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6A-18. Division of Blind Services

6A-18.040 Definitions.

Unless otherwise qualified in these rules, the definitions contained in 34 Code of Federal Regulations, § 395.1 Terms, and Section 413.051(2), F.S. (1997), are incorporated herein by reference.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, 6A-18.002, Amended 10-20-98, Formerly 38K-1.002.

6A-18.041 Establishment of Vending Facilities.

The Division shall establish and maintain vending facilities on federal, state, and other property, only where feasible, as space and funds are available. For the purposes of this rule, the term feasible shall mean satisfying the Facility Feasibility Analysis (See subsection 6A-18.046(1), F.A.C.). The Division shall retain title to all equipment, fixtures, and other items purchased with Division funds and assigned to a vending facility.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.03, 6A-18.003, Amended 10-20-98, Formerly 38K-1.003.

6A-18.042 Issuance of License.

(1) In order to be eligible for and maintain a license to operate a vending facility, an individual must be:

(a) Legally blind as defined in 34 CFR 395.1, Terms, and Section 413.033(1), F.S.;

(b) A citizen of the United States;

(c) Eighteen (18) years of age or older;

(d) Possess a high school diploma or equivalency; and

(e) Must undergo a security background investigation, which shall include, but not be limited to, fingerprinting, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(2) An individual who is found to have been convicted of or pled guilty or nolo contendere to, whether or not adjudication is withheld, a crime which is a first degree misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude shall be disqualified from eligibility for a license to operate a vending facility unless the agency exempts the individual from disqualification based on a consideration of:

(a) The passage of time since commission of the crime(s);

(b) The circumstances surrounding the crime(s);

(c) The nature of the harm caused any victim of the crime(s); and

(d) Other evidence provided by the applicant demonstrating to a clear and convincing standard that the applicant should not be disqualified from eligibility.

(3) The Division shall issue a license to operate a vending facility after an individual has satisfactorily completed the Application for the Vending Facility Training Program and the subsequent Vending Facility Training Program (See subsection 6A-18.046(2), F.A.C.).

(4) The license shall be continuously valid, subject to:

(a) The licensee’s continuing to meet the requirements of licensure;

(b) The voluntary relinquishment of the license;

(c) Death of the licensee; or

(d) Revocation of the license as set forth in Rule 6A-18.00421, F.A.C.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, Amended 10-20-98, Formerly 38K-1.004, Amended 10-25-10.

6A-18.0421 Conditions for Removal from a Facility; Suspension or Revocation of License.

(1) A vendor shall be removed from a vending facility or a license shall be suspended or revoked for failing or refusing to comply with these rules, the terms and conditions for licensure, the Licensed Operator Facility Agreement between the vendor and the Division, or the terms and conditions of any permit or lease for property on which a vending facility is located.

(2) A vendor shall also be removed from a vending facility, or a license shall be suspended or revoked for any of the following reasons:

(a) Misuse or unauthorized use of vending facility or equipment, in violation of the Licensed Operator Facility Agreement, including damage or destruction due to negligence or the failure to use ordinary or reasonable care;

(b) Removal of state property, equipment, or state funds from a vending facility without prior written approval from the Division;

(c) Misuse or misappropriation of state funds;

(d) Falsification of facility records or reports relating to the selection for or the operation of a vending facility;

(e) The use of threatening or abusive language at the vending facility;

(f) Use, sale, or being under the influence of alcohol, or the possession, use, sale, or being under the influence of illegal drugs, at the vending facility;

(g) Prolonged incapacity of a vendor to manage the vending facility in a manner consistent with the needs of the Vending Facility Program;

(h) Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division;

(i) Conviction of or plea of guilty or nolo contendere to, whether or not adjudication of guilt is withheld, a crime which is a first degree misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude; or

(j) Possession of a firearm at the vending facility.

(3) A vendor’s license to operate a vending facility may be revoked for failure to meet the criminal record requirements of Rule 6A-18.042, F.A.C.

(4) The Division shall serve written notice of its intent to remove a vendor from a facility or to suspend or revoke a license by hand delivery or certified mail, to the vendor’s last known address. Such action shall be governed by Chapter 120, F.S.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Amended 10-25-10.

6A-18.0422 Emergency Removal of a Vendor from a Vending Facility.

(1) If a Vendor’s actions in operating a vending facility constitute an immediate danger to public health, safety or welfare, or to the assets of the vending facility, the Division shall immediately remove the vendor from the vending facility.

(2) The Division shall provide the Vendor written documentation of the cause for such removal within ten (10) days of the date of the action by hand delivery or certified mail to the vendor’s last known address.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0042.

6A-18.0423 Grievance Procedure.

(1) A licensee may file a grievance if dissatisfied with action taken by the Division which affects the licensee in the operation of the relevant vending facility.

(2) The grievance shall be reviewed by a five member board which shall be comprised of two persons selected by the Division and three persons selected by the State Committee of Vendors. The board shall review the written grievance, and documents attached to such grievance and all relevant Division documents.

(3) The grievance shall be filed in writing with the Division, within 21 calendar days of notice of the action giving rise to the grievance.

