The proposed rule is a continuation of a rulemaking first initiated by the Department of Education as Rule Chapter 6A-22, F.A.C., “Reemployment Services-Workers’ Compensation.” In 2012, the Legislature transferred administrative responsibility and ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker's Compensation

RULE NOS.:RULE TITLES:

69L-22.001Definitions
69L-22.002Rehabilitation Provider Qualifications

69L-22.003Reemployment Status Review

69L-22.0031Reemployment Assessments

69L-22.004Notice Requirements

69L-22.005Carrier Referrals for Services

69L-22.006Screening Process

69L-22.007Vocational Evaluations

69L-22.008Reemployment Services and Programs

69L-22.009Employee Responsibilities

69L-22.010Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities

69L-22.011List of Forms

69L-22.012Expenditures from the Workers' Compensation Administrative Trust Fund

PURPOSE AND EFFECT: The proposed rule is a continuation of a rulemaking first initiated by the Department of Education as Rule Chapter 6A-22, F.A.C., “Reemployment Services-Workers’ Compensation.” In 2012, the Legislature transferred administrative responsibility and rulemaking authority for the “Reemployment Services” program to the Department of Financial Services, where it is currently administered under Rule Chapter 69L-22, F.A.C., “Reemployment Services-Workers’ Compensation.” Section 440.491, F.S., addresses reemployment and rehabilitation services that are available under Florida’s Workers’ Compensation Law. The proposed rulemaking reflects revisions to Section 440.491, F.S., as enacted by SB 2150 (Chapter 2011- 063) and HB 553 (Chapter 2013-141); the proposed rulemaking also reflects certain conforming changes enacted by HB 5203 (Chapter 2012-135). As a result of changes in statutory authority, Rules 69L-22.002, 69L-22.003, 69L-22.004 and 69L-22.010, F.A.C., are repealed; Forms DWC-21, DWC-22 and DWC-96 are, similarly, deleted.

SUMMARY: The proposed rulemaking is amended to conform with revisions to applicable provisions of Section 440.491, F.S. The proposed rulemaking reflects legislative changes affecting the manner in which Reemployment Services are delivered to injured employees. The proposed rulemaking reduces or eliminates various administrative burdens previously associated with the monitoring and reporting requirements of reemployment services and reorients the program to incorporate pragmatic features that are reflective of market forces.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for a SERC was triggered under subsection 120.54 or paragraph 120.54(3)(b), F.S.; and 2) there are no adverse impacts or regulatory costs associated with the proposed rules exceeding those criteria established in paragraph 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 440.491(5), (6), (7), 440.591 FS.

LAW IMPLEMENTED: 440.491 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, February 10, 2014, 9:00 a.m. – 11:00 a.m.

PLACE: Room 102, Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Stephen Yon @ [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stephen Yon @ [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

REEMPLOYMENT SERVICES – WORKERS’ COMPENSATION

 

69L-22.001 Definitions.

(1) through (2) No change.

(3) “Training and Education program” means a formal course of study or a certificate program in a training and education facility, agency or institution operating under Chapters 1004, Parts II, III, and IV, 1005, F.S., or a career and technical education program defined in paragraph Section 1003.01(4)(c), F.S., which states: “At the post secondary education level, courses of study that provide competencies needed for entry into specific occupations or for advancement within an occupation.” Outside of the State of Florida, a training and an education program shall be approved as governed by comparable statutes of that state.

(4) No change.

(5) “Individualized written rehabilitation program” (IWRP) means a written plan which identifies the injured employee’s return to work goals and barriers to employment, the types of reemployment services to be provided, the estimated costs of services, the provider of such services, comparable services from other agencies, and the estimated length of time required to attain the goals of the plan.  The plan shall be signed by the injured employee acknowledging their responsibilities in the plan and a Department representative acknowledging the plan was discussed with the injured employee is an individualized written rehabilitation program as defined in the Rehabilitation Act of 1973, 29 U.S.C. §§ 701, et seq.

(6) “Labor market” means the availability of employment within an area not to exceed a fifty (50) mile radius of the injured employee’s customary residence.

