It’s official: California workers’ compensation has a new Medical-Legal Fee Schedule (MLFS).
The updated MLFS is effective for dates of service on or after April 1, 2021. For reference, below is a Medical-Legal “Cheat Sheet” with key reimbursement information and billing rules. Refer to this when billing for Medical-Legal services.
Below are the new Medical-Legal billing codes, with descriptions for the Medical-Legal services each code represents, and the accompanying reimbursement amounts. The new billing rules and reimbursements are effective for:
Billing Code |
Service/Description |
Reimbursement |
ML200 |
Missed Appointment: Missed appointment for a Comprehensive or Follow-Up Medical-Legal Evaluation |
$503.75 |
ML201 |
Comprehensive Medical-Legal Evaluation: All comprehensive medical-legal evaluations that do not qualify as follow-up or supplemental medical-legal evaluations |
$2,015 |
ML202 |
Follow-up Medical-Legal Evaluation: Follow-up medical-legal evaluation by a physician which occurs within eighteen months of the date on which a prior comprehensive medical-legal evaluation was performed by the same physician |
$1,316.25 |
ML203 |
Supplemental Medical-Legal Evaluation: Services for writing a report after receiving a request for a supplemental report from a party to the action, or receiving records that were not available at the time of the initial or follow-up comprehensive medical-legal evaluation |
$650.00 |
ML204 |
Medical-Legal Testimony (Time-Based): All itemized reasonable and necessary time spent related to the testimony, including reasonable preparation and travel time |
$113.75 for each 15-minute increment |
ML205 |
Sub Rosa Recording Review (Time-Based): Time spent reviewing sub rosa recordings |
$81.25 for each 15-minute increment |
MLPRR |
Record Review: Used to identify charges for review of records in excess of pages included in medical-legal numerical billing codes |
$3.00 per page* |
*See important information regarding record review under “Record Review Requirements” below.
Refer to the table below for important details regarding the application of each Medical-Legal billing code.
Billing Code |
Application Details |
ML200 |
Missed Appointment - Includes instances where: • The injured worker does not show up for the evaluation • The interpreter does not show up for the evaluation, precluding the evaluation • The injured worker leaves the evaluation before the completion of the evaluation • The injured worker is more than 30 minutes late for the appointment, and the QME is unable to continue with the scheduled QME appointment • The appointment is canceled within six business days of the scheduled appointment date |
ML201 |
Comprehensive Medical-Legal Evaluation - Includes all comprehensive medical-legal evaluations that do not qualify as either: • Follow-up Medical-Legal evaluations, or • Supplemental Medical-Legal evaluations |
ML202 |
Follow-up Medical-Legal Evaluation - Must be performed by a Qualified Medical Evaluator (QME), Agreed Medical Evaluator (AME), or the Primary Treating Physician (PTP) within 18 months following the evaluator's examination of the employee in a comprehensive Medical-Legal evaluation |
ML203 |
Supplemental Medical-Legal Evaluation - Fees are not allowed for supplemental reports:
• Following the physician's review of information which was available in the physician's office for review, or which was included in the medical record provided to the physician prior to preparing a comprehensive Medical-Legal report or a follow-up Medical-Legal report; or • Addressing an issue that a party to the action requested be addressed in a prior comprehensive Medical-Legal evaluation, follow-up Medical-Legal evaluation, or supplemental Medical-Legal evaluation |
ML204 |
Medical-Legal Testimony - For each quarter hour (rounded to the nearest quarter hour spent by the physician), the physician is reimbursed at the rate of $455/hour or his or her usual and customary fee, whichever is less.
The physician shall be paid a minimum of two hours for a deposition.
If a deposition is canceled fewer than 8 calendar days before the scheduled deposition date, the physician shall be paid a minimum of one hour for the scheduled deposition. |
ML205 |
Sub Rosa Recording Review - For each quarter hour (rounded to the nearest quarter hour spent by the physician), the physician is reimbursed at the rate of $325/hour or his or her usual and customary hourly fee, whichever is less.
