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    Resilience – A Message from Montana State Fund President

    I am quite certain we will all remember 2020 as the year of a lifetime.  The uncertainty that surrounds us due to pandemic, environmental, social and economic challenges can bring fear and frustration into our lives.  Montanan’s are no stranger to adversity and uncertainty.  Our state’s history has been forged out of the raw, untamed, land and many of us enjoy the legacy of those who came before us to make something out of what appeared to be nothing.

    Since 1915 Montana State Fund has worked side-by-side with Montanan’s as our state’s economy has grown and evolved.  Taking care of people injured on the job and the families that depend on them is one of the most important responsibilities we have.  Over the last 30 years I have learned people that successfully faced adversity whether through injury or disease demonstrate a trait many take for granted – resiliency.  More now then ever we need to appreciate how difficult the times are, that it is scary.  Many of our customers have had to shut their businesses down (hopefully, temporarily) due to COVID-19, having to lay-off people that have depended upon those jobs – they are our friends and neighbors.  At the same time people have lost a sense of community purpose and have become divided from one another.

    But, through all of this we see signs of Montana’s resilience.  Businesses that mobilized to support remote work for their employees, redesigning jobs and keeping Montana working.  Leveraging resources to keep supply chains functioning and creatively finding new market opportunities.  Taking care of our neighbors who have been displaced and need a hand up.  We don’t know when things will return to “normal” but we’re not waiting around or becoming paralyzed from fear and uncertainty.  Our resiliency as a community and courage to do what it takes to rise above the circumstances is what provides optimism for better times.  The same better times our forebearers imagined as they turned this untamed landscape into our great state, bouncing back from setbacks and forging on, never losing sight of their dreams.

    Through it all, Montana State Fund’s employees haven’t missed a day from taking care of our customers and their employees.  We have taken steps to soften the economic blow to our customers and ensure injured workers continue to get the best possible medical care.  We have had to be resilient, creative and flexible just like you.   And, we trust we have provided our customers with a sense that we’re in this together as a community and that in good times or uncertain times, Montana State Fund will be there to help them.

    Stay safe.

    Sincerely,

    Laurence Hubbard
    President/CEO Montana State Fund

    Safety: Take the Lead – September safety workshops

    Sit comfortably at your desk as Montana State Fund safety services specialist Kirk Smith presents his virtual September safety workshop, Safety: Take the Lead via Zoom.

    Register Now

    How will the workshops be run?
    The virtual workshops will include two topics, with one topic presented in the morning and the second topic in the afternoon. Each session will be scheduled for two hours with a break.  This breakdown gives participants time to step away from their computer to avoid any ergonomic or eye strain issues.

    Topics Include
    OSHA’s Top Ten Citations (Part 3):  
    This session will round out our three-part series on OSHA’s Top Ten Citations for 2019.  In this segment we will cover Powered Industrial Trucks, Machine Guarding and Personal Protective Equipment (Eye Protection in Construction.)  The advantage to reviewing these citations is to learn from the mistakes of other organizations to ensure your businesses successfully follow OSHA standards.

     All-In Leadership:   Whether or not you know it, you are a safety leader. However, our actions as leaders can positively or negatively affect our organization (e.g. productivity, quality of our products, morale, employee engagement, safety, etc.). In this session, we will delve into the concept known as “All-In Leadership” made popular by author Cort Dial in his book, Heretics to Heroes – A Memoir on Modern Leadership.” Dial’s insight and leadership approaches will help you improve positive leadership skills that reinforce your commitment to build a safety of culture across the state.

     Workshop Dates and Times

    Thursday – September 17, 2020
    9:30 am – 11:30 am    OSHA Top Ten Citations (Part 3) Powered Industrial Trucks, Machine Guarding and Personal Protective Equipment (Eye Protection in Construction.)
    2:00 pm – 4:00 pm    All-In Leadership

    Wednesday – September 23, 2020
    9:30 am – 11:30 am    All-In Leadership
    2:00 pm – 4:00 pm     OSHA Top Ten Citations (Part 3) Powered Industrial Trucks, Machine Guarding and Personal Protective Equipment (Eye Protection in Construction.)

    Tuesday – September 29, 2020
    9:30 am – 11:30 am    OSHA Top Ten Citations (Part 3) Powered Industrial Trucks, Machine Guarding and Personal Protective Equipment (Eye Protection in Construction.)
    2:00 pm – 4:00 pm    All-In Leadership

    Interested?   Register Now.   All workshops are open to any Montana worker, but participants must register to receive a secure Zoom confirmation.  If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).


    Save the Date – December Virtual Safety Workshops (Registration will be open in November)

     Tuesday – December 8, 2020
    9:30 am – 11:30 am   Hearing Conservation Program
    2:00 pm – 4:00 pm    Safety Training

    Thursday – December 10, 2020
    9:30 am – 11:30 am    Safety Training
    2:00 pm – 4:00 pm     Hearing Conservation Program

    Wednesday – December 16, 2020
    9:30 am – 11:30 am    Hearing Conservation Program
    2:00 pm – 4:00 pm    Safety Training

    Helping protect the ones who protect

    It became evident in late March that many of Montana’s front line employers were unable to access Personal Protection Equipment (PPE) for their workers. Knowing that, and with our commitment to build a safer Montana, we created the COVID-19  PPE grant program.

    The grants were available to policyholders with the most vulnerable workers including firefighters, EMTs, police, physician, dental and physical therapy offices, nursing homes, grocery and drug stores, social services organizations, and group homes.

    “It’s in our mission and vision to partner with Montana businesses and their workers to create a safe environment for them,” said MSF President and CEO, Laurence Hubbard. “This has never been more important than during this pandemic.”

    Qualifying policyholders completed an application with the stated number of PPE requested and the necessity of the items. There was no cost for the PPE.

    The response was overwhelming. MSF successfully filled the majority of the requests.  In the end, our employees packed and shipped 506 boxes of PPE to 453 frontline policyholders and their employees. This included 30,000 KN95 masks, 156,000 tri-fold masks, and 100 thermometers.

    Our continuing commitment

    Our vision at Montana State Fund is to be an indispensable partner in achieving a safer, healthier, and more prosperous Montana. And in these uncertain times, achieving this vision requires flexibility and innovation to protect the health and well-being of our policyholders, injured employees, and our own staff.

    Policyholder Peace of Mind
    We understood the financial stress many of you were under as your businesses shuttered in March. At that time, we stood ready to partner with you by deferring premium payments from Wednesday, March 18, 2020 through June 30, 2020. In that timeframe, no policies were cancelled for failure to pay their premium or report their payroll. Even as the state started to reopen, COVID-19 continued to have significant impact on many of your businesses.  In response, we extended the premium payment deferral through September 30, 2020.

    In addition:

    • We will work with each of you that continue to be affected by business closures or interruption beyond this time.
    • Policyholders who continue to pay wages to employees while not working (gratuitous wages) will not be charged workers’ compensation premium on those wages.
    • If a policyholder has a change from what the payroll was originally estimated, MSF can help you complete a revised estimate. This is a standing, common practice and simply requires the policyholder to contact MSF.

    Injured Employee Care
    Through all the uncertainty over the last few months, our claims team has continued to ensure injured employees receive their benefit payments and the medical care they need. This has included new services including virtual doctor visits. In addition, as medical offices reopen, we have helped injured employees get their treatment rescheduled as quickly as possible.

    Business as (Un)Usual
    Montana State Fund is committed to protecting the health of customers, our fellow Montanans, and our own staff. Therefore, due to COVID-19, we have temporarily suspended all business travel and closed our offices to the public. We know many employees across the state are now working remotely, and Montana State Fund is no different. Our employees have made an incredibly successful transition to this new way of providing the same excellent customer service you have come to expect.  This includes offering virtual safety services at no charge to our policyholders.  Ergonomics coaching, business continuation assistance, and safety risk assessments are just a few examples of the services available to you

    We Are a Sure Thing
    While very little is sure these days, one thing you can count on is our commitment to our customers. We realize you may have questions and the need to talk to someone. Please reach out to us at 800-332-6102 to discuss how we can help.

    Redesigned montanastatefund.com

    Intuitive and ease of navigation is how we describe our redesigned montanastatefund.com website. The new site launched Saturday, May 16, 2020.

    Biggest Change
    For customers who access online services such as loss runs, first report of injury or payroll reporting, go to the Manage Policy tab on the top right-hand corner of the homepage.

    Other Features

    • More visuals to help with quicker navigation.
    • Top bar menu on homepage with links to commonly used services.
    • Targeted user pages with sub navigation menus specifically tailored to the user group.
    • Medical Page has divided provider and office staff tabs for easy information access.
    • Robust search engine.
    • Mobile friendly.
    • Our site is designed to work well on any mobile device,  tablet, etc.

    If you have any questions about the website, please contact one of our customer service specialists at 800-332-6102.

    Stronger Communities. Safer Montanans

    Dream Adaptive Recreation ski and snowboard instructors in Whitefish, MT are now certified and trained to teach lessons to individuals with disabilities. Roundup, MT Memorial Healthcare facility has a functioning security system.  And, an ADA compliant ramp has been installed at the Women’s Resource Center in Dillon, MT.

    These are just three of the 15 projects Montana State Fund supported in 2019 through our Assisting Charitable Endeavors (ACE) program.

    WHAT IS ACE?
    ACE is Montana State Fund’s charitable giving program that has been in effect for 19 years. It was created as a vehicle to financially help Montana based nonprofits to promote workplace safety, supply safety trainings or purchase equipment that enhances safety and well-being. Since its’ start, 260 organizations have received help from the program. The average grant is $1,797, with a grand total of $467,191 dispensed.  The ACE grants require a dollar-for-dollar match.

    ACE Criteria

    • Grantee promotes workplace safety
    • Safety Trainings
    • Assistance with the purchase of equipment that enhances safety and community well-being
    • The program will result in a widespread benefit for a Montana community or the state as a whole
    • The program benefits a representative cross section of small and large communities across Montana
    • The program will have the potential to result in positive public communication about MSF and the ACE program
    • The minimum grant will be $250
    • The maximum grant on applications received will be $2,000

    Interested?
    To learn more about the program, review past grantees,  or to apply,  go to our website montanastatefund.com, click on the About MSF tab then click on ACE Grants. If you have questions about the program contact Ethan Heverly or call 495-5426.

    Save the Date: Montana State Fund Medical Conference

    “Harnessing the Future of Workers’ Compensation” is the theme for this year’s annual medical conference. The two-day event is slated for May 7-8, 2020 at Helena’s Delta Hotel.

     Topics for the event include:

    • Medical Technology in Workers’ Compensation
    • Medical Marijuana
    • Determining Medical Causation
    • Living Beyond a Spinal-Cord Injury
    • Medical and Legal Updates

    This conference is valuable for Physicians, Physicians Assistants, Nurses, Physical Therapists,  Medical Case Managers, Vocational Rehabilitation Consultants, and Claims Examiners.

    For questions or more information contact Shannon Hadley or call 495-5245.

    Making the Grade: MSF Awards Academic Scholarships

    Montana’s aging workforce faces a wave of retirements, especially in the construction and trades industries. In addition, this field has a higher percentage of workplace injuries than average. To improve the safety record, and encourage the next generation to enter these fields, MSF recently awarded $4,000 scholarships to 15 college students majoring in the occupational health and safety or construction trades professions.

    These scholarships are part of MSF’s Growing a Safer Montana (GSM) initiative. The program aims to educate young workers about the importance of workplace safety before they enter the workforce.

    MSF President Laurence Hubbard (center) with scholarship recipients

    MSF began offering these competitive academic scholarships in 2018. In that time the number of scholarships and the amounts has risen. This year $4,000 scholarships were awarded to 15 students. Last year 11 students received $3,000 scholarships. And in the first year, 10 students were awarded $1,500 each.  In all, MSF has awarded 36 students a total of $108,000 in scholarship monies.

    The application process includes taking an educational quiz, writing an essay on the importance of safety specific to the applicants desired industry and how they plan to champion safety in the future. The application also requires two letters of recommendation. Finally, the student must have a minimum cumulative GPA of 3.0.

    The 2020 recipients include:

    Flathead Valley Community College
    Jon Carlson – Electrical Technology
    Gregory McCleerey – Welding Technology
    Brian Hollingsworth – Industrial Machine Technology
    Vanessa Janckila- Welding Technology
    Hayden Wood – Welding Technology

    Missoula College
    David Anderson –  Carpentry

    University of MT (Bitterroot)
    Annika Gordon – – Sustainable Construction Technology

    University of Montana
    Troy Bawden – Construction Technology
    Casey Paulson – Sustainable Construction Technology

    Highlands College
    David Ingalls – -Construction Technology/Carpentry

    Montana Tech
    Cara O’Donnell – BS) Occupational Safety and Health
    Kelsey Schmidt – MS) Industrial Hygiene
    Abigail Passage – (BS) Occupational Safety and Health
    Blake Nichols – (BS) Occupational Safety and Health
    Jacques Boulet – (BS) Occupational Safety and Health

    To find out more about Growing a Safer Montana, visit our website

    Engage in Safety: Free Safety Workshops

    Please join Montana State Fund this March for our free half-day safety workshop Engage in Safety.

    CLICK TO REGISTER NOW

    Topics include:
    OSHA’s Top Ten Citations (Part 1): There are top 10 lists for everything, and OSHA is no exception. Unfortunately, OSHA’s top 10 list can affect the safety of your employees. While most of us want to comply with OSHA standards, the effort to meet the requirements is often a struggle.  In this session we will identify the top OSHA citations and how you can ensure your business is compliant. We will break down the 10 citations into three parts.  In this session, Part 1, we will discuss Fall Protection and Training Requirements in Construction (this is a combination of two topics), the Hazard Communication Program (relating to chemicals in the workplace) and Scaffolding. At our June workshop, Part 2, will cover Lockout/Tagout, Respiratory Protection and Ladders.  Part 3 in September, we will examine Powered Industrial Trucks (Forklifts), Machine Guarding and Personal Protective Equipment).

    Safety Engagement:   Every organization should strive for an engaged workforce, but how does that engagement translate to your safety efforts?  In this session we will cover where the term “Employee Engagement” comes from, how it is measured, and the key safety areas you can implement to help improve the engagement within your workforce.

    Dates and Locations
    March 3:  Butte – La Quinta Inn
    March 5:  Helena – Holiday Inn Express
    March 6:  Great Falls – Holiday Inn
    March 11:  Glasgow – Cottonwood Inn
    March 12:  Miles City – Sleep Inn & Suites
    March 13:  Billings – Hampton Inn (3550 Ember Lane, off I-90 West, Zoo Drive Exit)
    March 17:  Bozeman – Best Western GranTree Inn
    March 19:  Kalispell – Hampton Inn
    March 20:  Missoula – Best Western Grant Creek Inn

    Interested? Register Now. The free trainings take place from 8:30 am – Noon. If you have questions contact Kirk Smith or call 495- 5361.

    Championing A Safety Culture

    Since 2009, 307 Montana businesses have invested in safety with 637 of their employees through Montana State Fund’s WorkSafe Champions program.

    WorkSafe Champions is a free intensive safety curriculum created to reduce workplace accidents by helping participants develop a positive safety culture within their organization.

    There are two options for enrollment.

    Central Classes – These classes are open to MSF policyholders and non-policyholders. Employers can send one or more employees to one of our central classes offered in Billings, Bozeman, Butte, Glasgow, Great Falls, Helena, Kalispell, Miles City or Missoula. These classes, which begin in March 2020, offer a total of five classes (20 hours of instruction) over the course of 13 months.

    On-Site – This choice is only open to MSF policyholders.  One of our qualified Safety Management Consultants will lead eight modules (20 -24 hours of instruction) at a policyholder’s location.  The employer sets the pace and the schedule. MSF requires at least three dedicated participants (more are welcomed and encouraged) committed to the entirety of the program, one of which must be able to influence safety within your organization. Class enrollment is open year-round.