(7) “On-the-job training (OJT) contractor is a qualified rehabilitation provider or employee of a public or private agency which has entered into a contract with the Department for the provision of on-the-job development and follow-up services.

(8) No change.

(9) “Rehabilitation Company” means a business entity such as a corporation or partnership which employs or contracts to provide services pursuant to Section 440.491, F.S. All services provided by a carrier or a rehabilitation company under Section 440.491, F.S., shall be provided only by an individual who is a qualified rehabilitation provider or a facility that is a qualified rehabilitation provider. Neither the employment status of the person providing the services, nor the main method of communication in providing the services negates the statutory requirement that a person providing such services must be a qualified rehabilitation provider.

(10) “Rehabilitation Facility” means an institution or agency accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF) for a specific vocational rehabilitation program.

(9)(11) “Test-site” is a Department approved location that may be inspected by the Department, to be used by a qualified rehabilitation provider for vocational evaluation and assessment services.

(12) “Unemployed” means that the injured employee is not receiving wages for services or labor performed for an employer.

(13) A vocational evaluator is:

(a) A rehabilitation counselor as defined in paragraph 69L-22.002(1)(b), F.A.C., who is qualified thereby to make vocational assessments as herein defined and is employed by the Department; or

(b) A vocational evaluator as defined in paragraph 69L-22.002(1)(c), F.A.C., who is qualified thereby to perform vocational evaluations as herein defined and in Section 440.491(1)(h), F.S., and is employed by the Department; or

(c) A vocational evaluator as defined in paragraph 69L-22.002(1)(c), F.A.C., who is approved by the Department to perform vocational evaluations as herein defined and in Section 440.491(1)(h), F.S., and is employed privately.

(14) “Vocational specialist” means an individual who possesses:

(a) A master’s degree in vocational rehabilitation (counseling, evaluation, adjustment); or

(b) Is certified by the Commission on Rehabilitation Counselor Certification, or by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists; and

(c) Is employed by a CARF-accredited facility.

Rulemaking Authority 440.491(5), (6), (7), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.001, Amended 5-5-04, 5-7-09, Formerly 6A-22.001, Amended___________.

 

69L-22.002 Rehabilitation Provider Qualifications.

Rulemaking Authority 440.491(7), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.002, Amended 5-5-04, 2-22-05, 5-7-09, Formerly 6A-22.002, Repealed___________.

 

69L-22.003 Reemployment Status Review.

Rulemaking Authority 440.491(3), (4), (5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.005, Amended 5-7-09, Formerly 6A-22.003, Repealed____________.

 

69L-22.0031 Reemployment Assessments.

Rulemaking Authority 440.491(7)(e), 440.591 FS. Law Implemented 440.491 FS. History-New 5-5-04, Formerly 6A-22.0031, Repealed___________.

69L-22.004 Notice Requirements.

Rulemaking Authority 440.491(5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.006, Amended 3-1-05, 5-7-09, Formerly 6A-22.004, Repealed_____________.

 

69L-22.005 Carrier Referrals for Services.

(1) A carrier may make a referral of an injured employee at anytime to the Department to be considered for the Department provided reemployment services program. The carrier shall make referrals to the Department for reemployment services by submitting either an electronic Request for Screening Form DFS-F3-DWC-23, through the Reemployment Services Web Portal located on the internet at https://wcres.fldfs.com/resportal/login.aspx or on a Rrequest for Sscreening Form DFS-F3-DWC-23, which is incorporated by reference in Rule 69L-22.011, F.A.C.

(2) Upon discontinuation of carrier sponsored services pursuant to subsection Section 440.491(5), F.S., the carrier shall make referrals to the Department for reemployment services by submitting either an electronic Request for Screening form DFS-F3-DWC-23, through the Reemployment Services Web Portal located on the internet at https://wcres.fldfs.com/resportal/login.aspx or on a request for screening form DFS-F3-DWC-23, which is incorporated by reference in Rule 69L-22.011, F.A.C.

(3) No change.

Rulemaking Authority 440.491(5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.008, Formerly 6A-22.005, Amended__________.

 

69L-22.006 Screening Process.

(1) No change.

