Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-8 - Standards of conduct for vocational rehabilitation vendors and vocational rehabilitation professionals

Current through Register Vol. 43, No. 28, July 11, 2024
Each vocational rehabilitation vendor (vendor) and vocational
				rehabilitation professional (professional) who has been authorized by the
				director to provide vocational rehabilitation services pursuant to the Kansas
				workers compensation act and regulations:
(a) shall adhere to all applicable federal, state and local
				laws establishing and regulating business practices;
(b) shall adhere to the Kansas workers compensation law and
				regulations;
(c) shall report any known violation of these standards of
				conduct using the complaint procedures established in K.A.R. 51-24-9;
(d) shall not circumvent a standard of conduct through the
				actions of another;
(e) shall not engage in conduct involving dishonesty, fraud,
				deceit, or misrepresentation;
(f) shall not engage in any conduct that adversely affects the
				vendor's or professional's fitness to perform assessments, evaluations, plans
				or any other act to be performed under the Kansas workers compensation act and
				regulations;
(g) shall not conceal or knowingly fail to disclose that which
				the vendor or professional is required by law to reveal;
(h) shall not knowingly use perjured testimony or false
				evidence;
(i) shall not knowingly make false statements of law or fact;
(j) shall not participate in the creation or preservation of
				evidence which the vendor or professional knows, or should reasonably know, is
				false;
(k) shall not counsel or assist in conduct that the vendor or
				professional knows to be illegal or fraudulent;
(l) shall not misrepresent himself or herself, the job duties
				or credentials of the vendor or professional nor promise results or offer
				services the vendor or professional has not been approved by the director to
				provide;
(m) shall not solicit referrals either directly or indirectly
				by offering to any one person or firm money or gifts, excluding food and
				beverages, that have a fair market value of more than $50 per annum;
(n) shall not accept or continue employment or other
				contractual relationships if the exercise of professional judgement by the
				vendor or professional will be affected by financial, business, property, or
				personal interests of the vendor or professional;
(o) shall not accept a referral of a person who may unduly
				influence the vendor's or professional's actions;
(p) shall not provide any services in investigation of claims
				or negotiating for, or attempting to effect the settlement of a claim;
(q) shall not request a medical provider to change restrictions
				or ratings issued by that medical provider. The furnishing of occupational and
				medical information to a medical provider so that the medical provider has
				adequate information on which to base a medical decision shall not be
				considered as a request that a medical provider change a restriction or rating;
(r) shall not accompany the injured worker during medical
				treatment or medical consultations if either the injured worker or the medical
				provider objects to the presence of the vendor or professional;
(s) shall not attempt to interpret the workers compensation act
				or regulations for a party but shall, at the first interview with an injured
				worker, furnish to the injured worker information prepared by the director for
				such purpose and maintain in the case file acknowledgement from the injured
				worker that such information was furnished;
(t) shall not communicate as to the merits of a litigated case
				or request specific case direction from the administrative law judge or hearing
				officer before whom the case is pending nor the rehabilitation administrator
				assigned except:
(1) in the course of the official proceedings in the case;
(2) in writing, if a copy is promptly furnished to each party
				or each party's attorney; or
(3) as otherwise authorized by law; and