Important 2025 DWC Announcements: TTD Rate Increases and More…

*New* Temporary Total Disability Rates for 2025 

The Division of Workers’ Compensation (DWC) has announced that starting January 1, 2025, the minimum and maximum temporary total disability (TTD) rates will increase. The minimum TTD rate will rise from $242.86 to $252.03, while the maximum TTD rate will increase from $1,619.15 to $1,680.29 per week.

Labor Code Section 4453(a)(10) mandates that the weekly earnings used to calculate TTD be adjusted based on the percentage increase in the State Average Weekly Wage (SAWW) compared to the previous year. The SAWW is defined as the average weekly wage for employees covered by unemployment insurance, as reported by the U.S. Department of Labor for California during the 12 months ending March 31 of the year before the injury. In the 12 months ending March 31, 2024, the SAWW increased from $1,642 to $1,704, reflecting a rise of 3.77588%.

Here’s how the 2025 SAWW increase is calculated:

For the 2025 minimum TTD rate, the calculation is as follows:

For the 2025 maximum TTD rate, the calculation is:

Additionally, under Labor Code Section 4659(c), workers who have a date of injury on or after January 1, 2003, and who are receiving life pension (LP) or permanent total disability (PTD) benefits, are also entitled to have their weekly LP or PTD rates adjusted based on the SAWW.

Reference(s): California Department of Industrial Relations; U.S. Department of Labor1

*New* Mileage Rate for Medical and Medical-Legal Travel Expenses to Increase in 2025

The Division of Workers’ Compensation (DWC) has announced a 3-cent increase in the mileage reimbursement rate for medical and medical-legal travel expenses, raising the rate to 70.0 cents per mile, effective January 1, 2025.

This updated mileage rate applies to travel occurring on or after January 1, 2025, irrespective of the injury date. The rate is established under Labor Code Section 4600, alongside Government Code Section 19820, and aligns with the California Department of Human Resources regulations. Additionally, the rate is tied to the Internal Revenue Service (IRS) guidelines.

Reference(s): Internal Revenue Service; Medical Mileage Expense Form

Understanding the *New* HIPAA Reproductive Health Attestation for Medical Record Subpoenas

What You Need to Know: Under the HIPAA Privacy Rule, found in CFR 164.502(a)(5)(iii), medical records related to certain reproductive procedures are subject to additional safeguards. This rule applies to records from states where these procedures are permitted but may be considered unlawful in other states. When requesting these medical records through a subpoena, an attestation is required to ensure compliance.

Here are the key details regarding the HIPAA reproductive health attestation:

1. Who is Affected?

The HIPAA Privacy Rule applies to covered healthcare providers, health plans, healthcare clearinghouses, and their business associates. All entities must provide an attestation when responding to a subpoena for medical records. Pharmacies are also included.

2. Who Must Sign the Attestation?

The attestation form must be completed and signed by the “requester,” which could be the claims handler, attorney, or other authorized individual. It cannot be signed by a third-party record retrieval service.

3. Subpoena Requirements in California:

All medical facilities in California will require the completed attestation to be served alongside any subpoena for medical records.

4. States with Similar Requirements:

Covered facilities in 26 states, including California, must comply with this requirement for medical record subpoenas. Examples of states where this applies include New York, Illinois, Kansas, and Virginia.

5. National Medical Facilities:

Some national medical providers, such as Rite Aid, may require the attestation form for all subpoenas, not just those related to reproductive health.

6. Facility-Specific Forms:

Certain facilities may have their own versions of the attestation form, which must be used in place of the standard one.

7. Patient-Signed Authorizations:

The attestation form is not necessary when medical records are obtained through patient-signed authorizations, as these are exempt from this rule.

Reference(s): HHS.gov; OCR Attestation Form