It must be the weekend for new quality conservative bloggers. A new anonymous blog has popped up entitled Music City Oracle. Of particular immediate interest to me is this recent post

In a story that has not received any press coverage, the Jackson Clinic is asking an administrative law judge to rule that the Department of Labor and Workforce Development violated the law by making changes to the workers’ compensation medical fee schedule without providing notice or a hearing.

There’s nothing quite like seeing a shadow government step outside its bounds.  The Department of Labor  claims that the  adjustments were  “minor”, and did not require public notice and comment. Here are the changes they deem “minor”

Last year, the department adopted provisions in the fee schedule that paid physical therapists treating workers’ compensation patients less if they worked for a “physician affiliated” facility than they would be paid if they were independent. In February, the Department suddenly announced that it had adopted changes (effective May 1) to the physical therapy reimbursement rules. Under the changes, a physician could be fined $10,000 if he referred to a physician affiliated physical therapist. The Commissioner of Labor said that no notice or hearing was required since the changes were “minor.”

Before: phsyician affiliated physical therapist gets paid for treatment, but less than an independent.

After: physician who referred to the physician affiliated therapist is fined $10,000.

It appears that “minor” depends on one’s point of view. The problem is multifold. First, a rogue government agency is creating new rules with an impact reaching into the millions of dollars. Second, this change is likely to actually push health care costs higher and increase the cost of doing business in the state.  Neither is good. And on its face, neither is justifiable.

There we have it. Not only can Phil Bredesen not control the Tennessee Highway Patrol, the Department of Safety, and TennCare. He also cannot control his own Department of Labor.

Jim Bryson, anyone?