Chapter 07. Vocational Rehabilitation
Regulation .01 Definitions.LinkCopy Citation
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.
(3)
“Commission” means the Maryland Workers' Compensation Commission.
(4)
“Director” means the Director of Rehabilitation of the Maryland Workers' Compensation Commission.
(5)
“DORS” means Maryland State Department of Education Division of Rehabilitation Services.
(6)
“Enrolled vocational rehabilitation organization” means an organization or company that:
(a)
Employs, or has working on its behalf, at least one registered vocational rehabilitation practitioner; and
(b)
Has enrolled with the Commission.
(7)
“Functional Capacity Evaluation (FCE)” means the systematic process of assessing an individual's physical capacities and functional abilities and matching human performance levels to the demands of a specific job or work activity or occupation.
(8)
“Job placement” means services provided to support the disabled covered employee's search for work including, but not limited to, identifying job leads, arranging interviews, teaching techniques for effective job searches, resume writing, interviewing and job application completion,
(9)
“Nurse case manager” means a nurse who is certified by the State Board of Nursing to provide case management services, including but not limited to interviewing the worker for the purpose of implementing and coordinating services with health care providers and with the worker and the worker's family.
(10)
“Office” means the Office of Vocational Rehabilitation of the Maryland Workers' Compensation Commission.
(11)
Provider.
(a)
“Provider” means the enrolled vocational rehabilitation organization that provides vocational rehabilitation services to a claimant through a registered vocational rehabilitation practitioner.
(b)
“Provider” includes the Maryland State Department of Education Division of Rehabilitation Services (“DORS”).
(12)
“Rehabilitation counselor” means a qualified individual who is engaged in activities leading to vocational assessment or job placement, or both, of an injured worker.
(13)
“Rehabilitation practitioner” means an individual who provides vocational rehabilitation services including:
(a)
A nurse certified by the State Board of Nursing as a nurse case manager;
(b)
A rehabilitation counselor; and
(c)
A vocational evaluator.
(14)
“Retraining plan” means a plan for providing the disabled covered employee with educational and vocational training and may include on-the job training.
(15)
“Self-employment plan” means a business plan for self-employment that identifies the skills, experience and expertise necessary to manage the business, and may include a complete business description, an organization plan, owner/operator qualifications, a marketing plan supported by factual information concerning the demand for products or services, income projections, a sound start-up financial plan, financial resources needed to start the business, and a contingency plan in the event the self-employment plan targets are not met.
(16)
“Suitable gainful employment” has the meaning stated in Labor and Employment Article, §9-670(c), Annotated Code of Maryland.
(17)
“Vocational assessment” has the meaning stated in Labor and Employment Article, §9-670(d), Annotated Code of Maryland.
(18)
“Vocational evaluator” means a qualified individual who utilizes a comprehensive process that systematically uses the simulated or actual work environment as the basis for vocational assessment and exploration.
(19)
“Vocational rehabilitation services” has the meaning stated in Labor and Employment Article, §9-670(e), Annotated Code of Maryland.
(20)
“Vocational testing” means standardized interest, aptitude, achievement, and other specific skills tests used to identify areas of interest and aptitudes for various types of work, and compatibilities with different work environments. The types of test may include but are not limited to the Wide Range Achievement Test (WRAT), the General Aptitude Test Battery (GATB), Strong Interest Inventory, the Myers-Briggs Type Indicator, and the Test of Nonverbal Intelligence.
Regulation .02 Application Procedures for Registration.LinkCopy Citation
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, Annotated Code of Maryland; and
(4)
Payment in the amount of the application fee established by the Commission.
B.
Automatic Registration.
(1)
Nurse Case Managers. A nurse case manager certified by the State Board of Nursing is automatically registered with the Commission upon:
(a)
Completion of the Commission application form; and
(b)
Payment of the fee established by the Commission.
(2)
Other Health Practitioners. Any health care provider who is licensed or certified by the applicable State licensing board or commission and who provides vocational rehabilitation services is automatically registered with the Commission upon:
(a)
Completion of the Commission application form; and
(b)
Payment of the fee established by the Commission.
(3)
If another State licensing board or commission's certification is valid for a period of time less than a provider's registration under Regulation .02 of this chapter, the provider shall submit a copy of the provider's certificate or renewal to the Director within 30 days after receiving the certificate or renewal.
