Florida Regulations 69L-30.007: Expert Medical Advisor Responsibilities
Current as of: 2024 | Check for updates
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(1) A physician shall disclose any conflict of interest upon receiving notice of selection as an EMA or Temporary EMA and shall not accept selection if a conflict of interest exists. For the purposes of this rule, “”conflict of interest”” means that any of the following matters may exist, potentially influencing the EMA’s opinions and decisions while fulfilling responsibilities to evaluate the medical care provided the injured employee by the examining physician:
(a) Private, business, financial or ownership interests involving potential gain or benefit based on the outcome of the case; or
(b) Prior knowledge of the injured employee.
(2) An EMA shall be responsible for notifying the Department of any change in the physician’s license or board certification status or change in address or contact information within 30 calendar days of the change. EMAs may notify the Department by updating their profiles through the DWC Medical Services Web Portal, or by emailing the Department at workers.compmedservice@myfloridacfo.com. EMAs may also forward documentation regarding such changes to the Division of Workers’ Compensation, Medical Services Section, c/o Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida, 32399-4232.
(3) When the JCC selects an EMA from the Certification List, the EMA shall complete and submit a written report to the JCC within 15 calendar days following receipt of all medical records and, when appropriate, the examination of the injured employee. The medical records to be submitted shall be within the discretion of the JCC.
(4) When the Department selects an EMA or Temporary EMA and provides the complete medical record for the treatment under review, the EMA or Temporary EMA shall complete and submit a written report to the Department within 15 calendar days following receipt of all medical records. Should an EMA find it necessary to perform an examination of the injured employee, the EMA’s written report shall be submitted to the Department within 15 calendar days following the completion of such examination.
(5) The EMA or Temporary EMA shall furnish a copy of the written report to the insurer and to the injured employee pursuant to paragraph 440.13(9)(d), F.S.
Rulemaking Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History-New 1-23-95, Formerly 38F-54.007, Amended 10-11-06, Formerly 59A-30.007, Amended 3-1-16, 5-18-17.
(b) Prior knowledge of the injured employee.
(2) An EMA shall be responsible for notifying the Department of any change in the physician’s license or board certification status or change in address or contact information within 30 calendar days of the change. EMAs may notify the Department by updating their profiles through the DWC Medical Services Web Portal, or by emailing the Department at workers.compmedservice@myfloridacfo.com. EMAs may also forward documentation regarding such changes to the Division of Workers’ Compensation, Medical Services Section, c/o Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida, 32399-4232.
(3) When the JCC selects an EMA from the Certification List, the EMA shall complete and submit a written report to the JCC within 15 calendar days following receipt of all medical records and, when appropriate, the examination of the injured employee. The medical records to be submitted shall be within the discretion of the JCC.
(4) When the Department selects an EMA or Temporary EMA and provides the complete medical record for the treatment under review, the EMA or Temporary EMA shall complete and submit a written report to the Department within 15 calendar days following receipt of all medical records. Should an EMA find it necessary to perform an examination of the injured employee, the EMA’s written report shall be submitted to the Department within 15 calendar days following the completion of such examination.
(5) The EMA or Temporary EMA shall furnish a copy of the written report to the insurer and to the injured employee pursuant to paragraph 440.13(9)(d), F.S.
Rulemaking Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History-New 1-23-95, Formerly 38F-54.007, Amended 10-11-06, Formerly 59A-30.007, Amended 3-1-16, 5-18-17.