    MSF VP of Human Resources Rick Duane (right) presents Flathead Lake Lodge with WorkSafe Champion plaque

    The key elements of the program include:

    • Learn steps to reduce the number and severity of workplace injuries.
    • Increase efficiency and quality, which promotes business growth.
    • Individual attention and support from Montana State Fund’s safety experts.
    • Access to tools and resources that give you the power to affect and sustain workplace safety.
    • Learn to minimize costs when workplace injuries do occur.

    By the end of the program participants are committed to develop an action plan specifically tailored to their organization and act on at least one identified issue.

    If you are interested in the central classes, contact Kirk Smith at 406-495-5361. Contact  Keri Maes at 406-495-5265  or Stormy Tuffield at 406-495-5325 for the on-site classes.  Click for more information about the WorkSafe Champion program.

    Signs of Safety: MSF Media Campaign

    Montana State Fund kicked off its new statewide media campaign, “Signs of Safety” in late September. The goal of the campaign is to salute several different Montana businesses for their commitment to safety. A retro sign is used in the ads to highlight that safety works and Montana State Fund is there to provide safety support along the way.

    The media components of the campaign included statewide television and cable networks, traditional and public radio, rural newspapers, trade publications plus social media using Facebook, Instagram, and targeted website banner ads. The call to action at the end of the ads direct the audience to a campaign specific page on our safety focused website safemt.com.

    This campaign will be carried into 2020. Below is the “Signs of Safety” television ad.

    Growing Safety Awareness

    Montana State Fund’s (MSF) safety team was busy this fall traveling throughout the state handing out safety equipment to high school students.  Through MSF’s high school personal protective equipment (PPE) grants program, 25 construction trades and industry classrooms received the items.

    The selected classrooms were awarded up to $750 for the purchase of the PPE which could include safety eye protection, fall protection gear, gloves, and ear protection, suitable for the area of study. Instructors were further supported with safety materials and talking points to use in their classrooms.

    Beaverhead  County High School students show off their safety gear

    These grants are part of Montana State Fund’s Growing a Safer Montana initiative. The grants are a way for MSF to help improve Montana’s workplace safety culture. One way is to teach and reinforce positive safety in the classroom, before these young people enter Montana’s workforce. Since the program’s inception in 2017, $30,000 worth of safety gear has benefited more than 4,600 students.

    According to the National Young Worker Safety Resource Center individuals younger than 25 years old are two times more likely to be in an accident at work.

    “That is why it is important for them to learn at an early age how to be as safe as possible while at work, said Sophie Magnuson Montana State Fund Safety Management Consultant. “The goal is to reinforce safety habits for the next generation of Montana’s workforce.”

    Helena High School’s welding class receives grant

    Below is a list of the high schools, classrooms and teachers who received the safety equipment

    Anaconda High School Construction-Automotive
    Teacher: Brian Riley

    Anaconda High School Welding/Machining
    Teacher: Ryan Pesanti

    Arlee High School Woods & Welding
    Teacher: Michael Craig

    Beaverhead County High School (Dillon) Agriculture Education
    Teacher: Caleb Igo

    Belgrade High School Welding
    Teacher: Eric Kinnaman

    Belgrade High School Woodworking
    Teacher: Randy Radke

    Bozeman High School Welding Fabrication
    Teacher: Rick Hedlund

    Bozeman High School Woodworking
    Teacher: Daniel Brown

    Butte High School Welding
    Teacher: Denise Bordeleau

    Dawson County (Glendive) Welding Ag
    Teacher: Leanne Hoagland

    Drummond High School Carpentry & Welding
    Teacher: Alex Bolotsky

    Havre High School Automotive Tech
    Teacher: Tyler Kropf

    Havre High School Welding, Basic Metals
    Teacher: Christopher Comp

    Helena Capital High School Industrial Technology
    Teacher: Tom Kain

    Helena High School Welding
    Teacher: Cindy Galbavy

    Jefferson High School (Boulder) Welding
    Teacher: David Heimann

    Jefferson High School (Boulder) Woods
    Teacher: Mike Robbins

    Missoula Hellgate Building Trades, Math for the Trades
    Teacher: Charles Rinehart

    Missoula Hellgate High School Welding
    Teacher: Alan Pfister

    Missoula Sentinel High School Carpentry & Welding
    Teacher:Dave Burtch

    Park County High School (Livingston) Industrial Technology
    Teacher: Jamie Isaly

    Powell County (Deer Lodge) Cabinet & Carpentry
    Teacher: Clint Stevenson

    St. Regis High School Carpentry & Welding
    Teacher: George Cheesman

    Superior High School Construction/Drafting/Welding/Woods
    Teacher Jeff Schultz

    Whitehall High School Welding & Carpentry
    Teacher: Casey Harris

    The other part of the Growing a Safer initiative is academic scholarships for higher education students in the trades, such as welding, automotive and construction and those studying industrial hygiene or occupational safety and health. These scholarships will be distributed in January 2020. 

    For more information about the Growing a Safer Montana program contact Sophie Magnuson (406) 495-5397 or  Mark Rosenleaf (406) 495- 5334.

    December Safety Workshops

    Please join Montana State Fund for our free half-day safety workshop A Complete Safety Package.

    Topics include:
    OSHA Corner – OSHA Recordkeeping & Reporting:  As you wrap up 2019, this is the perfect opportunity to review your OSHA recordkeeping and reporting information for the year.  In this discussion we will cover the correct, most efficient procedures and how to apply them to your organization.

    Claims Management Tools:   Studies show that a business that actively manages their workers’ compensation claims may lower claim and premium costs.   During this section we will cover several claims management tools, including Stay-at-Work/Return-to-Work programs and how it can work for you and your employees.

    Raising the Level of Your Safety Culture:  Most organizations want to improve their safety culture with a step by step process. But unfortunately, there is no one size fits all solution.  In this session, we will discuss a variety of different approaches your organization can take to raise your safety culture to new heights.

    Dates and Locations
    December 3:  Helena – Holiday Inn Express
    December 5:  Butte – La Quinta Inn
    December 6:  Great Falls – Holiday Inn
    December 11:  Glasgow – Cottonwood Inn
    December 12:  Miles City – Sleep Inn & Suites
    December 13:  Billings – Hampton Inn Billings West I90
    December 17:  Bozeman – Best Western GranTree Inn
    December 19:  Kalispell – Hampton Inn
    December 20:  Missoula – Best Western Grant Creek Inn

    Interested? Click to Register. The free trainings take place from 8:30 am – Noon. If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).

    Montana State Fund Awards $25,000 To Kid’s Chance

    Madison Haagenson recalls the day in October of 2016 when her father’s back was crushed by a 400 lb. truck grill guard at the Billings warehouse where he worked. After major surgery and an exceedingly difficult year and a half, doctors finally declared her dad permanently disabled. What that meant for Haagenson was that money was tight for her family, and the prospect for college tuition from her parents was slim.

    However, that all changed when she received a Kid’s Chance scholarship. Kids’ Chance is a non-profit that provides higher education scholarships to the children of workers who have been injured or killed on the job. Montana is one of 47 states or districts affiliated with this organization.

    Recently, Montana State Fund presented a $25,000 check to Kids’ Chance of Montana.  This donation assists students like Haagenson, who is a sophomore at Montana State University pursuing a civil engineer degree.

    (l to r) Kid’s Chance Chair, Peter Van Nice, Kid’s Chance Board Member, Leah Tietz, Madison Haagenson Montana State Fund President Laurence Hubbard and Montana State Fund Director of Government and Community Relations Ethan Heverly

     “Historically, Montana has been among the highest in the nation in workplace accidents and fatalities,” said Laurence Hubbard, MSF President and CEO. “That is certainly not a category we want to lead, and we are committed to improving the workplace safety culture by driving awareness. At the same time, it is equally important to continue to help injured workers and their families through programs like Kids’ Chance and Montana State Fund’s independent scholarship program.

    Peter Van Nice, Chairman of the Kids’ Chance Board of Directors said, “We are grateful to Montana State Fund and to all of our generous donors for their commitment to this important cause. Thanks to contributions like this, Kids’ Chance of Montana will have a lasting and meaningful impact on the lives of many students.”

    Since the start of Kids’ Chance of Montana in 2017, 11 scholarships have been awarded to the children of injured workers—six in 2018, and five in 2019.

    It Pays To Be Safe: Dividends Declared

    The Montana State Fund (MSF) Board of Directors recently declared a $30 million dividend that was paid to our safest policyholders.  Historically, Montana is near the top in the nation in workplace accidents and fatalities. Paying dividends to the safest policyholders helps reinforce the need to run a safe workplace.

    “Without buy-in from employers and workers to improve Montana’s safety culture, we would not be able to declare dividends such as this,” said Laurence Hubbard, President and CEO of MSF. “The best accident or injury is the one that never happens, and I believe Montana’s workforce is beginning to understand and value that. We still have room for improvement, but Montana is headed in a positive direction and our team is proud to be a part of it.”

    Nearly 23,000 policyholders received a dividend for their safe work practices

    The 2019 dividend follows back-to-back $40 million dividend declarations in 2017 and 2018, and brings the total paid to policyholders since 1999 to $286 million.

    Dividends are not guaranteed and are primarily the result of two variables—better than expected investment returns, and fewer than expected losses (accidents).

    IME News – Catherine Heffernan vs. Safety National Casualty Corp.

    Summary: Claimant appeals an Amended Order Directing Medical Examination, in which the DLI ordered her to attend a panel IME. Claimant argues that the DLI erred because: (1) it declined her request to allow her to make an audio recording of the history portion of her examination; (2) it did not require the IME provider to send a copy of its report directly to her, despite the provider’s policy not to do so being in violation of § 39- 71-605(2), MCA; and (3) it directed her to attend a panel IME, which she contends is three IMEs, without good cause for “multiple” IMEs.

    Held: The Amended Order Directing Medical Examination is affirmed in part and modified in part. The DLI correctly determined that claimant did not have good cause to make an audio recording of the history portion of her examination. The DLI also correctly determined that good cause exists for a panel IME, which is not “multiple” IMEs. However, Claimant is correct that she has a statutory right to a copy of the IME report directly from the IME provider. Thus, the DLI’s order is modified to require the IME provider to provide its report directly to Claimant at the same time it provides it to the Insurer. The Insurer is ordered to file a written declaration from the IME provider that the provider will provide its report directly to Claimant.

    Read More
    HeffernanvsSafetyNationalCasualty

    Medical Management Responsibilities of the Treating Physician/PCP Role

    The designated treating physician is responsible for the coordination and management of all medical care for the injured employee.  Once the provider is designated  the Primary Care Provider (PCP), she/he will be paid 110% of fee schedule and all other non-facility providers will be paid at 90% of fee schedule.  The increased reimbursement rate is to compensate the PCP for the additional responsibilities associated with this role.

    ARM 24.29.1513 Documentation Requirements http://www.mtrules.org/gateway/ruleno.asp?RN=24.29.1513

    ARM 24.29.1515 Improvement Status http://www.mtrules.org/gateway/RuleNo.asp?RN=24291515

    Evaluation and Management – Time

    When using time to support a level of service under Evaluation and Management, total time spent face to face with the patient must be documented along with documentation of what was included in the counseling and/or coordination of care.  Simply stating “45 minutes spent with more than 50% being counseling and coordinating care” is not sufficient to support a level 5 established patient visit if the documentation submitted does not otherwise support the service.  Per CPT “the extent of counseling and/or coordination of care must be documented in the medical record”. Physical/Occupational Therapies Rule of 8 and timed modalities – when more than 1 timed modality or therapeutic procedure is utilized during the same encounter, the total minutes spent is combined to determine the # of timed units that may be billed.  For example:  97110 – 8 minutes + 97140 – 9 minutes.  Total time is 17 minutes.  Using the table below, only 1 unit of service is billable:
    8 – 22 minutes 1 unit
    23 – 37 minutes 2 units
    38 – 52 minutes 3 units
    53 – 67 minutes 4 units
    Time spent on untimed codes such as 97010 or 97014 would not be included in the total calculation as they are not designated as timed modalities although they would count toward the 8 units allowed per visit. Remember:  A total of 8 units of active/passive therapeutic procedures per visit with these exceptions:
    • If active/passive therapeutic procedures are utilized:
      • only 2 units may be a passive modality per visit.
    • If only passive modalities and/or passive therapeutic procedures are being utilized, only 4 units may be billed per visit.
     

    Rising Medical Solutions/ECHO/Crefuns

    It has been nine months since Rising Medical Solutions (RMS) started reviewing and processing bills for Montana State Fund (MSF).  While we are off to a good start, the following are some of the most common calls we are fielding here at MSF:
    1. Bill Status – when calling for bill or reconsideration request status you can contact RMS at 800-274-7464. Their Customer Success staff will be able to help you with questions regarding bill status, reconsideration request status and payment information.
    2. Check status – MSF is unable to answer any questions regarding check status. Please call RMS for any questions related check or virtual card status.
    3. Crefunds – When a recovery is done on a bill where a payment had previously been made, it will result in an automatic “crefund” from the next payment made. If RMS is unable to recover an overpayment through a crefund, you will be notified of the overpayment and instructed where to send the payment.
    4. ECHO – RMS has contracted with ECHO to process payments after the bill review process. Payments are made via Virtual Card.  If you are unable to accept payments via Virtual Card or prefer to receive an actual check, you will need to contact ECHO at 877-705-4230 and ask to “Opt out permanently”.  They will then make that change for you.
    5. Frequently Asked Questions – are currently being updated with current information and will be available at: https://montanastatefund.com/web/provider/docs/ProviderQAMedicalBillReviewPaymentProcess.pdf.

    Montana Resources Hits Milestone For Safety

    Our vision at Montana State Fund is to be an indispensable partner in achieving a safer, healthier, and more prosperous Montana. We are proud to say it is working. Recently, our policyholder Montana Resources was featured in the Butte Standard for their commitment to safety. We commend Montana Resource’s efforts to keep safety at the forefront of their daily workday. We would like to share their story. 

    Below is the July 10 2019 article reprinted with permission from Butte Standard Reporter,  Susan Dunlap.

    Photo credit: Meagan Thompson

    Rocks falling off high walls, the regular use of explosives, electrical cords carrying high voltage in very big shovels, and super large haul trucks driving around make for a work environment that has the potential to hurt or even kill people.

    But, despite those types of dangers, Montana Resources celebrated Monday its 3,652th day — or 10 straight years — of no lost time due to a work accident.

    Nearly 60 years ago, The Montana Standard reported a different kind of story. An accident to a haul driver in the Berkeley Pit put him in the hospital and ended the Anaconda Company’s 137 days of no lost time due to work accidents.

    Mike McGivern, MR vice president of human resources, said Tuesday that every industry has gotten safer, not just mining, and not just MR.

    “It’s not okay to hurt people on a job and it’s not okay to act in an unsafe manner,” McGivern said.

    But he said MR is particularly cautious when it comes to safety. Even though McGivern, who is a safety engineer by training, is the highest-ranking MR official who oversees safety, he says the credit belongs not to him but to Rolin Erickson, president of MR, and to the workers.

    “At the end of the day, it’s the top guy who drives the culture. We all report to him. He (Erickson) deserves a lot of the credit, as do the other 369 men and women who go home safe and healthy every day,” McGivern said.

    A sign at an entrance to Montana Resources open pit mine greets employees and visitors with news of reaching a 10-year safety mark without an accident.

    MR’s safety record is “commendable,” said an administrator with Mine Safety and Health Administration — and that was in 2015. The mining company on the east side of Butte has not had an accident that involved a regular employee and resulted in lost time at work since July 8, 2009.

    “You have no idea how proud Rolin is and the senior staff of the accomplishments of MR’s workforce. It really is a tremendous milestone,” McGivern said.

    Montana State Fund, the state’s largest workers’ compensation insurance company, acknowledged MR’s safety record a few years ago with a check for $58,164. At the time, officials with Montana State Fund said Montana overall ranked 40 percent higher than the rest of the nation in worker-related accidents in 2016.