(4) In all matters not involving decisions under Rule 6A-18.00425, F.A.C.:

(a) The written grievance shall specify the action being grieved and contain a recommendation for its resolution and include any documents deemed relevant by the grievant to the grieved action or the proposed resolution;

(b) The Board shall issue a recommendation to the Division supported by a simple majority of the board within 15 days of the Division’s receipt of the written grievance;

(c) If the grievance is not resolved in writing to the satisfaction of the licensee within 30 calendar days of the receipt of the grievance, the licensee may request a hearing pursuant to Chapter 120, F.S., which request shall be in writing and filed with the Director, Division of Blind Services, within 21 calendar days of receipt of the Division’s response.

(5) In matters involving decisions under Rule 6A-18.00425, F.A.C., the procedure shall be as stated above except that:

(a) The grievance shall be filed in writing with the Division within 7 days of the Division appointment announcement;

(b) The written grievance shall not include any material required under subsection 6A-18.00425(1), F.A.C.; and

(c) The Board’s recommendation shall be issued to the Division within 12 days of the Division’s appointment announcement.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0043.

6A-18.0424 Announcement of Facility Vacancies.

(1) Upon the establishment of a new facility or when a vacancy occurs in an existing facility, the Division shall announce the vacancy in an accessible format to all licensees, vendors and trainees as a competitive opportunity.

(2) Each vacancy shall be announced for a minimum of two weeks and shall contain, at a minimum, the following information:

(a) The location of the facility;

(b) The type of facility;

(c) The hours of operation;

(d) A general description of services and items currently sold;

(e) Accessibility of the facility;

(f) Staffing pattern;

(g) Estimated annual sales;

(h) Application instructions;

(i) Deadline date for applying; and

(j) Any special information or requirements.

(3) After notification to the Chairman of the State Committee of Vendors, the Division may elect not to announce a vacancy and instead directly place a vendor, licensee or trainee under the following circumstances:

(a) To operate a new or existing facility to determine accurate gross sales information;

(b) To remedy a situation that has improperly or adversely affected a vendor; or

(c) To provide a trainee the required experience in accordance with the Vending Facility Training Program and licensure requirements.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0044.

6A-18.0425 Application and Selection.

(1) Selection applications shall be submitted on the form specified by the Division (See subsection 6A-18.046(3), F.A.C.). All items in such form must be completed and such form postmarked or received by fax in accordance with the application instructions by the closing date indicated in the announcement.

(2) Selection panel(s). The Division shall establish and maintain a permanent statewide selection panel(s). Each panel shall be responsible for recommending candidates for vacant manager’s positions of facilities referred to the panel by the Division. Each panel shall be composed of five members, two selected by the Division and three by two-thirds vote of the State Committee of Vendors. Each panel shall have two alternate members; one alternate shall be selected by the Division and one by two-thirds vote of the State Committee of Vendors. Alternate members shall serve when a primary member is unable to serve. Members' terms shall be for three years. However, in order to establish staggered terms, initially.

(a) One representative selected by the Committee and one representative from the Division shall each serve a one year term,

(b) One representative selected by the Committee and one representative from the Division shall each serve a two year term, and

(c) One representative selected by the Committee shall serve a three year term.

(d) Alternate panel members shall have three year terms.

(e) When requested by the property owner or custodian, a representative from the property on which the facility exists shall serve as an ad hoc member of the selection panel solely for the purpose of considering applicants for the position in that facility.

(f) Each panel is responsible for reviewing all Selection Applications, formulating any interview questions to be asked, performing any background checks deemed appropriate, interviewing applicants, ranking the applicants, and submitting the recommendation package to the Division for final action. Each panel shall consider the following selection criteria:

1. Managerial and other skills and abilities demonstrated by the applicants, including handling labor needs, financial skills needed, food planning and preparation, and customer relations; and

2. Previous records of the applicants, including submission of required reports in an accurate and timely manner; customer satisfaction reports; meeting or improving assigned profit levels; safety and sanitation inspections; fee and bill payment history; financial standing with the Bureau of Business Enterprises, and attendance at continuing education classes.

(3) Division responsibilities. The Division shall review the recommendation package to ensure all conditions described above are complied with prior to making the appointment. The Division shall make all appointments.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0045.

6A-18.043 The State Committee of Vendors.

(1) The Division shall establish a State Committee of Vendors. The committee shall be composed of one (1) representative and one alternate from each Vending Facility district, and a chairman and vice chairman elected on a statewide basis by a majority vote of all vendors. The districts shall be established to assure equitable representation of all vendors in the program on the basis of such factors as geography and vending facility type with the goal of providing for proportional representation of vendors on federal, state, and private property.

(2) The State Committee of Vendors shall:

(a) Actively participate with the Division in major administrative decisions and policy and program development decisions affecting the overall administration of the vending facility program;

(b) Receive and transmit to the Division grievances at the request of vendors and serve as advocates for such vendors in connection with such grievances;

(c) Actively participate with the Division in the development and administration of a system for the transfer and promotion of vendors;

(d) Actively participate with the Division in the development of training and retraining programs for vendors; and

(e) Sponsor, with the assistance of the Division, meetings and instructional conferences for vendors within the state.

