20 Miss. Code R. § 2-III

Current through June 25, 2024
Section 20-2-III - DEPOSITION/WITNESS FEES; MEDICAL RECORDS AFFIDAVIT
A. Any health care provider who gives a deposition or is otherwise subpoenaed to appear in proceedings pending before the MWCC shall be paid a witness fee as provided by MWCC Procedural Rule 2.18(h) in the amount of $25.00 per day plus mileage reimbursement at the rate authorized by MWCC General Rule 1.14. Procedure code 99075 must be used to bill for a deposition.
B. In addition to the above fee and mileage reimbursement, any health care provider who gives testimony by deposition or who appears in person to testify at a hearing before the MWCC shall be paid $750.00 for the first hour and $187.50 per quarter hour thereafter. This fee includes necessary preparation time. In the event a deposition is cancelled through no fault of the provider, the provider shall be entitled to a payment of $250.00 unless notice of said cancellation is given to the provider at least 72 hours in advance. In the event a deposition is cancelled through no fault of the provider within 24 hours of the scheduled time, then, in that event, the provider shall be paid the rate due for the first hour of a deposition. Nothing stated herein shall prohibit a medical provider and a party seeking to take the medical provider's deposition from entering into a separate contract which provides for reimbursement other than as above provided.
C. Pursuant to MWCC Procedural Rule 2.9, an examining or treating physician may execute an affidavit in lieu of direct testimony. The Physician's Medical Record Custodian is allowed to sign the affidavit in lieu of the physician's signature. Such charge for execution of the affidavit is limited to a maximum reimbursement of $25.00. Reimbursement for copies of medical records that are attached to affidavits shall be made as outlined in the Medical Record Rules.
D. Any health care provider who gives a deposition or is otherwise subpoenaed to provide information, documents, or other records of any kind may be entitled to make an entry of appearance as a party in the underlying workers' compensation claim for the limited purpose of contesting the subpoena and/or the scope of the requested information or deposition. No part of this section shall be construed to create any additional liability on the part of the health care provider beyond that set forth in Mississippi Code Annotated (MCA) § 71-3-59(2) or otherwise set forth in the Mississippi Workers' Compensation Law and/or the Fee Schedule. Pursuant to MCA § 71-3-59(2), the MWCC may award attorney's fees and expenses to the health care provider in the event the MWCC finds the scope of the subpoena, deposition, or other information requested from the health care provider is an institution, continuance, or delay of proceedings without reasonable grounds by the party seeking the information from the health care provider and/or the attorney advising such party. Pursuant to MCA § 71-3-59(2), the MWCC may also impose a civil penalty not to exceed ten thousand dollars ($10,000.00) against the party and/or the attorney advising such party seeking the information from the health care provider for each violation. Similarly, the MWCC may also award attorney's fees, expenses, and/or the civil penalty against the health care provider and/or their attorney in the event the MWCC finds that the health care provider's challenge to the subpoena, deposition, or other requested information is an institution, continuance, or delay of proceedings without reasonable grounds.

20 Miss. Code. R. § 2-III

Amended 6/14/2017
Amended 6/15/2019