    Even though going through safety protocols on a constant basis — McGivern said some crews have daily safety meetings — can be time consuming and could be seen as eating into the mine’s profits, McGivern said that’s not the culture at MR.

    “The safest mines are the most productive,” McGivern said is the motto at MR. “It’s an investment well spent.”

    New Policy Billing Project Makes Headway

    Montana State Fund’s new policy and billing system replacement project has been ‘under construction’ for almost two years and it’s all coming together as we move out of development and into the testing phases. It’s quite an exciting time!

    At MSF, we have a strong vision and outstanding values.  We know MSF’s TRUE NORTH and who we are.  We stand for doing the right thing, for the businesses in Montana and for those injured on the job.

    As we move into testing, the defining moment of truth is when we see whether everything we’ve imagined and poured our hearts into, is going to work as we had expected.

    It’s been conversation and intentions up until now.  Now we get to see the new system in practice, all together, from end-to-end.

    We get to turn on the engine and take it for a spin.

    MSF’s intention for phase 1 was to get MSF on to a new platform. The conclusion of phase 1 will be when we get to that point of enjoying all the capabilities that the new system has to offer and then looking for continuous improvement opportunities.

    Some new capabilities are simply because it’s a more modern system.  Other capabilities are because we have designed them to suit the needs of our customers.  Without question, the new system will provide our agents and policyholders with much more access to policy details than our current system.  Phase 2 will be where improvement ideas and suggestions to form a new set of requirements that will make this platform even greater will happen.

    It is true there is no changing the future without disturbing the present.  What I have enjoyed about this journey is the way each and every staff member has taken big steps out of their comfort zones away from the only system they have known and embraced the necessary change.  They have committed themselves to a new way of doing things to get the most benefit from the new system – and deliver a great product that will help us realize our vision of making worker’s compensation easier for our customers and more efficient for us.  We want MSF to be in the best place possible to be a remarkable, competitive insurance partner for Montana businesses – and we are working to build a platform to support that vision.

    We are impatient for the new system but we’re still about a year away from ‘go-live’.

    The good news is that the new system is coming, and we remain committed to delivering a modern, elegant solution – saving time, making work easier.

    Step Up Your Safety Program: Upcoming Safety Workshop

    Please join Montana State Fund for our free half-day safety workshop, Step Up Your Safety Program. Topics include: Permit-Required Confined Spaces:  Some employees work in confined spaces. However, when the confined space job involves the potential for serious safety or health hazards, the employer may need an Occupational Safety and Health Administration, (OSHA), confined spaces permit. In this session, we will cover the permit requirements and best practices to help ensure employers protect their workers and employees understand their responsibilities to be safe on the job. Slips, Trips and Falls (STF):   Statistics for work related STF’s are painful. According to the Center for Disease Control and Prevention and the Bureau of Labor Statistics, STF injuries make up 20 percent of all job-related injuries; STF’s cause 15% of all accidental deaths; and injuries related to STF’s cost employers $40,000 per incident.  As we prepare to head into the fall and winter months, it’s time to take a step back to discuss the reasons for STF’s in the workplace and the solutions to prevent them in the future. Human Judgement and Risk:  Safety leaders understand that no workplace can be risk-free. But if leaders encourage positive safety judgement with their employees, it may limit some of the more hazardous risks.  In this session we will discuss how employers view risks, how to change an employee’s risk mindset and how leadership can help shape the best safety outcomes. Dates and Locations September 4:  Glasgow – Cottonwood Inn September 5:  Miles City – Sleep Inn & Suites September 11:  Bozeman – Best Western GranTree Inn September 13:  Billings – Hampton Inn and Suites West  I-90 September 17:  Butte – La Quinta Inn September 18:  Helena – Holiday Inn Express September 20:  Great Falls – Holiday Inn September 25:  Kalispell – Hampton Inn September 27:  Missoula – Best Western Grant Creek Inn

    Interested? Register Now. The free trainings take place from 8:30 am – Noon. If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).

    Lights, Camera, Safety: MSF Safety Videos

    Historically, Montana has ranked as one of the states with the highest rates of workplace accidents. But recently, accidents are trending downward. To keep the momentum heading in the right direction, MSF continues to create solutions to promote workplace safety.

    One such is solution is the production of our online video education safety series. The videos, which are only a few minutes in length, are designed to be as fun to watch as they are informational. Currently there are 16 videos in our library.

    The safety topics include.

    Creating a Safety Culture
    Everyday Electrical
    Eye Protection
    Ergonomics
    Protect Your Hearing
    Ladder Safety
    Patient Handling
    Personal Protection Equipment
    Back Safety
    Slips, Trips and Falls
    Proper Lifting
    Develop Company-Wide Driving Policies
    Prevent Distracted Driving
    Fall Protection
    The Benefits of Return to Work Program
    Safety is Our Business: Montana State Fund Safety Services

    How Can I View The Videos?
    Simply go to our safety focused website safemt.com, as well as our YouTube channel. The videos are free, and you can easily view them right on your computer.

    Helping Montanans make their workplaces safer, healthier and more prosperous is what we’re here to do. As always, if you have questions contact one of our safety management consultants at 800-332-6102.

    Montana State Fund Has A New Email Address

    Protecting the health and safety of Montanans is at the heart of everything we do at Montana State Fund.  To reflect this message, we recently changed our email domain from montanastatefund.com to safemt.gov.

    Please use the safemt.gov domain when you are contacting staff. The current username will remain the same, for example, jdoe@montanastatefund.com is now jdoe@safemt.gov.

    Please note that the montanastatefund.com domain will be disabled effective October 1, 2019. This means any emails sent using this domain after that date will not be delivered to MSF. 

    If you have any questions, contact one of our customer service specialists at 800-332-6102 or email msfwebmaster@safemt.gov.

    Safety Pays for Montana Building Industry Association

    MSF President Laurence Hubbard (right) presents check to MBIA President Steve Snezek

    The Montana Building Industry Association’s (MBIA) workplace safety efforts have really paid off.  Recently, MSF presented the MBIA’s GRIP program (Group Retention Insurance Program) a check worth nearly $540,000 to commend them for these efforts.

    Approximately 250 of MBIA’s 1,500 members participate in the program which is designed to reduce on-the-job accidents through safety training and awareness. Montana is near the highest in the nation in workplace accidents and fatalities, and the construction industry is one of the most dangerous.

    “Montana State Fund applauds the efforts and determination of the Montana Building Industry Association’s GRIP program to reduce workplace accidents and send their workers home safely at the end of the day,” said Laurence Hubbard, President and CEO of MSF. “It is commitment like theirs that will have a lasting and meaningful impact on Montana’s workplace safety culture.”

    MBIA Executive Director, Steve Snezek said “MBIA’s GRIP program has a strategic vision to reduce on-the-job accidents and fatalities. We know Montana, and especially the construction industry, leads the nation in these types of incidents. MBIA’s GRIP program is designed to reduce the occurrence of accidents and we are grateful to have a partner like Montana State Fund in this endeavor. The program is working, and this check proves that safety pays.”

    The MBIA GRIP program has been in existence with MSF since 1997 and has resulted in nearly $6M in returns to deserving policyholders who are committed to operating a safe workplace.

    Workers’ Compensation Drug Formulary

    Effective for claims arising on or after April 1, 2019. In May 2017, the Montana Legislature passed SB312, authorizing the Montana Department of Labor & Industry to adopt a drug formulary for the workers’ compensation system. The formulary will work in conjunction with the Montana Utilization & Treatment Guidelines and is intended to provide uniformity in prescribing medications to injured workers. Click to read more details. Workers Comp Drug Formulary Flyer

    Medical Bill Coding

    Dry Needling – The Code Dilemma Billing for dry needling tends to bring up questions regarding code selection as there isn’t a code that specifically describes this procedure.  Some publications advise using 97140 (manual therapy techniques) or 97112 (neuromuscular re-education) depending upon the purpose of the service.  Others advise using 97799 (unlisted physical medicine/rehabilitation service or procedure) or 97139 (unlisted therapeutic procedure).  Montana State Fund has determined that 97139 may be billed for dry needling services when billing Montana State Fund.   NOTE:  This is only a Montana State Fund recommendation and may be different from other carriers. Physical Therapy Timed Codes Time is an element of many physical rehabilitation modalities and procedure codes.  When billing these services, time for each timed code must be documented in the record to support what is billed.  If the time spent on a timed code is less than 8 minutes and is not the only timed service billed, then the time can be added to the total time to determine the number of units that can be billed: 8-22 minutes = 1 unit 23-37 minutes = 2 units 38-52 minutes = 3 units 53-67 minutes = 4 units etc Note:  Please bill for services provided – do not combine total time and bill for the highest reimbursed service only, this will result in a denial. When more than one service of a timed modality is performed in a single day, the total minutes of the service performed should be included in the patient record to substantiate the level of service.  A total of 8 units of active and passive therapy may be billed per visit.  If active therapy is being applied, only two units of a passive modality may be included in the 8 units.
    • Passive therapies (listed in U&T Guidelines) will be limited to 4 units per visit, if only passive therapy is being applied.  Note:  Only 2 units may be billed if active therapy is being applied.
    • All timed codes must have the actual time spent documented (in minutes) in the office notes submitted for each code billed for reimbursement.
    Therapy codes billed must have part of body documented or it must be clearly identified in a flow sheet or other attached documentation and must be related to the injury. If the procedures are clearly documented in the notes, a flow sheet is unnecessary. If the notes do not support the procedures billed but refers to a flow sheet, please include the flow sheet with the bill and other documentation. Rule of Eights:  Providers are allowed a total of 8 units of active/passive therapeutic procedures per visit with these exceptions:
    • If active/passive therapeutic procedures are utilized:
      • only 2 units may be a passive modality per visit.
    • If only passive modalities and/or passive therapeutic procedures are being utilized, only 4 units
    may be billed per visit. NOTE:  If a physical therapy/modality is not listed in the Utilization and Treatment Guideline (U&T) or goes over the maximum threshold, be sure to get pre-authorization.   Passive Modalities
    CPT Code Description
    97010 Hot or cold packs – one or more regions
    97012 Traction – mechanical
    97014 Electrical stimulation (unattended)
    97016 Vasopneumatic devices
    97018 Paraffin bath
    97022 Whirlpool
    97024 Diathermy (e.g. microwave)
    97026 Infrared
    97028 Ultraviolet
    97032 Electrical stimulation (manual) one or more areas, ea 15 minutes
    97033 Iontophoresis, ea 15 minutes
    97034 Contrast Baths, ea 15 minutes
    97035 Ultrasound, ea 15 minutes
    97036 Hubbard tank, ea 15 minutes
    97039 Unlisted modality, specify type and time if constant attendance
      Active/Passive Therapeutic Procedures:
    CPT Code Description Passive or Active
    97110 Therapeutic Procedure, 1 or more areas, ea 15 minutes.  Therapeutic exercises to develop strength, endurance, range of motion and flexibility. Active
    97112 Neuromuscular re-education, ea 15 minutes Active
    97113 Aquatic therapy with therapeutic exercises, ea 15 minutes Active
    97116 Gait training (includes stair climbing), ea 15 minutes Active
    97124 Massage, ea 15 minutes Passive
    97139 Unlisted therapeutic procedure.  ** Passive or Active will depend upon the procedure. Passive or Active**
    97140 Manual therapy, ea 15 minutesNOTE:  This is passive unless billed with an active procedure – in that case it would be considered active. Passive
    97150 Therapeutic procedure(s), group (2 or more individuals) Active
    97530 Therapeutic activities, direct (one-on-one) pt contact, ea 15 minutes. Active
    97532 Development of cognitive skills to improve attention, memory, problem solving, direct (one-on-one) pt contact, ea 15 minutes. Active
    97533 Sensory integrative techniques to enhance sensory processing and promote adaptive responses to environmental demands, direct (one-on-one) pat contact, ea 15 minutes. Active
    97535 Self-care/home management training, direct (one-on-one) pt contact, ea 15 minutes. Active
    97537 Community/Work reintegration training, direct (one-on-one) pt contact, ea 15 minutes. Active
    97542 Wheelchair management ea 15 minutes Active
    97545 Work hardening/conditioning, initial 2 hours Active
    97546 Work hardening/conditioning, ea addl hour Active
    97799 97799 Unlisted physical medicine/rehabilitation service or procedure.  **Passive or Active will depend upon the procedure. Passive or Active**
    98940 Chiropractic manipulative treatment, spinal 1-2 regions Passive
    98941 Chiropractic manipulative treatment, spinal 3-4 regions Passive
    98942 Chiropractic manipulative treatment, spinal 5 regions Passive
    98943 Extraspinal, 1 or more regions Passive
       

    Medical Billing

    Work Comp EDI
    Now that we are up and running with Rising Medical Solutions (RMS), electronic billing is an option for those providers who want to switch from paper billing.  To get signed up please call Work Comp EDI at 800-297-6909 or email mt@wcedisupport.com. https://www.workcompedi.com/montanastatefund

    ECHO
    Rising Medical Services has contracted with ECHO for provider payments.  The default payment method under ECHO is the ECHO Mastercard.  Providers can opt out of this method and continue to get paid by check or EFT but you will need to call ECHO directly at (877) 705-4230 or go to their website.

    Please continue to submit bills and records to:
    Montana State Fund
    PO Box 4759
    Helena, MT  59604

    Status Requests/Re-evaluation Requests
    When checking bill status of a current bill or requesting a reconsideration of a bill that has been previously processed, please contact Rising Medical Solutions at 866-274-7464.

    Highlighting Revisited
    If a line or an item needs to be “showcased or noted” on a document MSF recommends that a circle or a line and arrow be used.  Highlighting scans as a blackout so the information cannot be read.  Red ink or pencil is dropped out of any document sent through Optical Character Recognition (OCR) scanning process.

    Multiple Page Bills
    When submitting a multiple page bill (CMS 1500/HCFA only) with a total on each page, be sure to submit them separately with the corresponding notes attached for each bill.  Submitting these as a group with the attached notes delay processing as the bills are returned to MSF to separate the bills and notes and get them rescanned for processing.  If you want to send them as a multiple page bill, do not total each page, add the total of all bills on the last page and indicate on each bill page that it is page 1 of XX (# of bills) to indicate it is a multiple page bill.

    2019 MTWCC 2; WCC No. 2018-4207 Everett Pate v. Montana State Fund

    FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

    Summary:  Petitioner asserts that he injured his shoulder in an industrial accident in which a rung on a ladder broke, causing him to fall down and backwards, partially into a crawlspace.  Respondent denied liability, at first because Petitioner’s medical providers did not identify any objective medical evidence of a shoulder injury.  Respondent then relied on the opinion of its IME physician, who determined that while there is objective medical evidence of a shoulder injury or disease, there is no mechanism of a shoulder injury and that the time between the accident and the onset of Petitioner’s shoulder pain is too great to support a causal relationship.

    Held:  Petitioner injured his left shoulder in his industrial accident.  Respondent’s IME physician failed to take an accurate history and, as a result, did not understand that the Petitioner used his arms to arrest his backwards fall.  Respondent’s IME physician also did not understand that Petitioner reported shoulder pain immediately after his fall and suffered shoulder pain again within two weeks of his fall.  Thus, this Court gave more weight to the evidence from the orthopedist treating Petitioner’s shoulder, which is sufficient to prove on a more-probable-than-not basis that Petitioner injured his shoulder in the fall.

