 1, 2014.
 

Industrial Commission Rules Update

Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), on September 25, 2014, the Industrial Commission submitted 10 adopted permanent rules for review by the Office of Administrative Hearings. Click here to view the adopted rules. It is anticipated that these rules will be considered by the Rules Review Commission at its October 16, 2014 meeting.

The Commission will continue to provide updates regarding rulemaking on this page of the Industrial Commission's website. Should you have any questions, please call Meredith Henderson at (919) 807-2575 or Ryan Boyce at (919) 807-2582.
 

Industrial Commission Rules Update

Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), the Industrial Commission submitted 10 proposed permanent rules to the Office of Administrative Hearings for publication. The proposed rules were published on the Office of Administrative Hearings website on August 14, 2014. To access the proposed rules, click here.

The Commission will hold a public hearing on the proposed rules on September 8, 2014 at 10:00 a.m. The public hearing will be held in Room 2173 of the Dobbs Building, 430 North Salisbury Street, Raleigh, NC 27603. The public may also send written comments regarding the proposed rules to meredith.henderson@ic.nc.gov from August 20, 2014 to September 15, 2014.

The Commission will continue to provide updates regarding rulemaking on this page of the Industrial Commission's website. Should you have any questions, please call Meredith Henderson at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
 

Industrial Commission Rules Update

In January 2014, the Industrial Commission submitted 35 proposed permanent rules to the N.C. Office of Administrative Hearings for appropriate publication. The Rules Review Commission approved all 35 rules during its March and April meetings. However, eight of the rules received ten or more letters of objection and were subjected to legislative review.

On July 22nd, Senate Bill 794 was signed into law by Governor Pat McCrory. Senate Bill 794 (Session Law 2014-77) disapproved the eight rules mentioned above, as well as two additional rules made by Industrial Commission in 2012 and 2014. This law provides guidance on how to revise the ten disapproved rules and requires that the new rules be re-adopted through the temporary rulemaking process in time for potential legislative review during the General Assembly's 2015 Regular Session.

Senate Bill 794 does not affect the rules that became effective July 1, 2014. To access all rules that are currently in effect, click here .

The Industrial Commission will continue to provide updates on the status of its rules on this page of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
 

Industrial Commission Rules Update

Click here to access the new and revised Industrial Commission rules that will be effective July 1, 2014. The new and revised rules are in the following Subchapters:

  • 10B (Tort Claims Rules)
  • 10D (Managed Care Organizations)
  • 10E (Administrative Rules)
  • 10F (Electronic Billing Rules)
  • 10G (Rules for Mediated Settlement and Neutral Evaluation Conferences)
  • 10H (Rules Relating to the Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act)
  • 10I (Childhood Vaccine-Related Injury Rules)
  • 10J (Fees for Medical Compensation)
  • 10L (Industrial Commission Forms)

There are eight permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294 that are subject to legislative review pursuant to N.C. Gen. Stat. §150B-21.3(b2). Click here to view the permanent rules subject to legislative review.

The Industrial Commission will continue to provide updates on the status of its rules on this page of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson at (919) 807-2575.
 

Electronic Medical Billing and Payment

Pursuant to N.C. Gen. Stat. § 97-26(g1), the Industrial Commission was directed to adopt rules requiring electronic medical billing and payment processes. The Industrial Commission subsequently adopted Electronic Billing Rules 101-109 in 2012. These rules were then held in abeyance in conjunction with other rule making efforts and to allow the Commission to develop an implementation guide. The Electronic Billing and Payment Companion Guide is now in final form and ready for publication. Click here for access to the guide. This guide can also be accessed on the Commission's webpages for Carriers and for Medical Providers.

The date for implementation of electronic medical billing in the adopted rules referenced above is March 1, 2014. The Commission received and considered feedback and multiple requests for extensions of the March 1, 2014 deadline from employers, carriers, third-party administrators, and medical billing companies. In order to allow these stakeholders additional time for preparation, the Commission will not require compliance with the Electronic Billing Rules until July 1, 2014, with regard to electronic medical billing processes. The rules and portions of the companion guide that govern and require electronic medical payment processes will not be mandatory until January 1, 2015. No additional extensions will be granted.
 

Update Regarding NCIC Rules

Pursuant to Session Law 2013-294, known as Senate Bill 174 to Disapprove Industrial Commission Rules, the Industrial Commission will be reviewing the disapproved rules and complying with Section 11 of the bill. In the interim, the Industrial Commission will continue to operate under the rules as set forth on our website:

Industrial Commission Rules

In light of Section 4 of Session Law 2013-294, the Industrial Commission will be taking the necessary steps to review the new statutory process and the existing Rule 609A Medical Motions and Emergency Medical Motions. If the existing Rule 609A conflicts with Section 4 of Session Law 2013-294, the Industrial Commission will provide notification of any process to repeal Rule 609A.

On January 1, 2013, two new rules became effective and have been updated on our website: 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation. No additional changes have been made to the Industrial Commission's rules at this time.
 

Update Regarding NCIC Rules

The Industrial Commission announces that the adopted rules have been approved by the Rules Review Commission. On January 1, 2013, two new rules became effective, 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation.

The Medical Fee Schedule has been updated to reflect the changes in accordance with 04 NCAC 10J .0101(c). Click here for the updated Medical Fee Schedule.

Pursuant to G.S. §150B-21.3(b2), a portion of the approved rules are subject to legislative review. All remaining approved rules have a delayed effective date, to be determined in accordance with the legislative review. Click here for the rules subjected to legislative review and the approved rules with a delayed effective date.
 

