• Legislative Changes to Indiana Worker’s Compensation Act

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    (Various effective dates)

    IC 22-3-3-4.5

     (c) The maximum reimbursement for a repackaged legend drug dispensed by other than a retail or mail order pharmacy is the average wholesale price set  by the original manufacturer. (7-1-13)

    (d) If the National Drug Code for the repackaged legend drug cannot be determined from the medical service provider’s billing, then the maximum reimbursement is the lowest cost generic for that legend drug. (7-1-13)


    (a) An employer’s pecuniary liability for medical service(s) or product(s) is

    unchanged until July 1, 2014.  After June 30, 2014, an employer’s pecuniary liability to a medical service provider that is not a medical service facility is unchanged, but an employer’s pecuniary liability to a medical service facility is changed. (7-1-14)


    (b) An employer’s pecuniary liability to a medical service facility for service(s) or product(s) is equal to a reasonable amount established by one of the following:

    (1) negotiation between the medical service facility and the employer, the employers insurance carrier, a billing review service on behalf of the employer or the employer’s insurance carrier or a direct provider network that has contracted with the employer or the employer’s insurance carrier. (7-1-14)

    (2) 200% of the amount payable under Medicare, on the same date for the same service or product, under the medical service facilities Medicare reimbursement rate, if an amount has not been negotiated. (7-1-14)

    (c) The reimbursement to a medical service provider for an implant may not exceed the invoice amount plus 25%.  (7-1-13)



    he compensation per degree for permanent partial impairment is increased as follows:

    Degree                  (7-1-14)         (7-1-15)         (7-1-16)

    1 – 10         =         $1,517         $1,633         $1,750

    11-35          =         $1,717         $1,835         $1,952

    36-50         =         $2,862         $3,024         $3,186

    51-100       =         $3,687         $3,873         $4,060


    The maximum average weekly wage is increased as follows:

    (7-1-14)         (7-1-15)         (7-1-16)

    Maximum (per week) for AWW         $1,040         $1,105         $1,170

    (Note:  The above stated maximums for the average weekly wage  result in  maximum temporary total disability rates per week  and  maximums for all compensation, exclusive of medical benefits, as follows:

    (7-1-14)         (7-1-15)         (7-1-16)

    Maximum (per week) for TTD                  $694                  $736                  $780

    Maximum (for all) Compensation         $347,000         $368,000         $390,000)


    The filing fee for the Board’s notice of worker’s compensation insurance termination by expiration or cancellation will be $2 per notice. (7-1-13)


    The words “in the construction trades” have been removed so that now, any person who is an independent contractor under the guidelines of the United States Internal Revenue Service is an independent contractor (not an employee) for the purpose of the Indiana Worker’s Compensation Act. (7-1-13)


    Prepared by:

    Robert Fanning, Executive Director

    Indiana Self-Insurers Association, Inc.

    [email protected]



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