Chapter DWD 81

DWD 81.12(3)(d)4.c. c. Nonunion or malunion of a fracture.

DWD 81.12(3)(e) (e) Lateral ligament ankle reconstruction.

DWD 81.12(3)(e)1. 1. A health care provider may perform ankle reconstruction surgery involving the lateral ligaments for any of the following diagnoses:

DWD 81.12(3)(e)1.a. a. Chronic ankle instability, ICD-9-CM code 718.87.

DWD 81.12(3)(e)1.b. b. Grade III sprain, ICD-9-CM codes 845.0 to 845.09.

DWD 81.12(3)(e)2. 2. In addition to one of the diagnoses in subd. 1., all of the clinical findings in subd. 3. shall be satisfied for a lateral ligament ankle reconstruction. For initial nonsurgical care, the patient shall have received an adequate course of initial nonsurgical care, including one of the following:

DWD 81.12(3)(e)2.a. a. Immobilization with support, cast, or ankle brace.

DWD 81.12(3)(e)2.b. b. A physical rehabilitation program that follows immobilization with support, cast, or ankle brace.

DWD 81.12(3)(e)3. 3. The patient’s clinical findings shall include all of the following:

DWD 81.12(3)(e)3.a. a. The patient gives a history of ankle instability and swelling.

DWD 81.12(3)(e)3.b. b. There is a positive anterior drawer sign on examination.

DWD 81.12(3)(e)3.c. c. There are positive stress X-rays identifying motion at ankle or subtalar joint with at least a 15 degree lateral opening at the ankle joint, or demonstrable subtalar movement, and negative to minimal arthritic joint changes on X-ray, or ligamentous injury is shown on magnetic resonance imaging scan.

DWD 81.12(3)(e)4. 4. Prosthetic ligaments are not necessary for the treatment of lateral ligament ankle reconstruction.

DWD 81.12 History History: CR 07-019: cr. Register October 2007 No. 622, eff. 11-1-07.

DWD 81.13 DWD 81.13 Chronic management.

DWD 81.13(1) (1) Scope. This section applies to chronic management of all types of physical injuries, even if the injury is not specifically governed by this chapter. If a patient continues with symptoms and physical findings after all appropriate initial nonsurgical and surgical treatment has been rendered, and if the patient’s condition prevents the resumption of the regular activities of daily life including regular vocational activities, then the patient may be a candidate for chronic management. The purpose of chronic management is twofold: the patient should be made independent of health care providers in the ongoing care of a chronic condition; and the patient shall be returned to the highest functional status reasonably possible.

DWD 81.13(1)(a) (a) Personality or psychological evaluation may be necessary for patients who are candidates for chronic management. A treating health care provider may perform this evaluation or may refer the patient for consultation with another health care provider in order to obtain a psychological evaluation. These evaluations may be used to assess the patient for a number of psychological conditions that may interfere with recovery from the injury. Since more than one of these psychological conditions may be present in a given case, a health care provider performing the evaluation shall consider all of the following:

DWD 81.13(1)(a)1. 1. Is symptom magnification occurring?

DWD 81.13(1)(a)2. 2. Does the patient exhibit an emotional reaction to the injury, such as depression, fear, or anger, that is interfering with recovery?

DWD 81.13(1)(a)3. 3. Are there other personality factors or disorders that are interfering with recovery?

DWD 81.13(1)(a)4. 4. Is the patient chemically dependent?

DWD 81.13(1)(a)5. 5. Are there any interpersonal conflicts interfering with recovery?

DWD 81.13(1)(a)6. 6. Does the patient have a chronic pain syndrome or psychogenic pain?

DWD 81.13(1)(a)7. 7. In cases in which surgery is a possible treatment, are psychological factors likely to interfere with the potential benefit of the surgery?

DWD 81.13(1)(b) (b) Any of the chronic management modalities of sub. (2) may be used singly or in combination as part of a program of chronic management.

DWD 81.13(1)(c) (c) No further passive treatment modalities or therapeutic injections are necessary, except as otherwise provided in ss. DWD 81.06 (3) (b), 81.07 (3) (b), 81.08 (3) (b), and 81.09 (3) (b).

DWD 81.13(1)(d) (d) No further diagnostic evaluation is necessary unless there is the development of symptoms or physical findings that would in themselves warrant diagnostic evaluation.

DWD 81.13(1)(e) (e) A program of chronic management shall include appropriate means by which use of scheduled medications can be discontinued or severely limited.

DWD 81.13(2) (2) Chronic management modalities.