    Read More: Pate_2019MTWCC2 (1)

    Upcoming Safety Workshop: Fact and Emotion: The Basics for an Effective Safety Culture

    Please join Montana State Fund for our free half-day safety workshop, Fact and Emotion:  The Basics for an Effective Safety Culture OSHA Corner:  The Occupational Safety and Health Administration (OSHA) institutes several safety standards and requirements that a business must follow. In this segment, we will discuss OSHA’s latest regulation changes and how they may affect your organization and employees.
    Montana Safety Culture Act (MSCA):   The MSCA turned 26 years old this year, but many Montanans are not aware of its existence, or what it means for our state’s employers and employees. In this session, we will review the requirements of the act, how it is being enforced, and the steps you can take to comply with it. Leading a Safety Program with Emotion. For an organization to have a successful safety culture, leaders must be aware of their emotional intelligence (EI).  EI is the ability to understand and manage your own emotions, and those of the people around you. For leaders, having emotional intelligence is essential for success. In this part of the training we will examine how your leaders can reach emotional intelligence to build an effective safety program. Dates and Locations May 30:  Bozeman – Best Western GranTree Inn June 5:  Butte – La Quinta Inn June 7:  Great Falls – Holiday Inn June 12:  Glasgow – Cottonwood Inn June 13:  Miles City – Sleep Inn & Suites June 14:  Billings – Hampton Inn (3550 Ember Lane, just off of I-90 West) June 19:  Helena – Holiday Inn Express June 20:  Kalispell – Hampton Inn June 21:  Missoula – Best Western Grant Creek Inn Interested? Register Now. The free trainings take place from 8:30 am – Noon. If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).

    Kris’s Korner

    Combinable Risks – Past actions are not a guarantee of future actions, but they stand as a very good indicator.  Why does this matter for Workers’ Compensation?  Theoretically, owners run each operation in essentially the same manner.  Employers looking for the cheapest and easiest way will likely continue down the same path in the future. Common majority interest is the basic rule of combinability. When the same person, group of persons or a corporation owns a majority interest in multiple entities their loss experience is combined to develop a common (combined) experience modification factor.  Majority interest is created when the same person or person(s) combined ownership is more than 50 percent of an entity. But majority interest can be determined in many ways. The National Council on Compensation Insurance (NCCI) lists the following:
    1. Majority of issued voting stock.
    2. Majority of the owners, partners or members if no voting stock is issued.
    3. Majority of the board of directors or comparable governing body if a. or b. is not applicable.
    4. Participation of each general partner in the profits of a partnership. Limited partners are not considered in determining majority interest.
    5. Ownership interest held by an entity as a fiduciary. Such an entity’s total ownership interest will also include any ownership held in a nonfiduciary capacity.
    Regardless of how a group is created and combined, no entity’s experience will be used more than once.  Without the ability to combine loss histories, workers’ compensation carriers would potentially be victims of inadequate premiums.  Rate predictability and possibly rate adequacy may be compromised without combinability rules.

    Montana Legislative Wrap Up

    The 66th Session of the Montana Legislature has adjourned Sine Die (fun fact: Sine Die is Latin for “without day.” In other words, indefinitely). Now that the legislative session has concluded, we wanted to take this opportunity to say thank you to all the stakeholders who played a part in making this a successful session for Montana State Fund our policyholders and their workers. We could not do it without you. This session was not unlike past sessions. We saw attempts to undo provisions of HB334 (2011), the bipartisan reforms that resulted in major rate decreases for Montana employers. We saw efforts to eliminate MSF and replace the guaranteed market with a high-risk mechanism, which may have resulted in double-digit rate increases for thousands of Montana employers. We saw efforts to assess a premium tax on MSF policyholders, 18,000 of which are the small businesses that make up the backbone of the Montana economy. None of these efforts were successful because stakeholders spoke together, in unison against those proposals. MSF is Montana’s largest workers’ compensation insurance company, insuring approximately 24,000 Montana businesses and their workers. Our vision is to be an indispensable partner in achieving a safer, healthier and more prosperous Montana. By continuing to partner with agents, employers, employees and our stakeholders, we can accomplish this vision. For your support and involvement, MSF thanks you

    Statewide Standardizing Housing Values One Year Anniversary

    In 2017, the Montana Legislature revised the definition of wages specific to the value of Workers’ Compensation lodging, rent, and/or housing (see MCA 39-71-123).  The intent was to provide certainty for employees, employers, and insurers through application of a valuation methodology set by MT Administrative Rule (see ARM 24.29.721). Effective April 1, 2018, the reportable value of housing was established for each county in Montana and published on the Department of Labor & Industry  (DLI) website. As of this date, all Workers’ Compensation Carriers in MT, including Montana State Fund, are required to apply the DLI employer provided housing values when calculating claim benefits and assessing policy premium. For more information regarding these changes, please visit the Department of Labor & Industry website.  The website has valuable information on the changes and the current publication of the “Montana Workers’ Compensation Housing, Rent or Lodging Monthly Rates”.

    Elective Endorsement Clean-up Project

    Montana State Fund is reviewing policies which may have employees working solely to provide aid, comfort, or companionship to the policyholder or for a family member.  In specific situations these types of employment are exempt from the Workers’ Compensation Act and an elective endorsement is required for coverage to extend to these employees. Notification will be provided to policyholders that do not currently have the endorsement and appear to meet the necessary requirements for an elective endorsement.  Policyholders will also receive notification that an endorsement is currently on their policy and is not necessary and will be removed.

    Producer Training Opportunities

    Whether you are new to the workers’ compensation industry or a 15-year veteran, Montana State Fund has a class that is the right fit for you.  Producer Academy: The “Producer Academy” is back for its 2nd year.  This class was designed to help our agents be the trusted advisor for their customers.  It is perfect for agents who have been in the industry for a little while and want to sharpen their skills. Introduction to Workers’ Compensation: The Introduction to Workers’ Compensation class is open to everyone, but is required for those who want to be recognized as an appointed agent with Montana State Fund.  The “Introduction Class” was designed for the newest agents entering workers’ compensation but is detailed enough for even the seasoned veteran. Below are the locations and dates for our next trainings. To register go to montanastatefund.com . I am an agent and then agent workshops. Missoula (Wingate by Wyndham) May 29  – Introduction to Workers’ Compensation (9 am – 3 pm) May 30 –  Producer Academy (9 am – 3 pm) Billings (Homewood Suites) July 9 – Introduction to Workers’ Compensation (9 am – 3 pm) July 10-   Producer Academy (9 am – 3 pm) Bozeman (Homewood Suites) September 10 –  Introduction to Workers’ Compensation (9 am – 3 pm) September 12-  Producer Academy (9 am – 3 pm) Missoula (Wingate by Wyndham) November 5-  Introduction to Workers’ Compensation (9 am – 3 pm) November 6-   Producer Academy (9 am – 3 pm)

    Safety. We’re in this together, Montana

    It’s no surprise our policyholders hear us preach about the virtues of safety and why it’s important for them to create a culture of safety at their workplace. But we also realize for them to be successful we need to offer helpful tools that put our words into action.

    One of these valuable tools is our free quarterly statewide safety workshops. These half-day trainings are designed to give Montanas’ employers and employees the training and know-how, on a variety of important and timely issues.

    And because we want to be an indispensable partner in achieving a safer, healthier and more prosperous Montana, we have opened these trainings to all Montanans, not just our policyholders.  Our goal is to help Montana employers develop their own unique safety programs tailored to their employees and businesses.

    Last year our safety service team hosted 35 safety workshops that touched 575 Montana workers. The range of topics include: fraud, slips, trips & falls, young workers safety, emergency action plans, hazard communication program, return to work and more.

    Are you ready to start creating your own workplace safety culture? Our next round of workshops will take place in March. If you need more information about our workshops, contact Montana State Fund Safety Services Specialist Kirk Smith at 800-332-6102 ext.

    MSF Senior Leaders Receive Award

    Sam Heigh, Laurence Hubbard and Julie Jenkinson

    MSF is proud to announce that two of our senior leaders, Julie Jenkinson, Vice President of Insurance Operations and Sam Heigh, Vice President of Insurance Operations Support, recently received a Stevie® Award for Women in Business.

    The Stevie Awards, are widely considered to be the world’s premier business award. Jenkinson received the Gold Award in the Leadership in Transforming Customer Engagement category and Heigh won the Silver Award in the Leadership in Operational Excellence category.

    In her acceptance speech, Jenkinson paid tribute to MSF staff. “Being recognized as a leader in transforming customer engagement is an honor, for sure. But, it’s not one anyone earns single-handedly. At Montana State Fund, we are deeply committed to customer engagement and the customer experience all the way from the front desk to the CEO’s desk. I share this with all my colleagues who every day are committed to succeeding together and delivering excellence in customer service.”

    Laurence Hubbard, President and CEO of Montana State Fund, said. “Besides managing their normal operations, both Julie and Sam are highly engaged sponsors of various business improvement projects. They, together with the rest of the individuals at MSF, are transforming the business towards taking our customer experience to a whole new level.”

    Legislative Update

    The 66th Session of the Montana Legislature is underway in Helena. Montana State Fund (MSF) is busy advocating for our policyholders and their workers.

    As we near the mid-point of the session, there are a large number of bills that may have some impact on MSF indirectly but only a handful of bills that we have provided testimony on. Below, you will find a few of those bills, their current status and MSF’s position on them. If you have any questions, please do not hesitate to contact us at msflegislativeissues@mt.gov.

    Senate Bill 29:   Requires workers’ compensation for volunteer firefighters

    MSF provided informational testimony.

    Passed the Senate. Awaiting a hearing in the House.


    Senate Bill 78
    :   Requires workers’ compensation insurers to provide notice prior to claim closure.

    MSF opposed pending a couple of amendments. The amendments were added to the bill and MSF is now neutral.

    Passed the Senate Business and Labor Committee and the Senate Floor on 2nd Reading. Awaits 3rd Reading on the Senate Floor.


    House Bill 313:
      Repeals the insurers ability to designate the treating physician on a workers’ compensation claim.

    MSF opposed.

    Failed to pass the House Business and Labor Committee. Tabled in committee.


    LC 935:
        Repealing a sunset regarding extraterritorial workers’ compensation coverage. This primarily impacts employers in Eastern Montana who also do business in North Dakota. The extraterritorial provision allows for the elimination of duplicative coverage.

    MSF supports.

    Bill has not yet been introduced.


    SB 234
    : Allows the State of Montana the option to self-insure for workers’ compensation coverage or insure with a private company or Montana State Fund.

    MSF provided informational testimony.

    Passed the Senate Business and Labor Committee and awaits a vote on the Senate Floor.


    HB214:
     Allows the State of Montana the option to insure with a private company or Montana State Fund for workers’ compensation coverage. Provides for certain exemptions for Montana State Fund and allows for the election of a minority of MSF board members by MSF policyholders.

    MSF provided informational testimony.

    Passed the House Business and Labor Committee. Passed on second reading on the House floor. Sent to the Appropriations Committee. Awaits a vote in Appropriations before being sent to the House floor for a possible third and final reading.

    Assistant Attorney General Mary Cochenour Recognized

    Congratulations to Assistant Attorney General Mary Cochenour who was recognized as the Prosecutor of the Year by the Coalition Against Insurance Fraud. Since 2012, Cochenour has served as the prosecutor for worker’s compensation fraud referrals made by Montana State Fund to the Montana Attorney General’s Office.

    Mary Cochenour is with (left) Butch Huseby Former Investigator with the Montana Department of Justice Division of Criminal Investigation, Montana State Fund President Laurence Hubbard and Montana Attorney General Tim Fox

    MSF refers an average of 10 – 13 cases per year to the Montana Division of Criminal Investigation that are investigated and then referred to Cochenour’s office for prosecution. 

    Over the past six years, Cochenour has done an outstanding job prosecuting worker’s compensation fraud cases.  She has earned a reputation as a tough, but fair prosecutor in trial who proved to be highly effective in front of a jury.  Her reputation has led many to plead guilty rather than go to trial.  

    Growing A Safer Workforce

    Montana State Fund recently invested in the education of 11 Montana college students majoring in Occupational Safety and Health/Industrial Hygiene and the Construction Trade and Industry fields through our Growing a Safer Montana higher education scholarships.

    “As the state’s largest workers’ compensation insurer, we are doing our best to prepare the next generation workforce of Montana for a long and safe working career, “said MSF President and CEO, Laurence Hubbard.  “These scholarships not only assist with a student’s tuition,they also lay the ground working for understanding and practicing a culture of safety at their future workplace.”

    At the awards presentation, Hubbard surprised the recipients with a $3,000 scholarship instead of the $1,500 amount they were expecting.

    Sarah Storey is one of this year’s recipients. She is pursuing a Master of Science in Industrial Hygiene at Montana Tech. “As a mother of three and college student, I work my hardest in all of my endeavors. This scholarship is very important for me to continue to accomplish the goals I put forth for myself and my family.”

    MSF began offering these competitive academic scholarships in 2018. Last year, 10 students received a $1,500 scholarship. This year, MSF awarded 11, $3,000 scholarships, for a grand total of $48,000 in total scholarship money. To apply, recipients must have a cumulative GPA of 3.0 and a desire to champion safety as they move into their professional endeavors.

    Scholarship Recipients with Montana State Fund President Laurence Hubbard and Montana LT Governor Mike Cooney at the awards ceremony

    2019 Scholarship Recipients include:

     Montana Tech – Occupational Safety and Health Students
    Ciara Kremer
    Jacques Boulet
    Tyler Davis
    Sarah Storey
    Griff Warner

    Highlands College – Montana Tech
    Jakob Bloom – Welding
    Maria Ralph – Carpentry
    David Stahl – Construction Technology

    Helena College – University of Montana
    Elon Moffett – Industrial Welding and Fabrication

    Gallatin College -Montana State University
    Natalia Fernandes – Welding

    Missoula College
    Charles Bruce – Welding

    Another Growing a Safer Montana program is the high school safety equipment grant. High school educators teaching construction trade and industry courses can apply for grants up to $750 that help purchase needed safety materials, equipment, or protective gear for their students. Over the past two years, 2,600 students have received safety equipment. In addition, MSF supplies safety materials and resources that the teachers can use to reinforce safety awareness in their classrooms. 

    Clues for a Successful Safety Program: Upcoming Safety Workshops

    Join Montana State Fund’s (MSF) Safety Services Specialist, Kirk Smith and members of MSF’s Special Investigation Unit for our half-day safety workshop, Clues for a Successful Safety Program

    Topics include:

    Detecting Workers’ Compensation Fraud:  
    Committing insurance fraud is against the law.  And, if it is not identified, the effect of fraud undermines the confidence the public has in the workers’ compensation system. In this session we’ll educate you on the various types of workers’ compensation fraud, and how you can help limit and identify potentially fraudulent activities at your workplace.  In addition, we’ll review examples of successful workers’ compensation fraud investigations and prosecutions that led to convictions. 

    Leadership’s Impact on Internalizing Safety:   To impact safety within the workplace you must go beyond external safety protocols with your workers and help them look at themselves and their internal motivations.  When employees internalize safety, they begin to realize that they have control over their personal well-being.   In this part of the workshop, we will discuss how leadership can help employees take better mental and physical self-control of their own safety when performing a wide array of tasks, both at work and at home.

    Dates and Locations
    February 27:  Bozeman – Best Western GranTree Inn
    March 1:  Helena – Holiday Inn Express
    March 7:  Butte – La Quinta Inn
    March 8:  Great Falls – Holiday Inn
    March 13:  Glasgow – Cottonwood Inn
    March 14:  Miles City – Sleep Inn & Suites
    March 15: Hampton Inn & Suites Billings West I-90
    March 21:  Kalispell – Hampton Inn
    March 22:  Missoula – Best Western Grant Creek Inn

    Interested? Register Now. The free trainings take place from 8:30 am-Noon If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).

