Alabama

none

Alaska (withdrawn own)*

Considering

SB130 2005

“make recommendations for medical procedure guidelines to the task force”

Alberta

Own (15)

X

The Workers' Compensation Board (WCB) - Alberta, 9912 - 107 Street, Edmonton, AB T5J 2S5 

Arizona

Considering

HB2405 2007

Required the Industrial Commission to adopt evidence-based treatment guidelines by 2009

Arkansas

Own (1)

X

Arkansas Workers' Compensation Commission, 324 Spring Street, Little Rock, AR 72203

British Columbia

ODG

X

Workers' Compensation Board of British Columbia, Vancouver, BC V6B 5L5, adopted ODG in 2004

California (withdrawn own)*

ACOEM + ODG

X 

SB228 2003

ACOEM 2nd ed mandatory “interim” guidelines and new rules allow others (like ODG) as a supplement. DWC Embraces New ODG Chronic Pain Guideline (08/07) DWC Chooses ODG for Post-surgical Guidelines (11/07).

Insurers have realized a 70% reduction in costs since 2003. – Insurance Commissioner Poizner 1/1/08

Colorado

Own (10) + ODG (state fund)

X

X

CO Division of Workers’ Compensation, 1515 Arapahoe, Denver CO 80202; State fund uses ODG since 2003: Pinnacol Assurance, 7501 E. Lowry Blvd., Denver, CO 80220

Connecticut

Own (4) + ODG (state fund)

X

X

CT Workers' Compensation Commission, Capitol Place, 21 Oak Street, Hartford, CT 06106; State fund adopted ODG in 2003: CT Healthcare Workers Compensation Trust, 866 North Main St., Wallingford, CT 06492

Delaware

Considering

SB362 2006; SB1 2007

Calls for creation of a 17-member Health Care Advisory Council that would develop treatment protocols

Florida  (withdrawn(withdrawn own)*

AHRQ (ODG + others)

X

SB50A  2003

According to a 2007 newsletter from Florida's largest WC insurer, "Florida has mandated the use of evidence-based medicine in managed care arrangements. Summit quickly began using ODG because it provides the widely accepted, evidence-based criteria that Florida statutes require."

Loss costs have dropped 50.4% since the Florida Legislature passed SB 50A (NCCI, 09/18/07) Since Florida's sweeping reforms in 2003 overall reductions in rates will reach 58.3%. (NCCI, 09/08/08)

Georgia

Considering

Legislature proposed WC study for 2007

Hawaii

ODG

X

Originally ODG and ACOEM were adopted by rules, but rescinded by legislature.  Now major insurers have adopted ODG (2005) and agreement to use ODG was signed by Governor (9/1/06).

Hawaii Cuts Loss Costs 38% (Insurance Comm J.P. Schmidt 09/18/07) HI WC Rates Down 61% Over Four Years. (Hawaii Reporter, 9/17/08)

Idaho

none

Illinois

Considering

HB2137 2005

“requires utilization review, consistent with URAC.”

Indiana

none

Iowa

none

Kansas

ODG

X

Guidelines 01/01/08

Kansas Adopts ODG - December 2007; Kansas Department of Labor Div of WC, 800 SW Jackson, Topeka, KS 66612 http://www.dol.ks.gov/WC/HTML/wc_odg.asp

Kansas indicates they are seeing positive responses to the use of ODG to help provide the best care for injured workers.

Kentucky

Considering ODG

X

ODG recommended as Kentucky medical guideline by Committee. Public hearing was 9/6/07. Plan is to hire new medical director before official adoption.

Louisiana

Considering ODG

Louisianans For Workers' Compensation Reform created to draft legislation to adopt ODG.

Maine

Own (1)

X

ME Workers' Compensation Board, 27 State House Station, Augusta, ME 04333

Manitoba

ODG

X

Workers Comp. Board Of Manitoba, 333 Broadway, Winnipeg, MB R3C 4W3, adopted ODG in 2004

Maryland

Considering

HB1423 2005

HB1423 was proposed in 2005 to implement guidelines

Massachusetts

Own (28) / ODG

X

MA Workers' Compensation Advisory Council, 600 Washington Street, Boston, MA 02111; 2/16/10 ODG approved for use by MA utilization review agents

Michigan

Considering

In 2002 Accident Fund required use of ODG by nurse case management/vocational rehab vendors. Public hearing/presentation on treatment guidelines  9/11/07, covering ODG and ACOEM.

Minnesota

Own (9)

X

Minnesota Workers’ Compensation Insurers Association, asked ODG to present to stakeholder groups

Mississippi

none

Missouri

ODG (state fund)

X

State fund adopted ODG (2005): Missouri Employers Mutual Insurance, 1000 West Nifong, Columbia, MO 65203

Montana (withdrawn own)*  

ODG (state fund)

X

SB 108 2007

“The department may establish by rule evidence-based utilization and treatment guidelines ... An insurer is not responsible for treatment or services that do not fall within”

Nebraska

Considering

LB1237 2006

Creates a 10-member advisory council to study issues such as utilization review and treatment guidelines.

