HF 2786

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to workers' compensation; modifying qualified rehabilitation consultant
fees; amending Minnesota Statutes 2006, section 176.102, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2006, section 176.102, subdivision 2, is amended to read:

Subd. 2.

Administrators.

The commissioner shall hire a director of rehabilitation
services in the classified service. The commissioner shall monitor and supervise
rehabilitation services, including, but not limited to, making determinations regarding the
selection and delivery of rehabilitation services and the criteria used to approve qualified
rehabilitation consultants and rehabilitation vendors. deleted text begin The commissioner may also make
determinations regarding fees for rehabilitation services and shall by rule establish a
fee schedule or otherwise limit fees charged by qualified rehabilitation consultants and
vendors. deleted text end new text begin Notwithstanding any law or rule to the contrary, the maximum hourly rate
for fees charged by a qualified rehabilitation consultant must be adjusted annually
each October 1 by the greater of two percent or the percentage adjustment determined
under section 176.645, but without the cap on increases provided by that section. new text end The
commissioner shall annually deleted text begin review the fees and deleted text end give notice of deleted text begin any deleted text end new text begin the new text end adjustment in the
State Register. deleted text begin By March 1, 1993, the commissioner shall report to the legislature on
the status of the commission's monitoring of rehabilitation services. deleted text end The commissioner
may hire qualified personnel to assist in the commissioner's duties under this section and
may delegate the duties and performance.

Sec. 2.

Minnesota Statutes 2006, section 176.102, subdivision 4, is amended to read:

Subd. 4.

Rehabilitation plan; development.

(a) A rehabilitation consultation
must be provided by the employer to an injured employee upon request of the employee,
the employer, or the commissioner. When the commissioner has received notice or
information that an employee has sustained an injury that may be compensable under
this chapter, the commissioner must notify the injured employee of the right to request
a rehabilitation consultation to assist in return to work. The notice may be included in
other information the commissioner gives to the employee under section 176.235, and
must be highlighted in a way to draw the employee's attention to it. If a rehabilitation
consultation is requested, the employer shall provide a qualified rehabilitation consultant.
If the injured employee objects to the employer's selection, the employee may select
a qualified rehabilitation consultant of the employee's own choosing within 60 days
following the filing of a copy of the employee's rehabilitation plan with the commissioner.
If the consultation indicates that rehabilitation services are appropriate under subdivision
1, the employer shall provide the services. If the consultation indicates that rehabilitation
services are not appropriate under subdivision 1, the employer shall notify the employee
of this determination within 14 days after the consultation.

(b) In order to assist the commissioner in determining whether or not to request
rehabilitation consultation for an injured employee, an employer shall notify the
commissioner whenever the employee's temporary total disability will likely exceed 13
weeks. The notification must be made within 90 days from the date of the injury or when
the likelihood of at least a 13-week disability can be determined, whichever is earlier, and
must include a current physician's report.

(c) deleted text begin The qualified rehabilitation consultant shall disclose in writing at the first
meeting or written communication with the employee deleted text end Any ownership interest or affiliation
between the firm which employs the qualified rehabilitation consultant and the employer,
insurer, adjusting or servicing company deleted text begin , including the nature and extent of the affiliation
or interest deleted text end new text begin is prohibited new text end .

The new text begin qualified rehabilitation new text end consultant shall deleted text begin also deleted text end disclose to all parties any affiliation,
business referral or other arrangement between the consultant or the firm employing the
consultant and any other party, attorney, or health care provider involved in the case.

(d) After the initial provision or selection of a qualified rehabilitation consultant as
provided under paragraph (a), the employee may request a different qualified rehabilitation
consultant which shall be granted or denied by the commissioner or compensation judge
according to the best interests of the parties.

(e) The employee and employer shall enter into a program if one is prescribed
in a rehabilitation plan within 30 days of the rehabilitation consultation if the qualified
rehabilitation consultant determines that rehabilitation is appropriate. A copy of the plan,
including a target date for return to work, shall be submitted to the commissioner within
15 days after the plan has been developed.

(f) If the employer does not provide rehabilitation consultation requested under
paragraph (a), the commissioner or compensation judge shall notify the employer that
if the employer fails to provide a qualified rehabilitation consultant within 15 days to
conduct a rehabilitation consultation, the commissioner or compensation judge shall
appoint a qualified rehabilitation consultant to provide the consultation at the expense of
the employer unless the commissioner or compensation judge determines the consultation
is not required.

(g) In developing a rehabilitation plan consideration shall be given to the employee's
qualifications, including but not limited to age, education, previous work history, interest,
transferable skills, and present and future labor market conditions.

(h) The commissioner or compensation judge may waive rehabilitation services
under this section if the commissioner or compensation judge is satisfied that the employee
will return to work in the near future or that rehabilitation services will not be useful in
returning an employee to work.