    Safety Corner

    By Mark Rosenleaf, Safety Management Consultant
    Last quarter’s Safety Corner discussed the services our Safety Management Consultants (SMC’s) offer our policyholders and cited the teamwork that provides our mutual customers with the best product and service. But what if they don’t want to use those services? You’ve probably got the skills and tools to help them see the light, but here are a couple more. Studies show that the return on investment for investments in safety is somewhere in the range of 200% to 600%! The problem comes when your policyholder asks you to show them how they’re going to make or save $20,000 if they spend $10,000 today.  It’s complicated, and not exact, but you can do it. Here’s how: Start with direct vs. indirect costs. Direct costs are the bills that they’ll see.  Hospitals, doctors, work comp premiums, etc.  Indirect costs are the ones they may not be aware of, and those can be twice the direct costs.  These include time spent investigating; loss of production; loss of employee productivity; employee training; repairs; lower morale; absenteeism; reputation within the community, etc. Take the cost of the medical bills for all the claims in a given period. Double that amount to get the indirect costs, then add those numbers together.  It might be a lot of money. Now consider that every injury, incident, near miss and unsafe act is an opportunity to put something in place to prevent the next one. Your customers are likely already doing some things to enhance safety, even if they don’t think about it. Ask them to track their Leading Indicators – positive things they’re doing that impact safety. These include training; reporting near misses; safety meetings & committees; housekeeping; maintenance and more.  They should track, promote and celebrate these victories.  These are the things that keep employees safe.  Injuries are not necessary, and they shouldn’t be a cost of doing business.  Zero is possible. Tell them to think of safety not as an expense, but as a profit center that must be managed just like any other aspect of their business.

    MSF’s “Customer First” Values Drive New System Design

    Montana State Fund recently hosted the 12th Annual CSR / CSS Conference at the Great Northern Hotel and Conference Center in Helena. This event offered the Policy and Billing Replacement Initiative (PBRI) Team an excellent opportunity to introduce the development effort of the new system to customer service representatives (CSR’s) from MSF’s partner agencies across the state. This was their first exposure to an early look and feel of MSF’s state-of-the-art policy management system which is due to “go-live” in the last quarter of 2019. MSF’s customers have been, and continue to be, consulted on their needs for what the new system should do and how it should perform. At this event, CSR’s were invited to share their views on MSF’s service delivery, using the current system. CSR’s responded with their highest level of dissatisfaction being the responsiveness and cost effectiveness of the current system. Both of these criteria hinder their ability to be “brilliant in the moment” with their own customers. CSR’s expressed their highest level of satisfaction as being their relationship with MSF staff. The way MSF staff provides support, is courteous, communicates in a caring manner, and their competence were all areas that received high ratings. The PBRI Team demonstrated some of the most recently developed functionality and features of the new system. Improved efficiencies, convenient and quick access to information, and making work easier for MSF’s customers are some of the key requirements driving the system’s design. A short video provided a ‘behind-the-scenes’ look into how the project is working. MSF’s CEO and President, Lanny Hubbard delivered an important message (view the video) Lynn Mogstad, Business Unit Director and conference organizer, said: “Appointed agencies from across the State send their CSR’s to attend this event. CSR’s are the face and voice of their agencies.  This is the one time of the year where our external CSR’s and internal customer service specialists (CSS’s), who are the face and voice of MSF, have an opportunity to network, learn, and discuss matters of mutual importance.”

    Our Solid Partnership: MSF Branding

    As many of you are aware, Montana State Fund launched a rebrand last Spring. With that came a refreshed mission, vision, values, and redesigned logo. Our new logo is now blue and highlights the word Montana in our name. In addition, we cut the diamond that formerly surrounded the SF, which gives it a freer flowing feel. If you have any materials that use our old logo, or you post our logo on your website, please update it with our new logo. Click to access our logo library  If you need help in updating any materials or replacing the logo, please contact MSF Communications Manager Mary Boyle. We are excited about this brand refresh and look forward to continuing our partnership with you to make Montana a safer, healthier, and more prosperous to place live.

    MSF Dividend Program

    In September, the Montana State Fund (MSF) Board of Directors declared a $40M dividend to be paid to qualifying policyholders. Payment of the dividend is now complete. A dividend is never guaranteed from year to year.  If circumstances warrant, the board can choose to not declare a dividend or declare a smaller dividend. However, this marks the second consecutive year the Board has declared a $40M dividend and brings the total amount returned to policyholders since 1999 to $256M. This year’s dividend is equivalent to an average return of 28.4% of premium for those receiving a dividend. The average payment is $1,728. In addition to providing dividends as a return of premium to our customers, MSF has reduced premium rates or held the rates steady every year since 2007.  Since July of 2007, premium rates have been reduced 42% and are currently at the lowest level since the creation of the Montana State Fund in 1991. Our agent partners are certainly a major component in the recent successes of MSF. Please let us know if you have any questions or comments on our dividend program.

    Policy Changes

    Changes in Payroll Reporting EMPLOYEE HOUSING – As part of the items that constitute earnings, there has been a slight modification effective 4/1/18.  Included in earnings is the actual value of any substitutes for monetary payments, including but not limited to, meals and lodging, value of rent or housing, store certificates, merchandise and credits.  Effective 4/1/2018 the reportable value for housing is established for each county in “Montana in the publication entitled Montana Workers Compensation Housing, Rent or Lodging Monthly Rates” available at the Department of Labor’s website at http://erd.dli.mt.gov   Agricultural employers may discount the published housing by 50% for the county in which the dwelling is located. For further information contact the Montana Department of Labor. NEW ENDORSEMENT – WC 00 04 14 A 90-DAY REPORTING REQUIREMENT-NOTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT On November 9, 2018, NCCI issued an endorsement requiring employers to report changes in ownership to their insurer in writing within 90 days of the date of the change. The endorsement states in pertinent part: You must report any change in ownership to us in writing within 90 days of the date of the change.  Change in ownership includes sales, purchases, other transfers, mergers, consolidations, dissolutions, formations of a new entity, and other changes provided for in the applicable experience rating plan. Experience rating is mandatory for all eligible insureds. The experience rating modification factor, if any, applicable to this policy, may change if there is a change in your ownership or in that of one or more of the entities eligible to be combined with you for experience rating purposes.  Failure to report any change in ownership, regardless of whether the change is reported within 90 days of such change, may result in revision of the experience rating modification factor used to determine your premium.  This reporting requirement applies regardless of whether an experience rating modification is currently applicable to this policy. The endorsement has been approved by Montana State Auditor’s Office and will be included in the January Renewal Packets generating this week for Select Policies.

    Goodbye Heather Domme

    We wish a fond farewell to a member of our Marketing Team, Heather Domme, as she moves on to other exciting opportunities. Heather has made significant contributions to the success of MSF’s marketing program.  We will miss her contributions, talents, and winning personality.  We wish her well in her new position and are confident that she will succeed where ever she goes.  Good Luck, Heather! All marketing requests should now be forwarded to Nick Hopkins, Director of Marketing and Business Development.  He can be reached at 406-495-5435 or nhopkins@safemt.gov

    Our Premium Payment Address Has Changed

    If you pay your premium payment by mail, be aware that the address for our invoice remittances, and payments that are mailed for processing, has changed to:

    Montana State Fund
    PO. Box 4759
    Helena, MT 59604-4759

    Please take the necessary steps to replace the former Billings, MT PO Box address with the address above.

    Do you know about our online payment options?
    If you want to skip mailing, you can quickly, conveniently, and safely, pay your premium online by going to our website montanastatefund.com. Simply click the Online Payment Tab to begin the process. If you pay by e-check there is no charge for this service.  If you are paying by credit card, the vendor imposes a nominal fee to process the charges.

    For questions about your premium payment, or anything else related to your policy, contact a customer service specialist at 800-332-6102.

    Safety Pays Dividends

    At Montana State Fund we believe safety pays for our policyholders. One way we do that is through the dividend program. In September, our Board of Directors declared a $40 million dividend which will be distributed among 23,000 deserving policyholders.

    Why Dividends?
    Dividends are a way for us to share our good financial results with our employers who helped make it possible. It rewards and encourages safe and cost-effective behavior and reduces the overall cost of workers’ compensation insurance. The dividend comes from policyholder equity beyond what is determined necessary and prudent to meet current and projected long-term future obligations. Dividends cannot be guaranteed. Each year, MSF’s Board of Directors examine our independent actuary’s analysis of needed funds and determine if a dividend can be declared.

    Since 1999 we have returned $256 million of total dividends to our policyholders. In addition to providing dividends as a return of premium to our customers, MSF has reduced premium rates or held the rates steady since 2007. Since July of 2007, premium rates have been reduced 42% and are currently at the lowest level since the creation of the Montana State Fund in 1991.

    If you have further questions about our dividend program, please contact one of our customer service specialists at 800-332-6102.

    New Medical Bill Review and Payment Vendor

    Montana State Fund processes approximately 145,000 medical bills every year for injured workers. To carry out this task, we contract with a vendor to review these medical bills and issue payments directly to medical providers.

    Beginning January 1, 2019, we will be contracting with Rising Medical Solutions (RMS) for these services. RMS, which is based in Chicago, currently processes 1 million medical bills annually with over $1.1 billion in annual charges.

    The advantages of RMS include the acceptance of electronic billing, issuing Electronic Funds Transfer payments to medical providers, as well as offering streamlined and efficient review and processing for Montana State Fund claims examiners.

    We look forward to our new partnership with RMS. If you have any questions about Rising Medical Solutions or the implementation of these services, please contact MSF Medical Services Director, Michele Fairclough or 406-495-5362.

    Listen Up: Safety Training Can Be Fun

    Join Montana State Fund at our latest safety workshops as we as we present Listen Up: Safety Training Can Be Fun. This training will give you the tools, techniques, and ideas you need to better communicate your safety message.

    Communication: The Art of Listening.  Today, there are a vast array of tools to use to communicate a message to your employees, so it only seems logical that spreading your company’s safety message should be simple.  But communicating is not only about talking to your employees, it is also about listening to their ideas and concerns. In this session, we’ll discuss the different components of communications and how you can improve your safety message by focusing on listening.

    Safety Training:  The Montana Safety Culture Act requires businesses to address three specific safety trainings topics with their employees (e.g. new employee orientation, job specific training and refresher training). But are these trainings effective? In this discussion, we will talk about new and different concepts you can use to make your training efforts more valuable and even fun.

    Dates and Locations

    November 27:  Bozeman – Best Western Grant Creek Inn (New Location)
    November 30:  Great Falls – Holiday Inn
    December 5:  Butte – La Quinta Inn
    December 6:  Helena – Holiday Inn Express
    December 12:  Glasgow – Cottonwood Inn
    December 13:  Miles City – Sleep Inn & Suites
    December 14:  Billings – Hampton Inn West I90
    December 18:  Kalispell – Hampton Inn
    December 19:  Missoula – Best Western Grant Creek Inn

    Interested?  The free trainings take place from 8:30 am – Noon. Register now.

    If you have questions, contact Kirk Smith 800-332-6102 extension 5361.

    A New Generation Of Safety

    In high schools all over Montana, students are learning construction, welding, and other trades—skills they’ll use as they join our work force and contribute to the vitality of our state. But to do that safely, they need work gloves, welding helmets, face shields, hardhats and more.

    That is where Montana State Fund’s Growing a Safer Montana safety equipment grants come into play. Montana has some of the highest rates of workplace injuries in the nation, that is why MSF is partnering with Montana’s high schools to positively highlight the importance of safety in the workplace for the next generation of Montana’s workers. By suppling safety gear and safety information to students and teachers, we give them the tools they need to champion safety both in their classrooms and in their future professional endeavors.

    MSF Safety Management Consultant Mark Rosenleaf awards safety gear to Butte High School welding teacher Denise Bordeleau

    This past September, our safety management consultants traveled to 16 high schools to hand out safety gear to over 1,800 students. In addition, we provided teachers with safety materials they can use to reinforce safety awareness in their classrooms. Classroom teachers could request up to $750 in merchandise.

    According to Whitehall shop teacher Casey Harris, these grants are not only a safety benefit, but a financial benefit as well.

    “This is a big deal. To put this in perspective, both of our shop classes (welding and carpentry) have a budget of $1,000 for PPE (personal protection equipment), so this nearly doubles our budget this year.”

    Since the program began in 2017, 2,631 high school students have received help from this program.

    Congratulations to our 2018/2019 High School Recipients
    • Anaconda High School Welding Class – Teacher: Ryan Pesanti
    • Anaconda Jr, Sr High Wood, Carpentry, Small Engines Automotive Classes – Teacher: Brian Riley
    • Belgrade High School Woodworking Class – Teacher: Randy Radke
    • Belgrade High School Welding Class – Teacher:  Eric Kinnaman
    • Jefferson High School (Boulder) Welding and Construction Trades Class – Teacher David Heimann
    • Bozeman High School Welding Class – Teacher: Rick Hedlund
    • Bozeman High School Woodworking Class – Teacher: Dan Brown
    • Butte High School Industrial Arts – Teacher: Denise Bordeleau
    • Beaverhead County High School (Dillon) – Agricultural Education Class – Teacher: Caleb Igo
    • Helena Capital Woodworking Class– Teacher: Bob Pearce
    • Helena Capital Welding Class – Teacher: Tom Kain
    • Helena High Welding Class– Teacher: Cindy Galbavy
    • Park High School Industrial Tech and Welding Class -Teacher: Jamie Islay
    • Park High School Metal Fabrication Class – Teacher: Shane Stender
    • Manhattan High School Welding Class – Teacher: Neil Harvey
    • Missoula Big Sky High School Industrial Technology Classes – Teacher: Scot Traeder
    • Missoula Sentinel High School Industrial Technology Classes – Teacher: Dave Burtch
    • St. Regis High School Industrial Technology Classes – Superintendent: Joe Steele
    • Superior High School Industrial Technology Classes – Teacher: Jeff Schultz
    • Three Forks High School Industrial Arts 1 Class – Principal: Justin Helvik
    • Whitehall High School Industrial Arts Class– Teacher: Casey Harris
    MSF Safety Management Consultant Dan Johnson speaks to a Bozeman High School shop class

    For more information, contact Mark Rosenleaf at (406) 495-5334 or Dan Johnson at (406) 595-2108.

    Legislative Outlook

    The 66th Regular Session of the Montana Legislature is just around the corner. In early January the Legislature will convene for what is sure to be a busy and interesting session.

    In the upcoming months, Montana State Fund (MSF) will send our representatives to the Capitol to work on your behalf. While we have made great strides in improving the workers’ compensation system for our customers and their employees, we are always looking for ways to improve.

    There are often several pieces of legislation focused on workers’ compensation. If you are interested in following along and becoming engaged in the legislative process, please contact us at MSFlegislativeissues@safemt.gov. We will provide you with updates on legislation that may impact your business and/or your employees and keep you informed on ways for you to participate in the process.

    TROY W. WESTRE v. LIBERTY NORTHWEST INS. CORP.

    ORDER DENYING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING PETITIONER’S MOTION FOR SUMMARY JUDGMENT

    Summary: Respondent moved for summary judgment, asserting that Petitioner’s medical benefits terminated under the 60-month rule at § 39-71-704(1)(f), MCA (2005). It is undisputed that Petitioner saw his treating physician within the 60-month period, but his physician’s office made a mistake and did not bill Respondent for the appointment within the 60-month period. Because Petitioner’s physician did not send Respondent the bill, Respondent asserts that the appointment does not constitute use of medical benefits. Petitioner moved for summary judgment, arguing that he used his medical benefits within the 60-month period by obtaining treatment from his physician, and that he cannot suffer a consequence because of his physician’s office’s mistake in failing to bill Respondent for the appointment.

    Held: Respondent’s Motion for Summary Judgment is denied, and Petitioner’s Motion for Summary Judgment is granted. Petitioner used his medical benefits within the 60-month period when he saw his treating physician for treatment. As a matter of law, the physician’s office had the duty to bill Respondent, and Petitioner cannot suffer a consequence because of his physician’s office’s mistake in failing to bill Respondent.

    Click to view entire case: Westre vs LibertyNorthwest

    State Adopts Drug Formulary For Workers’ Compensation System

    In May 2017, the Montana Legislature passed SB312, authorizing the Montana Department of Labor & Industry (DOLI) to adopt a drug formulary for the workers’ compensation system. The formulary will work in conjunction with the Montana Utilization & Treatment Guidelines and is intended to provide uniformity in prescribing medications to injured workers. This new drug formulary will affect claims arising on or after April 1, 2019.