DWD 81.13(2)(a) (a) Home-based exercise programs. Home-based exercise programs consist of aerobic conditioning, stretching, and flexibility exercises, and strengthening exercises done by the patient on a regular basis at home without the need for supervision or attendance by a health care provider. Maximum effectiveness may require the use of certain durable medical equipment that may be prescribed within any applicable treatment guidelines in ss. DWD 81.06 to 81.10.

DWD 81.13(2)(a)1. 1. ‘Indications.’ Exercise is necessary on a long-term basis to maintain function.

DWD 81.13(2)(a)2. 2. ‘Guidelines.’ The patient shall receive specific instruction and training in the exercise program. Repetitions, durations, and frequencies of exercises shall be specified.

DWD 81.13(2)(a)3. 3. ‘Treatment.’ Treatment period is one to 3 visits for instruction and monitoring.

DWD 81.13(2)(b) (b) Health clubs.

DWD 81.13(2)(b)1. 1. ‘Indications.’ The patient is deconditioned and requires a structured environment to perform prescribed exercises. A health care provider shall document the reasons why reconditioning may not be accomplished with a home-based program of exercise.

DWD 81.13(2)(b)2. 2. ‘Guidelines.’ The program shall have specific prescribed exercises stated in objective terms, for example “30 minutes riding stationary bicycle three times per week.” There shall be a specific set of prescribed activities and a specific timetable of progression in those activities, designed so that the goals can be achieved in the prescribed time. There shall be a prescribed frequency of attendance and the patient shall maintain adequate documentation of attendance. There shall be a prescribed duration of attendance.

DWD 81.13(2)(b)3. 3. ‘Treatment.’ Treatment period is 13 weeks. Additional periods of treatment at a health club are not necessary unless there is documentation of attendance and progression in activities during the preceding period of treatment. If the employer has an appropriate exercise facility on its premises the insurer may mandate use of that facility instead of providing a health club membership.

DWD 81.13(2)(c) (c) Computerized exercise programs. Computerized exercise programs utilize computer-controlled exercise equipment that allows for the isolation of specific muscle groups and the performance of graded exercise designed to increase strength, tone, flexibility, and range of motion. In combination with computerized range of motion or strength measuring tests, these programs allow for quantitative measurement of effort and progress.

DWD 81.13(2)(c)1. 1. ‘Indications.’ The patient is deconditioned and requires a structured environment to accomplish rehabilitation goals. A health care provider shall document the reasons why reconditioning may not be accomplished with a home-based program of exercise.

DWD 81.13(2)(c)2. 2. ‘Guidelines.’ The program shall have specific goals stated in objective terms, for example “improve strength of back extensors 50%.” There shall be a specific set of prescribed activities and a specific timetable of progression in those activities, designed so that the goals may be achieved in the prescribed time. There shall be a prescribed frequency and duration of attendance.

DWD 81.13(2)(c)3. 3. ‘Treatment.’ Treatment period is 6 weeks. Additional periods of treatment are not necessary unless there is documentation of attendance and progression in activities during the preceding period of treatment.

DWD 81.13(2)(d) (d) Work conditioning and work hardening programs. Work conditioning and work hardening programs are intensive, highly structured, job oriented, individualized treatment plans based on an assessment of the patient’s work setting or job demands, and designed to maximize the patient’s return to work. These programs shall include real or simulated work activities. Work conditioning is designed to restore an individual’s neuromusculoskeletal strength, endurance, movement, flexibility, motor control, and cardiopulmonary function. Work conditioning uses physical conditioning and functional activities related to the individual’s work. Services may be provided by one discipline of health care provider. Work hardening is designed to restore an individual’s physical, behavioral, and vocational functions within an interdisciplinary model. Work hardening addresses the issues of productivity, safety, physical tolerances, and work behaviors. An interdisciplinary team includes professionals qualified to evaluate and treat behavioral, vocational, physical, and functional needs of the individual.

DWD 81.13(2)(d)1. 1. ‘Indications.’ The patient is disabled from usual work and requires reconditioning for specific job tasks or activities and the reconditioning cannot be done on the job. A health care provider shall document the reasons why work hardening cannot be accomplished through a structured return to work program. Work conditioning is necessary when only physical and functional needs are identified. Work hardening is necessary when, in addition to physical and functional needs, behavioral, and vocational needs are also identified that are not otherwise being addressed.

