reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › QUALIFICATIONS › Section 296-19A-210 - What are the qualifications to provide vocational rehabilitation services to industrially injured or ill workers?

Current through Register Vol. 24-14, July 15, 2024
Provider community commentary, expert opinion and best
				  practices suggest that there is a correlation between a higher quality level of
				  vocational rehabilitation services and higher qualifications of vocational
				  rehabilitation providers. To ensure the provision of the highest possible
				  quality of vocational rehabilitation services, the department shall only issue
				  a provider number to persons, firms, partnerships, corporations, and other
				  legal entities that meet the following qualification requirements:
(1) Vocational rehabilitation counselor
				(VRC).
(a) VRCs not registered with the
				department and applying for a provider number with the department effective on
				or after December 1, 2000, must meet the following minimum qualifications:
Education Masters Degree
Experience 1 year fulltime industrial insurance
						  experience
Certification and CRC or CDMS or ABVE
OR
Bachelors Degree
2 years full-time industrial insurance experience
and CRC or CDMS
CRC = Certified Rehabilitation Counselor
CDMS = Certified Disability Management
						  Specialist
ABVE = American Board of Vocational
						  Experts
(b) VRCs
				registered with the department as of November 30, 2000, will be required to
				meet the qualification criteria in (a) of this subsection no later than
				November 30, 2010.
(c) The VRC
				assigned to or directly receiving the referral from the referral source is
				responsible for all work performed by any vocational provider on that
				referral.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › QUALIFICATIONS › Section 296-19A-220 - Can a vocational rehabilitation provider deliver vocational rehabilitation services pursuant to RCW 51.32.095 without receiving a provider number from the department?

Current through Register Vol. 24-14, July 15, 2024
No. The department may only issue provider numbers to
				  persons, firms, partnerships, corporations and other legal entities that
				  satisfy the qualification requirements in WAC
				  296-19A-210.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-220, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-230 - Why does the department audit vocational rehabilitation providers?

Current through Register Vol. 24-14, July 15, 2024
The department audits providers to:
(1) Ensure that the provider is providing
				services conforming to accepted standards of service;
(2) Ensure compliance with the Revised Code
				of Washington, the Washington Administrative Code, and department policies
				governing vocational rehabilitation services.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-230, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-240 - What authority does the department have to audit vocational rehabilitation providers?

Current through Register Vol. 24-14, July 15, 2024
The department has the authority to:
(1) Conduct audits of a provider, either for
				cause or at random;
(2) Conduct
				audits at a provider's place of business using copies and originals of all
				files and records maintained by the provider;
(3) Conduct audits away from a provider's
				place of business, using copies of all files and records supplied by the
				provider;
(4) Require a provider to
				submit legible copies of all files and records requested for audit;
(5) When the department requires the provider
				to submit copies of records and files to the department, the provider shall
				submit the requested material within thirty calendar days of the
				request;
(6) Inspect and audit all
				of the provider's vocational rehabilitation files and records relating to
				services delivered under
				Title
				51 RCW;
(7) Inspect and audit a provider's
				documentation supporting charges billed for vocational rehabilitation services
				delivered.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-240, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-240,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-245 - What is the department's formal appeal process?

Current through Register Vol. 24-14, July 15, 2024
For information regarding the formal appeals process refer to
				  chapter 51.52 RCW.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-245, filed 5/12/03, effective
					 2/1/04.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-250 - How much notice is the department required to give a vocational rehabilitation provider prior to an audit?

Current through Register Vol. 24-14, July 15, 2024
The department will give ten working days' written
				  notification to a provider before starting an audit.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-250, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-260

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-260, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-260,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-262 - What actions related to conduct, behavior, or ethical violations by a credentialed vocational provider, intern, or firm may result in corrective action or sanctions?