    Education
    To educate providers, MSF and DOLI are holding two informative drug formulary medical forums in December.

    December 12 – Helena: Webinar hosted at Montana State Fund  – 11:30 am – 1:00 pm. (More details coming soon)

    December 18 – Great Falls: Holiday Inn (1100 5th Street) 11:30 am – 1:00 pm.

    For information about our educational opportunities, contact MSF Provider Relations Specialist Shannon Hadley at 406-495-5245.

    National Provider Identifier (NPI)

    The NPI is a required element for all bill types. A provider can obtain the number by contacting the National Plan and Provider Enumeration System (NPPES). When a bill is input in the system for processing, a validation process is used.  If you have been receiving denials due to an NPI issue, the following may be the reason:

    1. Rendering provider NPI missing – this means that the individual NPI for the actual service provider is missing from Box 24J of the CMS 1500 form;
    2. Rendering provider NPI incorrect – The NPI entered in Box 24J of the CMS 1500 form does not match the actual service provider submitted in the documentation. The NPI used must be that of the provider who has provided the service and signed the medical record;
    3. Practice Provider NPI missing or does not match – this NPI is required in Box 32a of the CMS 1500 form and must match or closely match the name that is registered on the NPPES website. Exception is if the Place of Service is 12 (home) in Box 24B;
    4. Billing Provider NPI is missing or does not match – this NPI is required in Box 33a of the CMS 1500 form and must match or closely match the name that is registered on the NPPES website;
    5. Attending Provider NPI missing or does not match – the attending provider NPI in Box 76 of the UB04 form is required for all services. This should be the NPI of the attending provider or the provider responsible for the care of the patient.

    Please see the NPPES website for more information.

    New Medical Bill & Payment Vendor

    Effective January 1, 2019, Rising Medical Solutions (RMS) will be our new bill review and payment vendor. We believe this partnership will make the bill review process timelier and more accurate for our providers and claim examiners. One major enhancement that RMS offers, is the ability for electronic billing and the issuance of electronic funds transfer payments.

    In addition, RMS is staffed with Certified Professional Coders (CPC’s) and nursing staff which we expect to mean a higher level of accuracy when reviewing your bills for payment.

    We are working hard to ensure a smooth and easy transition with as little interruption and changes to your business processes as possible.


    Below is a transition timeline

    • Up to December 15, 2018: Providers continue to contact CONDUENT/ACS about payment status or bill review. Contact CONDUENT/ACS at 888-208-2116 or by emailing: MSFBillReviewInquiries@Conduent.com.
    • December 15 – 31, 2018: Contact Montana State Fund directly at 406-495-5011 about payment status or bill review :CONDUENT/ACS (our current vendor) will cease bill review services and the processing of bills and payments. (Completion of our billing process with them is 12/31/18).
    • January 1, 2019: Rising Medical Solutions (RMS) will begin automated and standardized bill review and payment services to MSF. (We will provide RMS contact information in the future).
    • 2018 1099’s:  ACS/Conduent will process them.

    Click to view Medical Bill Review FAQ

    If you have any further questions about the change from Conduent/ACS to RMS, please contact Michele Fairclough at 406-495-5362.

    Legislative Update: Wrap Up SJ 27

    The Economic Affairs Interim Committee is wrapping up its study (SJR 27) of the Montana workers’ compensation system and MSF structure. One meeting on SJ27 remains in September.

    Over the past year and a half, the Committee—made up of four democrats and four republicans (two of each from each chamber)—has heard from industry experts from across the country as well as Montana stakeholders. MSF has consistently held the position that we believe the current structure of a competitive workers’ compensation system is the best for Montana businesses and their employees – especially small businesses that have fewer market options. It is MSF’s position that over the course of the study, the facts and data have proven this to be the case.

    Based on the facts and data presented to the committee, various alternative concepts have been withdrawn from consideration. For instance, a competing concept was to eliminate MSF altogether and replace the guaranteed market with a high-risk pool. Despite unfounded claims to the contrary, MSF was able to produce data showing that under a high-risk pool scenario, many of Montana’s small businesses would see rate increases. For this reason, and others, the committee opted to abandon the “elimination” option.

    Current committee efforts are focused on making MSF look and operate more similar to a private insurance company. There are a few pieces of committee draft legislation in the works to accomplish these efforts:

    1. MSF exemption from the Montana Information Technology Act (MITA).
    2. Allow the State of Montana to explore a bidding process to cover state employees for workers’ compensation (exempting the university system and MSF).
    3. MSF exemption from state procurement.
    4. Election of a minority of MSF board members by MSF policyholders.

    We have not yet seen final language on any of these proposals. Therefore, MSF does not at this time have an official position on them. However, we can tell you that conceptually these are very similar to how private companies do business and certainly could go a long way to level the playing field. It is our goal to provide our customers with accurate, reliable information regarding legislation that may impact them in a positive or adverse manner.

    If you have any questions, please do not hesitate to reach out to Ethan Heverly, Director of Government and Community Affairs at (406) 495-5426.

    Community Closet: WorkSafe Champions

    Community Closet, a Livingston, MT based thrift store, is one our recent WorkSafe Champions graduate businesses. WorkSafe Champions is an elite safety education program offered to our policyholders at no charge.  Over the course of eight modules, participants delve deeper into creating a safety culture at their workplace. The following story was taken from a Community Closet blog about their experience in our WorkSafe Champions program.

    Learn how you and your employees can be WorkSafe Champions.


    Community Closet is proud to announce our graduation from the year-long Montana State Fund WorkSafe Champion safety training and education program on May 30. We held a celebration to commemorate our graduation at the Park County Complex in Livingston. It was attended by Community Closet staff and volunteers, and representatives from the Montana State Fund, Leavitt Great West Insurance, Park County Emergency Management, and other community leaders.  

    Community Closet also received a grant-funded 24-bushel lift basket from Montana State Fund’s ACE (Assisting Charitable Endeavors) Program which will further enhance safety and prevent injury. Community Closet is dedicated to safety in the workplace for our employees, volunteers, and shoppers, including safety education about donated products and announcements about product recalls and items like unsafe baby products.

    Thanks again to everyone who makes this powerful program run and to all those who participated and supported Community Closet in becoming a WorkSafe Montana Champion!

    Learn more about Community Closet

    Everything We Do Does More: MSF Brand Refresh

    It was the culmination of nearly a year, but on April 30, 2018, Montana State Fund kicked off our brand refresh celebration. With the kick off came a refreshed mission, vision, guiding values and logo.

    These new elements were driven and created by our employees. This refresh is the promise that we make and the reflection of everything we do, everything we say, how we say it and how we do it. It’s our reputation, both in the services we provide and as an employer.

    Our Mission
    We partner with employers and their employees to care for those injured on the job and we champion a culture of workplace safety for our fellow Montanans.

    Our Vision
    To be an indispensable partner in achieving a safer, healthier and more prosperous Montana.

    Our Six Guiding Values (Click for definitions)
    Do what’s right
    Deliver with heart
    Focus on what matters
    Succeed together
    Find a better way
    Take the long view

    In addition, we refreshed our logo. We replaced our former teal color with fresh blues, and highlighted the word Montana in our name. We also eliminated the diamond that formerly surrounded the SF, which now gives it a freer flowing feel.

    We are excited about this brand refresh and look forward to continuing our partnership with our customers and the people of Montana to make our state a safer, healthier and more prosperous to place live. Because in the end, everything we do together, does more.

    Welcome New Employees To The Team

    We are happy to introduce a number of new employees to the MSF Team. In the past few months we added five Customer Service Specialists, six Claims Examiner Trainees, a Safety Management Consultant and an Underwriter.  These team member look forward to working with you to ensure our customers have an exceptional customer experience. These new employees include: Customer Service Specialists Travis Brower Brenna Burgos Marika Davis Amanda May Glen Grover Claims Examiner Trainees Jenni Grovom Layla Bullington-Hines BriAnne King Andrew Pitsch Clare Stiennon Shelley Widhalm Safety Management Consultant (Kalispell) Tim Mayhak Underwriter Amber Jellison

    SJR27 – The Study of Montana’s Workers’ Compensation System

    The Economic Affairs Interim Committee is wrapping up its study (SJR 27) of the Montana workers’ compensation system and MSF structure. One meeting on SJ27 remains in September. Over the past year and a half, the Committee—made up of four democrats and four republicans (two of each from each chamber)—has heard from industry experts from across the country as well as Montana stakeholders. MSF has consistently held the position that we believe the current structure of a competitive workers’ compensation system is the best for Montana businesses and their employees – especially small businesses that have fewer market options. It is MSF’s position that over the course of the study, the facts and data have proven this to be the case. Based on the facts and data presented to the committee, various alternative concepts have been withdrawn from consideration. For instance, a competing concept was to eliminate MSF altogether and replace the guaranteed market with a high-risk pool. Despite unfounded claims to the contrary, MSF was able to produce data showing that under a high-risk pool scenario, many of Montana’s small businesses would see rate increases. For this reason, and others, the committee opted to abandon the “elimination” option. Current committee efforts are focused on making MSF look and operate more similar to a private insurance company. There are a few pieces of committee draft legislation in the works to accomplish these efforts:
    1. MSF exemption from the Montana Information Technology Act (MITA).
    2. Allow the State of Montana to explore a bidding process to cover state employees for workers’ compensation (exempting the university system and MSF).
    3. MSF exemption from state procurement.
    4. Election of a minority of MSF board members by MSF policyholders.
    We have not yet seen final language on any of these proposals. Therefore, MSF does not at this time have an official position on them. However, we can tell you that conceptually these are very similar to how private companies do business and certainly could go a long way to level the playing field. If you have any questions, please do not hesitate to reach out to one of your customer service specialists at 800-332-6102.  It is our goal to help you better inform your customers—our policyholders.

    Save the Date: Two Levels of Producer Trainings

    Over the years, Montana State Fund has been dedicated to providing exceptional trainings for our incoming agents and CSR’s. All new agents are required to attend a Producer Training before they can begin writing business with MSF. However; all agents, from the beginner to the experienced, are welcome to attend.   Everyone benefits from this 50,000 feet view of workers’ compensation. We will be offering this training again this fall in three locations: Billings, Missoula and Helena. Please mark your calendars – registration will open soon. Producer Training 101 – an introduction to Workers’ Compensation October 18 Billings – Double Tree October 23 Missoula – Wingate October 29 Helena – MSF We are excited to announce that a more advance training is coming your way! This is not a required training, but we encourage all folks to attend.  This training will focus on more advance technical topics and naturally build on the skills that you learned in our 101 training.   The structure will remain the same, covering safety, claims and policy.  We want you to be the expert! Producer Training 201 – Becoming your policyholders Trusted Advisor October 19 Billings – Double Tree October 24 Missoula – Wingate October 30 Helena – MSF If you have any questions about the trainings contact Heather Domme at 406-495-5455.

    Effective and Efficient Email Processes For Our Customers

    Did you know that you can send your servicing team new applications, change requests, and policy questions through email? For Select team policies (under $15,000 in manual premium) email stfselectcss@mt.gov.  For Premier team policies (over $15,000 in manual premium) email  stfcsspremier@mt.gov. Since these emails are monitored all day long, this is our preferred method of communication rather than emailing an individual who may be unexpectedly out of the office.  When sending a change request or question, please include the policy name and number in the subject line. You can also avoid mailing new application down payments by conveniently paying  on line. To submit, go to montanastatefund.com.  On the right hand tab click online payment, then choose Make a One Time Payment.

    2018 CSS/CSR Conference

    We are pleased to host our annual CSR – CSS Conference. This two-day event is a wonderful opportunity for our Customer Service Specialists and our agency Customer Service Representatives to learn and share from one another.

    Register Now

    Day 1 – Monday, October 1, 2018  9:00 a.m. – 11:00 a.m. Workers’ Comp 101 (Location – Montana State Fund)  11:30 a.m. Welcome Lunch (Location – Great Northern Hotel)  12:45 p.m. – 5:00 p.m. Continuing Education (Location – Great Northern Hotel) * Common Class Code Misconceptions * Policy and Renewal Essentials * MSF’s New Policy and Billing System Preview * MSF’s Rebrand and the Customer Experience  6:00 p.m. Dinner at the Great Northern Hotel  Day 2 – Tuesday, October 2, 2018  7:30 a.m. Continental Breakfast (Location – Great Northern Hotel)  8:00 a.m. – 12:15 p.m. Continuing Education (Location – Great Northern Hotel) * Ethics * Workers’ Comp Claims * Cyber Security * Safety in the Workplace We look forward to another productive conference. If you have questions, please contact Heather Domme (406) 495-5455.

    Rate Tier Exception Threshold on New Business Reduced from $15,000 to $5,000 for the 2019 Policy Year Beginning 7/1/18

    MSF  has reduced the account size required to qualify for an exception to the system assigned rate tier for new policies and for PY17 and PY18 renewal policies. If the account qualifies, MSF will manually calculate the rate tier to consider private carrier data or a combination of private carrier and MSF data. Beginning 7/1/18, MSF will override the system assigned rate tiers if the new or renewal business meets all the following required conditions: • The account must have 3 years of continuous coverage (i.e. 36 consecutive months counting backwards from the proposed effective date).   The coverage must be continuous, but can be obtained through private carrier data only or a combination of private carrier data and MSF data. • The new business account must be experience rated.  The submission must contain the current experience modification worksheet or an authorization letter for MSF to obtain it. • The account’s premium must be at least $5,000 as calculated by MSF3 (rate tier) multiplied by the experience modification factor.  Previously, MSF required the minimum account size to exceed $15,000. • The new business account must provide at least 3 years of currently valued loss runs with the submission. All changes are calculated and approved by MSF prior to binding coverage. You may choose to send us the required information at any time prior to the effective date of the policy for our review and potential price adjustment. If you have additional questions, please call Nick Hopkins, Director of Marketing and Business Development at (406) 495-5435 or Heather Domme, Marketing Service Specialist at (406) 495-5455.

    New Policy and Billing System Project Update

    MSF is approximately half-way through the development of the new policy and billing system. Erika Ayers, project manager, has the following to say: “Although a lot has been completed and achieved, there is still a substantial amount of work left to do.” “We constantly remind ourselves that this is a long-term, complex system being delivered and we are mindful that we need to keep our customers informed.  We plan to send out regular communications to keep our customers up to date on latest news and development of the system.” “In addition to the policy and billing components which MSF will be using, we are also building the access portal, through which agencies will interact with MSF.  The most significant change for agents is going to be access to information.” Some of the functionality that has been developed and that the team is currently working on includes:
    • The ability to submit applications online.
    • To offer multiple options of how a policy can be structured, such as,
      • Account : Policy
      • Account : Multiple Policies
      • Account: Policy with multiple legal entities (under evaluation)
    • The capability to make some policy updates online
    • To provide agencies with access to billing information including:
      • Billing/Payment History
      • Current Amount Due
    • A “Quick Quote” tool
    “Although our ‘Go-Live’ date is at least a year away, MSF is starting to address training plans.  Training will be provided to MSF’s staff and, as agencies are a key component of our plans, MSF will be identifying and meeting customers’ needs.” “Customers are also regularly consulted for their input on features and tools that they would like to see in the new policy and billing system.” MSF leaders, staff and the PBRI project team care about our customers’ and have a desire to help them by delivering a new policy and billing system that meets their needs.

    Safety Media Campaigns Awarded

    Montana State Fund received three communications awards at the recent AASCIF (American Association of State Compensation Insurance Funds) conference in Minneapolis.

    The awards include:
    1st place – Protect Your Parts: Young Worker Social media campaign. This campaign targeted young workers ages 16-24 through various social media channels including Facebook,

    3rd place – Work Hard. Be Safe. Head Home statewide media campaign. In addition to the TV and radio ads, this campaign included print ads, online newspaper ads, YouTube ads and Facebook ads.

