Md. Code Regs. 14.09.07.10

Current through Register Vol. 51, No. 25, December 13, 2024

Section 14.09.07.10 - Assessment and Reporting

A. Comprehensive Vocational Assessment.

(1) As soon as practicable, a practitioner shall meet with the disabled covered employee and conduct a comprehensive vocational assessment in compliance with Labor and Employment Article, § 9-670(d), Annotated Code of Maryland.

(2) A nurse case manager providing telephonic medical case management may conduct an initial assessment by telephone.

(3) A comprehensive vocational assessment may include evaluation of the disabled covered employee's:

(a) Age;

(b) Education, including information about education level, courses or transcripts, licenses, and certifications or registrations obtained by the disabled covered employee in the past;

(c) Complete work history, addressing any gaps in employment;

(d) Transferable skills and experience, whether obtained from prior employment, prior courses and training, prior vocational rehabilitation services or plans, or non-work related activities such as hobbies and/or volunteer experience;

(e) Current physical and mental conditions caused by the injury or occupational disease, and the effect of those conditions on the disabled covered employee's ability to work;

(f) Pre-existing physical and mental conditions and the effect of those conditions on the disabled covered employee's ability to work;

(g) Post-injury physical and mental conditions and the effect of those nonrelated conditions on the disabled covered employee's ability to work;

(h) Wage and employment at the time of injury;

(i) Barriers to employment, including whether the barriers can be removed and what is needed to address the barriers;

(j) Current financial status; and

(k) Family supports/psychosocial aspects.

B. Reports.

(1) A practitioner shall:

(a) Prepare a written report within 30 days of the comprehensive vocational assessment;

(b) Prepare periodic progress reports every 30 days showing the activity and type of vocational rehabilitation services provided; and

(c) Submit copies of all reports to the Commission, the employer/insurer, and the disabled covered employee's attorney.

(2) A practitioner shall include the following information in a comprehensive assessment report:

(a) If the practitioner is unable to obtain the information set forth in §A(3) of this regulation, documentation of the practitioner's efforts to secure that information;

(b) A determination of whether the disabled covered employee is able to work and if so, in what capacity, including whether the disabled covered employee can return to work in any capacity with the former employer and whether the disabled covered employee can return to work in a new job based on transferrable skills;

(c) Recommendations for additional testing including, but not limited to, a Functional Capacity Evaluation, psychiatric evaluation, and vocational testing;

(d) If no additional testing is recommended, identification of the order of vocational services to be provided; and

(e) A job analysis, approved by the healthcare provider, for the job or jobs for which the disabled covered employee is able to work if applicable.

(3) A practitioner shall prepare periodic progress reports that contain the following information:

(a) A review of the disabled covered employee's compliance with the vocational rehabilitation plan, including any issues involving attendance, grades, and progression;

(b) A list of the dates the vocational rehabilitation counselor contacted the disabled covered employee and any training site, if applicable;

(c) A description of the work-related skills the disabled covered employee has acquired and a comparison with the vocational rehabilitation plan;

(d) A summary of all actions taken in the past 30 days, including progress on previously recommended actions;

(e) Identification of any barriers preventing completion of the plan and actions taken by the practitioner to address those barriers; and

(f) A statement of whether the disabled covered employee is progressing as expected and will complete the plan by the target end date.

(4) The parties shall provide the Rehabilitation Office with such medical information as the Rehabilitation Office may direct.

Md. Code Regs. 14.09.07.10

Regulation .10 adopted effective April 19, 2010 (37:8 Md. R. 619)