Current through Register Vol. 24-14, July 15, 2024
(1) Internal
				staff and parties to a claim can submit concerns or complaints to the
				department about a vocational provider or firm at any time. The department's
				program that is responsible for the conduct of vocational providers reviews all
				concerns and complaints. The program's intent is to resolve the issues at the
				lowest possible level, for example, through conversation and collaboration with
				the vocational provider and their firm.
(2) However, a vocational provider and/or
				vocational firm may be subject to corrective action or sanctions for conduct
				that does not comply or is inconsistent with the applicable laws and policies
				including, but not limited to:
(a) Title 51
				RCW, Industrial insurance;
(b)
				Chapter 49.60 RCW, Discrimination-Human rights commission;
(c) Washington Administrative Code;
(d) Medical aid fee schedule and payment
				policies;
(e) Department
				policies.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-264 - What potential corrective actions or sanctions may the department order or direct, and who is responsible for administering the sanction(s)?

Current through Register Vol. 24-14, July 15, 2024
(1) Corrective
				actions or sanctions can include, but are not limited to:
(a) Reprimand;
(b) Remedial education courses and/or other
				educational or training programs;
(c) Temporary supervision when meeting with a
				client; and/or
(d)
				Probation;
(e) Inability to receive
				payment or recoupment of payments, plus interest, made to the
				provider;
(f) Assessment of
				penalties;
(g) Denial or rejection
				of a request for payment;
(h)
				Temporary placement of a provider on prepayment review, requiring submission of
				supporting documents prior to payment;
(i) Rejection of a provider's application to
				provide vocational rehabilitation services;
(j) Permanent restrictions such as
				supervision when meeting with a client or placement on prepayment review;
				or
(k) Permanent revocation of the
				unique identifier for the vocational rehabilitation counselor or intern (VRC
				ID). Permanent revocation means the provider cannot obtain a provider number,
				bill, or receive referrals for services from the department or a self-insured
				employer. Termination of credentials by a credentialing body for any reason
				will result in immediate revocation of the VRC ID number.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-266 - How will the department handle complaints or allegations of sexual misconduct or contact?

Current through Register Vol. 24-14, July 15, 2024
(1) Specific to
				allegations of sexual misconduct or contact, the department will initiate an
				investigation by department staff or by an external investigative agency
				following a complaint or an internal request for review. The department shall
				determine any appropriate sanctions after receiving the investigation
				report.
(2) Sexual misconduct or
				sexual contact with any party involved in a worker's compensation claim for
				which the provider is providing services will result in corrective actions or
				sanctions based on the table below. These parties include, but are not limited
				to: The injured worker, the worker's immediate family members, employer,
				medical and other service provider(s), and legal counsel.
Sexual Misconduct or Sexual
							 Contact
(including convictions of sexual misconduct)
Severity
Tier/Conduct
Sanction Range In Consideration of Aggravating
							 & Mitigating Circumstances
Duration
Minimum
Maximum
Least
[DOWN ARROW]
[DOWN ARROW]
[DOWN ARROW]
A
-Any conduct, contact, or statements of
							 a sexual or romantic nature
Conditions may include reprimand, training,
							 short-term monitoring, and/or evaluation to be performed by the VRC's
							 vocational firm and reported to the department.
Minimum conditions and oversight by the vocational
							 firm and reported to the department at least every six months for three years
							 which may include supervision when meeting with a client and/or probation.
0-3 years
B
-Sexual contact, romantic relationship,
							 or sexual statements that risk or result in client harm
Oversight for two years which may include training,
							 probation, suspension, practice restrictions, monitoring, supervision when
							 meeting with a client, and/or evaluation to be monitored by the vocational firm
							 and reported to the department at least every six months.
Minimum conditions for up to five years or permanent
							 restrictions or revocation of the VRC ID number.
2-5 years
Unless permanent revocation of
							 VRC ID number
C
-Sexual contact involving force and/or
							 intimidation, and convictions of sexual offenses in
							 RCW  9.94A.030
Permanent revocation of the VRC ID number.
Permanent
Revocation of VRC ID number
(3)
				The department shall report all cases of sexual misconduct or contact that
				result in sanctions to the appropriate credentialing body.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-268 - Are vocational providers subject to criminal background checks?

