Mich. Admin. Code R. 408.45a - Vocational rehabilitation

Rule 15a.

(1) The agency shall issue vocational rehabilitation provider approval for a period of 3 years. To maintain approved status at the expiration of the provider approval period, a provider shall re-apply by submitting a new form WC-502, or its electronic equivalent, within 90 days before the expiration date of the approval.

(2) Agency-approved vocational rehabilitation providers shall deliver services in a manner that is consistent with agency standards and guidelines, and that are within their professional scope of practice, certification, and licensure. Failure to maintain these standards is grounds for denial or revocation of approval.

(3) Under section 319 of the act, MCL 418.319, the director may, on his or her own motion, or upon receipt of an application from the employee or employer, refer the employee to an agency-approved vocational rehabilitation provider for an evaluation of the need for a vocational rehabilitation program and the kind of vocational rehabilitation program necessary to return the employee to a remunerative occupation commensurate with their prior wage earning capacity, which is the primary objective of vocational rehabilitation services. Vocational rehabilitation may include, but is not limited to, evaluation and assessment, counseling, development of the IWRP, job search, job development and placement, education, and retraining. Any expenses incurred under this rule are the responsibility of the carrier, PEGSISF, first responder presumed coverage fund, or self-insurers' security fund. If a party objects to the referral for a vocational evaluation within 28 days of mailing of the scheduling notice of the referral, the director or his or her deputy shall conduct a hearing on the matter.

(4) The director may extend the time of the vocational evaluation when there is medical documentation contraindicating the timing of the evaluation, an impending offer of reasonable employment, or other good cause shown by any party on an agency-approved form. A vocational evaluation or other components of the vocational rehabilitation process may be delayed or suspended upon the written stipulation of the employee and employer or carrier for any reason. The employer or carrier may delay or suspend if the case is in dispute and there has been no finding by a magistrate or the commission that the employee has a work-related disability under section 301(4)(a) or section 401(1) of the act, MCL 418.301 and 418.401.

(5) Upon completion of the vocational evaluation, the vocational counselor shall submit an initial evaluation report to the parties within 14 calendar days. If the evaluation recommends initiation of vocational rehabilitation services, including job search activities, training, or both, the following actions must take place:

(a) An IWRP must be provided to all parties for review within 28 days of completion of the vocational evaluation. All plans must comply with the agency's return-to-work hierarchy.

(b) In the absence of a dispute, the IWRP must be implemented by the vocational counselor within 28 days after submission to the parties for review.

(c) The IWRP must be reviewed and updated by the vocational counselor in concert with the injured worker every 91 days to determine completion status of short- and longterm objectives.

(6) The vocational counselor shall not implement IWRP recommendations beyond the initial evaluation without first securing funding for these services.

(7) When an employee consents to or is ordered by the agency to submit to a vocational rehabilitation evaluation, the carrier, PEGSISF, first responder presumed coverage fund, or self-insurers' security fund shall pay the traveling expenses incidental to such evaluation pursuant to R 408.45(2). Subsequent expenses related to vocational rehabilitation services provided to meet the objectives of the IWRP are also the responsibility of the carrier, PEGSISF, first responder presumed coverage fund, or selfinsurers' security fund.

Notes

Mich. Admin. Code R. 408.45a

2021 MR 23, Eff. 12/10/2021