Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Purpose.
A rehabilitation consultation is used to determine whether an
employee is a qualified employee for rehabilitation services. An employee must
be a qualified employee as defined in part
5220.0100, subpart 22, before a
rehabilitation plan is implemented.
Subp. 2.
Criteria.
If the employee, employer, or commissioner requests a
rehabilitation consultation, the insurer shall arrange for a rehabilitation
consultation by a qualified rehabilitation consultant to take place within 15
calendar days of the insurer's receipt of the request.
If the insurer requests a waiver of rehabilitation services
which is denied by the commissioner under part
5220.0120, the insurer shall
arrange for a rehabilitation consultation by a qualified rehabilitation
consultant to take place within 15 calendar days of the notification that the
waiver request has not been granted.
The rehabilitation consultation shall be held at a location
not more than 50 miles from the employee's residence if the employee lives in
Minnesota or within 50 miles of a Minnesota state border. If the employee lives
beyond this distance, the qualified rehabilitation consultant may conduct the
consultation by telephone.
Subp.
3.
Consultation.
The procedure and documentation for a rehabilitation
consultation are contained in items A to E.
A. Preconsultation actions. A copy of the
first report of injury, the disability status report, and the accompanying
current treating physician's work ability report shall be sent by the insurer
to the assigned qualified rehabilitation consultant prior to the rehabilitation
consultation.
B. Actions. During
the first in-person meeting with the employee for purposes of conducting a
rehabilitation consultation, the assigned qualified rehabilitation consultant
shall:
(1) meet with the employee and,
including those items in part
5220.1803, subparts
1 and 1a, explain the
employee's rights and responsibilities regarding rehabilitation, including the
employee's right to choose a qualified rehabilitation consultant; and
(2) gather information which will permit a
determination of the employee's eligibility for rehabilitation.
C. Contents of report. The
rehabilitation consultation shall be documented by the assigned qualified
rehabilitation consultant on a rehabilitation consultation report form
prescribed by the commissioner containing substantially the following:
(1) identifying information of the employee,
employer, insurer, and qualified rehabilitation consultant;
(2) the rehabilitation consultation
date;
(3) an indication of the
likelihood that the employee will return to the date-of-injury employer or
date-of-injury occupation; and
(4)
a determination of whether or not the employee is a qualified employee for
rehabilitation services and a narrative report explaining the basis for the
determination.
D. Time
for filing. The assigned qualified rehabilitation consultant shall complete and
file with the commissioner a rehabilitation consultation report within 14
calendar days of the first in-person meeting with the employee for the purpose
of a rehabilitation consultation, or the first telephone conference if
permitted by subpart
2. The assigned qualified
rehabilitation consultant shall concurrently provide copies of these documents
to the employer, the employee, any attorney for the employee, and the
insurer.
E. Objection to the
determination. The employee or the insurer may object to the qualified
rehabilitation consultant's determination by filing a rehabilitation request
for assistance with the commissioner.