Current through Register Vol. 24-14, July 15, 2024
Vocational providers have unsupervised access to injured
				  workers and their personal identifiers and medical information. Because of
				  this, they are subject to periodic criminal background checks at least once
				  every two years, in addition to satisfying a background check before receiving
				  a provider number. The department shall determine whether pending criminal
				  charges or a conviction may warrant suspension or revocation of a VRC ID
				  number.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-269 - What are the provisions for independent review for permanent sanctions?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall establish an independent review panel of at least three private sector
				vocational providers. The panel will act as consultants whenever the department
				believes misconduct or failure to pass a criminal background check may warrant
				permanent restrictions or revocation of the VRC ID number.
(2) At least one member of the panel must
				hold the same credential as that of the provider whose conduct is under review,
				unless the provider is an intern.
(3) The review panel shall receive:
(a) A copy of the investigative report;
				and
(b) The results of the
				background check, and/or any complaint(s) with the names of the vocational
				provider and their employing vocational firm redacted.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-270 - In what situation(s) can the department take corrective action(s)?

Current through Register Vol. 24-14, July 15, 2024
(1) Reasons the
				department can order corrective actions against a vocational rehabilitation
				provider include, but are not limited to, the following:
(a) Charging the department for services that
				do not contribute to the completion of a vocational referral, including, but
				not limited to:
(i) Preparation and
				submission of job analyses during plan development for jobs that are beyond the
				worker's documented or expected capacities and physical abilities as
				demonstrated by the medical information in the file at the time the job
				analysis was performed;
(ii)
				Preparation and submission of job analyses or labor market surveys during early
				intervention or assessment that are not supported by the injured worker's
				education, work history and/or transferable skills as demonstrated by the
				information in the file at the time the job analysis and/or labor market survey
				was performed;
(iii) Hand delivery
				of records when other less expensive means of delivery are reasonably
				appropriate and available;
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-310 - Are vocational rehabilitation providers entitled to referrals from the department?

Current through Register Vol. 24-14, July 15, 2024
The department or self-insured employer refers industrially
				  injured or ill workers for vocational rehabilitation services at their sole
				  discretion. No provider is entitled to referrals from the referral
				  source.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-310, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › AUDITING AND OVERSIGHT › Section 296-19A-320 - What other requirements are providers required to follow?

Current through Register Vol. 24-14, July 15, 2024
By rendering vocational rehabilitation services to
				  industrially injured or ill workers under Title 51 RCW, the vocational
				  rehabilitation provider agrees to comply with Title 51 RCW, chapters 296-19A
				  and 296-15 WAC, and the department's fee schedule.
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-320, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-330 - How does a vocational rehabilitation provider receive payment for services?

Current through Register Vol. 24-14, July 15, 2024
All providers must apply for and receive a provider number
				  from the department in order to bill the department and get paid for providing
				  vocational rehabilitation services to industrially injured or ill workers. More
				  detailed billing instructions for vocational rehabilitation services are
				  available from the department.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-330, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-340 - For what services will the department not pay?

Current through Register Vol. 24-14, July 15, 2024
The following services are considered overhead and the
				  department will not pay for these services:
(1) Administrative and supervisory salaries
				and related personnel expenses;
(2)
				Office rent;
(3)
				Depreciation;
(4) Equipment
				purchase and rental;
(5) Telephone
				expenses including long distance phone call charges;
(6) Postage;
(7) Shipping;
(8) Expendable supplies;
(9) Printing costs;
(10) Copier costs;
(11) Printing of fiche and department
				electronic files;
(12) Maintenance
				and repair;
(13) Taxes;
(14) Automobile costs and
				maintenance;
(15)
				Insurance;
(16) Dues and
				subscriptions;
(17) Vacation, sick
				leave, and other expenses of a similar nature;
(18) Internal staffing time;
(19) Filing of material in case
				files;
(20) Setting up
				files;
(21) Activities associated
				with reports other than composing or dictating complete draft of the report
				(e.g., editing, filing, distribution, revising, typing, and mailing);
(22) Generating and keeping internal
				recordkeeping forms;
(23) Time
				spent on any administrative and clerical activity, including typing, copying,
				mailing, distributing, filing, payroll, recordkeeping, delivering mail, picking
				up mail;
(24) Activities associated
				with counselor training, general discussion regarding office procedures,
				internal case file reviews by supervisors, meetings, and seminars;
(25) Unanswered phone calls; and
(26) Any other item or service not
				specifically identified and separately billable.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-340, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-350 - What are the requirements for case notes?