Nevada

ACOEM + ODG

X

Adopted ACOEM 1st ed in 1998, but not 2nd ed; state fund uses ODG (2005)

New Brunswick

ODG  

X

Workplace Health, Safety and Compensation Commission, 1 Portland Street, Saint John, NB E2L 3X9

New Hampshire

none

New Jersey

none

New Mexico

none

New York

Own (4)

X

A6163 2007

Gov. Eliot Spitzer Guidelines Task Force released new state guidelines on 12/1/07, based on modifications to a variety of other guidelines

Governor Spitzer announced a rate decline of 20.5%, from the WC reform, including requiring evidence-based treatment guidelines. 07/11/07

Newfoundland

none

North Carolina

Considering 

Public meeting/presentation on treatment guidelines 10/11/07

North Dakota

ODG

X

Workforce Safety & Insurance, PO Box 5585, Bismarck, ND 58506, adopted ODG in 2005.

ND WC premiums, the lowest in the nation, dropped another 40% “This is one of the largest cash infusions into the economy that ND has seen.” - House Majority Leader Rick Berg 06/30/06

Ohio

ODG

X

Ohio Bureau of Workers' Compensation, 30 West Spring Street, Level 21 SE, Columbus, OH 43215, adopted ODG in 2003.

Use of ODG cut medical costs by 64% & lost days by 69%, treatment delay reduced 77%,  & ODG drew considerable praise from doctors. - CompManagement 05/01/06 Deloitte Consulting study of Ohio WC 04/2009 rec. to further strengthen adoption of ODG: "Should require all MCOs to use ODG in UR”; "ODG is the emerging standard for UR"; “Rec. Ohio adopt ODG for RTW.” www.ohiobwc.com/deloitte

Oklahoma (withdrawn own)*

Considering

SB1X 2005

"After public hearing, adopt treatment guidelines and protocols for treatment of injuries…  Compliance with treatment guidelines shall be mandatory."

Ontario

ODG

X 

Workplace Safety and Insurance Board (WSIB), 200 Front Street West, Toronto, ON M5V 3J1, adopted ODG in 2003.

Oregon

Own (1) & ODG

X

X

SB670 2005 

MCO Rules were published on 05/22/06 “requiring approval of national treatment standards used by MCOs." ODG approved 2007

Pennsylvania

none

Rhode Island

Own (37)

X

RI Dept Labor & Training Div of Workers' Comp, 1511 Pontiac Avenue, Cranston, RI 02920

South Carolina

Considering

Senator Larry Martin is proposing legislation.

South Dakota

Considering

Tennessee

ODG/ACOEM

X

Requested presentations by ACOEM & ODG. At Public hearing on 7/31/07 proposed adoption of ODG and ACOEM, effective 12/20/07

Texas (withdrawn (withdrawn own)*

ODG

X

HB7 2006

“Commissioner of WC is required to adopt treatment and return to work guidelines.”  On 12/29/06 the final rules adopting ODG were signed by Commissioner Betts to apply to all WC treatment after 5/1/07

NCCI Says Texas Benefits from Reforms, where the expected loss rate decreased by 25%. 01/15/08 Texas Outcomes Data from DWC (preliminary - 12/2008): disputes declined by 44%; spinal fusions declined by 71% (for annualized savings of $211 million); average medical cost/claim declined by 26%.

Utah

ODG/ACOEM

X 

HB150 2006

“The commission shall establish by rules medical treatment and quality care guidelines.”  Utah rules (3/15/07) for Commission approval of guidelines used by insurers, including (1) “scientifically based” supported by medical studies; (2) "peer reviewed” medical studies have been reviewed; & (3) updated at least bi-annually, sources must be identified, reasonably priced, & easily accessible

Vermont

ODG

X

Lisa Stratton W C Section Chief, State Of Vermont, 128 State St., Drawer 33, Montpelier, VT 05633, adopted ODG in 2004

Virginia

none

Washington

Own (16)

X

Washington State Dept. of Labor and Industries, PO Box 44850, Olympia, WA 98504

West Virginia

Own (12) + ODG (state fund)

X

X

SB1004 2005 

BrickStreet Mutual Insurance Co. (WV WC), 4700 MacCorkle Ave., Charleston, WV 25304, currently uses ODG, and is establishing a network requiring ODG 

Insurance Commissioner Jane Cline approves rate reduction of 27.5%.  01/22/08

Wisconsin

Same as Minnesota

X

SB474 2006

Requires DWD to promulgate rules establishing standards for determining the necessity of treatment. They have proposed adapting the Minnesota guidelines to the needs of Wisconsin. 

Wyoming

Own (2)

X

WY Workers’ Safety and Compensation Division, 1510 E. Pershing Blvd., Cheyenne, WY 82002

Yukon

ODG

X

Yukon Workers' Comp. Board, 401 Strickland St., Whitehorse, YT Y1A 5N8, adopted ODG in 2004

Note: numbers in parentheses after Own are the number of individual own state guidelines.

These 35 states/provinces have adopted guidelines, 23 of which have selected ODG. Of the remaining, Work Loss Data Institute provides links to their state specific adoptions.

*(withdrawn) means these states had their own treatment guidelines but withdrew them, in most cases to adopt nationally recognized guidelines.