New Notification Requirements For When Workers Become Medically Stationary
By Karen S. Varney, Attorney at Law
In a world of seemingly endless rules and deadlines, Oregon workers’ compensation law has been uncharacteristically vague regarding specific requirements addressing insurers’ notice obligations when workers become medically stationary. Revised OAR 436-010-0270(1)(c) strives to alleviate some of the ambiguity. Beginning April 1, 2026, insurers will be required to act within a specific timeframe, as well as provide notice of a worker’s medically stationary status to a broader scope of medical providers.
As of April 1, 2026, in disabling and nondisabling claims, within seven days notice or knowledge that the worker is medically stationary, the insurer must notify the worker, the attending physician, and all actively treating ancillary care providers in writing which medical services remain compensable. This notice must list all benefits the worker is entitled to receive under ORS 656.245(1)(c). For the purpose of this rule, actively treating ancillary care providers means ancillary care providers who have submitted a current treatment plan to the insurer as required by OAR 436-010-0230. OAR 436-010-0270(1)(c).
The new language replaces the older language that simply stated, “immediately following” notice or knowledge that the worker is medically stationary, the insurer must notify the worker and the attending physician or authorized nurse practitioner in writing which medical services remain compensable. We now have a specific deadline (seven days), and we must also advise all actively treating ancillary care providers (defined as those who have submitted a current treatment plan to the insurer). Ancillary service providers include, but are not limited to, physical or occupational therapists, chiropractic or naturopathic physicians, and acupuncturists. When an attending physician or specialist physician or authorized nurse practitioner prescribes ancillary services, unless an MCO contract specifies other requirements, the ancillary provider must prepare a treatment plan before beginning treatment. OAR 436-010-0230(7).
The attorneys at Reinisch Wilson are here to help you navigate the ever evolving landscape of claim closures. As aways, we welcome the opportunity to discuss the nuances of your specific claims processing scenarios.