Current through Register Vol. 24-14, July 15, 2024
Vocational rehabilitation providers must maintain case
				  notes. Case notes must:
(1) Include
				the first and last name of the industrially injured or ill worker being served
				and the worker's claim number at the top of each page;
(2) Include the first and last name of the
				vocational rehabilitation provider providing each service documented on each
				page;
(3) Be kept in a claimant
				file corresponding to the reports, medical information, correspondence, and
				other materials that they provide documentation for;
(4) Testing and other records with special
				confidentiality requirements may be kept in separate files;
(5) Be legible;
(6) Be in chronological order;
(7) Record the date each service was provided
				month month/day day/year year;
(8)
				For providers who bill for vocational services, include the amount of time,
				recorded in tenths of an hour, required to provide each service;
(9) Describe each service sufficiently to
				allow the department or self-insured employer to verify the purpose, level,
				type, and outcome of each service provided and substantiate the charges billed
				for them.
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-350, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-350,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-360 - What are the requirements for bills submitted to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) Any bill a
				provider submits to the department must include the following information:
(a) Worker's name;
(b) Worker's claim number;
(c) Vocational referral number;
(d) Dates of service;
(e) Place of service;
(f) Type of service;
(g) Appropriate procedure code(s);
(h) Charge;
(i) Units of service;
(j) Total bill charge;
(k) The name and the department-assigned
				provider ID of the counselor or intern rendering the services;
(l) Provider number of the payee;
(m) Date of billing;
(n) Submission of any supporting
				documentation required under other sections of this chapter.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-370 - What are the procedures for adjustments to provider bills?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				or self-insurer may adjust payment of charges when appropriate. The department
				or self-insurer must provide a written explanation of why they adjusted a
				billing or line item of a bill when they make any adjustment. In cases where
				the department is the referral source, it will not give the provider a written
				explanation if the department made the adjustment solely to conform to its
				maximum allowable fees.
(2) The
				department or self-insurer must receive any inquiries about a bill adjustment
				within ninety days from the date of payment to be considered. All provider
				inquiries must be in the required format.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-370, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-380 - What are the procedures for rebilling?

Current through Register Vol. 24-14, July 15, 2024
(1) If a provider does not receive payment or
				notification from the department within one hundred twenty days, he or she may
				rebill for services.
(2) Rebills
				should be identical to the original bill: Same charges, codes, and billing
				date.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-380, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-390 - What are the procedures for repayment of excess payment of charges?

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				vocational rehabilitation provider receives a payment to which that provider is
				not entitled, the provider must repay the excess amount, plus accrued interest,
				without regard to whether the excess payment occurred due to provider or
				department error or oversight.
(2)
				Interest accrues on excess payments at the rate of one percent per month or
				portion of a month beginning on the thirty-first day after payment was made.
				Where partial repayment on an excess payment is made, interest accrues on the
				remaining balance.
(3) The
				department reserves the option of either requesting the provider to remit the
				amount of excess payment and accrued interest to the department or offsetting
				excess payments and accrued interest against future payments due the
				provider.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-390, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › BILLING AND DOCUMENTATION SECTION › Section 296-19A-400 - What records are vocational rehabilitation providers required to maintain?

Current through Register Vol. 24-14, July 15, 2024
(1) A vocational
				rehabilitation provider must maintain adequate documentation in
				claimant-specific files to verify the level, type, and extent of the vocational
				rehabilitation services provided to and on behalf of industrially injured or
				ill workers.
(2) A vocational
				rehabilitation provider who requests payment from the department or
				self-insured employer for vocational rehabilitation services must maintain all
				records necessary for the director's authorized auditors to audit the provision
				of services. Providers need to keep all records necessary to disclose the
				specific nature and extent of all services provided for an industrially injured
				or ill worker, along with the amounts billed to the department, for those
				services. Records must be maintained for audit purposes for a minimum of five
				years from the date of closure by the provider, or, in the case of Option 2
				vocational services, for a minimum of five years from the last date of
				service.
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-400, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-400,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-410 - What is the purpose of the department's vocational dispute process?

