Kentucky Administrative Regulations
Title 803 - LABOR CABINET
Chapter 25 - Department of Workers' Claims
Section 803 KAR 25:101 - Provision of workers' compensation rehabilitation services
Universal Citation: 803 KY Admin Regs Service 25:101
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 342.710
NECESSITY, FUNCTION, AND CONFORMITY: KRS 342.260(1) requires the Office of Workers' Claims to promulgate administrative regulations to carry out its work and the work of the administrative law judges. KRS 342.710(3) requires rehabilitation services for an employee who has suffered an injury covered by KRS Chapter 342. This administrative regulation establishes requirements for the provision of rehabilitation services pursuant to KRS 342.260 and 342.710.
Section 1. Definitions.
(1) "Administrative law judge" means an
individual appointed pursuant to
KRS
342.230(3).
(2) "Commission on Accreditation of
Rehabilitation Facilities" or "CARF" means the national organization which
accredits rehabilitation facilities.
(3) "Directory of Qualified Rehabilitation
Facilities" means the directory of facilities in Kentucky:
(a) Which are licensed pursuant to KRS
Chapter 216B; and
(b)
1. Which are accredited by CARF in either
comprehensive inpatient rehabilitation or outpatient medical rehabilitation;
or
2. Whose application for
accreditation is pending.
(4) "Directory of Vocational Evaluation
Facilities" means the directory of facilities in Kentucky which are:
(a) Accredited by CARF in the area of
comprehensive vocational evaluation services; or
(b) Assessment centers operated by the
Department for Technical Education.
(5) "Medical rehabilitation services" means
those medically oriented services beyond basic medical surgical and hospital
treatment which are necessary for the accomplishment of feasible, practical,
and justifiable physical rehabilitation goals.
(6) "Rehabilitation services" means both
medical rehabilitation services and vocational rehabilitation services provided
pursuant to
KRS
342.710.
(7) "Vocational evaluation" means a
comprehensive process which utilizes a combination of structured interviews and
testing.
(8) "Vocational
rehabilitation services" means those vocationally related services which are
necessary to restore an injured employee to suitable employment.
Section 2. Application for Listing in Directory of Qualified Rehabilitation Facilities.
(1) An application for listing in the
Directory of Qualified Rehabilitation Facilities shall not be required for a
facility fully accredited by CARF in either comprehensive inpatient
rehabilitation or outpatient medical rehabilitation as the names of those
facilities are obtained from CARF.
(2) Provisional listing in the Directory of
Qualified Rehabilitation Facilities may be granted by the Office of Workers'
Claims to a facility:
(a) Which is licensed
through the Cabinet for Health and Family Services pursuant to KRS Chapter
216B;
(b) Whose application to CARF
for accreditation is pending; and
(c) That complies with the requirements
established in subsection (3) of this section.
(3) A facility shall file the following with
the Office of Workers' Claims to request provisional listing:
(a) Letter requesting provisional listing in
the directory; and
(b) Copy of the
application which has been submitted to CARF for accreditation in comprehensive
inpatient rehabilitation or outpatient medical rehabilitation.
(4) The provisional listing shall
be valid for one (1) year unless CARF accreditation is granted or denied prior
to that time.
Section 3. Referral of an Injured Employee by the Self-Insured Employer or Insurance Carrier.
(1) A self-insured employer or
insurance carrier may voluntarily refer an injured employee at any time for
rehabilitation case management services involving the coordination of medical
rehabilitation services and vocational rehabilitation services.
(2) A self-insured employer or insurance
carrier shall refer an injured employee to a case manager who is qualified as
either a certified case manager, certified rehabilitation counselor, certified
insurance rehabilitation specialist, or certified rehabilitation registered
nurse.
Section 4. Referral of an Injured Employee by an Administrative Law Judge.
(1) An administrative law judge may refer an
injured employee to an Office of Workers' Claims employee for implementation of
rehabilitation services pursuant to
KRS
342.710(3).
(2) An Office of Workers' Claims employee
shall refer the employee for a vocational evaluation at a facility listed in
the Directory of Vocational Evaluation Facilities.
(3) Absent medical incapacitation or another
compelling circumstance, the employee shall attend the vocational evaluation
when scheduled.
(4) The cost of the
vocational evaluation including travel expenses shall be paid by the employer
or other party designated by the administrative law judge.
(5) The employee's travel expenses shall be
reimbursed in accordance with
200 KAR
2:006.
(6)
Upon receipt of the vocational evaluation report, the employee and the employer
or insurance carrier shall cooperate in the implementation of services designed
to restore the employee to suitable employment.
STATUTORY AUTHORITY: KRS 342.260(1), 342.710
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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