    3rd place – Work Hard. Be Safe. Head Home radio/TV ads.

    Our media campaigns and communication tools are focused on informing and educating Montana’s employers and employees about the importance of safety. Go to our safety focused website safemt.com to view all of our commercials, safety educational videos and WorkSafe Champion profiles.

    New Medical Bill and Payment Vendor Coming

    Montana State Fund has entered into a contract with Rising Medical Solutions for medical bill review and payment services. During the next few months MSF will be working with Rising to insure that we have a seamless transition from ACS/Conduent. We anticipate the transition will be complete in December of this year. Our hope is that this implementation will be very smooth and not interrupt or change your business processes. Some of the enhancements that Rising offers are the ability to electronically bill, issue EFT payments and a faster, more streamlined process. You will be receiving updates and information from Montana State Fund and Rising in the coming months but, if you have any questions please do not hesitate to contact Michele Fairclough at 406-495-5362.

    Bill Status/Billing Changes/Resubmissions

    Bill Status
    Please contact Conduent (previously ACS) for Bill Status. Please give 30 days before seeking a bill status or sending in a rebill.  If you are not satisfied with the information from Conduent or have further questions that they are unable to answer, please call MSF.

    ACS/Conduent: 1-888-208-2116 or
    Email MSFBillReviewinquiries@conduent.com

    Montana State Fund
    Medical Auditors – 800-332-6012 ext 5011

    Bill Changes
    If a correction is made to a bill, please be sure the mark the bill as corrected, attach a copy of the Explanation of Review (EOR) if it has already been processed and the records if required.  The corrected bill should include any other lines that were billed with the corrected line even if they have been paid.  This keeps the integrity of the bill intact and makes it easier for processing the change.

    Resubmissions
    Please wait 30 days before resubmitting a bill for processing after the original submission has been sent unless you have already received an EOR. This allows Conduent ample time to process the bill and will prevent multiple bills for the same services from slowing down the processing function.  You can also call Conduent for a Bill Status check prior to resubmission to see if the bill is in review.

    If you are submitting a reconsideration request with additional information or for another reason, please attach a copy of the EOR with the information and/or indicate the reason for the request. Please do not use a highlighter to indicate items or changes as these will scan black.  Use a pen to “circle” or “star” an item you need noted.

    Send the requests to:

    Montana State Fund
    PO Box 4759
    Helena, MT  59604

    ICD-10 Diagnosis Codes

    MSF is still receiving a high number of incomplete ICD-10 diagnosis codes. ICD-10 has been in effect since 10/1/2015.  Most of the incomplete ICD-10 we receive are missing the 4th, 5th, 6th or 7th characters which add a level of specificity to each code.  Codes are 3 to 7 characters (alpha numeric) with a place holder character of X used in many codes to keep open for expansion for future updates.

    Correct and complete ICD-10 diagnosis codes are important to MSF for reporting requirements as well as having accurate information for meeting the needs of employers, injured workers and providers.

    Stand Up For Safety: September Safety Workshops

    Join Montana State Fund at our September safety workshops as we as we present, Stand Up for Safety. This training will give you the tools you need to help protect your employees from physical hazards and situational threats.

    Topics include:
    Ergonomics:  Ergonomics is more than buying your employees the same chairs or keyboards. It is the science of designing the job to fit each individual employee, rather than physically forcing the employee’s body to fit the job. In this session we will cover the practical implementation of a good ergonomic program and how your employees can benefit from it.

    Workplace Violence:  
    Violence in the workplace is not only physical assault, it can be any act where a person is threatened, intimidated or verbally abused either in or out of the workplace. In this section we will discuss types of violence, how to recognize potential violent situations and what actions you can take to minimize possible threats to your organization and your employees. We will review active shooters scenarios, enhancing personal situational awareness and proactive plans or policies.

    Dates and Locations
    September 5: Butte – La Quinta Inn
    September 6: Helena – Holiday Inn Express
    September 7:  Great Falls – Holiday Inn
    September 12:  Glasgow – Cottonwood Inn
    September 13: Miles City – Sleep Inn & Suites
    September 14: Billings – Hampton Inn West I90
    September 18: Bozeman – Best Western Gran Tree Inn (New Hotel Location)
    September 20: Kalispell – Hampton Inn
    September 21: Missoula – Best Western Grant Creek Inn

    Interested? Register Now. The free trainings take place from 8:30 am – Noon. If you have questions, call 800-332-6102 extension 5361 (Kirk Smith).

    Department of Labor & Industry Fee Schedule Updates

    The Department of Labor & Industry (DLI) updated the fee schedules effective 7/1/18:

    Professional Conversion Factors 2018

    Standard$63.50
    Anesthesia$66.97

                   Facility Base Rates 2018

    Hospital Inpatient$8,373.00
    Hospital Outpatient$   116.00
    Ambulatory Surgery Center$     87.00

    For additional information, please see the DLI website: http://erd.dli.mt.gov/.  Contact Celeste Ackerman at 406-444-6604.

    Physical Rehabilitation

    Physical, Occupational and Chiropractic therapies are the cornerstone for healing for many injured workers. This function plays an important role in getting workers back on the job and feeling better.  Department of Labor & Industry posts Instruction sets for physical rehabilitation (see below for website links).  These should be used in conjunction with the Montana Utilization and Treatment Guidelines (U&T) at http://mtguidelines.com/.

    Montana Professional Fee Schedule
    https://mtwc.optum.com/documentations/2018ProfessionalFeeScheduleInstructionFinalafterRules.pdf


    Montana Facility Fee Schedule

    http://erd.dli.mt.gov/Portals/54/Documents/Work-Comp-Claims/Medical-Regs/FacilityFeeSchedules/FY2019/2018FacilityFeeScheduleInstructionSet.pdf.

    Services should be within the Utilization and Treatment Guidelines at www.mtguidelines.com.

    If a physical therapy/modality is not listed in the Utilization and Treatment Guideline (U&T) or goes over the maximum threshold, services must be pre-authorized by Montana State Fund.   Treatment should be directly related to the accepted part of body unless pre-authorized.

    Timed Modalities (also applies to Facility services effective 7/1/2014) Services of less than 8 minutes when that is the only service performed during a visit is not billable. Time intervals are incremented in 15 minute units (base is 8 minutes):

    8-22 minutes =             1 unit

    23-37 minutes =           2 units

    38-52 minutes =            3 units

    53-67 minutes =           4 units etc

    When more than one service of a timed modality is performed in a single day, the total minutes of the service performed should be included in the patient record to substantiate the level of service. A total of 8 units of active and passive therapy may be billed per visit.  If active therapy is being applied, only two units of a passive modality may be included in the 8 units.

    Passive therapies (listed in U&T Guidelines) will be limited to 4 units per visit, if only passive therapy is being applied. Note:  Only 2 units may be billed if active therapy is being applied.

    All timed codes must have the time documented (in minutes) in the office notes submitted for each code billed for reimbursement.

    Therapy codes billed must have part of body documented or it must be clearly identified in a flow sheet or other attached documentation. If the procedures are clearly documented in the notes, a flow sheet is unnecessary. If the notes do not support the procedures billed but refers to a flow sheet then the flow sheet must be attached.

    Passive vs Active

    Passive modalities utilize a tool to cause an effect (i.e. electrical stimulation, hot/cold packs, iontophoresis, ultrasound, etc.).

    Passive therapeutic procedures are procedures that do not require energy on the part of the patient (i.e. massage, manual therapy, etc.) and are considered with the active therapy for purposes of the rule of Eights.


    Passive Modalities

    CPT CodeDescription
    97010Hot or cold packs – one or more regions
    97012Traction – mechanical
    97014Electrical stimulation (unattended)
    97016Vasopneumatic devices
    97018Paraffin bath
    97022Whirlpool
    97024Diathermy (e.g. microwave)
    97026Infrared
    97028Ultraviolet
    97032Electrical stimulation (manual) one or more areas, ea 15 minutes
    97033Iontophoresis, ea 15 minutes
    97034Contrast Baths, ea 15 minutes
    97035Ultrasound, ea 15 minutes
    97036Hubbard tank, ea 15 minutes
    97039Unlisted modality, specify type and time if constant attendance

    Active/Passive Therapeutic Procedures:

    CPT CodeDescriptionPassive or Active
    97110Therapeutic Procedure, 1 or more areas, each 15 minutes. Therapeutic exercises to develop strength, endurance, range of motion and flexibility.Active
    97112Neuromuscular re-educationActive
    97113Aquatic therapy with therapeutic exercisesActive
    97116Gait training (includes stair climbing)Active
    97124MassagePassive
    97139Unlisted therapeutic procedure. ** Passive or Active will depend upon the procedure.Passive or Active**
    97140Manual therapy, ea 15 minutes. NOTE: This is passive unless billed with an active procedure – in that case it would be considered active.Passive
    97150Therapeutic procedure(s), group (2 or more individuals)Active
    97530Therapeutic activities, direct (one-on-one) pt contact, ea 15 minutes.Active
    97532Development of cognitive skills to improve attention, memory, problem solving, direct (one-on-one) pt contact, ea 15 minutes.Active
    97533Sensory integrative techniques to enhance sensory processing and promote adaptive responses to environmental demands, direct (one-on-one) pat contact, ea 15 minutes.Active
    97535Self-care/home management training, direct (one-on-one) pt contact, ea 15 minutes.Active
    97537Community/Work reintegration training, direct (one-on-one) pt contact, ea 15 minutes.Active
    97542Wheelchair management ea 15 minutesActive
    97545Work hardening/conditioning, initial 2 hoursActive
    97546Work hardening/conditioning, ea addl hourActive
    9779997799 Unlisted physical medicine/rehabilitation service or procedure. **Passive or Active will depend upon the procedure.Passive or Active**
    98940Chiropractic manipulative treatment, spinal 1-2 regionsPassive
    98941Chiropractic manipulative treatment, spinal 3-4 regionsPassive
    98942Chiropractic manipulative treatment, spinal 5 regionsPassive
    98943Extraspinal, 1 or more regionsPassive

    Michael Neisinger v. New Hampshire Ins. Co.

    2018 MTWCC 9; WCC No. 2017-4143

     Neisinger Case

    Order Reversing in Part and Affirming in Part Order Directing a Medical Examination

    Summary:  Claimant appeals an Order from the DLI directing him to attend a § 39-71-605, MCA, examination with a psychiatrist and an orthopedist.  Claimant asserts that the DLI did not have jurisdiction to order him to attend an IME.  Claimant also asserts the Insurer, which has not authorized him to see a treating psychiatrist or psychologist, is “stacking the deck” with “hired guns,” and that Insurer foes not have good cause for multiple IMEs.  Insurer asserts that the DLI correctly ordered the examination with the psychiatrist because one of Claimant’s treating physician referred him to a psychiatrist or psychologist.  Insurer also asserts that the DLI correctly ordered the examination with the orthopedist because Claimant’s condition has changed.

    Held:  The DLI’s order is reversed in part and affirmed in part.  The DLI had jurisdiction.  However, Insurer does not currently have good cause for an IME with the psychiatrist.  Because of the potential for bias, an insurer may not force a claimant to attend an IME with a Psychiatrist of its choosing, who will provide no treatment.  To balance a claimant’s rights with an insurer’s rights, the insurer must first authorize a treating psychiatrist or psychologist.  Insurer has good cause for an IME with the orthopedist because Claimant’s condition has arguably changed, the previous IME was two years ago, and Claimant’s treating physicians can comment on the IME physician’s opinions.

    Independent Contractors: How Your Policyholder Can Avoid Liability

    Many employers use independent contractors to reduce the cost of their workers’ compensation insurance. However, simply calling a worker an independent contractor does not make them so and mistakes identifying them as such can be expensive. If your client hires a contractor without an effective Independent Contractor Exemption Certificate (ICEC), their wages will be added to their policy at audit and premium charged in full.  Also, all losses resulting from the injury of these workers will count towards adverse experience on their work comp policy and increase their work comp policy at renewal. The unexpected expense can be tragic. You can help your policyholder avoid unplanned liability by advising them to carefully handle how they hire and supervise independent contractors. To qualify as an independent contractor in Montana, a worker must be:
    • Free from control or direction.
    • Engaged in their own independently established business, occupation, trade or profession.
    • Hold an effective ICEC.
    The Montana Supreme Court has stated the following four factors are indicators of control in a working relationship:
    1. Evidence of control, including the right to control their daily activities.
    2. Furnishing of the worker tools and equipment for the work.
    3. Paying for the work in ways that show an employer/employee relationship.
    4. Have the right to fire at will (without contractual liability).
    Independent Contractor Exemptions Owners of a business that consider themselves independent contractors MUST either have workers’ compensation coverage on themselves or obtain an Independent Contractor Exemption Certificate. When approved, the ICEC exempts an individual from both workers’ compensation and unemployment insurance. A sole proprietor, working member of a partnership, member managed limited liability company or manager managed limited liability company (construction industry) may apply for the exemption. For more information about Independent Contractors and the ICEC go to the Montana Department of Labor website here.

    The Customer Experience – Together We Complete the Puzzle

    Customer Service has always been important at Montana State Fund. It’s one of our core competencies and has been part of our mission statement for years. Just as we’re refreshing our brand, we’re also refreshing our strategy on customer service.  Our focus now is the Customer Experience, or CX as it’s commonly known. The distinction between Customer Service and CX lies in looking beyond individual transactions, and instead concentrate on the customer’s entire journey with us. Exceptional service means providing superior guidance and assistance each time we interact with the customer, whether verbally, in writing, though advertising, or on our website. An exceptional Customer Experience is all of those touchpoints put together from the customer’s very first encounter with us to their very last – their end to end journey. Montana State Fund introduced the concept of CX last fall with a week-long celebration. The theme of our celebration was The Customer Experience – Together We Complete the Puzzle. The goal of the week was to help MSF staff recognize the role we all have in the CX puzzle.  The celebration focused on education of the foundations of service, with a different theme each day, including quizzes and prizes.  We also had interesting and motivational signage throughout the building, as well as fun games and rewards, all in keeping with the theme.  It was a great week with long lasting take away moments.  However, our focus on CX didn’t end there. Current efforts to increase CX include:
    • Focus on ease of doing business
    • Emphasize our competitive place in the market
    • The Policy Billing and Replacement Initiative (PBRI)
    • MSF brand refresh
    • Changing the vernacular during every day interactions with staff and strategic partners to highlight and embrace the term Customer Experience and what it means
    Additional ideas MSF is researching include:
    • CX onboarding for new employees
    • Classroom and online CX training
    • Leadership CX training
    • Making the week-long celebration an annual event
    At Montana State Fund we understand all of us impact our customers’ experience. We also understand our customers are all around us: from our co-workers, to our policyholders and injured employees, to our strategic partners in agency offices all over the state. We look forward to the opportunity to work with you to strengthen your, and your client’s, Customer Experience!

    Ease of Doing Business (EODB)

    For the last eighteen months, we have been collecting your ideas on how to find a better way to work together. We have used those suggestions to guide our efforts to improve the ease of doing business with Montana State Fund. This is a summary of MSF’s newest procedures resulting from that work. Secretary of State Registration
    • Quotes can now be created without verification of registration with Secretary of State.
    • Policies without registration can be bound as either a sole proprietorship or partnership.
    • Unfortunately, all other policies must be registered for enrollment. If the policyholder is not a viable approved business, it is difficult to collect unpaid premium after default.
    WOS – Waiver of Subrogation
    • Our questionnaire is no longer required nor are there additional questions.  We have simplified the process to require only minimal information.  The only information required is entity name, mailing address and the effective date of the waiver.
    CCA – Construction Credit Application
    • We no longer require an owner’s signature. Any authorized signature will now be accepted.
    • Our CSSs will now call for clarification on applications where information is needed.
    • We have created a dispute resolution process if the dispute is received within 60 days of determination.
    Prior Policy
    • Quotes can now be issued with prior unreconciled policies; enrollment will still require reconciliation.
    Reinstatements
    • We now allow 2 reinstatements (versus one) within policy year.
    • We will automatically reinstate a policy if overdue premium or payroll reports are received within 5 days of cancellation. Under these circumstances, we will reinstate an unlimited number of times (and they don’t count towards your 2 reinstatement limit above.)
    Rate Tier Exception (effective 7/1/18)
    • Rate Tier Exceptions are now possible for policies as low as $5,000.
    • In order to qualify for this consideration, the account must have 3 years of continuous overage.
    • It must be experience rated.
    • The account premium must be at least $5,000 as calculated by MSF3 rate tier.
    • If the account qualifies, MSF will manually calculate the rate tier. The exception can only lower the rate tier. Information submitted for consideration that increases the rate tier will be ignored.

