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Minnesota Administrative Rules

5220.0710 EMPLOYEE CHOICE OF QUALIFIED REHABILITATION CONSULTANT; CHANGE OF QUALIFIED REHABILITATION CONSULTANT.

Subpart 1.

Employee right to choose.

Pursuant to Minnesota Statutes, section 176.102, subdivision 4, the employee has a right to choose a qualified rehabilitation consultant as defined in part 5220.0100, subpart 23, once at any time in the period beginning before the rehabilitation consultation and ending 60 days after filing of the rehabilitation plan. Within these time limitations, the employee need not seek the approval of the insurer when choosing a qualified rehabilitation consultant. If the employee chooses a qualified rehabilitation consultant under this part, the employee shall notify the insurer in writing of the name, address, and telephone number of the qualified rehabilitation consultant chosen.

Subp. 2.

Documentation.

When a change of qualified rehabilitation consultant occurs, the new assigned qualified rehabilitation consultant shall promptly inform the commissioner of the change in assigned qualified rehabilitation consultant by filing the prescribed form with the commissioner. The prescribed form shall contain identifying information on the employee, employer, insurer, the new assigned qualified rehabilitation consultant, and the former assigned qualified rehabilitation consultant.

Subp. 3.

Dispute resolution.

After exhaustion of the employee's choices in subpart 1, any party may propose a change of assigned qualified rehabilitation consultant. The parties may at any time agree to a change and select a new qualified rehabilitation consultant. If a dispute about change or selection arises, and the parties are not able to resolve that dispute, the dispute shall be resolved by a determination of the commissioner or a compensation judge as provided in Minnesota Statutes, chapter 176, and part 5220.0950. If the employee's choice has not been exhausted as outlined in subpart 1, the determination shall be made according to the employee's choice. If the employee's choice has been exhausted or if the request to change qualified rehabilitation consultants is filed more than 60 days after the rehabilitation plan was filed, the determination shall be made according to the best interest of the parties. The best interest of the parties shall be determined based on the goals of rehabilitation as provided in Minnesota Statutes, section 176.102, subdivision 1, paragraph (b). If the commissioner or compensation judge determines the qualified rehabilitation consultant's work to be unsatisfactory or the qualified rehabilitation consultant withdraws from the case, and the parties are unable to agree on the selection of a qualified rehabilitation consultant, the commissioner or compensation judge shall assign a new qualified rehabilitation consultant.

Subp. 4.

Employee residing or moving out of Minnesota.

Qualified employees who reside outside of Minnesota or who move out of Minnesota may receive services from a rehabilitation professional qualified under that jurisdiction's workers' compensation law to provide rehabilitation services. This subpart does not require the assignment of another rehabilitation professional if the services can be reasonably furnished by a rehabilitation provider registered in Minnesota. When services are provided outside of Minnesota by a rehabilitation professional qualified in that jurisdiction, an assigned qualified rehabilitation consultant in Minnesota shall monitor the provision of services.

Subp. 5.

Change of consultant not an exercise of choice by employee.

A change of assigned qualified rehabilitation consultant necessitated by circumstances outside the control of the employee is not a choice by the employee and does not exhaust the employee's right to choice. Such circumstances include, but are not limited to, the assigned qualified rehabilitation consultant leaving practice or the extended illness of the assigned qualified rehabilitation consultant.

If the assigned qualified rehabilitation consultant leaves a firm to work for another firm or to start a solo practice, the employee may either choose to continue with the assigned qualified rehabilitation consultant or remain with the qualified rehabilitation consultant's former firm. Neither option will exhaust the employee's right to choice of a qualified rehabilitation consultant pursuant to subpart 1.

Disputes about changes shall be resolved according to subpart 3.

Subp. 6.

Transfer of information.

The former qualified rehabilitation consultant shall transfer pertinent documents to the new assigned qualified rehabilitation consultant pursuant to part 5220.1802, subpart 4a.

Statutory Authority:

MS s 176.102; 176.83

History:

16 SR 2520; 17 SR 3361; 29 SR 1480

Published Electronically:

June 11, 2008

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569