4292752, 6A-22.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4292752

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

REEMPLOYMENT SERVICES - WORKERS' COMPENSATION

Overview

RULE:

6A-22.001	Definitions (Transferred)
6A-22.002	Rehabilitation Provider Qualifications (Transferred)
6A-22.003	Reemployment Status Review (Transferred)
6A-22.004	Notice Requirements (Transferred)
6A-22.006	Screening Process (Transferred)
6A-22.008	Reemployment Services and Programs (Transferred)
6A-22.009	Employee Responsibilities (Transferred)
6A-22.010	Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities (Transferred)
6A-22.011	List of Forms (Transferred)
6A-22.012	Expenditures from the Workers' Compensation Administrative Trust Fund (Transferred)

PURPOSE:

The purpose and effect of these rule amendments is to (a) mandate the electronic submission of DWC-21 (Reemployment Services Billing Form) and DWC-22 (Reemployment Status Review Form) data from the carriers to the Bureau of Rehabilitation and Reemployment Services, resulting in increased workers’ compensation system efficiencies; (b) require qualified rehabilitation providers to have a business e-mail address thereby increasing efficiencies in the workers’ compensation system; (c) allow for on-the-job training that is temporary, thereby expanding the opportunities for injured employees to receive training; (d) clarify various Bureau of Rehabilitation and Reemployment Services procedures for screening cases under Section 440.491(6), Florida Statutes; and (e) for cost containment, capping all services provided by qualified rehabilitation providers to the Bureau of Rehabilitation and Reemployment Services at $55.00 per hour.

SUBJECT:

Rule 6A-22.001, F.A.C., is being amended to eliminate the definitions of “Cooperative working agreement” and “Ergonomic job analysis;” which are terms operationally irrelevant to the Department; to amend the definitions of “Customary residence,” to avert payment of travel costs abuse, “On-the-job training (OJT) contractor,” to replace “cooperative working agreement” with “contract,” and “On-the-job training (OJT) contract;” to limit the employer’s responsibility to assisting in rather than ensuring the injured employee’s return to suitable gainful employment; and to add a definition of “Unemployed” to avert an employer’s retaining an injured employee while withholding the employee’s opportunity to earn wages. Rule 6A-22.002, F.A.C., is being amended to require an applicant for initial listing or renewal as a rehabilitation provider to have and maintain a business e-mail address. Rule 6A-22.003, F.A.C., is being amended to require a carrier to complete and submit a conforming electronic reemployment status form, DWC-22. Rule 6A-22.004, F.A.C., is being amended to require language in the carrier’s notice concerning the employee’s inability to earn at least 80 per cent of his or her compensation rate and to delete and add language clarifying the October 1, 2003, date of accident limitation of eligibility. Rule 6A-22.006, F.A.C., is being amended to require the screening process to consist of a vocational assessment consisting of certain elements to determine the injured employee’s eligibility for reemployment services, to specify which of the reemployment services is to be offered as a result of the vocational assessment, to identify such vocational assessment services as may be provided prior to a determination of eligibility for reemployment services, and to delete the requirement that additional reemployment services following screening shall not be provided to an injured employee who has filed a claim for permanent total disability benefits where the injured employee’s medical condition or vocational capability is in dispute before the Office of the Judges of Compensation Claims as unsupported by law. Rule 6A-22.008, F.A.C., is being amended to eliminate “vocational assessment” as a reemployment service, to remove redundant approval language, to restate affirmatively that an evaluation will determine the necessary reemployment services to return the injured employee to suitable gainful employment, and to clarify “reemployment services.” Rule 6A-22.009, F.A.C., is being amended to clarify that no one of the enumerated participation failures may be deemed a refusal of training and education. Rule 6A-22.010, F.A.C., is being amended to clarify that a qualified rehabilitation provider shall submit a properly completed individualized written rehabilitation program to the employer or carrier for approval; to require that a certified vocational evaluator shall conduct an initial and an exit interview with the injured employee; to clarify that a qualified rehabilitation provider providing any employer or carrier sponsored reemployment services, reemployment assessments or medical care coordination need not submit a written report as therein defined to the Department; and to require a qualified rehabilitation provider providing employer or carrier sponsored reemployment services, reemployment assessments or medical care coordination to report its services using an electronic form DWC-21 and providing filing schedules and instructions. Rule 6A-22.011, F.A.C., is being amended to clarify that the carrier submit the form DWC 21 to the Department and to revise a web address. Rule 6A-22.012, F.A.C., is being amended to clarify that the Department shall authorize reimbursement for reemployment services received from qualified rehabilitation providers from the Workers’ Compensation Trust Fund at a maximum rate and that the total reimbursement for a vocational evaluation may not exceed a certain amount.

RULEMAKING AUTHORITY:

440.491(5), (6), (7), (8) FS.

LAW:

440.491 FS.

PRINT PUBLISH DATE:

6/22/2007 Vol. 33/25

RELATED STATUTES
AND LAWS:

440.491(5), (6), (7), (8) FS., 440.491 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=6A-22.001&PDate=6/22/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.