Minn. R. agency 151, ch. 5220, REHABILITATION; QUALIFIED REHABILITATION CONSULTANT OR REGISTERED REHABILITATION VENDOR REQUIREMENTS; RULES OF PRACTICE, pt. 5220.0410 - REHABILITATION PLAN
The purpose of the rehabilitation plan is to communicate to all interested parties the vocational goal, the rehabilitation services, and the projected amounts of time and money that will be needed to achieve the vocational goal.
An authoritative reference describing standardized occupational name and duties to support job placement activities is the Dictionary of Occupational Titles and is incorporated by reference in part 5220.0105.
If a rehabilitation consultation results in a determination that an employee is a qualified employee for rehabilitation services, the assigned qualified rehabilitation consultant shall, in consultation with the parties, develop, record, and file a rehabilitation plan on the form prescribed by the commissioner containing substantially the following:
Upon preparation of the proposed plan, and within 30 days of the first in-person contact between the assigned qualified rehabilitation consultant and the employee, the assigned qualified rehabilitation consultant shall provide to all parties a copy of the proposed rehabilitation plan.
Upon receipt of the proposed rehabilitation plan, each party must, within 15 days, either:
However, if the objection is not resolved, the objecting party must file a rehabilitation request for assistance with the commissioner within 15 days of receipt of the proposed plan. These disputes will be resolved according to part 5220.0950.
If no rehabilitation request for assistance objecting to the plan is filed within 15 days of the party's receipt, the plan approval process will occur as provided in subpart 6.
The assigned qualified rehabilitation consultant shall file the rehabilitation plan with the commissioner within 45 days of the first in-person contact between the qualified rehabilitation consultant and the employee or within 15 days of circulation to the parties, whichever is earlier.
A rehabilitation plan that all parties have signed is deemed approved by the commissioner upon filing.
If a party fails to sign the plan or fails to file a rehabilitation request for assistance objecting to the proposed plan within the 15 days specified in subpart 4, item B, it shall be presumed that the party is in substantial agreement with the plan's vocational objective and the services that are proposed. In this event the assigned qualified rehabilitation consultant shall file the plan with the commissioner along with evidence of the date the plan was sent to each party and, upon receipt, the plan will be deemed approved. A party's failure to sign a plan shall not constitute a waiver of any right to subsequently dispute the plan or to dispute payment of rehabilitation fees relative to the plan.
In reviewing rehabilitation plans pursuant to Minnesota Statutes, section 176.102, subdivision 6, the commissioner shall notify all interested parties of the nature of any additional information necessary for the review, any recommended modifications to the plan, and any decision approving, modifying, or rejecting a plan.
If the commissioner refers issues relating to a plan to a compensation judge or an administrative conference pursuant to Minnesota Statutes, section 176.106, all parties shall be notified of that action and of all applicable related procedures.
Commencement of a plan without objection from the commissioner shall not constitute a waiver or an estoppel of the commissioner's or compensation judge's authority over the plan.
Upon filing the rehabilitation plan with the commissioner, the assigned qualified rehabilitation consultant shall, within the limitations of part 5220.1802, subpart 5, send a copy of the employee's rehabilitation plan to the employee's treating doctor.
The services provided by rehabilitation providers shall be according to the approved rehabilitation plan.
All rehabilitation services shall be provided to an employee pursuant to Minnesota Statutes, section 176.102, as stated in the rehabilitation plan and any subsequent amendments, and shall be administered exclusively by a person or business entity registered and approved by the commissioner as a qualified rehabilitation consultant or a qualified rehabilitation consultant firm.
The assigned qualified rehabilitation consultant shall monitor rehabilitation vendor compliance with the rehabilitation plan.
Job development and job placement services shall be provided either by rehabilitation providers registered by the commissioner or by a facility accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF). CARF International is an independent, nonprofit accreditor of health and human services to develop and maintain current, field-driven standards that improve the value and responsiveness of the programs and services delivered to people in need of life enhancement services. Information is available at https://carf.org.
In the case of a dispute about a rehabilitation plan or any rehabilitation services provided, any party may file a rehabilitation request for assistance according to Minnesota Statutes, chapter 176, or part 5220.0950.
The insurer shall reimburse the employee for automobile mileage pursuant to Minnesota Statutes, section 176.102, subdivision 9, at the rate paid by the employer for ordinary business travel expenses, or the rate paid by the state of Minnesota under the commissioner's plan for employment-related travel, whichever is lower.
Notes
Statutory Authority: MS s 176.102; 176.83
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The purpose of the
Authoritative references for describing a vocational history and a vocational goal in the plan and for analyzing jobs are the Dictionary of Occupational Titles and the Guide to
If a
Upon preparation of the proposed plan, and within 30 days of the first in-person contact between the
Upon receipt of the proposed
However, if the objection is not resolved, the objecting party must file a rehabilitation request for assistance with the
If no rehabilitation request for assistance objecting to the plan is filed within 15 days of the party's receipt, the plan approval process will occur as provided in subpart 6.
The
A
If a party fails to sign the plan or fails to file a rehabilitation request for assistance objecting to the proposed plan within the 15 days specified in subpart 4, item B, it shall be presumed that the party is in substantial agreement with the plan's vocational objective and the services that are proposed. In this event the
In reviewing rehabilitation plans pursuant to Minnesota Statutes, section 176.102, subdivision 6, the
If the
Commencement of a plan without objection from the
Upon filing the
The services provided by rehabilitation providers shall be according to the approved
All
The
In the case of a dispute about a
The insurer shall reimburse the employee for automobile mileage pursuant to Minnesota Statutes, section 176.102, subdivision 9, at the rate paid by the
Notes
Statutory Authority: MS s 176.102; 176.83