Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-27-2 - Purpose of Rule2.1. The purpose of this rule is to implement the provisions of W. Va. Code, §§ 23-4-3, 23-4-3b, and 23-4-9 which relate to the development of standards for vocational rehabilitation services. W. Va. Code § 23-4-9(a) provides that "it is a goal of the workers' compensation program to assist workers to return to suitable gainful employment after an injury . . . it is the shared responsibility of the employer, the employee, the physician and the commission to cooperate in the development of a rehabilitation process designed to promote reemployment for the injured employee." This rule is intended to ensure vocational rehabilitation services provided to injured workers are provided in a professional manner by individuals qualified by education and experience to provide such services so the highest quality of rehabilitation services may be afforded to injured workers. This rule is applicable to any provider of vocational rehabilitation services that extends such services to injured workers under the West Virginia system of workers' compensation insurance.2.2. Upon termination of the Commission, no registration is required of qualified rehabilitation professionals. Qualified rehabilitation professionals are required to verify and provide proof of their certification or qualifications to the Insurance Commissioner, self-insured employer or private carrier, or to their third party administrator or managed care provider, whomever services are provided under this rule. In turn the Insurance Commissioner, self-insured employer or private carrier, or their third party administrator or managed care provider, is required to maintain this proof of certification or proof of qualifications of the qualified rehabilitation professional. a. The Commission, Insurance Commissioner, self-insured employer or private carrier, whichever is applicable, must use only qualified rehabilitation service professionals in making rehabilitation referrals.