DWC proposes changes to voucher, vocational counselor rules

The California Division of Workers’ Compensation proposed changes to its Supplemental Job Displacement Benefit rules that it said will make the voucher program more efficient, improve management of the list of approved vocational counselors and safeguard against fraud.

Most of the proposed changes would revise requirements for vocational and return-to-work counselors, defined as people or entities capable of assisting those with disabilities in developing a strategy to return to employment. The rules would update educational requirements, create a process for removing people from the list of approved counselors and require counselors to submit itemized invoices.

Other changes would require claims administrators to send a copy of voucher report forms to the division in addition to the employer and prohibit using vouchers to pay for unapproved programs.

The division is proposing to change the educational requirements so counselors would be specifically required to have a bachelor’s degree, rather than an undergraduate degree, as is currently required.

Another change would require counselors who want to be included on the approved list to sign their applications under penalty of perjury. Those already on the approved list would have 45 days from the adoption of the proposed rules to submit an updated application.

Counselors would also be expressly prohibited from having a financial interest in any entity “that is capable of receiving the proceeds of a Supplemental Job Displacement Benefit voucher” unless full disclosure is made in writing to the claims administrator and the injured worker when requesting payment.

The division is also proposing a process for removing counselors from the approved list that would be similar to the process for suspending criminally convicted providers.

The rules would apply to counselors the same criteria for suspending doctors in Labor Code Section 139.21(a)(1)(A) and require the division to remove authorization for any counselor convicted of defrauding Medicare, Medicaid or work comp, or for crimes otherwise related to their duties.

Other reasons for removing authorization from a counselor would include lying on the application, failing to disclose a relevant financial interest or disregarding Workers’ Compensation Appeals Board rules.

Another provision would limit the types of programs or services for which SJDB vouchers can be used.

Workers injured after Jan. 1, 2013, who have a permanent partial disability and don’t receive a qualifying offer of reemployment can receive a $6,000 voucher to use for vocational training, to purchase tools or computer equipment or to pay for licensing, certification and testing fees.

The proposed rules would limit payment for occupational licensing or professional certification fees, related examination fees and examination preparation course fees to services provided by an entity approved by the Bureau for Private Post-Secondary Education. Another provision would prohibit using the voucher for post-secondary education programs that are exempt from regulation by the bureau.

Counselors would also be required to provide an itemized invoice to the injured worker and claims administrator when requesting payment. The itemization must include the name and address of the counselor, as well as a description of the time and services provided to the injured worker.

The DWC is accepting comments until 5 p.m. Nov. 3.

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