    Save the Date For MSF’s 2018 CSS/CSR Conference: Monday, October 1 – Tuesday, October 2, 2018

    Montana State Fund is pleased to host our annual CSR – CSS Conference. This two-day event is a wonderful opportunity for our Customer Service Specialists and our agency Customer Service Representatives to learn and share from one another.  Day 1 – Monday, October 1, 2018   9:00 a.m. – 11:00 a.m. Workers’ Comp 101 (Location – Montana State Fund)   11:30 a.m. Welcome Lunch (Location – Great Northern Hotel)   12:45 p.m. – 5:00 p.m. Continuing Education (Location – Great Northern Hotel) * Common Class Code Misconceptions * Policy and Renewal Essentials * MSF’s New Policy and Billing System Preview * MSF’s Rebrand and the Customer Experience   6:00 p.m. Dinner at the Great Northern Hotel   Day 2 – Tuesday, October 2, 2018   7:30 a.m. Continental Breakfast (Location – Great Northern Hotel)   8:00 a.m. – 12:15 p.m. Continuing Education (Location – Great Northern Hotel)  * Ethics * Workers’ Comp Claims * Cyber Security * Safety in the Workplace We look forward to another productive conference.  If you have questions, please contact Heather Domme (406) 495-5455

    MSF Brand Refresh Kicks Off

    It was the culmination of nearly a year, but on April 30, MSF employees kicked off our brand refresh celebration. With the kick off came a refreshed mission, vision, guiding values and logo. These new elements were created by our employees, for our employees and customers. The new brand refresh is the promise that we make and the reflection of everything we do, everything we say, how we say it and how we do it. It’s our reputation, both in the services we provide and as an employer. It will serve as a guide for the decisions we make, and for our own behaviors as individuals, as teams and as an organization. Our Mission We partner with employers and their employees to care for those injured on the job and we champion a culture of workplace safety for our fellow Montanans. Our Vision To be an indispensable partner in achieving a safer, healthier and more prosperous Montana. Our Six Guiding Values Do what’s right Deliver with heart Focus on what matters Succeed together Find a better way Take the long view In addition, we refreshed our logo. We replaced the teal color with fresh blues, and highlighted the word Montana in our name. We also eliminated the diamond that formerly surrounded the SF, which now gives it a freer flowing feel. We hope to have all of our forms, online materials etc. updated with our new look and feel by December 31, 2018. In the meantime, if you have any materials that use our old logo, we are happy to update them for your or we can send you the appropriate formatted logos. Please contact Heather Domme with your changes. We are excited about this brand refresh and look forward to continuing our partnership with you to make Montana a safer, healthier and more prosperous to place live. Because everything we do together, does more.

    Medical Review Status

    A Request for Proposal (RFP) for medical bill review services was issued on November 1, 2017.  All submitted proposals received have been reviewed.  MSF is currently in the final selection process and will update providers once a decision has been made.  As stated before, MSF will work to make the process as seamless as possible as we transition to the new Bill Review vendor.

    If you have further questions, contact Michele Fairclough at 406-495-5362.

    Stress Claims. Yarborough vs. Montana Municipal Insurance Authority

    On June 28, 1996, the Workers’ Compensation Court entered findings of fact, conclusions of law and judgment denying Petitioner/Appellant Joe Yarborough (Yarborough) compensation and medical benefits for an alleged work-related injury aswell as attorney fees, costs and a penalty. Yarborough appeals only that portion of the judgment denying him compensation and medical benefits for his alleged work-related injury. Read more.

    No Highlighters Please

    Please do not use a highlighter to draw attention to pertinent information as it turns black during the scanning process. Use a black or blue pen and “star”, circle or underline to indicate the information that is being referenced.  Do not use a red pen as the scanner drops anything that is in red or pink. We appreciate your help on this.

    Resubmissions/Corrections/Records

    CORRECTED BILLS
    When submitting a corrected bill (CMS 1500 or UB04), please mark the bill “CORRECTED BILL” to indicate that there has been a change to the original billing. Please include a copy of the EOR and any records to support the charges.

    RESUBMISSIONS
    If multiple services were billed on a CMS 1500 but not all services were paid, please resubmit the original bill with the additional information or reason that you are requesting reconsideration. Do not bill those lines on a new bill or add them to a new billing.  This will maintain the integrity of the original billing and reduce denials for duplicate charges.  Submit your request with a copy of the EOR and records or information to support the request.

    ADDITIONAL RECORDS
    When submitting additional records, please attach a copy of the bill, the EOR and the request for reconsideration and mail to:

    MONTANA STATE FUND
    PO BOX 4759
    HELENA, MT  59604

    Please Complete ICD-10

    ICD-10 diagnosis codes are extremely important to MSF for a variety of reasons. We continue to receive bills with incomplete codes.  ICD-10 codes are 3-7 characters (alpha and numeric).  Some codes require a 6th or 7th character in order to be complete.   Codes that require additional characters in order to be complete are indicated in the ICD-10 manual with a check mark inside a red box.  Make sure when submitting your bills that the complete ICD-10 code has been chosen.

    Register for Medical Conference Today

    Evidence Based Medicine: New Opportunities to Improve Outcomes is the theme for Montana State Fund’s 18th annual medical conference, May 31 – June 1, 2018 in Helena.

    Topics for the event include:

    • Lumbar Fusion in Workers’ Compensation
    • Hot Clinical Topics: CRPS, PTSD, Concussion
    • The Ethical Dilemma: Patient Advocacy and Medical Science
    • Epidemiology in the Courtroom
    • ODG Guidelines
    • Orthopaedic Updates of Interest
    • Causation Utilizing Evidence-Based Medicine
    • AMA Guides
    • Current Topics in the Worker’s Compensation Court

    View the full agenda

    Continuing education credits, continuing medical education (CME) and other continuing education credits will be available.


    Registration costs include:

    • One Day Registration = $160 (Thursday 5/31 or Friday 6/1)
    • Full Conference Registration = $190
    • Conference Day Registation = $225

    For more details, or to register, go to medical conference website.

    If you need additional information please contact, Shannon Hadley, Provider Relations Specialist or call 406-495-5245

    Welcome Customer Service QA Specialist/ Underwriter 1

    Congratulations to Deb Brotherton for her promotion to Customer Service QA Specialist/ Underwriter 1. Deb has 26 years of underwriting experience, both with MSF and other workers’ compensation carriers.  She has served in the quality assurance role for 4 years, assisting our Customer Service Specialists with a variety of technical questions and issues. In her new role, Deb will join the underwriting team and report directly to Suzie Shute.  She will also continue to ensure the quality of services provided to customers and agents by our customer service specialists. Please join us in congratulating Deb on her promotion.    

    New Business Submissions

    It’s that time of year again.  Your service team is preparing to receive your July renewal and new business submissions. We will begin to accept July 1, 2018 new business quotes starting March 1, 2018. Your Customer Service Specialist can assist with any questions you have regarding the July renewal season.  

    MSF CIO Gives Context to PBRI Project and Its Guiding Principles

    We asked Al Parisian, CIO and PBRI project sponsor, to discuss the PBRI Project and its Guiding Principles; he puts these into context: “Montana State Fund’s current policy system (PHS) was implemented in 1997, and it has served the business well.  But it is an old-technology policy system designed for simpler times, and it is generally just a policy system.  Today our customers team developed a set of guiding principles.  These Guiding Principles are guideposts to ensure that our daily decisions and actions do serve the long term success of policyholders and employees … that employers will have useful insurance options and our employees’ skills will stay current far into the future. With such a long-term project and long-range implications, our Guiding Principles Compass is an important constant reminder to us to keep all 360 degrees of our principles in mind with every decision we make. “Together, we are building a platform that leverages our competitive advantage today and allows us to maintain it going forward.  Our customers will enjoy better and easier to use insurance products, dealing with the best informed insurance staff possible.  And we are doing this in the context of MSF’s own Mission, Vision, and Guiding Values. “I want every employee and customer to know that whatever the future holds for MSF and the Montana Workers’ Compensation marketplace, PBRI will give MSF the tools to deliver the best service on current products with well-equipped employees.”

    Industry Research Leads the Way to Innovation

    “Our purpose is to find ways that make life easier for MSF staff, enhance the ease of doing business for MSF business partners, and create a ‘wow’ factor in the customer experience for policyholders,” says Theresa Bonin, lead analyst for Industry Research. “Any time an organization experiences a major change, there’s a great opportunity to pull up and take a look at how we’re doing business and why we’re doing things the way that we are. MSF wants to be a differentiator in the marketplace and putting a new system in place, like the new Policy and Billing system, creates the perfect opportunity to be innovative” says Bonin. The words ‘best practices’, ‘industry best practices’, and ‘industry research’ have been resonating around the PBRI project office for a while. Bonin clarifies this effort: “what we’re doing is “Industry Research”. In essence, it means that we get to understand what other carriers are doing and introduce what makes sense for MSF. Our research helps MSF to choose and adopt more widely accepted business processes that are a best fit for the organization. Using the platform created by the new policy and billing system, improved business processes are a leverage to enhance MSF’s customer experience, at the same time making life easier for MSF staff.” Currently there are 10 key focus areas that have been identified for industry research but Bonin is calling for more “No one knows the customer better than the front line staff. If you have ever wondered why you are doing something, keep hearing customers complain about a certain process, or have an idea on how to do something more efficiently and effectively – please don’t be shy…come share your thoughts.” Simply put, the way that this process works is as follows:
    • A Research Request is registered.
    • A set of questions is established.
    • Industry research is conducted by talking to industry contacts, review what other workers’ compensation carriers (peer and national) are doing in the marketplace, Agency Partner Council members (APC), and industry analysts.
    • Information and feedback is collected and analyzed.
    • Recommendations, based on ‘best fit’ to MSF and the new policy billing system, are presented to the PBRI Executive Sponsors. ‘Best fit’ is a balancing act between doing business more efficiently, more effectively, and ensuring regulatory compliance.
    • When a recommendation is accepted, it is moved to the implementation team to build out the guidelines and procedures to operationalize the recommendation.
    Therese Bonin can be contacted at tbonin@mt.gov.

    Save the Date: Spring Producer Trainings

    Montana State Fund invites you to attend our next producer training class.   For your convenience, we have scheduled classes in Billings, Missoula and Helena.  We have updated the curriculum.  It will continue to provide the most up-to-date information about workers’ compensation coverage, but with a refreshed approach. All new agents are required to attend a producer training before they can begin writing business for MSF. However, anyone can attend to refresh their workers’ compensation knowledge and skills. Producer Training Sessions HelenaApril 19, 2018 MissoulaApril 24, 2018 BillingsMay 3, 2018 To sign up, please go to the Montana State Fund agent portal. *Training begins at 10 in the morning and continues until 3:30 pm and lunch will be provided. This training is approved for 5 continuing educational credits.  More Advanced Training Coming Soon Our team is also developing a more advanced elective training curriculum. This training will target agents that have been in the industry for a few years.  It will focus on more advanced technical topics and naturally build on the skills that you learned in your initial producer training.  Training dates and locations will be announced as soon as the training is available.

    Updated Agent Locator

    We have updated the Agent locator on the MSF Portal. This is a place where potential policyholders, and current policyholders, can go and view appointed agencies within MSF. All addresses should be correct, and all agencies are listed in alphabetical order. We have laid out the page in three columns so more names can be visible at first glance. We have also attached a link to the agencies websites for easier access to company info. You can view the Agent Locator by clicking on “I am an Agent” in the drop down.  Then Click: “Agent Resources” Under Agent Tools, you will find the locator.  You can view agencies by city. If you have any questions, please reach out to the MSF Marketing Department.

    Revised ‘Producer of Record’ (POR) letter

    We have made a minor change to the POR letter. At times the signature is illegible, and our CSS’s are unable to read the owners name.  The new revision adds a line after the existing signature to also print their name.  Please update your documents to have the new POR letter on file.  This new form, approved by the Montana State Auditor’s Office, will replace the old form which will no longer be in use. Please download the new POR Letter and save it for your records. You can also access the letter on our agent portal under documents and forms. Thank you for your understanding. If you have any questions, please contact your Marketing Department.

    2017 Special Session Recap

    In November 2017, Governor Bullock called a special session of the Montana legislature to address a large budget shortfall caused by declining revenues and a historic fire season. In his proclamation, the Governor outlined several proposals to address those budget issues. One of those proposals became Senate Bill 4 (SB4), an act providing for a 3% management rate on certain portfolios managed by the Board of Investments (BOI). The criteria applied only to accounts with an average asset balance in excess of $1B and the average asset balance must have contained sufficient funds to offset all liabilities as determined by the most recent actuarial study. Montana State Fund’s (MSF) asset portfolio is the only portfolio managed by BOI that met the required criteria, resulting in a $30M fee being assessed on MSF’s policyholder equity. That fee will be payable in two payments—approximately $15M in 2018 and $15M in 2019. MSF initially challenged the legality of SB4, filing a complaint in District Court the day after passage. The MSF Board of Directors later reconsidered the action and withdrew the complaint citing concern of the optics surrounding the challenge and expressing a desire to work with the legislature and elected officials. Following the dismissal of the MSF complaint, a group of policyholders filed a complaint for declaratory judgment in the 20th Judicial District Court in Polson. The policyholder complaint seeks to invalidate SB4 based primarily on constitutional grounds. AS IT PERTAINS TO MSF POLICYHOLDERS SB4 mandates that MSF cannot consider the assessed management fees when determining the rates charged to policyholders or in declaring a dividend. By law, dividends cannot be guaranteed. They are the result of strong financial performance, the board of directors’ discretion, and each policyholder’s safety record. Dividends may still fluctuate based on other factors, such as the safety experience of a specific organization but cannot consider the impact of SB4. Since 1999, MSF has returned more than $216M to policyholders through our dividend program. Doing so allows MSF to incentivize safety in the workplace. The $40 million dividend declared and paid in 2017 was a 28% return of premium to those 23,000 policies receiving the dividend. MSF’s dividend program remains unchanged and MSF remains a financially strong organization despite the passage of SB4. QUESTIONS? If you or any of your policyholders have questions regarding this matter, please do not hesitate to contact the MSF legal department at (406) 495-5201 or kgowen@montanastatefund.com.

    Save the Date: MSF Medical Conference

    Evidence-Based Medicine: New Opportunities to Improve Outcomes is the theme for this year’s annual Montana State Fund medical conference. The one-and-a-half day event will take place at Helena’s Radisson Colonial Hotel, May 31 – June 1, 2018.

    Medical, pharmacy, claims and legal professionals are encouraged to attend.

    Topics include:

    • Lumbar Fusion in Workers’ Compensation
    • Hot Clinical Topics: CRPS, PTSD, Concussion
    • The Ethical Dilemma: Patient Advocacy and Medical Science
    • Epidemiology in the Courtroom
    • ODG Guidelines
    • Orthopaedic Updates of Interest
    • Causation Utilizing Evidence-Based Medicine
    • AMA Guides
    • Current Topics in the Worker’s Compensation Court

    To learn more about the conference go to montanastatefund.com or contact MSF Provider Relations Specialist, Shannon Hadley, at 406-495- 5245.