HB 7157

1	A bill to be entitled
2	An act relating to reemployment services; amending s.
3	440.491, F.S.; revising intent; deleting certain carrier
4	reporting requirements; revising procedures for the
5	approval of certain formal training and education programs
6	by the Department of Education; revising duties of the
7	department relating to the monitoring and evaluation of
8	rehabilitation service providers; revising rules that may
9	be adopted by the department governing professional
10	practices and standards; providing for the nullification
11	and repeal of rules that require reporting to the
12	department of information regarding the provision of
13	services by carriers; requiring the ratification of
14	certain rules adopted between April 1, 2011, and February
15	1, 2013; providing construction; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (2), paragraph (c) of subsection
21	(5), paragraph (a) of subsection (6), paragraphs (c) and (e) of
22	subsection (7), and subsection (8) of section 440.491, Florida
23	Statutes, are amended to read:
24	440.491  Reemployment of injured workers; rehabilitation.-
25	(2)  INTENT.-It is the intent of this section to implement
26	a systematic review by carriers of the factors that are
27	predictive of longer-term disability and to encourage the
28	provision of medical care coordination and reemployment services
29	that are necessary to assist the employee in returning to work
30	as soon as is medically feasible.
31	(5)  MEDICAL CARE COORDINATION AND REEMPLOYMENT SERVICES.-
32	(c)  A carrier may voluntarily provide medical care
33	coordination or reemployment services to the employee at
34	intervals more frequent than those required in this section. For
35	the purpose of monitoring reemployment, the carrier or the
36	rehabilitation provider shall report to the department, in the
37	manner prescribed by the department, the date of reemployment
38	and wages of the employee. The carrier shall report its
39	voluntary service activity to the department as required by
40	rule. Voluntary services offered by the carrier for any of the
41	following injuries must be considered benefits for purposes of
42	ratemaking: traumatic brain injury; spinal cord injury;
43	amputation, including loss of an eye or eyes; burns of 5 percent
44	or greater of the total body surface.
45	(6)  TRAINING AND EDUCATION.-
46	(a)  Upon referral of an injured employee by the carrier,
47	or upon the request of an injured employee, the department shall
48	conduct a training and education screening to determine whether
49	it should refer the employee for a vocational evaluation and, if
50	appropriate, approve training and education or other vocational
51	services for the employee. The department may not approve formal
52	training and education programs unless it determines, after
53	consideration of the reemployment assessment, pertinent
54	reemployment status reviews or reports, and such other relevant
55	factors as it prescribes by rule, that the reemployment plan is
56	likely to result in return to suitable gainful employment. The
57	department is authorized to expend moneys from the Workers'
58	Compensation Administration Trust Fund, established by s.
59	440.50, to secure appropriate training and education at a
60	Florida public college or at a career center established under
61	s. 1001.44, or to secure other vocational services when
62	necessary to satisfy the recommendation of a vocational
63	evaluator. As used in this paragraph, "appropriate training and
64	education" includes securing a general education diploma (GED),
65	if necessary. The department shall establish training and
66	education standards pertaining to employee eligibility, course
67	curricula and duration, and associated costs. For purposes of
68	this subsection, training and education services may be secured
69	from additional providers if:
70	1.  The injured employee currently holds an associate
71	degree and requests to earn a bachelor's degree not offered by a
72	Florida public college located within 50 miles from his or her
73	customary residence;
74	2.  The injured employee's enrollment in an education or
75	training program in a Florida public college or career center
76	would be significantly delayed; or
77	3.  The most appropriate training and education program is
78	available only through a provider other than a Florida public
79	college or career center or at a Florida public college or
80	career center located more than 50 miles from the injured
81	employee's customary residence.
82	(7)  PROVIDER QUALIFICATIONS.-
83	(c)  The department shall monitor and evaluate each
84	rehabilitation service provider, facility, and agency qualified
85	under this subsection only to the extent necessary to ensure its
86	compliance with the minimum qualifications and credentials
87	established by the department. The failure of a qualified
88	rehabilitation service provider, facility, or agency to provide
89	the department with information requested and necessary or
90	access necessary for the department to satisfy its limited
91	responsibilities under this subsection is grounds for
92	disqualifying the provider, facility, or agency from further
93	referrals.
94	(e)  The department, after consultation with
95	representatives of employees, employers, carriers,
96	rehabilitation providers, and qualified training and education
97	providers, shall adopt rules governing professional practices
98	and standards. Such rules may not require routine reporting to
99	the department of information about the provision of services by
100	carriers except upon reasonable specific inquiry related to the
101	department's investigative responsibilities under this
102	subsection.
103	(8)  RULES REPEALED; RULES TO BE RATIFIED CARRIER
104	PRACTICES.-All rules requiring reporting to the department of
105	information regarding The department shall monitor the selection
106	of providers and the provision of services by carriers under
107	this section which are in effect on July 1, 2011, are nullified
108	and repealed. Any rules adopted between April 1, 2011, and
109	February 1, 2013, to implement any portion of this section shall
110	not be effective unless ratified by the Legislature. Such rules
111	shall be submitted to the President of the Senate and the
112	Speaker of the House of Representatives immediately upon
113	adoption. If no rules are adopted in such period, the authority
114	for rulemaking under this section shall be nullified and stand
115	repealed. This subsection may not be construed to authorize
116	additional rules or to exempt rulemaking from other provisions
117	of law for consistency with legislative intent set forth in
118	subsection (2).
119	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.