(2) An injured employee may submit an electronic request for screening through the Injured Employee Web Portal located on the internet at https://wcres.fldfs.com/resportal/ieweb/ielogin.aspx. An electronically submitted request for screening shall be considered electronically signed by the injured employee.

(3)(2) The screening process shall consist of:

(a) A review of all available medical and vocational documentation relevant to the compensable injury to determine whether the injured employee is able to perform the duties of the pre-injury occupation; and

(b) A review of the documentation which supports the payment of temporary partial disability and wage loss benefits to determine the injured employee’s inability to obtain suitable gainful employment because of his injury; and

(c) An interview with the injured employee; and.

(d) A vocational assessment. The vocational assessment shall determine the relevance and weight of the following factors in the case: the permanent physical restrictions, if any, present in the case; the availability of employment with the employer at the time of the injury; the injured employee’s transferable skills and the labor market; whether the injured employee conducted an unsuccessful job search, and the reasons the job search was unsuccessful; the injured employee’s education and academic skills and vocational education; the injured employee’s motivation; the injured employee’s financial ability to complete a training and education program; and the availability of transportation to allow the injured employee to complete a training and education program. The vocational assessment shall determine whether the injured employee is ineligible to receive reemployment services, or is eligible to receive reemployment services. If the injured employee is eligible to receive reemployment services, the vocational assessment shall determine which of the following shall be offered to the injured employee: placement, and/or on-the-job training, and/or a vocational an evaluation, and/or a training and education re-training program costing less than $2,500 and lasting twelve (12) six (6) months or less.

(4)(e) A rehabilitation provider performing counselor or vocational evaluator providing vocational assessments shall:

(a)1. Conduct an initial interview with the injured employee;

(b)2. Submit to the Department within thirty (30) calendar days of the initial interview a written report which shall address each of the vocational assessment factors enumerated above and discuss how the provision of the recommended service(s) will facilitate reemployment;

(c)3. Conduct an exit interview with the injured employee; and

(d)4. Submit to the Department within ten (10) days of submission of the written report a statement of acknowledgement of the vocational assessment signed by the injured employee and the rehabilitation provider counselor or vocational evaluator.

(5)(3) The carrier shall provide, within 10 business days of receipt of a request from the Department, any medical, vocational, and other requested documents or reports related to the injured employee’s workers’ compensation case.

(6)(4) The Department may request the information directly from the authorized treating physician(s), or qualified rehabilitation provider(s), or obtain the services of an expert medical adviser to identify the injured employee’s ability to return to work, permanent impairment rating, and permanent work restrictions.

(7)(5) The Department may provide the following vocational assessment services as part of the screening process to determine eligibility: orientation, employability skills training, counseling, vocational testing, transferable skills analysis, labor market surveys, vocational assessment services, job analysis and evaluation.

(8)(6) The Department shall not provide any reemployment services, including a vocational evaluation unless the injured employee provides documentation to establish identity and employment eligibility. Such documentation shall be consistent with the acceptable documents for verifying identity and employment eligibility as required by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services’ Form 1-9, Justice, Immigration and Naturalization Service’s Employment Eligibility Verification Form I-9 (Rev. 03/08/13 N 11-21-91) which is available at http://www.uscis.gov/files/form/i-9.pdf.

(9)(7) The Department shall not provide a vocational evaluation or any reemployment services when form DFS-F3-DWC-23, Request for Screening, 05/05/2004, which is signed by the injured employee, is received by the Department more than one (1) year from the date of last payment of indemnity benefits or the furnishing of remedial treatment, care, or attendance from the employer or carrier.

(10)(8) Following a Department screening the Department shall not provide any additional reemployment services or refer the injured employee for a vocational evaluation:

(a) If the injured employee’s medical condition is unresolved or unstable, until such time as the medical condition becomes stable; or

(b) through (c) No change.

(11)(9) The Department shall not refer the injured employee for a vocational evaluation if the injured employee:

(a) Has returned to suitable gainful employment as a result of placement services provided by the Department; or

(b) Has no documented permanent physical restrictions related to the injury; or

(c) Has transferable skills which would allow return to work in suitable gainful employment; or

(d) through (e) No change.

