WSR 03-22-030

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 28, 2003, 9:50 a.m. , effective February 1, 2004 ]

     Date of Adoption: October 28, 2003.

     Purpose: WAC 296-19A-045, the amendment to this section will clarify that the references in WAC 296-19A-135 and 296-19A-137 only apply to state fund referrals.

     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.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-19A-045, 296-19A-080, and 296-19A-120.

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

      Adopted under notice filed as WSR 03-17-072 on August 19, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
     Effective Date of Rule: February 1, 2004.

October 28, 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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