Kan. Admin. Regs. § 51-24-8 - Standards of conduct for vocational rehabilitation vendors and vocational rehabilitation professionals
Each vocational rehabilitation vendor (vendor) and vocational rehabilitation professional (professional) who has been authorized by the director to provide vocational rehabilitation services pursuant to the Kansas workers compensation act and regulations:
(a) shall adhere to all applicable federal, state and local
laws establishing and regulating business practices;
(b) shall adhere to the Kansas workers compensation law and
regulations;
(c) shall report any known violation of these standards of
conduct using the complaint procedures established in K.A.R. 51-24-9;
(d) shall not circumvent a standard of conduct through the
actions of another;
(e) shall not engage in conduct involving dishonesty, fraud,
deceit, or misrepresentation;
(f) shall not engage in any conduct that adversely affects the
vendor's or professional's fitness to perform assessments, evaluations, plans
or any other act to be performed under the Kansas workers compensation act and
regulations;
(g) shall not conceal or knowingly fail to disclose that which
the vendor or professional is required by law to reveal;
(h) shall not knowingly use perjured testimony or false
evidence;
(i) shall not knowingly make false statements of law or fact;
(j) shall not participate in the creation or preservation of
evidence which the vendor or professional knows, or should reasonably know, is
false;
(k) shall not counsel or assist in conduct that the vendor or
professional knows to be illegal or fraudulent;
(l) shall not misrepresent himself or herself, the job duties
or credentials of the vendor or professional nor promise results or offer
services the vendor or professional has not been approved by the director to
provide;
(m) shall not solicit referrals either directly or indirectly
by offering to any one person or firm money or gifts, excluding food and
beverages, that have a fair market value of more than $50 per annum;
(n) shall not accept or continue employment or other
contractual relationships if the exercise of professional judgement by the
vendor or professional will be affected by financial, business, property, or
personal interests of the vendor or professional;
(o) shall not accept a referral of a person who may unduly
influence the vendor's or professional's actions;
(p) shall not provide any services in investigation of claims
or negotiating for, or attempting to effect the settlement of a claim;
(q) shall not request a medical provider to change restrictions
or ratings issued by that medical provider. The furnishing of occupational and
medical information to a medical provider so that the medical provider has
adequate information on which to base a medical decision shall not be
considered as a request that a medical provider change a restriction or rating;
(r) shall not accompany the injured worker during medical
treatment or medical consultations if either the injured worker or the medical
provider objects to the presence of the vendor or professional;
(s) shall not attempt to interpret the workers compensation act
or regulations for a party but shall, at the first interview with an injured
worker, furnish to the injured worker information prepared by the director for
such purpose and maintain in the case file acknowledgement from the injured
worker that such information was furnished;
(t) shall not communicate as to the merits of a litigated case
or request specific case direction from the administrative law judge or hearing
officer before whom the case is pending nor the rehabilitation administrator
assigned except:
(1) in the course of the official proceedings in the case;
(2) in writing, if a copy is promptly furnished to each party
or each party's attorney; or
(3) as otherwise authorized by law; and
(u) shall establish a bookkeeping system which insures that all
charges made by the vendor or professional are for actual services rendered and
that reports to the director regarding such charges are accurate and reflect
entirely the consideration asked and given for services in each case.
Notes
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