Rulemaking Authority 440.491(6), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.009, Amended 5-5-04, 5-7-09, Formerly 6A-22.006, Amended___________.

 

69L-22.007 Vocational Evaluations.

(1) No change.

(2) A vocational evaluator under contract with the Department to provide vocational evaluations shall: The Department shall accept a vocational evaluation only if the vocational evaluation meets the requirements of and contains the information identified in paragraph 69L-22.010(2)(e), F.A.C.

(a) Ensure any test site used for Department sponsored vocational evaluations meets the definition of “test site” set forth in subsection 69L-22.001(9), F.A.C.;

(b) Be responsible for the administration, scoring and interpretation of all testing instruments and work samples used as part of the vocational evaluation process;

(c) Remove or cure conditions that invalidate test results;

(d) Provide adaptive evaluation tools or techniques to accommodate any physical or functional disability or language barrier;

(e) Conduct an initial interview with the injured employee; and

(f) Submit to the Department, within forty-five (45) calendar days of Department approval of services, a written report which shall:

1. Include an interpretation of testing instruments and work samples used, specifying the form and level of tests, percentile scores, norm groups, grade levels, standard scores and stanine scores as applicable to the test instrument;

2. Identify the injured employee’s physical and intellectual capabilities, aptitudes, achievements, work related behaviors, and interests. The sole interests of the injured employee cannot be the only basis for the vocational evaluator’s recommendation;

3. Identify residual or transferable skills;

4. Identify the most appropriate vocational objectives;

5. Identify which reemployment service(s) are necessary for the injured employee to return to suitable gainful employment;

6. Discuss how the provision of the recommended service(s) will facilitate reemployment; and

7. When a training and education program is recommended, include the rationale for the recommended program, the entrance, enrollment and exit requirements of the program, the anticipated program costs and the proximity of the training and education facility to the injured employee’s customary residence.

(3) Any rehabilitation provider or employee of the Department or other public or private agencies administering, scoring and interpreting testing instruments shall have the training and education required by the publisher of the testing instrument.

(4) Testing instruments, including work samples, used in vocational evaluations, reemployment assessments or other reemployment service activities may be administered and scored under the supervision of a rehabilitation provider. Testing instruments shall be interpreted by the rehabilitation provider with whom the contract for services is authorized.

Rulemaking Authority 440.491(5), (6), (8), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Formerly 38F-55.010, Formerly 6A-22.007, Amended__________.

 

69L-22.008 Reemployment Services and Programs.

(1) The Department shall approve sponsorship of reemployment services provided through an on-the-job training program, job placement or a training and education program when recommended in a Department reemployment plan.

(2) When the Department provides a vocational assessment or a vocational evaluation to the injured employee, the vocational assessment or vocational evaluation shall determine the reemployment services, such as are enumerated without limitation in paragraph Section 440.491(1)(f), F.S., necessary to return the injured employee to suitable gainful employment. The Department will approve and sponsor reemployment services if:

(a) The vocational assessment is completed by a qualified rehabilitation counselor or the vocational evaluation is completed by a vocational evaluator approved by the Department, as the case may be; and

(a)(b) The vocational assessment is compliant with paragraph 69L-22.006(3)(d) 69L-22.006(2)(d), F.A.C., or

(b)(c) The vocational evaluation contains the information identified in paragraph 69L-22.007(2)(f) 69L-22.010(2)(e), F.A.C., and

(c)(d) The vocational evaluation demonstrates that the injured employee:

1. through 2. No change.

(3) Upon request, a rehabilitation provider rendering Department approved reemployment services, including vocational evaluations, shall make available to the Department information and documentation to certify that the authorized service(s) were completed pursuant to this rule.

(4)(3) The Department shall approve training and education sponsor retraining programs which exceed 52 weeks only when there is no program shorter than 52 weeks which would enable the injured employee to return to suitable gainful employment, the injured employee provides a plan for living expenses during the period in excess of 52 weeks, and has no formal marketable vocational training and education. one of the following conditions apply:

(a) The injured employee has no formal marketable vocational training and education; or

(b) The injured employee has documented physical restrictions as a result of the injury.