Current through Register Vol. 24-14, July 15, 2024
The purpose is to avoid delays in vocational rehabilitation
				  services by resolving disputes between industrially injured or ill workers,
				  employers and the referral source.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-410, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-420 - Who can dispute a vocational determination?

Current through Register Vol. 24-14, July 15, 2024
The following parties are authorized to dispute a vocational
				  determination made by the referral source:
(1) An industrially injured or ill
				worker;
(2) An employer;
				or
(3) The representative of an
				industrially injured or ill worker or employer.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-420, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-430 - Can a vocational rehabilitation provider dispute a vocational determination?

Current through Register Vol. 24-14, July 15, 2024
A vocational rehabilitation provider cannot dispute a
				  vocational determination.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-430, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-440 - What elements of a vocational determination may be disputed?

Current through Register Vol. 24-14, July 15, 2024
(1) A finding that
				an industrially injured or ill worker is eligible for vocational rehabilitation
				services, or a finding that he or she is ineligible for vocational
				rehabilitation services, may be disputed.
(2) An approved vocational rehabilitation
				plan may also be disputed.
(3) An
				approved plan modification may also be disputed.
(4) A previously approved vocational
				rehabilitation plan may not be disputed through a plan modification dispute
				process.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-440, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-440,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-450 - What are the time frames for filing a dispute of a vocational determination with the department?

Current through Register Vol. 24-14, July 15, 2024
The department must receive the written dispute within
				  fifteen calendar days of receipt of notification to the worker or employer. The
				  dispute must explain the reason(s) for the disagreement with the determination.
				  The department may accept the dispute if it is not received within the
				  fifteen-day period if there is a demonstrated good cause for the
				  delay.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-450, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-460 - What part of the department is charged with reviewing vocational disputes?

Current through Register Vol. 24-14, July 15, 2024
The vocational dispute resolution office (VDRO) consultant
				  reviews disputes of vocational determinations and makes a recommendation to the
				  director, who makes a final decision. Disputes should be sent to the director,
				  in care of the VDRO.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-460, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL DISPUTES › Section 296-19A-470 - What is the process for review of a vocational dispute?

Current through Register Vol. 24-14, July 15, 2024
VDRO will review the written dispute and issue an acceptance
				  letter, which will be sent to all parties. If the department does not accept
				  your dispute, the letter will explain the reason(s) for the rejection. A copy
				  of this letter, along with the written dispute, will be sent to all involved
				  parties.
The director, at his or her sole discretion, will initiate a
				  review of an accepted dispute to determine further action. If necessary, and at
				  the discretion of the director, VDRO staff will contact the parties to attempt
				  to resolve the dispute.
If the dispute is not resolved, the director in his or her
				  sole discretion will take other action that he or she considers appropriate to
				  protect the rights of the parties. The director will promptly inform all
				  parties, in writing, of what action is taken.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 00-18-078, §
					 296-19A-470, filed 9/1/00, effective
					 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-500 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Training
				provider" means any entity offering education in any form or manner for the
				purpose of instructing, training, or providing knowledge or skills.
(2) "Accredited" means the training provider
				has been approved by the state agency responsible for regulating degree
				granting institutions, or an accreditation body recognized by the secretary of
				the Department of Education, or the Commission on Accrediting Rehabilitation
				Facilities, or a public educational institution.
(3) "Licensed" means the training provider is
				regulated, licensed or approved by the state agency that regulates vocational
				education, or under any occupational licensing act, or a federal or local
				government agency, or the Washington state apprenticeship training
				council.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-500, filed 12/2/09, effective
					 1/2/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-510 - What training programs can the department approve and issue a provider account number to?