Proposed Industrial Commission Rules

The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed e-filing and other rules. Please click here for the transcript of the public hearing and the proposed rules.
 

Update Regarding Proposed Industrial Commission Rules

On January 20th, the Industrial Commission adopted its proposed physician and hospital fee schedule rule changes and submitted all four rules to the Rules Review Commission for consideration at the February 19th meeting. The proposed rules may be viewed here. Prior to adoption, the Industrial Commission held a public hearing on December 17th and accepted written comments through January 16th. Please click here to access the transcript of the public hearing. Please click here to access the written comments on the proposed rules.
 

Update Regarding Proposed Industrial Commission Rules

Please click here to view the proposed physician and hospital fee schedule rule changes proposed by the Commission.

After appropriate notice to the public, the Industrial Commission held a public hearing on the proposed rules at 2 p.m. on Wednesday, December 17th. Please click here to access the transcript of the public hearing. The public may submit written comments regarding the proposed rules through January 16, 2015. Click here for information regarding how to submit written comments.

It is anticipated that the Industrial Commission will adopt a final version of the proposed rules by January 20, 2015, and submit them for review by the Rules Review Commission at its February 19, 2015 meeting.
 

Industrial Commission Rules Update

On March 20, 2014, the Rules Review Commission (RRC) of the Office of Administrative Hearings reviewed 35 permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294. The RRC approved 31 of the rules and objected to four of them. The four disapproved rules were revised and resubmitted to the Rules Review Commission for review at its April 17, 2014 meeting, at which time they were approved. Click here for the 35 approved rules.

The RRC received 10 or more letters requesting legislative review of eight of the 35 approved rules pursuant to N.C. Gen. Stat. §150B-21.3(b2). Therefore, these rules will be subject to legislative review when the Legislature comes into session in May 2014. Click here to view the approved rules subject to legislative review. Because these eight rules cannot go into effect at this time, the Industrial Commission has requested that certain approved permanent rules be held in abeyance pursuant to N.C. Gen. Stat. §150B-21.3(b1) and (b2).

The rules to be held in abeyance include 04 NCAC 10A .0101-.0604, .0606-.0609, .0610-.0619, .0702-.1001 (Workers’ Compensation Rules) and 04 NCAC 10C .0101-.0108, .0110-.0201 (Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims), as well as 04 NCAC 10E .0201-.0202, which relate to certain fees of the Industrial Commission. The request to hold these rules in abeyance is based on concerns about conflicts between old and new rules and because several of these rules are intertwined with rules that are subject to legislative review.

The remainder of the approved permanent rules of the Industrial Commission shall go into effect on July 1, 2014. These rules will likely be codified this week and a link will be provided at that time.

For the current version of the Industrial Commission rules, please go to http://reports.oah.state.nc.us/ncac.asp?folderName=\Title 04 - Commerce\Chapter 10 - Industrial Commission or to the Industrial Commission Rules.

The Industrial Commission will continue to provide updates throughout the rulemaking process on this page of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson at (919) 807-2575.
 

N.C. Industrial Commission Publishes Adopted Rules

In compliance with the Administrative Procedure Act, the North Carolina Industrial Commission has published adopted rules. The adopted rules are currently under review by the Rules Review Commission of the North Carolina Office of Administrative Hearings. The Notice of Rulemaking, the text of the proposed rules, and the fiscal impact analysis previously published on July 16, 2012, can be found here. The Industrial Commission accepted written comments from the public regarding the proposed rules through September 14, 2012. The written comments received during this period can be found here. A public hearing on the rules changes was held on August 6, 2012. The transcript of the hearing is available here.

Industrial Commissions Rules Update

In accordance with HB 709, the Commission began working diligently on the prospect of being subject to the Administrative Procedure Act even prior to ratification of the legislation on June 24, 2011. In addition to the passage of HB 709, SB 781 became law on July 25, 2011. The Commission took aggressive steps to understand the implications of SB 781 and what requirements would be placed on the Commission to comply with HB 709 and SB 781.

A rules committee was formed at the end of July, and the first meeting was held on August 3, 2011. One of the first steps taken by the rules committee was to seek outside input on the rules from both external stakeholders and internal stakeholders, requesting parties to propose changes to existing rules and to propose changes made necessary by HB 709. Upon receipt of all proposals, the information was compiled and the committee met on a weekly basis to review every rule found in existence in our statute book. We continued to correspond with OAH and OSBM, as was necessary for furthering our understanding of the process, even meeting with OAH in early September of 2011. The rules committee, along with various other individuals within the Commission, attended a CLE offered by OAH and OSBM to ensure a proper understanding of the process and procedures for rule adoption under HB 709 and SB 781. Furthermore, all of the rules as revised by the rules committee underwent a preliminary review with OAH prior to completion of fiscal notes to minimize technical errors.

The Commission is presently finalizing the fiscal notes and a packet will be submitted to OSBM for review in accordance with SB 781. The Commission would like to offer a thank you to all of the external stakeholders that have provided suggestions during this process and who have responded to our deadlines. We continue to pursue a very aggressive timeline in order to accomplish the task set forth in HB 709.
 

Industrial Commission Adopts New Rules, Effective Jan. 1, 2011

Following proper public notice on and after August 9, 2010 (click here to view this notice), and a public hearing on September 15, 2010, (click here to view the transcript of this hearing; to view written comments submitted to the Commission, click here), and upon due consideration after a careful review of the record, the North Carolina Industrial Commission has adopted the attached amendments and additions to the existing Rules of the Commission. To view the text of the rule changes, click here. These changes are effective as of January 1, 2011.