14- 118 C.M.R. ch. 6, § V

Current through 2024-51, December 18, 2024

Section 118-6-V - Operation of the Program

A. The EAP must encourage the use of client services by providing simple procedures for employees to self-refer, or to be referred by supervisors, labor representatives, and/or peers. An EAP will maintain the following client services:

1. Assessment and referral

a. The EAP shall conduct assessments, either at the work site or off-site.

b. When appropriate, referrals shall be made to community-based resources for treatment.

(1) The EAP provider shall maintain current information regarding community resources.

(2) The EAP provider shall make regular evaluations to insure the quality of assessment diagnostics, and treatment resources,

c. The EAP provider may provide short-term counseling services on-site. Short term shall mean 3 to 5 visits per problem.

2. The EAP shall provide for client follow-up and reintegration into the workforce.

B. The EAP will provide consultation and training on a regularly scheduled and ongoing basis to supervisors, management, new employees, and labor representatives of employees. Areas to be covered include but are not limited to:

1. Impact of mental, emotional, and physical well-being on job performance;

2. Use of the EAP;

3. Identification of employees In need of assistance;

4. Methods for referral;

5. Management of employees with problems;

6. Positive return-to-work experience;

7. Confidentiality; and

8. Relationship of EAP to personnel actions.

C. Program management and administration

1. Written policies and procedures shall be reviewed and updated annually.

2. Confidentiality

a. Client records must be handled according to confidentiality requirements of 42 U.S.C.§§ 290 dd-3 and 290 ee-3 and 42 C.F.R. Part 2.

b. Employee Assistance providers must be knowledgeable about these regulations and act to protect the rights of the employees.

c. Treatment records may not become part of the employees personnel and/or medical files.

d. Periodic reports using aggregate data only shall be made to employers and employees, and to the State, for such purposes as evaluating the cost effectiveness and cost benefit of EAP services.

e. Written EAP confidentiality policies and procedures shall, at a minimum, include the following:

(1) Record retention policies,

(2) Accessibility of records,

(3) Conditions for release of information, and

(4) Use of records for reports, research, and evaluation.

3. Staffing

a. EAP providers shall have sufficient number of qualified personnel available for the efficient and effective operation of the program.

b. EAPs with no employer-provided EAP staff must assign responsibility for liaison, coordination, and delivery of services to a specific person within the employers' organization.

c. Each EAP shall ensure that external purchased professional resources meet appropriate educational training, and licensure standards to perform the service.

4. Other considerations

a. Services shall be provided in appropriate space with easy access and privacy, and with facilities for handicapped persons.

b. EAPs shall develop an effective community network with local treatment resources, health organizations, and self-help groups.

c. All EAP providers shall maintain adequate personal and professional liability coverage in their areas of competence and expertise.

d. EAP providers are expected to adhere to the code of ethics of their respective professional organizations and licensing or certification bodies, as well as Federal, state, and local laws.

14- 118 C.M.R. ch. 6, § V