HAR §12-14-6. Effective period

An approved vocational rehabilitation program shall be effective and applicable only for the period during which vocational rehabilitation services are being provided an employee on a regular, scheduled basis. The program shall not be effective and applicable when the services are no longer provided because the: (1) Program is completed; 6 (2) Employee leaves the program before its completion; or (3) Employee does not actively participate in the program, excluding time periods when the director determines the employee is unable to participate. [Eff. 1/l/81; am 1/28/85; am 4/12/93] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-7 Revision or modification to an approved vocational rehabilitation plan. A revision or modification to an approved plan shall be filed with the director for approval pursuant to sections 12-14-5 and 12-14-10. A revision to a plan can be made no more than once. [Eff. 1/1/81; am 4/12/93; am 11/08/99] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-8 Director's action against a certified rehabilitation provider with an unapproved plan. A provider who renders unapproved vocational rehabilitation services may be required to terminate the services immediately and the director may void the certification of the provider pursuant to section 12-14-19, or take other action under section 12-14-21. Further, no remuneration shall be paid to the provider by the employer. [Eff. 1/l/81; am 1/28/85; am 4/12/93] (Auth: HRS §386-72) (Imp: HRS §386- 25) §12-14-9 Director's action to modify, suspend, or terminate a vocational rehabilitation plan. The director may modify, suspend, or terminate an employee's plan if the director finds that: (1) The employee is not making satisfactory progress in the plan based on the director's review of reports submitted by the provider in accordance with section 12-14-27 and other information available to the director; (2) The plan is not likely to prepare the employee for suitable gainful employment due to unexpected contingencies; (3) The employee is not available to participate in or refuses to complete the plan; or (4) A more suitable plan is available. [Eff. 1/l/81; am 1/28/85; am 4/12/93] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-10 Vocational rehabilitation plan, revision, or modification considered approved if no action is taken by the director on objections. (a) The employer may file an objection to a proposed plan, revision, or modification with the director, copying the employee and the vocational rehabilitation counselor within ten calendar days from the postmark date of the plan, revision, or modification. The front page of the objection shall be clearly identified as a “VOCATIONAL REHABILITATION PLAN OBJECTION” in capital letters in no less than ten point type and may include a copy of the envelope showing postmark date. The objections shall specify a rationale as to why the plan, revision, or modification should not be approved. (b) If no objection to a plan, revision, or modification is filed with the director by the deadline specified in subsection (a), the plan, revision, or modification shall be approved and the employer may not request further reconsideration under section 12- 14-48. 7 (c) If an objection to a plan, revision, or modification is filed with the director and the director takes no action to approve or deny the plan, revision, or modification within twenty one calendar days from the file date of the plan, revision, or modification, the parties shall consider the plan, revision, or modification approved by the director. [Eff. 1/l/81; am 4/12/93; am 11/08/99; am 12/17/01] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-11 Vocational rehabilitation plan or program prepared by an employer or insurance carrier. A plan or program prepared by an employee of a self-insured employer or insurance carrier may be accepted by the director provided the employee approves the plan or program and it meets all the requirements of this chapter. [Eff. 1/l/81; am 1/28/85; am 4/12/93] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-12 Vocational rehabilitation plan or program at a site other than where employee resides. A plan or program at a site other than the island on which the employee resides will be approved by the director only when it is shown that no rehabilitation program could be made available on that island. A plan or program at a site located outside the state will be approved by the director only when it is shown that no rehabilitation program could be made available in the state. [Eff. 1/l/81; am 4/12/93] (Auth: HRS §386-72) (Imp: HRS §386-25) §§12-14-13 to 12-14-15 (Reserved) SUBCHAPTER 3 CERTIFICATION OF PROVIDERS OF REHABILITATION SERVICES §12-14-16 Criteria for registering as a vocational rehabilitation specialist and certifying as a provider of vocational rehabilitation services. (a) An applicant seeking registration with the department as a registered rehabilitation specialist shall apply to the director. The applicant may be registered if the director finds the applicant has a current certification by the Commission on Rehabilitation Counselor Certification as a certified rehabilitation counselor. The burden of proof concerning current certification shall be borne by the applicant. Proof of certification shall be written verification received direct from the Commission on Rehabilitation Counselor Certification to the director, indicating the applicant is currently certified and the effective dates of the certification. (b) A provider seeking certification as a certified rehabilitation provider shall apply to the director. The provider may be certified if the director finds the personnel responsible for providing vocational rehabilitation services are registered with the director and meet the requirements of this subchapter. (c) All specialists whom the director determined to be registered prior to the effective date of these amendments shall be registered, provided they are employed as registered rehabilitation specialists of certified rehabilitation providers as of the effective date of these amendments, have not voluntarily terminated their registration, have not 8 been revoked under section 12-14-16.4, or been terminated or revoked for any other reasons outlined in this subchapter. [Eff. 1/l/81; am 1/28/85; am 4/12/93; am 11/08/93; am 11/08/99; am 12/17/01] (Auth: HRS §386-72) (Imp: HRS §386-25) §12-14-16.1 (Repealed) §12-14-16.2 (Repealed)