(a) Membership; terms. — The Workers’ Compensation Oversight Panel shall consist of 24 members. Members serving by virtue of position may appoint a designee to serve at their pleasure in their stead. The Governor shall appoint the 13 nonprovider members who are not serving by virtue of position. The Governor appointed members shall be appointed for a term up to 3 years to allow that no more than 5 Governor appointed members’ terms shall expire in any year. The provider members shall be appointed by the appointing authority and for a term of 3 years.

(b) Representation. — The Workers’ Compensation Oversight Panel shall include:

(1) The President of the Medical Society of Delaware shall appoint 4 Delaware-licensed physicians which shall include 1 in the field of primary care, 1 in the field of neurosurgery, and 2 at large representatives;

(2) The President of the Delaware Society of Orthopaedic Surgeons shall appoint a Delaware-licensed orthopedic surgeon;

(3) The President of the Delaware Academy of Physical Medicine and Rehabilitation shall appoint 1 representative;

(4) The President of the Delaware Healthcare Association shall appoint 1 representative;

(5) The President of the Delaware Chiropractic Association shall appoint a Delaware-licensed chiropractor; and

(6) The President of the Delaware Physical Therapy Association shall appoint a Delaware-licensed physical therapist.

In addition to their ability to represent the perspective of their profession, provider members shall be selected for their ability to represent the interests of the community at large. The Department of Labor, Office of Workers’ Compensation shall provide staff support to the Panel.

(c) Members of the former Health Care Advisory Panel shall, absent contrary action by the Governor, serve the remainder of their terms for which they were appointed to the Health Care Advisory Panel as members of the Workers Compensation Oversight Panel.

(d) A Chair and Vice Chair shall be selected by the Governor. The Chair and Vice Chair of the Workers’ Compensation Oversight Panel shall set an agenda for each meeting, shall preside at meetings, and shall forward recommendations, opinions and other communications of the Panel to the Governor and General Assembly.

(e) Data collection. — It is the intent of the General Assembly that, among its other duties, the Workers’ Compensation Oversight Panel be provided with data enabling it to conduct studies to evaluate the workers’ compensation system in the State, identify systemic cost drivers, provide objective information to guide policy formulation and identify carrier specific cost drivers. To that end, the Panel is authorized to collect data concerning reports of industrial injuries and occupational disease, the cost of benefits associated with such injuries and diseases, and compliance with the mandatory workers’ compensation insurance requirement. The Panel is also charged with ensuring compliance by individual carriers with their responsibilities relating to medical cost control. On at least a quarterly basis, the Insurance Commissioner shall collect and provide to the Panel data sufficient for the Panel to carry out the duties described in this subsection. In addition, the Panel or its designee shall have the authority to demand directly from any person or entity providing health-care services under this chapter data sufficient for the Panel to carry out the duties described in this subsection. The advisory organization designated pursuant to § 2607 of Title 18 shall also on an annual basis provide the Panel with carrier-specific medical cost data for each workers’ compensation carrier having a market share in Delaware of 1% or greater over the 12 preceding months. If, after reviewing said data and making necessary inquiries with individual carriers, the Panel determines that there is a well-founded concern that an individual carrier is not sufficiently scrutinizing medical payments, the Panel may direct the Insurance Commissioner to conduct a formal examination of a carrier to determine compliance with applicable laws and regulations regarding medical reimbursements. The Department of Insurance may exercise its authority granted under Title 18 to address legitimate competitive, trade secret, or health-privacy concerns that arise in connection with its responsibilities under this section, provided that the Department’s exercise of this authority shall not interfere with the Panel’s ability to fulfill its statutory obligations. The Secretary of Labor shall have authority to address legitimate competitive, trade secret, or health-privacy concerns that arise in connection with the Panel’s collection of data directly from persons or entities providing health care services under this chapter, provided that the Secretary’s exercise of this authority shall not interfere with the Panel’s ability to fulfill its statutory obligations.

79 Del. Laws, c. 312, § 2.