- Home
- Legislative Update
Legislative Update
NEW LAW IN EFFECT AUGUST 1
Dear MARP Members,
The Workers’ Compensation Advisory Council (WCAC) ended their legislative session without any significant changes made to rehabilitation services. As in most sessions, the WCAC passed several legislative proposals. Most of these were “technical” or “housekeeping” in nature. In our analysis, none of the proposals passed would have a negative impact on rehabilitation services. However, there is one new law that should be helpful to QRCs and rehab providers. Below is a copy of a new law that went into effect on August 1. This legislation requires an employer or insurer to notify the employee, employee’s attorney and QRC before discontinuing payment of rehabilitation services. In the past, it was not required to notify QRCs before an insurer or employer stopped paying for rehabilitation services. This often led to confusion regarding services and bills getting paid. Going forward, QRCs should be notified when employers or insurers stop paying for services.
Please reach out to the MARP Board with any questions.
Section 4. Rehabilitation discontinuance.
176.102 REHABILITATION
(a) All benefits payable under chapter 176 may, after a determination and order by the commissioner or compensation judge, be discontinued or forfeited for any time during which the employee refuses to submit to any reasonable examinations and evaluative procedures ordered by the commissioner or compensation judge to determine the needs for and details of a plan of+ rehabilitation, or refuses to participate in rehabilitation evaluation as required by this section or does not make a good faith effort to participate in a rehabilitation plan. A discontinuance under this section is governed by sections 176.238 and 176.239.
(b) Once the employer or insurer has accepted liability for a claim and a rehabilitation plan has been approved, the employer or insurer may not discontinue payment of rehabilitation services until notice has been filed with the commissioner and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any. The notice shall state the date of intended discontinuance and set forth a statement of facts clearly indicating the reason for the action. Copies of whatever medical reports or other written reports in the employer’s possession which are relied on for the discontinuance shall be attached to the notice.
EFFECTIVE DATE: This section is effective August 1, 2024.
Rulemaking notice: Minnesota Rules Chapter 5220
Proposed permanent rules governing registration of rehabilitation providers, Minnesota Rules, Chapter 5220; and proposed repeal of Minnesota Rules, parts 5220.1400, 5220.1500, 5220.1600 and 5220.1700
The Minnesota Department of Labor and Industry (DLI) intends to adopt proposed permanent rules amending the registration processes and requirements of workers' compensation rehabilitation providers in Minnesota Rules, Chapter 5220.
The following document related to this rulemaking will be published in the Sept. 23, 2024, edition of the State Register.
The notice provides details about the hearing and cancellation of the hearing.
A copy of the notice and the proposed rules, along with additional information about the status of the rulemaking, are on the rulemaking docket page [links-1.govdelivery.com].
The comment period for this rulemaking ends at 4:30 p.m., Wednesday, Oct. 23, 2024.