(4)
A health care provider who is licensed or certified by an applicable State licensing board or commission and is automatically registered with the Commission under this regulation shall maintain their license or certificate in good standing in order to maintain automatic registration as a practitioner with the Commission. If the practitioner’s license or certificate expires or otherwise ceases to remain in good standing, the practitioner shall immediately notify the Director.
C.
Waiver of Registration.
(1)
The Commission shall keep a list of providers who are not required to be registered with the Commission in accordance with §A or B of this regulation.
(2)
A provider who is not required to be registered with the Commission shall file a request for waiver on a form prescribed by the Commission every 2 years.
D.
Review of Application.
(1)
The Commission shall review applications for registration and requests for waivers.
(2)
The Commission may refer an application to the Advisory Committee for review, evaluation, and recommendations.
(3)
If an application has been referred to the Advisory Committee for review, the Commission shall place the application under advisement until the Advisory Committee makes its recommendation regarding the applicant.
(4)
After the Advisory Committee makes its recommendations, the Commission shall consider the application and recommendations at its regularly scheduled monthly meeting. The Commission need not accept the Advisory Committee's recommendations.
(5)
If the application is approved, the Commission shall promptly register the applicant as a provider of vocational rehabilitation services.
E.
Term and Renewal of Registration.
(1)
A registration is valid for 3 years from the date of issuance.
(2)
Notice of renewal and a renewal application shall be:
(a)
Sent to each registered provider before the registration's expiration date; and
(b)
Returned to the Director by the deadline for renewal.
(3)
Requirements for Renewal of Registration.
(a)
Continuing Education Requirements — Renewal of Registration. Except for a practitioner automatically registered under §B of this regulation, a practitioner shall meet the following continuing education requirements for registration renewal:
(i)
A minimum of 12 hours of continuing education credits in workers’ compensation related programs within the 3-year period preceding the application for renewal; and
(ii)
At least six of the credits specified in §E(3)(a)(i) of this regulation shall be in training or information classes given or approved by the Commission.
(b)
Along with the renewal application, a provider shall submit appropriate documentation that the provider has satisfied the continuing education requirements specified in §E(3)(a) of this regulation.
(c)
If a provider has not completed at least 12 hours of continuing education credits within the 3-year period preceding an application for renewal, the Commission has the sole discretion to determine the sufficiency of efforts by the provider in deciding whether to renew the provider's registration.
Regulation .03 Hearings on Denial of Application or Request for Waiver.LinkCopy Citation
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 conduct a hearing which is presided over by a panel of three Commissioners.
(2)
After a hearing, the Commission shall promptly issue a final order which shall be decided by at least two of the three Commissioners.
(3)
If an applicant fails to request a hearing within the time prescribed by §A(2) of this regulation, the Commission shall issue a final order denying the application.
C.
The applicant may appeal a final decision of the Commission in accordance with Labor and Employment Article, §9-737, Annotated Code of Maryland.
Regulation .04 General Rules for Vocational Rehabilitation Service Practitioners.LinkCopy Citation
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.
C.
The vocational rehabilitation practitioner shall exercise independent and professional judgment when performing an assessment or developing a vocational rehabilitation plan.
D.
At the initial comprehensive assessment, a practitioner shall advise the disabled covered employee that:
(1)
The practitioner's fees are paid by the employer/insurer; and
(2)
The practitioner is an independent professional and shall render an opinion based solely on the facts and evidence in the case.
E.
Subject to any applicable privilege, a practitioner shall notify all parties of any contact with or about the disabled covered employee, whether that contact was in person, in writing, or made electronically.
F.
Unless the disabled covered employee consents in writing, a practitioner may not be present during a medical examination.
G.
With the written consent of the disabled covered employee, a practitioner may seek a healthcare provider's opinion following examination.
H.
A practitioner shall comply with:
(1)
The Commissioner's orders and procedures; and
(2)
Standards of practice adopted by the practitioner's State licensing board or commission, if applicable.
I.
Penalties. Violation of this regulation may result in the Commission:
(1)
Suspending or revoking the practitioner's registration;
(2)
Placing the practitioner on probation; or
(3)
Reprimanding the practitioner.
Regulation .05 Standards of Practice for Rehabilitation Counselors and Vocational Evaluators.LinkCopy Citation
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.
(2)
Rehabilitation counselors and vocational evaluators shall function within the limits of their defined roles, training, and professional competencies.
