Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-856 - Formaldehyde › Section 296-856-30040 - Multiple LHCP review

Current through Register Vol. 24-14, July 15, 2024
IMPORTANT:
* This section applies each time a medical
				examination or consultation is performed to determine whether medical
				removal or restriction is required.
(1) You must promptly notify
			 employees that they may seek a second medical opinion from an LHCP of
			 their choice, each time a medical examination or consultation is
			 conducted by an LHCP selected by the employer to evaluate medical
			 removal.
At a minimum, this notification must include the
				details of your multiple physician review process.
Note:
Notification may be provided in
						writing or by verbal communication.
(2) You must complete requirements
			 in the multiple LHCP review process once you have been informed of an
			 employee's decision to seek a second medical opinion.
(3) You must pay for and complete
			 the multiple LHCP review process for employees who:
(a) Inform you in writing or by
			 verbal communication that they will seek a second medical
			 opinion.
(b) Initiate
			 steps to make an appointment with the LHCP they select. This LHCP
			 will be referred to as the second LHCP.
(c) Fulfill the previous actions to
			 inform you, and initiate steps for an appointment, within fifteen
			 days from receiving either your notification or the initial LHCP's
			 written opinion, whichever is received later.
Note:
This process allows for selection
						of a second LHCP and, when disagreements between LHCPs persist, for
						selection of a third LHCP.
Multiple LHCP review process:
Step 1:
Make sure the information
				required by Step 4 of the medical evaluation process is received by
				the second LHCP. This process is located in the section, Medical and
				emergency evaluations, WAC
				296-856-30020.
- This requirement also applies when a third LHCP is
				selected.
Step 2:
Allow the second LHCP to:
-Review findings, determinations, or recommendations
				from the original LHCP you selected;
AND
-Conduct medical examinations, consultations, and
				laboratory tests as necessary to complete their review.
Step 3:
Obtain a written opinion from
				the second LHCP and make sure the employee receives a copy within
				five business days from the date you receive it. If findings,
				determinations, and recommendations in the written opinion
				are:
- Consistent with the written opinion from the
				initial LHCP, you can end the multiple physician review process. Make
				sure you follow the LHCP's recommendations.
- Inconsistent with the written opinion from the
				initial LHCP, then you and the employee must make sure efforts are
				made for the LHCPs to resolve any disagreements.
* If the LHCPs quickly resolve disagreements, you can
				end the multiple physician review process. Make sure you follow the
				LHCP's recommendations.
* If disagreements are not resolved within thirty
				business days, continue to Step 4.
Step 4:
You and the employee must work
				through your respective LHCPs to agree on the selection of a third
				LHCP, or work together to designate a third LHCP to:
-Review findings, determinations, or recommendations
				from the initial and second LHCP;
AND
-Conduct medical examinations, consultations, and
				laboratory tests as necessary to resolve disagreements between the
				initial and second LHCP.
Step 5:
Obtain a written opinion from
				the third LHCP and make sure the employee receives a copy within five
				business days from the day you receive it.
-Follow the third LHCP's recommendations, unless you
				and the employee agree to follow recommendations consistent with at
				least one of the three LHCPs.