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14.09.07.00.htm 14.09.07.00. Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS' COMPENSATION COMMISSION Chapter 07 Vocational Rehabilitation Practitioners Authority: Labor and Employment Article, §9-309, 9-6A-04, and 9-6A-07, Annotated Code of Maryland
14.09.07.01.htm 14.09.07.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Advisory Committee" means the Advisory Committee on the Registration of Rehabilitation Practitioners.2) "Case management functions" means the coordination and utilization of vocational rehabilitation services, either in person or telephonically, with respect to a specific injured worker, including the supervision of these duties performed by others.
14.09.07.02.htm 14.09.07.02. 02 Application Procedures for Registration.. A. To apply for registration with the Commission, an applicant shall submit to the Commission:. 1) An application on the form prescribed by the Commission completed in accordance with the directions provided;2) Two letters attesting to the applicant's moral character;. 3) Appropriate documentation that the applicant satisfies the education and experience requirements of Labor and Employment Article, §9-6A-09, Annotat
14.09.07.03.htm 14.09.07.03. 03 Hearings on Denial of Application or Request for Waiver.. A. Denial of Application.. 1) If the Commission denies an application or request for waiver, the Commission shall issue an order advising the applicant of the Commission's action.2) The applicant may request a hearing by submitting the prescribed Commission form to the Director within 30 days after the date of the order.B. Hearings and Final Orders.. 1) If a hearing is requested, the Commission shall
14.09.07.04.htm 14.09.07.04. 04 General Rules for Vocational Rehabilitation Service Practitioners.. A. A practitioner shall consider the best interests of a disabled covered employee in providing vocational rehabilitation services. Unrepresented disabled covered employees shall be treated in the same manner as represented disabled covered employees.B. A practitioner may not misrepresent the practitioner's duties or responsibilities or the workers' compensation process to disabled covered employees.
14.09.07.05.htm 14.09.07.05. 05 Standards of Practice for Rehabilitation Counselors and Vocational Evaluators.. A. Scope. This regulation applies only to rehabilitation counselors and vocational evaluators.. B. Standards.. 1) Rehabilitation counselors and vocational evaluators shall use their professional skills to promote a disabled covered employee's active participation in plan development and the rehabilitation process within the disabled covered employee's physical and mental abilities.
14.09.07.06.htm 14.09.07.06. 06 Complaints Against Practitioners.. A. Complaints.. 1) A complaint concerning a practitioner shall be:. a) In writing;. b) On the form prescribed by the Commission; and. c) Signed under oath by the complainant.. 2) The complaint as filed shall be confidential, unless introduced into evidence at a hearing before the Commission.3) All correspondence related to a complaint shall be:. a) Addressed to the Director of Rehabilitation, Workers' Compensation Commission, 10 E. Baltimore St
14.09.07.07.htm 14.09.07.07. 07 Procedures for Hearings on Complaints.. A. Notice of Hearing. The Commission shall send written notice of a hearing to all interested parties at least 30 days before the hearing. The notice shall state the:1) Date, time, and place of the hearing; and. 2) Issues or charges involved in the proceeding.. B. Conduct of Hearing.. 1) A hearing on a complaint against a practitioner shall be held before a panel of three Commissioners.2) Order of Procedure. The case on behalf of the C
14.09.07.08.htm 14.09.07.08. 08 Application Procedures for Enrollment of Providers.. A. To enroll with the Commission, the provider shall submit:. 1) An application on the form prescribed by the Commission completed in accordance with the directions provided; and2) A complete listing of all registered practitioners employed by the provider.. B. Upon approval of the application, the Commission shall promptly enroll the provider as an enrolled provider of vocational rehabilitation services.
14.09.07.09.htm 14.09.07.09. 09 Selection of Practitioner.. A. A rehabilitation practitioner shall register with the Commission in accordance with Regulation .02 of this chapter.B. To be eligible for referral under §F of this regulation, a provider shall enroll with the Commission in accordance with Regulation .08 of this chapter.C. The Commission website shall provide information regarding enrolled providers including the name, address, website address, and telephone number ofD. A disabled covered emp
14.09.07.10.htm 14.09.07.10. 10 Assessment and Reporting.. A. Comprehensive Vocational Assessment.. 1) As soon as practicable, a practitioner shall meet with the disabled covered employee and conduct a comprehensive vocational assessment in compliance with Labor and Employment Article, §9-670(d) Annotated Code of Maryland.2) A nurse case manager providing telephonic medical case management may conduct an initial assessment by telephone.
14.09.07.11.htm 14.09.07.11. 11 Vocational Rehabilitation Services and Plans.. A. Hierarchy of Vocational Rehabilitation Services.. 1) In determining the appropriate vocational rehabilitation services reasonably necessary to return a disabled covered employee to suitable gainful employment, a practitioner shall consider each of the factors specified in Labor and Employment Article, §9-673(b) Annotated Code of Maryland.2) A practitioner shall document that each factor has been considered eithe
14.09.07.12.htm 14.09.07.12. 12 Disputes, Noncompliance and Termination.. A. Disputes.. 1) If a dispute or issue arises regarding vocational rehabilitation services, the parties shall file electronically a vocational rehabilitation dispute form, as prescribed by the Commission.2) Upon receipt of the vocational rehabilitation dispute form, the Duty Commissioner shall contact the parties by telephone.3) If the Duty Commissioner is unable to resolve the dispute, a hearing will be scheduled within 5 business days.
14.09.07.9999.htm 14.09.07.9999. Administrative History Effective date: June 28, 1999 (26:13 Md. R. 1020). Regulation .01B amended effective April 19, 2010 (37:8 Md. R. 619). Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 619). Regulation .05B, C amended effective April 19, 2010 (37:8 Md. R. 619). Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619). Regulation .06A amended effective November 17, 2008 (35:23 Md. R. 2017).
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