(3)
Rehabilitation counselors and vocational evaluators may not engage in any activity which may compromise the health, safety, or welfare of the disabled covered employee, and shall avoid continuing a consulting or counseling relationship if it is reasonably expected that the relationship can be of no benefit to the client.
(4)
Rehabilitation counselors and vocational evaluators shall demonstrate honesty and objectivity in:
(a)
The administration, scoring, interpretation, and utilization of assessment instruments;
(b)
The writing of reports; and
(c)
Charges for professional services.
(5)
Rehabilitation counselors and vocational evaluators may not engage in harassment or discrimination of disabled covered employees on the basis of age, race, creed, national origin, gender, disability, or religious affiliation.
(6)
Rehabilitation counselors and vocational evaluators may not engage in any act or omission of a dishonest, deceitful, or fraudulent nature in the conduct of their professional activities.
(7)
Rehabilitation counselors and vocational evaluators may not allow the pursuit of financial gain or other personal benefit to interfere with the exercise of sound professional judgment and skills.
(8)
Rehabilitation counselors and vocational evaluators may not disparage the competency or ethics of other professionals or agencies in discussions with their clients.
(9)
Rehabilitation counselors and vocational evaluators shall perform appropriate and objective vocational evaluations and vocational assessments promptly.
(10)
Rehabilitation counselors and vocational evaluators shall work cooperatively in a multidisciplinary effort to provide services leading to suitable gainful employment for an injured worker.
C.
Penalties. Violation of one or more of the standards in §B of this regulation may result in the Commission:
(1)
Suspending or revoking the practitioner's registration;
(2)
Placing the practitioner on probation; or
(3)
Reprimanding the practitioner.
Regulation .06 Complaints Against Practitioners.LinkCopy Citation
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 Street, Baltimore, MD 21202; and
(b)
Marked CONFIDENTIAL.
B.
Preliminary Procedures.
(1)
If the Director determines that the complaint may be meritorious, the Director shall:
(a)
Promptly notify the practitioner in writing that a complaint has been filed against the practitioner; and
(b)
Send the practitioner a copy of the complaint by registered mail.
(2)
Within 21 days after receipt of the complaint, the practitioner may:
(a)
Respond in writing to the complaint; and
(b)
Submit to the Director any additional information that may be relevant to the Director's investigation.
(3)
The Director shall ascertain whether the complaint is within the jurisdiction of the Commission or any other health licensing boards or commissions. If the complaint is within the jurisdiction of another licensing board or commission, the Director shall promptly send a copy of the complaint to the appropriate licensing board or commission.
(4)
If the Director determines that there is insufficient information to make a fair determination of the conduct alleged in the complaint, the Director may request additional information from the complainant or others.
(5)
If the Director requests additional information from the practitioner, the practitioner shall respond within the time specified by the Director. Failure to respond or to participate in the Director's investigation may result in a finding against the practitioner and a reprimand or suspension or revocation of the practitioner's registration.
C.
Referral to Commission.
(1)
If the Director determines that there is reasonable cause to believe that the practitioner has violated one or more of the Commission's regulations or standards of practice, the Director shall refer the complaint to the Commission for a decision. The Director shall promptly inform the practitioner by registered mail that the complaint has been referred to the Commission.
(2)
The practitioner shall respond in writing within 21 days after receipt of notice of the referral. The response shall indicate whether the practitioner:
(a)
Intends to defend against the allegations of the complaint; and
(b)
Requests a hearing.
(3)
If the practitioner does not request a hearing within the time limit specified in §C(2) of this regulation, the Commission may rule on the complaint with or without a hearing. Top of Form
Regulation .07 Procedures for Hearings on Complaints.LinkCopy Citation
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 Commission shall be presented first. The respondent shall then present the respondent's case. After that, rebuttal is permitted.
(3)
All parties appearing at hearings have the right to appear in proper person, or by or with counsel.
(4)
If a practitioner who has requested a hearing and been served with notice fails to appear for the hearing, the Commission may:
(a)
Proceed with the hearing; and
(b)
On the evidence presented, make its decision.
C.
Records and Transcripts.
(1)
The Commission shall prepare an official record which includes all:
(a)
Pleadings;
(b)
Testimony;
(c)
Exhibits; and
(d)
Other memoranda or material filed in the proceeding.
(2)
A record of the proceeding shall be made at the expense of the Commission. This record need not be transcribed unless requested by a party or by the Commission. The cost of any typewritten transcripts of proceeding, or part of them, shall be paid by the party requesting the transcript.
D.
Decision and Order.
