Can I Charge for Deposition Time as a QME?
Absolutely. When attorneys depose you about your Qualified Medical Evaluation, California’s Medical-Legal Fee Schedule (MLFS) entitles you to bill under code ML400. The statute views your testimony as an extension of the medical-legal service, so it is reimbursable on an hourly basis.
ML400 Payment Basics
- Hourly rate: $325 (2024–25 schedule)
- Portal-to-portal billing: Clock starts when you leave your office (or log on to a remote platform) and ends upon return/log-off.
- Minimum charge: 1 hour, then bill in 15-minute increments.
- Who pays: The party that notices the deposition advances the fee. If applicant counsel notices you, they pay first and later seek reimbursement from the carrier under Labor Code §5710(a).
Preparing the Invoice
- Create a time sheet showing:
• Start & end times (with travel or login)
• Breaks (not billable)
• Total hours to the nearest ¼-hour - List ML400 on your invoice, multiply by total hours, and attach the time sheet.
- Serve the invoice and transcript errata (if you choose to read & sign) on all parties within 15 days.
Travel & Remote Depositions
If travel exceeds 100 miles round-trip, you may bill mileage at the IRS rate plus reasonable lodging if an overnight stay is necessary. Most modern depositions are conducted via secure video platform—still billable at the ML400 hourly rate.
Payment Timeline & Penalties
The claims administrator must pay deposition fees within 20 days of receiving your invoice (Labor Code §5710(b)). Late payments may accrue a 10 % penalty and interest under Labor Code §4622.
Quick Compliance Tips
- Confirm in writing who will pay before the deposition begins.
- Bring—or screen-share—a copy of your report and any exhibits you relied upon; it speeds questioning.
- Keep a signed copy of the Deposition Notice and transcript for your billing file.
For official ML400 language and hourly rate confirmation, consult California’s Medical-Legal Fee Schedule (§9795).