(5)(4) If the Department determines a training and education program is necessary to return an injured employee to suitable gainful employment, the Department shall have the exclusive right to approve training and education determine the educational programs and facilities at which to sponsor the injured employee.

(a) For all dates of accidents, training and education programs which only accept students from an applicant pool after the students complete a prerequisite curriculum may be approved only if the injured employee presents evidence of acceptance into such program.

(b) For dates of accident October 1, 1989 through and including September 30, 2003, training and education programs at private training and education facilities shall not be approved unless such recommended training and education is not offered at a public training and education educational facility or provides an overall cost/time savings to the Workers’ Compensation System, which can be justified.

1. Baccalaureate or Graduate level studies may be approved only if the training and education program builds capitalizes on prior training and education and/or aptitudes;, and

2. The program under consideration firmly establishes marketability toward suitable gainful employment for that injured employee;, and

3. The injured employee presents evidence of acceptance into a degree program prior to the Department’s Disposition letter of approval;, and

4. No change.

(c) For dates of accident on or after October 1, 2003 through and including June 30, 2010, only programs which are consistent with the requirements found in paragraph Section 440.491(6)(a), Florida Statutes, as effective on October 1, 2003, shall be approved.

(d) For dates of accident on or after July 1, 2010, only training and education programs which are consistent with the requirements found in paragraph 440.491(6)(a), Florida Statutes, as effective on July 1, 2010, shall be approved.  Training and education services secured from additional providers must demonstrate an overall cost / time savings.

(6)(5) The Department shall not transfer its approval sponsorship of reemployment services outside the range of the labor market survey unless the Department determines that the substantially same services are available in the location to which they would be transferred a labor market survey for the new area supports the specific recommendation of the vocational evaluation.

(7)(6) The Department shall not approve sponsor reemployment services if the vocational evaluation does not recommend reemployment services.

Rulemaking Authority 440.491(5), (6), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.011, Amended 3-1-05, 5-7-09, Formerly 6A-22.008, Amended___________.

 

69L-22.009 Employee Responsibilities.

(1) Upon approval of training and education by the Department sponsored reemployment services, the injured employee and Department staff shall sign and date:

(a) A Department and student agreement for sponsorship of training and education form DFS-F3-DWC-24, Department and Student Agreement for Sponsorship of Training and Education, 05/05/2004, which is incorporated by reference in Rule 69L-22.011, F.A.C., and

(b) An Individualized Written Reemployment Plan.

(2) An employee who refuses retraining and education after the recommendation of a vocational evaluator and approval by the Department, will forfeit his or her entitlement to further training and education benefits, as well as additional payment for lost wages under Chapter 440, F.S. The following shall not be deemed a refusal of training and education:

(a) Failure to participate in a recommended retraining program due to medical instability; or

(b) Failure to participate in a recommended retraining program due to an adverse change in the employee’s medical status; or

(c) Failure to participate in a recommended retraining program due to the school’s failure to offer the approved program; or

(d) Failure to participate in a recommended retraining program due to a family medical emergency.

Rulemaking Authority 440.491(5), (6), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.012, Amended 3-1-05, 5-7-09, Formerly 6A-22.009, Amended___________.

 

69L-22.010 Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities.

Rulemaking Authority 440.491(5), (6), (7), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.013, Amended 5-5-04, 5-7-09, Formerly 6A-22.010, Repealed______________.

 

69L-22.011 List of Forms.

(1) The following forms are to be used with this rule chapter and are hereby incorprated by reference: Forms DWC-21, Reemployment Services Billing Form; DWC-22, Reemployment Status Review Form; DFS-F3-DWC-23, Request for Screening; DFS-F3-DWC-24 Department and Student Agreement for Sponsorship of Training and Education; DWC-96, Qualified Rehabilitation Provider Application; File Layout for Electronic Submission, Revision A Record Length: 1000 Header Record Layout for DWC-22, and File Layout for Electronic Submission, Revision C Record Length: 1200 Header Record Layout for DWC-21 and accompanying instructions are incorporated by reference as part of this rule to become effective with the effective date of this rule. Each form shall be typed or legibly completed in order for the form to be considered properly filed or submitted with the Department.