(1)
After the hearing, the Commission shall promptly issue an order which shall be decided by two out of the three Commissioners.
(2)
A copy of the Commission's decision and order shall be served on:
(a)
Each party; or
(b)
The party's attorney of record.
E.
Rehearing.
(1)
A party aggrieved by the Commission's decision may move for a rehearing within 10 days after service of the decision and order.
(2)
Unless otherwise ordered, a rehearing or a request for rehearing does not stay the enforcement of the Commission’s order, or excuse the persons affected by it for failure to comply with its terms.
(3)
The Commission may decide the request with or without a hearing.
F.
Appeals. Either the practitioner or the Director may appeal the final decision of the Commission as provided by Labor and Employment Article, §9-737, Annotated Code of Maryland.
Regulation .08 Application Procedures for Enrollment of Providers.LinkCopy Citation
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; and
(2)
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.
C.
Term, Conditions and Renewal of Enrollment.
(1)
Enrollment is valid for 2 years from the date of issuance.
(2)
The Commission shall provide each enrolled provider with a notice of renewal and a renewal application 30 days prior to the expiration date of the current enrollment.
(3)
The enrolled provider shall return the application for renewal to the Rehabilitation Office by the specified deadline for renewal.
(4)
The enrolled provider shall update the list of registered practitioners employed by the provider semi-annually.
(5)
Unless a provider has enrolled with the Commission, a provider may not be eligible for referral under Regulation .09F of this chapter.
Regulation .09 Selection of Practitioner.LinkCopy Citation
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 of the provider.
D.
A disabled covered employee may obtain vocational rehabilitation services only in accordance with this regulation.
E.
Referral by Agreement or Order.
(1)
The parties shall attempt to reach agreement on:
(a)
Whether vocational rehabilitation services are appropriate in the case; and
(b)
The registered practitioner to provide the vocational rehabilitation services.
(2)
If the parties reach agreement on both the propriety of the services and the practitioner, the parties shall complete the prescribed Commission form indicating their agreement and identifying the selected practitioner.
(3)
The parties shall file the form with the Commission and send a copy of the form to the selected practitioner.
(4)
Unless the practitioner has received a copy of form selecting the practitioner as the individual to provide services, the practitioner may not:
(a)
Contact the disabled covered employee directly or through an agent; or
(b)
Initiate vocational rehabilitation services.
(5)
If the parties are unable to agree that vocational rehabilitation services are appropriate, the dispute shall be resolved in accordance with Regulation .12 of this chapter.
(6)
If the Commission determines that vocational rehabilitation services are appropriate, the parties shall attempt to reach agreement on the identity of the registered practitioner to provide the vocational rehabilitation services in accordance with this section.
F.
Referral Without Agreement.
(1)
If the parties agree that vocational rehabilitation services are appropriate, or the Commission has determined that services are appropriate, but the parties cannot agree on a practitioner, each party has 5 business days from the date the parties were unable to reach agreement to:
(a)
Notify the Commission of the dispute; and
(b)
Identify three registered practitioners and the enrolled provider for whom the practitioner works, if applicable, for consideration.
(2)
Notice of the dispute and identification of the three preferred practitioners and corresponding providers shall be made electronically on a form prescribed by the Commission.
(3)
Within 5 days of filing the notice of dispute and identification of three preferred practitioners and corresponding providers, each party shall strike two of the practitioners/providers from the opposing party's list and submit those strikes, by close of business, to the opposing party and to the Director by hand-delivery or facsimile.
(4)
The Commission shall select one of the two remaining preferred practitioners and corresponding providers and inform the parties of this selection. All parties are bound by this selection.
(5)
If a party fails to submit three registered practitioners and corresponding providers or to submit two strikes, the Commission shall select a practitioner/provider from the opposing party's list.
Regulation .10 Assessment and Reporting.LinkCopy Citation
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.
(3)
A comprehensive vocational assessment may include evaluation of the disabled covered employee's:
(a)
Age;
(b)
Education, including information about education level, courses or transcripts, licenses, and certifications or registrations obtained by the disabled covered employee in the past;
(c)
Complete work history, addressing any gaps in employment;
(d)
Transferable skills and experience, whether obtained from prior employment, prior courses and training, prior vocational rehabilitation services or plans, or non-work related activities such as hobbies and/or volunteer experience;
(e)
Current physical and mental conditions caused by the injury or occupational disease, and the effect of those conditions on the disabled covered employee's ability to work;
(f)
Pre-existing physical and mental conditions and the effect of those conditions on the disabled covered employee's ability to work;
(g)
Post-injury physical and mental conditions and the effect of those nonrelated conditions on the disabled covered employee's ability to work;
(h)
Wage and employment at the time of injury;
(i)
Barriers to employment, including whether the barriers can be removed and what is needed to address the barriers;
(j)
Current financial status; and
(k)
Family supports/psychosocial aspects.