Current through Register Vol. 24-14, July 15, 2024
The department can approve and issue a provider account
				  number to:
(1) An accredited training
				program or provider.
(2) A licensed
				training program or provider.
(3)
				An apprenticeship program approved through the Washington state apprenticeship
				training council.
(4) A training
				provider listed on the Washington state Workforce Training and Education
				Coordinating Board's Eligible Training Provider List or a list from a similar
				agency in another state.
(5) Other
				nonaccredited or unlicensed programs approved by the department. Nonaccredited
				or unlicensed programs must file a separate application for approval by the
				department before a provider number can be issued.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-510, filed 12/2/09, effective
					 1/2/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-520 - What are the requirements for providing training services to Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
(1) A training
				provider must be approved by the department and receive a provider number to be
				eligible to provide training services or to receive payment for
				services.
(2) All training
				providers must:
(a) Comply with all federal
				and state laws, regulations, and other requirements governing their business
				operations;
(b) Have an admission
				policy allowing all qualified members of the general population to be
				candidates for admission;
(c)
				Conform to the department's orders, rules, and policies, if any;
(d) Maintain accreditation or training
				provider licensing, when applicable.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-530 - What ownership and financial information must a nonaccredited or unlicensed training provider submit as part of the application to provide training services to Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
Application must include the following information attested
				  by the training provider's chief administrative officer:
(1) An identification of owners,
				shareholders, and directors:
(a) The complete
				legal name, current telephone number, and current mailing address of the
				owner;
(b) The form of ownership;
				e.g., sole proprietorship, partnership, limited partnership, or
				corporation;
(c) Names, addresses,
				phone numbers, birth dates, and prior training provider affiliations, if any,
				of all individuals with ten percent or more ownership interest;
(d) A training provider that is a corporation
				or subsidiary of another corporation must submit:
(i) Current evidence that the corporation is
				registered with the Washington secretary of state's office; and
(ii) The name, address and telephone number
				of the corporation's registered agent.
(e) "Ownership" means:
(i) In the case of a training provider owned
				by an individual, that individual;
(ii) In the case of a training provider owned
				by a partnership, all full, silent and limited partners having ten percent or
				more ownership interest; and
(iii)
				In the case of a training provider owned by a corporation, the corporation,
				each corporate director, officer, and each shareholder owning shares of issued
				and outstanding stock aggregating at least ten percent of the total of the
				issued and outstanding shares.
(f) By written notice to the department,
				training providers under common ownership may designate a single location as
				the principal facility for recordkeeping.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-540 - How long must a nonaccredited or unlicensed training provider be in operation before applying to provide services to Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
A nonaccredited or unlicensed training provider exempt from
				  any other applicable state licensing requirement must provide proof of
				  continuous operation for at least two years prior to the date of
				  application.
Exception:
A program that is part of a publicly funded entity;
								e.g., city, state, county or federal, is exempt from the two-year
								requirement.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-540, filed 12/2/09, effective
					 1/2/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-550 - When must an approved nonaccredited or unlicensed training provider reapply in order to continue providing services to Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
An approved nonaccredited or unlicensed training provider
				  must reapply two years after the date of the most recent application to the
				  department.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-550, filed 12/2/09, effective
					 1/2/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-560 - What documentation does the department require from a nonaccredited or unlicensed training provider in order to be considered for approval to provide training to Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
When a nonaccredited or unlicensed training provider seeks a
				  provider number from the department, the provider must give the department all
				  the following documentation, or its request will be denied:
(1) A copy of the training provider's
				catalog. The training provider must publish a catalog or brochure that explains
				its operations and requirements. The catalog must be current, comprehensive,
				and accurate.
(2) A copy of the
				training provider's enrollment agreement/contract. An enrollment agreement is
				any agreement that creates a binding obligation to purchase a course of
				instruction from a training provider.
(3) A description of the instruction program
				including:
(a) The number of clock hours of
				instruction, the method of instruction (e.g., correspondence, classroom, lab,
				computer assisted), and the average length of time required for successful
				completion;
(b) If instruction is
				calculated in credit hours, a description of the contact hour formula applied
				by the training provider; i.e., the number of contact hours applicable to each
				quarter or semester credit hour of lecture, laboratory/practicum, and/or
				internship/externship;
(c) For
				distance education training providers, the instructional sequences as described
				in the number of lessons.
"Distance education" means education provided by written
				  correspondence or any electronic medium for students who are enrolled in a
				  private vocational school in pursuit of an identified occupational objective,
				  but are not attending classes at an approved site or training
				  establishment.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-570 - What factors will the department consider when deciding whether to approve a nonaccredited or unlicensed training provider for Washington injured workers?