DWD 81.13(2)(d)2. 2. ‘Guidelines.’ The program shall have specific goals stated in terms of work activities, for example “able to type for 30 minutes.” There shall be an individualized program of activities and the activities shall be chosen to simulate required work activities or to enable the patient to participate in simulated work activities. There shall be a specific timetable of progression in those activities, designed so that the goals may be achieved in the prescribed time. There shall be a set frequency and hours of attendance and the program shall maintain adequate documentation of attendance. There shall be a set duration of attendance. Activity restrictions shall be identified at completion of the program.

DWD 81.13(2)(d)3. 3. ‘Treatment.’ The treatment period for a work conditioning or work hardening program is 6 weeks. Additional periods of treatment are not necessary unless there is documentation of attendance and progression in activities during the preceding period of treatment or unless there has been a change in the patient’s targeted return to work job that necessitates a redesign of the program.

DWD 81.13(2)(e) (e) Chronic pain management programs. A chronic pain management program consists of a multidisciplinary team who provides coordinated, goal-oriented services to reduce pain, disability, improve functional status, promote return to work, and decrease dependence on the health system of persons with chronic pain syndrome. A pain management program shall provide physical rehabilitation, education on pain, relaxation training, psychosocial counseling, medical evaluation, and, if necessary, chemical dependency evaluation. The program of treatment shall be individualized and based on an organized evaluative process for screening and selecting patients. Treatment may be provided in an inpatient setting, outpatient setting, or both as appropriate.

DWD 81.13(2)(e)1. 1. ‘Indications.’ The patient is diagnosed as having a chronic pain syndrome.

DWD 81.13(2)(e)2. 2. ‘Guidelines.’ An admission evaluation shall be performed by a health care provider. The evaluation shall confirm the diagnosis of chronic pain syndrome and a willingness and ability of the patient to benefit from a pain management program. There shall be a specific set of prescribed activities and treatments and a specific timetable of progression in those activities. There shall be a set frequency and hours of attendance and the program shall maintain adequate documentation of attendance. There shall be a set duration of attendance.

DWD 81.13(2)(e)3. 3. ‘Treatment.’ Treatment period is for initial treatment, a maximum of 20 eight-hour days, though fewer or shorter days may be used, and a maximum duration of 4 weeks no matter how many or how long the days prescribed. For aftercare, a maximum of 12 sessions is allowed. Only one completed pain management program is necessary for an injury.

DWD 81.13(2)(f) (f) Individual or group psychological or psychiatric counseling.

DWD 81.13(2)(f)1. 1. ‘Indications.’ A personality or psychosocial evaluation has revealed one or more of the problems listed in sub. (1) (a) that interfere with recovery from the physical injury, but the patient does not need or is not a candidate for a pain management program.

DWD 81.13(2)(f)2. 2. ‘Guidelines.’ There shall be a specific set of goals based on the initial personality or psychosocial evaluation and a timetable for achieving those goals within the prescribed number of treatment or therapy sessions. There shall be a prescribed frequency of attendance and a treating health care provider shall maintain adequate documentation of attendance. There shall be a prescribed duration of treatment.

DWD 81.13(2)(f)3. 3. ‘Treatment.’ Treatment period is a maximum of 12 sessions. Only one completed program of individual or group psychological or psychiatric counseling is necessary for an injury.

DWD 81.13 History History: CR 07-019: cr. Register October 2007 No. 622, eff. 11-1-07.

DWD 81.14 DWD 81.14 Health care provider advisory committee.

DWD 81.14(1) (1) The department shall establish a health care services provider committee to advise the department and the council on worker’s compensation on modification of the treatment standards under this chapter. The administrator of the worker’s compensation division shall serve as chairperson. The committee shall consist of 14 members, including 6 medical doctors of different specialties, 2 chiropractors, 2 hospital representatives, one registered nurse, one physical therapist, and 2 at-large members, all of whom are licensed in and practicing in Wisconsin and provide treatment under s. 102.42, Stats. The appointments to the committee shall be made from a consensus list of 24 names submitted by the Wisconsin Medical Society, Wisconsin Chiropractic Association, and the Wisconsin Hospital Association, except for the 2 at-large members, who shall be selected by the department.

DWD 81.14(2) (2) In modifying this chapter, the committee shall consider the following:

DWD 81.14(2)(a) (a) Clarifying the description of the guidelines under this chapter.

DWD 81.14(2)(b) (b) Updating the guidelines at least every 4 years to include new modalities of treatment, procedures, and treatment options for classes of injuries included in the guidelines.

DWD 81.14(2)(c) (c) Expanding the guidelines to cover new types and classes of injuries.

DWD 81.14 History History: CR 07-019: cr. Register October 2007 No. 622, eff. 11-1-07.