B.
Reports.
(1)
A practitioner shall:
(a)
Prepare a written report within 30 days of the comprehensive vocational assessment;
(b)
Prepare periodic progress reports every 30 days showing the activity and type of vocational rehabilitation services provided; and
(c)
Submit copies of all reports to the Commission, the employer/insurer, and the disabled covered employee's attorney.
(2)
A practitioner shall include the following information in a comprehensive assessment report:
(a)
If the practitioner is unable to obtain the information set forth in §A(3) of this regulation, documentation of the practitioner's efforts to secure that information;
(b)
A determination of whether the disabled covered employee is able to work and if so, in what capacity, including whether the disabled covered employee can return to work in any capacity with the former employer and whether the disabled covered employee can return to work in a new job based on transferrable skills;
(c)
Recommendations for additional testing including, but not limited to, a Functional Capacity Evaluation, psychiatric evaluation, and vocational testing;
(d)
If no additional testing is recommended, identification of the order of vocational services to be provided; and
(e)
A job analysis, approved by the healthcare provider, for the job or jobs for which the disabled covered employee is able to work if applicable.
(3)
A practitioner shall prepare periodic progress reports that contain the following information:
(a)
A review of the disabled covered employee's compliance with the vocational rehabilitation plan, including any issues involving attendance, grades, and progression;
(b)
A list of the dates the vocational rehabilitation counselor contacted the disabled covered employee and any training site, if applicable;
(c)
A description of the work-related skills the disabled covered employee has acquired and a comparison with the vocational rehabilitation plan;
(d)
A summary of all actions taken in the past 30 days, including progress on previously recommended actions;
(e)
Identification of any barriers preventing completion of the plan and actions taken by the practitioner to address those barriers; and
(f)
A statement of whether the disabled covered employee is progressing as expected and will complete the plan by the target end date.
(4)
The parties shall provide the Rehabilitation Office with such medical information as the Rehabilitation Office may direct.
Regulation .11 Vocational Rehabilitation Services and Plans.LinkCopy Citation
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 either in the vocational rehabilitation plan or in the initial assessment report.
(3)
In providing vocational rehabilitation services, a practitioner shall attempt to return a disabled covered employee to suitable gainful employment in accordance with the following order of preference:
(a)
Returning the disabled covered employee to the same job with the same employer;
(b)
Modifying the same job with the same employer;
(c)
Finding a new job with the same employer;
(d)
Finding a job with a new employer;
(e)
On the job training;
(f)
Formally retraining the disabled covered employee for a period of time designed to lead to suitable gainful employment; and
(g)
Self-employment.
B.
Vocational Rehabilitation Plan—Components.
(1)
Vocational rehabilitation plans shall follow the hierarchy of services set forth in §A of this regulation.
(2)
If a disabled covered employee is unable to return to suitable gainful employment without the provision of vocational rehabilitation services, a practitioner shall prepare a proposed vocational rehabilitation plan.
(3)
A practitioner shall prepare a proposed rehabilitation plan on the vocational rehabilitation plan form prescribed by the Commission and shall complete the form in accordance with the instructions provided.
(4)
A practitioner shall document in the proposed rehabilitation plan that each level of the hierarchy of services set forth in §A of this regulation has been considered during plan development.
(5)
If the vocational rehabilitation plan includes a job placement plan, the practitioner shall include the following items in the vocational rehabilitation plan:
(a)
The specific vocational goals;
(b)
The specific types of services to be provided;
(c)
Any viable job leads;
(d)
A specific timeline including starting and completion dates; and
(e)
Any estimated costs necessary to meet the specific vocational goals.
(6)
Retraining Plan.
(a)
If the vocational rehabilitation plan includes a formal retraining plan, the practitioner shall include the following items in the vocational rehabilitation plan:
(i)
The specific vocational retraining goal;
(ii)
The estimated costs necessary to meet the specific goal;
(iii)
Information about any formal course of study in the retraining plan including the name of the school, titles of classes, course length in weeks, attendance including beginning and ending dates, an itemized cost of tuition, books, and other necessary school charges; and
(iv)
Any other required costs.