Current through Register Vol. 24-14, July 15, 2024
The department will consider all of the information received
				  from the training provider in its application for a provider number, including
				  documents provided pursuant to WAC
				  296-19A-560. The department will
				  review this information to ensure that the training provider provides services
				  that are consistent with chapter 296-19A WAC and
				  RCW
				   51.32.099. Furthermore, the department will
				  consider the following factors:
(1)
				Whether the training provider adequately supervises its instructors to ensure
				that they are qualified and provide appropriate training and
				instruction.
(2) Whether any
				students have been injured as a result of the training provider's failure to
				use adequate safety protocols.
(3)
				Whether any complaints have been filed by current or former students against
				the training provider or any of its instructors, and, if so, whether any of
				these complaints have merit.
(4)
				Whether the training provider or any of its instructors have ever been
				convicted of a crime, and, if so, the nature of the crime.
(5) Whether there is any other information
				indicating the training provider does not provide services to its students in a
				manner consistent with the objectives of chapter 296-19A WAC or
				RCW
				 51.32.099.
(6) In addition training providers preparing
				students for employment must address the following factors:
(a) Whether any of the training provider's
				programs allow a student to obtain an educational or occupational credential
				awarded upon successful completion of program, and, if so, the type of
				credential(s) awarded;
(b) Whether
				any of the training provider's programs have clearly identified program
				objectives, such as information regarding specific job titles the student will
				qualify for on completion of training, and the projected wages and benefits of
				those jobs;
(c) Training provider's
				job placement rate, including job title, wages, and benefits obtained by
				graduates; and
(d) Whether the
				program achieved at least a thirty percent completion rate and a fifty percent
				job placement rate in the three quarters following graduation for the most
				recent fiscal year.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-580 - When must a nonaccredited or unlicensed training provider conform to the requirements of chapter 296-19A WAC?

Current through Register Vol. 24-14, July 15, 2024
(1)
				A nonaccredited or unlicensed training provider without a current department
				provider number must be approved by the department and receive a provider
				number in order to train Washington injured workers.
(2) A nonaccredited or unlicensed training
				provider who already has a department provider number must reapply for and
				receive approval by the department before June 30, 2010, in order to continue
				training Washington injured workers.
(3) A nonaccredited or unlicensed training
				provider must first obtain licensure or approval by the appropriate state
				agency and submit documentation of this licensure or approval when applying to
				the department to become a provider.
(4) A nonaccredited or unlicensed training
				provider exempt from the Washington state workforce training and education
				coordinating board licensure requirements must submit documentation of the
				exemption before an application can be reviewed.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-580, filed 12/2/09, effective
					 1/2/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › NONACCREDITED AND UNLICENSED TRAINING PROVIDERS › Section 296-19A-590 - What criteria must training providers meet to maintain provider status?

Current through Register Vol. 24-14, July 15, 2024
(1) All accredited
				or licensed training providers with a department provider number must maintain
				their accreditation or licensure status.
(2) All approved nonaccredited or unlicensed
				training providers with department provider numbers must conform to all
				requirements in chapter 296-19A WAC, on an ongoing basis.
(3) Failure to maintain accreditation,
				licensure, or conformance to the requirements of chapter 296-19A WAC may result
				in termination of the provider number.
(4) Programs that prepare students for
				employment must maintain at least a thirty percent completion rate and fifty
				percent placement rate in jobs for which training was provided during the three
				quarters following graduation during the most recent fiscal year, July 1
				through June 30.
The department may consider and grant exceptions based on
				  unusual cause or circumstances.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099, and 2007 c 72.
					 09-24-108, § 296-19A-590, filed 12/2/09, effective
					 1/2/10.