If the sub rosa recordings are received by a physician prior to the issuance of a pending report related to a medical-legal evaluation, the physician may not also bill a supplemental report fee in connection with the review of the sub rosa material. |
MLPRR |
Record Review - “Record Review” means review by a physician of documents sent to the physician in connection with a medical-legal evaluation or request for report. The documents may consist of medical records, legal transcripts, medical test results, and/or other relevant documents. |
Record review under the new MLFS must conform to the following requirements in order to be compensable:
Below are the requirements for applying per-page record review billing code MLPRR, in conjunction with other Medical-Legal billing codes. When applying MLPRR, consider the following:
ML Code |
MLPRR Requirements |
ML200 |
Bill one unit of MLPRR for each page of records reviewed in excess of 200 pages, when the physician produces a record review report within 30 days of the date of the missed appointment
Any pages reviewed for this record review report will be excluded from the page count for reimbursement when the face-to-face or supplemental evaluation takes place. |
ML201 |
Bill one unit of MLPRR for each page of records reviewed in excess of 200 pages. |
ML202 |
Bill one unit of MLPRR for each page of records reviewed in excess of 200 pages.
The fee includes review of 200 pages of records that were not reviewed as part of:
• The initial comprehensive medical-legal evaluation, or • Any intervening supplemental medical-legal evaluations. |
ML203 |
Bill one unit of MLPRR for each page of records reviewed in excess of 50 pages. Records must be received as part of the request for the supplemental report. |
ML204 |
N/A: Time-Based |
ML205 |
N/A: Time-Based |
The new MLFS reworks the application of billing code modifiers -92 through -95, and adds modifiers -96, -97, and -98. Physicians may apply modifiers to codes ML201, ML202, and ML203.
Again, modifiers are not applicable to MLPRR for per-page record review.
Modifier |
Application |
-92 |
The evaluation was performed by a primary treating physician (PTP). Modifier -92 is strictly for identification purposes and does not alter reimbursement. |
-93 |
The evaluation required an interpreter, or other circumstances so impaired communication between patient and physician as to significantly increase the time necessary to conduct the evaluation.
-93 is applicable only to ML201 and ML202 |
-94 |
The evaluation was performed by an Agreed Medical Evaluation (AME).
Use -94 to modify reimbursement by multiplying the normal reimbursement by 1.35. For ML201 or ML202, when modifier -93 is also applicable, multiply the normal reimbursement by 1.45. |
-95 |
The evaluation was performed by a panel-selected Qualified Medical Evaluator (QME). Modifier -95 is strictly for identification purposes and does not alter reimbursement. |
-96 |
The evaluation was:
• Performed by a psychiatrist or psychologist, when • A psychiatric or psychological evaluation is the primary focus of the evaluation
Use -96 to modify reimbursement by multiplying the normal reimbursement by 2. For ML201 or ML202: • When modifier -93 is also applicable, multiply normal reimbursement by 2.1 • When modifier -94 is also applicable, multiply normal reimbursement by 2.35 • When modifiers -93 and -94 are also applicable, multiply normal reimbursement by 2.45 |
-97 |
A toxicology evaluation was the primary focus of the evaluation, and the evaluation was performed by a physician who is: • Board certified in Toxicology, or • Certified as a QME in the specialty of Internal Medicine, or • Board certified in Internal Medicine Use -97 to modify reimbursement by multiplying the normal reimbursement by 1.5. For ML201 or ML202:
• When modifier -93 is also applicable, multiply normal reimbursement by 1.6 • When modifier -94 is also applicable, multiply normal reimbursement by 1.85 • When modifiers -93 and -94 are also applicable, multiply normal reimbursement by 1.95 |
-98 |
An oncology evaluation was the primary focus of the evaluation, and the evaluation was performed by a physician who is:
• Board certified in Medical Oncology, or • Certified as a QME in the specialty of Internal Medicine • Board certified in Internal Medicine
Use modifier -98 to modify reimbursement by multiplying the normal reimbursement by 1.5. For ML201 or ML202:
• When modifier -93 is also applicable, multiply normal reimbursement by 1.6 • When modifier -94 is also applicable, multiply normal reimbursement by 1.85 • When modifiers -93 and -94 are also applicable, multiply normal reimbursement by 1.95 |
DaisyBill provides content as an insightful service to its readers and clients. It does not offer legal advice and cannot guarantee the accuracy or suitability of its content for a particular purpose.
Is managed care service considered a medical or expense service?
How would I bill a AOE/COE Exam requested by Sedgwick?
How would I bill a AOE/COE Exam requested by any insurance?