(b)
The practitioner shall attach to the retraining plan the following items:
(i)
A copy of the course syllabus;
(ii)
The physical requirements of the work for which the retraining will prepare the disabled covered employee;
(iii)
Medical documentation demonstrating that the proposed training and field of work are within the disabled covered employee's physical restrictions;
(iv)
Reports of all vocational testing and evaluations; and
(v)
A recent labor market survey of the field for which the training is proposed.
(c)
In the proposed retraining plan, the practitioner shall explain why retraining is recommended, including a discussion of the other options considered and the likelihood that the proposed retraining plan will result in the employee's return to suitable gainful employment.
C.
Vocational Rehabilitation Plan—Approval.
(1)
The practitioner shall send copies of the proposed vocational rehabilitation plan to all parties.
(2)
Within 15 days after receipt of a proposed rehabilitation plan, a party may sign the plan or submit the reason for disagreement, in writing, to all parties.
(3)
Lack of response from a party is interpreted to mean that the party consents to the plan.
(4)
If the parties agree to the proposed vocational rehabilitation plan, the parties shall submit the plan to the Commission for approval.
(5)
The Commission may accept or reject the proposed plan, in whole or in part, and shall pass an order to that effect.
(6)
The parties shall attempt to resolve any disagreement concerning the recommendations contained in the proposed vocational rehabilitation plan.
(7)
If the parties are unable to reach agreement concerning the recommendations, the dispute shall be resolved in accordance with Regulation .12 of this chapter.
(8)
If a hearing is necessary to resolve the dispute, the practitioner shall appear at the hearing to present the practitioner's recommendations.
(9)
Expiration of Vocational Rehabilitation Plan.
(a)
Fifteen (15) days prior to the expiration date of the Vocational Rehabilitation Plan, the practitioner shall contact all parties and make recommendations to:
(i)
Discontinue services;
(ii)
Extend services; or
(iii)
Develop a new plan in accordance with §A of this regulation.
(b)
If the parties are unable to reach agreement concerning the practitioner's recommendations, the dispute shall be resolved in accordance with Regulation .12 of this chapter.
Regulation .12 Disputes, Noncompliance and Termination.LinkCopy Citation
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.
(4)
The Commission may award reasonable attorney fees in disputes arising out of vocational rehabilitation issues when deemed necessary given the particular facts of a claim.
B.
Noncompliance with Vocational Rehabilitation Plan. If a disabled covered employee is not meeting the employee's responsibilities or is not cooperating with vocational rehabilitation services, a practitioner shall:
(1)
Document the factual basis for that determination and the practitioner's efforts to promote the disabled covered employee's participation; and
(2)
Promptly notify all parties in writing.
C.
Termination of Vocational Rehabilitation Services.
(1)
Whenever a practitioner closes a case, the practitioner shall document the reasons for terminating vocational rehabilitation services.
(2)
Upon termination of vocational rehabilitation services or case closure, a practitioner shall notify all parties within 5 working days of the:
(a)
Reason for the termination or closure; and
(b)
Current employment status of the disabled covered employee.
(3)
A practitioner shall send a closure report to the Commission within 10 business days after notice of termination on the form prescribed by the Commission.
Chapter annotations
Authority: Labor and Employment Article, §§9-309, 9-6A-04, and 9-6A-07, Annotated Code of Maryland
History: Effective date: June 28, 1999 (26:13 Md. R. 1020)
History: Regulation .01B amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .05B, C amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .06A amended effective November 17, 2008 (35:23 Md. R. 2017)
History: Regulation .07B, F amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .08 adopted effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .09 adopted effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .10 adopted effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .11 adopted effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .12 adopted effective April 19, 2010 (37:8 Md. R. 619)
History: Chapter recodified from COMAR 14.09.05, Vocational Rehabilitation Practitioners, to COMAR 14.09.07, Vocational Rehabilitation Practitioners, effective March 3, 2014 (41:4 Md. R. 305)
History: Regulation .02A amended effective March 12, 2018 (45:5 Md. R. 287)
History: Regulation .02B, E amended effective October 18, 2021 (48:21 Md. R. 890)
History: Regulation .07D amended effective March 12, 2018 (45:5 Md. R. 287)
History: Regulation .07E amended effective October 18, 2021 (48:21 Md. R. 890)