(a) Form DFS-F3-DWC-23, Request for Screening, (05/05/2004), The carrier shall submit the form DWC-21 to the Department.

(b) Form DFS-F3-DWC-24, Department and Student Agreement for Sponsorship of Training and Education, 05/05/2004 Reemployment status review form shall be submitted to the Department on form DWC-22.

(c) Request for screening form shall be submitted to the Department on Form DFS-F3-DWC-23.

(d) Department and student agreement for sponsorship of training and education form shall be completed on Form DFS-F3-DWC-24.

(e) Qualified rehabilitation provider application shall be submitted to the Department on form DWC-96.

(2) The Department will not supply the forms promulgated under this chapter, but will make sample forms available on the Department’s web site at: http://www.myfloridacfo.com/Division/wc/. A copy of the forms and accompanying instructions incorporated by subsection 69L-22.011(1), F.A.C., may be obtained from the Department of Financial Services, Bureau of Employee Assistance and Ombudsman Office, 200 East Gaines Street, Tallahassee, Florida 32399-4225. Copies are also available at the following Department web site: http://myfloridacfo.com/WC/forms.htmlhttp://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm.

Rulemaking Authority 440.491(5), (6), (7), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.014, Amended 5-5-04, 5-7-09, Formerly 6A-22.011, Amended_________.

 

69L-22.012 Expenditures from the Workers’ Compensation Administrative Trust Fund.

(1) The Department shall authorize reimbursement for reemployment services received from qualified rehabilitation providers from the Workers’ Compensation Administration Trust Fund at a maximum rate of $85.00 55.00 per hour. The total reimbursement for a vocational an evaluation may not exceed $1,100.00 per evaluation.

(2) The Department shall expend funds from the Workers’ Compensation Administration Trust Fund only:

(a) For vocational evaluations and training and education retraining for dates of accident on or after October 1, 1989 through December 31, 1993;, and

(b) For vocational evaluations, training and education and reemployment services authorized by the Department pursuant to Chapter 69L-22, F.A.C., for dates of accident on or after January 1, 1994.

(3) The maximum cost the Department shall expend for an approved training and education retraining plan shall not exceed 85% of the injured employee’s pre-injury average weekly wages as calculated on an annual basis, which amount shall include:

(a) Pre-approved costs for fees, tuition, books and special supplies required by the approved training and education program curriculum;, and

(b) Pre-approved costs for board, lodging, and travel at the rate currently allowed for state employees when an approved training and education program requires temporary relocation for participation;, or pre-approved mileage reimbursement at the rate currently allowed for state employees for mileage to the training and education facility in excess of 50 miles, one-way, using the most direct route from the injured employee’s customary residence. Mileage expense will not be reimbursed or paid by the Department when the training and education facility is less than 50 miles from the injured employee’s customary residence at the time of approval for training and education.

(c) Pre-approved mileage reimbursement at the rate currently allowed for state employees for mileage to the training facility in excess of 50 miles, one-way, using the most direct route from the injured employee’s customary residence. Mileage expense will not be reimbursed or paid by the Department when the training facility is less than 50 miles from the injured employee’s customary residence at the time of approval for training.

(4) No change.

(5) The Department shall not reimburse or pay for any reemployment services independently initiated or obtained by the injured employee without prior written approval from the Department of the proposed reemployment plan recommending such reemployment services, including any expenses associated with training and retraining or education.

(6) through (7) No change.

(8) The Office of the Judge of Compensation Claims shall have jurisdiction over claims relating to additional temporary total disability compensation provided in paragraph Section 440.491(6)(b), F.S.

Rulemaking Authority 440.491(5), (6), (7), (8), 440.591 FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 12-2-98, 6-26-01, Formerly 38F-55.015, Amended 5-7-09, Formerly 6A-22.012, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephen Yon, Chief, Bureau of Employee Assistance & Ombudsman Office, Division of Workers’ Compensation, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2014

DATE NOTICES OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 7, 2011 and November 4, 2011 (Note: The Rule Development notices were published under Chapter 6A-22, this chapter has since been transferred to Chapter 69L-22.)