H-0593

AN ACT Relating to vocational rehabilitation counselors for industrial insurance; adding a new section to chapter 51.36 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 51.36 RCW to read as follows:

(1) Contracts entered into between the department and providers who are offering vocational rehabilitation services to injured workers shall be subject to the following:

(a) No contract shall be awarded for a period of more than two years, except that the department may extend a contract once for a period of no more than one year.

(b) Contracts may be awarded only to providers who have been selected through a fair and objective competitive process, which shall include:

(i) A procedure for protest and protest resolution prior to an award;

(ii) Evaluation of providers using the criteria in subsection (2)(b) of this section based on performance under previous contracts with the department, if any. However, no unfair advantage may be given to providers previously under contract with the department;

(iii) Selection criteria that gives credit for service capacity and the use of alternative or innovative service delivery methods. An evaluation of service capacity and service delivery methods of providers not previously under contract shall equate to an evaluation of performance under contract of previously contracted providers; and

(iv) Selection criteria that:

(A) Emphasizes professional rehabilitation staff qualifications and professional credentials of traditional staff, which include vocational rehabilitation counselor supervisors, vocational rehabilitation counselors, and vocational rehabilitation interns. Rating of staff credentials shall be based on the staff's education, experience, professional credentials, skills, and references in the field of vocational rehabilitation, and shall be weighted to result in higher ratings for more highly qualified vocational rehabilitation staff. Standards for vocational rehabilitation supervisors shall include the certified rehabilitation counselor or the certified insurance rehabilitation specialist credential, or both, or the equivalent credentials from a nationally recognized and accredited organization; and

(B) Includes a rating of nontraditional staff credentials based on the staff's education, experience, professional credentials, skills, and references in fields related to vocational rehabilitation, including but not limited to ergonomics, psychological testing, job site modification, job restructuring, job analysis, work evaluation, and job placement.

(2)(a) By July 1, 1991, the department shall evaluate the performance of all vocational rehabilitation providers offering services to injured workers insured by the state fund. Providers shall be ranked from best performers to worst performers by geographic area. Each provider or providers ranking as the worst performer or performers in that geographic area shall be required to compete, under the selection process required in subsection (1)(b) of this section, for a new contract that shall take effect not later than January 1, 1992. All contracts awarded on or after January 1, 1992, shall be awarded only under the competitive selection process required in subsection (1)(b) of this section. The expiration dates of contracts within geographic areas shall be staggered so that a competitive selection process will be required at least once each year in each area.

(b) The performance evaluation of providers under (a) of this subsection shall include:

(i) Cost to the medical aid fund attributable to the provider, including fees paid to other providers at the request of the provider under evaluation;

(ii) Cost to the accident fund, including compensation under RCW 51.32.090 and 51.32.095(3) that is paid during the time vocational rehabilitation services are provided;

(iii) Cost to the second injury fund from approved job site modifications;

(iv) Length of services provided, from the time of referral to the date of issuance of the closing report;

(v) Ratio of plan development referrals to completed plans;

(vi) The outcome of the claim at the time of closure of services which identifies the injured worker as employable, returned to work, or other, and a follow-up outcome that measures return to work;

(vii) The ability of the provider and the provider's staff to comply with this chapter and the rules adopted under this chapter;

(viii) The adequacy of the provider's facilities;

(ix) Compliance with performance criteria stated in the provider's contract;

(x) An evaluation of staff retention, not to exceed the average case retention time;

(xi) An evaluation of staffing patterns, including the provider's maintenance of professional qualifications, availability of qualified supervisory staff, and the availability of a full-time registered vocational rehabilitation counselor in the contracted service area;

(xii) A review of the number and nature of corrective actions taken against the provider; and

(xiii) A review of consumer surveys, which shall be developed by the department to document the level of satisfaction of injured workers and employers with the services offered by the provider.

(3) The department shall compile and maintain the following records on providers who contract with the state fund:

(a) Statistics on staff retention by providers;

(b) Staffing patterns experienced by providers; and

(4) The department's competitive process for selecting vocational rehabilitation providers implemented under subsection (1)(b) of this section shall be reviewed annually by the office of financial management. The review shall include evaluation of protests submitted by providers during the selection process. The office of financial management shall report its findings and recommendations to the commerce and labor committees of the senate and the house of representatives, or appropriate successor committees, by January 1, 1993, and each January 1 thereafter.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.