WSR 03-17-072

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 19, 2003, 9:48 a.m. ]

     Title of Rule: Department vocational rehabilitation referrals, WAC 296-19A-045 Which rules under "department vocational rehabilitation referrals" apply only to the department?, 296-19A-080 How often must written progress reports be completed and submitted during assessment activities?, and 296-19A-120 What reports does the department require when vocational rehabilitation plan implementation and monitoring services are provided at its request?

     Purpose: WAC 296-19A-045, corrects the rule to reference two WACs adopted in May 2003 (WAC 296-19A-135 and 296-19A-137). WAC 296-19A-080 and 296-19A-120, the words "calendar" and "electronic" are to be added to specify that progress reports during assessment and plan referrals are required every thirty calendar days from the date of the electronic referral.

     Statutory Authority for Adoption: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110.

     Statute Being Implemented: Not applicable, RCW 51.32.095, 51.36.100, 51.36.110.

     Summary: See Purpose above.

     Reasons Supporting Proposal: 1. Clarifications were requested in public commentary during the rule-making process for the vocational rehabilitation rules adopted May 12, 2003 (WSR 03-11-009).

     2. Reporting requirements for vocational rehabilitation counselors will be clear and reflect current interpretation and practice.

     3. Self-insured employers and their workers will know exactly which rules apply to them.

     4. Department of Labor and Industries audit staff will have clear audit guidelines for enforcing reporting expectations.

     Name of Agency Personnel Responsible for Drafting: Mary Kaempfe, Medical Program Specialist, Tumwater, Washington, (360) 902-4202; Implementation and Enforcement: Sandra Dziedzic, Program Manager, (360) 902-4300, or Roy Plaeger-Brockway, Program Manager, Tumwater, Washington, (360) 902-6699.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed revision to existing WAC 296-19A-045 will correct a technical oversight from the previous rule-making process. The anticipated effect is that self-insured employers and their workers will know that two of the WACs adopted in May 2003 do not apply to them.

     Proposed revisions to WAC 296-19A-080 and 296-19A-120 provide technical clarification of progress reporting requirements for vocational rehabilitation counselors. The anticipated effects of these amendments are that vocational rehabilitation counselors will provide timely services to injured workers and the department can more appropriately hold vocational providers accountable for timely progress [reporting].

     Proposal does not change existing rules.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Rules Coordinator, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY October 21, 2003.


August 19, 2003

Paul Trause

Director

OTS-6553.1


AMENDATORY SECTION(Amending WSR 00-18-078, filed 9/1/00, effective 6/1/01)

WAC 296-19A-045   Which rules under "department vocational rehabilitation referrals" apply only to the department?   WAC 296-19A-050 through ((296-19A-130)) 296-19A-137 pertain to referrals for vocational rehabilitation services made by the department.

[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110. 00-18-078, § 296-19A-045, filed 9/1/00, effective 6/1/01.]


AMENDATORY SECTION(Amending WSR 00-18-078, filed 9/1/00, effective 6/1/01)

WAC 296-19A-080   How often must written progress reports be completed and submitted during assessment activities?   The provider must submit a written progress report to the department, and upon request, to the injured worker or the injured worker's representative, every thirty calendar days from the date of the electronic referral summarizing progress during the most recent reporting period. The written progress report must include:

     (1) A detailed explanation why the AWA was not completed as of the date of the report;

     (2) A summary of all activities taken in the past thirty days, including progress on previously recommended actions;

     (3) Identification and analysis of any barriers preventing completion of the referral; and

     (4) A description of the specific actions the provider intends to take to overcome barriers and the expected time frame to complete those actions.

[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110. 00-18-078, § 296-19A-080, filed 9/1/00, effective 6/1/01.]


AMENDATORY SECTION(Amending WSR 00-18-078, filed 9/1/00, effective 6/1/01)

WAC 296-19A-120   What reports does the department require when vocational rehabilitation plan implementation and monitoring services are provided at its request?   (1) Progress reports. The vocational rehabilitation provider must submit a written progress report to the department, and upon request, to the injured worker or the injured worker's representative, every thirty calendar days from the date of the electronic referral summarizing progress during the most recent reporting period. The progress report must include the following:

     (a) Review of the industrially injured or ill worker's compliance with the vocational rehabilitation plan;

     (b) A list of the dates the provider contacted the industrially injured or ill worker and training site;

     (c) Description of the skills the worker has acquired so far and a comparison with the vocational rehabilitation plan;

     (d) Summary of all actions taken in the past thirty days, including progress on previously recommended actions;

     (e) Identification and analysis of any barriers preventing completion of the referral;

     (f) Statement of whether the industrially injured or ill worker will complete the plan by the target plan end date.

     (2) Closing report. If the industrially injured or ill worker successfully completes the vocational rehabilitation plan, the closing report, at a minimum, must contain the following information:

     (a) An assessment of the industrially injured or ill worker's employability status at the time of closure;

     (b) An assessment of the skills acquired by the industrially injured or ill worker as compared to the vocational rehabilitation plan;

     (c) A statement as to whether or not the industrially injured or ill worker has returned to gainful employment; and

     (d) The barriers, if any, to the industrially injured or ill worker's return to gainful employment.

     (3) If the industrially injured or ill worker does not successfully complete the vocational rehabilitation plan, the closing report, at a minimum, must contain the following information:

     (a) Explain why the vocational rehabilitation plan cannot be completed;

     (b) Assess the industrially injured or ill worker's employability status at the time the plan stopped;

     (c) Assess what skills the industrially injured or ill worker acquired and compare them to the vocational rehabilitation plan;

     (d) Indicate whether or not the industrially injured or ill worker has returned to work. If so, list the job title, employer, and monthly salary; and

     (e) Describe any remaining barriers that may keep the industrially injured or ill worker from returning to work.

[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110. 00-18-078, § 296-19A-120, filed 9/1/00, effective 6/1/01.]

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