Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 10
MEDICAL SERVICES
436-010-0340
Sanctions and Civil Penalties
(1) If the director finds any medical provider in violation of the medical reporting requirements established under ORS 656.245, 656.252, 656.254, or 656.325, or OAR 436-009 or 436-010, the director may impose one or more of the following sanctions:
(a) Reprimand by the director;
(b) Nonpayment, reduction, or recovery of fees in part or whole for medical services provided;
(c) Referral to the appropriate licensing board;
(d) Civil penalty not to exceed $1,000 for each occurrence. In determining the amount of penalty to be assessed, the director will consider:
(A) The degree of harm inflicted on the worker or the insurer;
(B) Whether there have been previous violations; and
(C) Whether there is evidence of willful violations; or
(e) A penalty of $100 for each violation of ORS 656.325(1)(c)(C).
(2) If the medical provider fails to provide information under OAR 436-010-0240 within 14 days of receiving a request sent by certified mail or fax, penalties under this rule or OAR 436-015-0120 may be imposed.
(3) The director may impose a penalty of forfeiture of fees and a fine not to exceed $1,000 for each occurrence on any medical service provider who, under ORS 656.254, and 656.327, has been found to:
(a) Fail to comply with the medical rules;
(b) Provide medical services that are excessive, inappropriate, or ineffectual; or
(c) Engage in any conduct demonstrated to be dangerous to the health or safety of a worker.
(4) If the conduct as described in section (3) of this rule is found to be repeated and willful, the director may declare the medical provider ineligible for reimbursement for treating workers’ compensation patients for a period not to exceed three years.
(5) A medical provider whose license has been suspended or revoked by the licensing board for violations of professional ethical standards may be declared ineligible for reimbursement for treating workers’ compensation patients for a period not to exceed three years. A certified copy of the revocation or suspension order will be prima facie justification for the director’s order.
(6) If a financial penalty is imposed on the medical provider for violation of these rules, the provider may not seek recovery of the penalty fees from the worker.
(7) If an insurer or worker believes sanctions under sections (1) or (2) of this rule are appropriate, either may submit a complaint in writing to the director.
(8) If the director finds an insurer in violation of the notification provisions of OAR 436-010 limiting medical services, the director may order the insurer to reimburse any affected medical providers for services provided until the insurer complies with the notification requirement.
(9) The director may assess a civil penalty under ORS 656.745(2) against an insurer that violates ORS chapter 656, OAR 436-009, OAR 436-010, or an order of the director.
(10) The director may impose a $100 penalty per occurrence under ORS 656.325 against a worker who fails to meet the requirements in OAR 436-010-0265(10), to be deducted from future benefits.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.245, 656.254 & 656.745
History:
WCD 12-2019, amend filed 12/18/2019, effective 01/01/2020
WCD 2-2019, amend filed 03/11/2019, effective 04/01/2019
WCD 1-2016, f. 3-7-16, cert. ef. 4-1-16
WCD 5-2015, f. 8-20-15, cert. ef. 10-1-15
WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
WCD 2-2005, f. 3-24-05, cert. ef. 4-1-05
WCD 3-2004, f. 3-5-04, cert. ef. 4-1-04
WCD 14-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-03
WCD 13-2001, f. 12-17-01, cert. ef. 1-1-02
WCD 3-2000, f. 4-3-00, cert. ef. 4-21-00
WCD 11-1998, f. 12-16-98, cert. ef. 1-1-1999
WCD 12-1996, f. 5-6-96, cert. ef. 6-1-96, Renumbered from 436-010-0130
WCD 13-1994, f. 12-20-94, cert. ef. 2-1-95
WCD 11-1992, f. 6-11-92, cert. ef. 7-1-92
WCD 30-1990, f. 12-10-90, cert. ef. 12-26-90
WCD 12-1990(Temp), f. 6-20-90, cert. ef. 7-1-90
WCD 1-1990, f. 1-5-90, cert. ef. 2-1-90, Renumbered from 436-010-0110
WCD 1-1988, f. 1-20-88, cert. ef. 2-1-88
WCD 1-1984, f. & cert. ef. 1-16-84, Renumbered from 436-069-0901
WCD 5-1982, f. 2-23-82, cert. ef. 3-1-82