(3) The Division shall provide for the biennial election of the members to the State Committee of Vendors. A committee member, the chairman, and vice chairman may serve more than one term.

(4) The State Committee of Vendors shall meet not less than quarterly in a location agreed upon by the chairman and the Division.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 7-9-84, 11-5-85, Formerly 6A-18.09, 6A-18.009, Amended 10-20-98. Cf. 45 C.F.R., Part 1369.14, Formerly 38K-1.009.

6A-18.044 Operator License Agreement.

Each vendor operating a vending facility shall execute and maintain a Licensed Operator Facility Agreement with the Division (See subsection 6A-18.046(4), F.A.C.).

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Formerly 6A-18.010, Amended 10-20-98, Formerly 38K-1.010.

6A-18.045 Newspaper Vending Sales.

(1) General. The Division of Blind Services has the exclusive right to provide vending facilities which includes newspapers at interstate highway rest stops pursuant to 23 U.S.C. Section 111(b), 20 U.S.C. Section 107, et seq, Sections 413.011 and 413.051, F.S.. The division's authority to approve the sale of newspapers and other information to the traveling public at highway rest areas is subject to an agreement with the Florida Department of Transportation. All regularly published newspapers shall have the opportunity to provide vending sales at interstate rest stops by permit subject to the conditions established in this rule.

(2) Conditions.

(a) The publisher or distributor will be responsible to provide a rack or vending machine of the type, style, and color normally used by the publisher or distributor subject to the approval of the division, as to stability and durability. Such approval shall not be unreasonably withheld.

(b) The rack or vending machine will be maintained, repaired, operated and cleaned by the publisher or its agent. The rack or vending machine will be new or in like-new condition when placed into use in the rest area.

(c) When necessary for stability, the publisher or distributor will provide a concrete reinforced pad on which to place the newspaper vending machines. The placement of the rack or vending machine will be in an area agreed upon by the Department of Transportation Maintenance Engineer and the Division of Blind Services. The placement must not create a safety hazard or interfere physically with access to other rest area facilities or vending machines. Publisher/distributor agrees to maintain the newspaper vending machines in reasonable working order to ensure its clean neat appearance and to be responsible for any refuse created by the use of the vending machine.

(d) The publisher or distributor will be responsible to provide continuous availability of its current issue to the public.

(e) The publisher or distributor shall indemnify and hold harmless the Division and the State of Florida against any claims arising out of negligence in the presence and/or operation of the rack or vending machine provided. All contracts for vending services at rest stops entered into after the effective date of this rule will require this same indemnification.

(3) Compensation. The publisher or distributor will be required to compensate the division at the rate of ten (10) dollars annual administrative fee per newspaper rack. The Department reserves the right to monitor the service being provided and inspect the condition, cleanliness of equipment and other matters related to the operation of the applicant's newspaper vending on the interstate.

(4) Application and current vending locations.

(a) All publishers with news racks in place at the time of the effective date of this rule will not be required to make application to retain those locations. Such publishers must, within a reasonable time, provide the Department with a listing of their pre-existing news rack locations. Publishers with news racks in place may retain those locations.

(b) Publishers or distributors wishing to dispense newspapers on the interstate highway shall, by letter, prepare an application for permit to dispense newspapers, and mail the application to the Division of Blind Services, 2540 Executive Center Circle, West, Suite 201, Tallahassee, Florida 32399.

(c) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. All applications shall be assumed to be approved unless publishers are notified by the Department within ten (10) days of receipt of the application.

(d) Transfer of news racks from one location to another may be accomplished by filing a notice with the Department.

If the aforementioned conditions are complied with, no application for newspaper vending under this rule will be denied. Each publisher is responsible for filing the proper application and notices under this subsection with the Department within a reasonable time (ten (10) to fifteen (15) days). Failure to do so is grounds for removal of a new rack from a particular location.

(5) Termination of permit.

(a) Either the newspaper publisher/distributor or the Division of Blind Services may terminate a permit entered into under this rule, by giving thirty (30) days written notice. If the permit is to be terminated by the Division of Blind Services, written notice with reasons for the termination will be given the newspaper publisher or distributor. The Department may only terminate any permit if the requirements of paragraph (2)(c) of this rule are not met, if a safety hazard is created and not remedied by a publisher, or if the licensing fee is not paid.

(b) The written notice shall also provide the publisher/distributor with at least thirty (30) days to institute corrective action. If the Division of Blind Services determines that the publisher/distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher/distributor in writing and direct the publisher/distributor to remove the rack or vending machine in question within ten (10) days. If, during these final ten (10) days the publisher files a notice for administrative hearing pursuant to Chapter 120, F.S., the news racks which are the subject of the dispute will not be removed until after the final order of the hearing officer is issued. If the publisher/distributor fails to do so, the Division of Blind Services may remove the rack or vending machine without further notice. The notice that the corrective action has not been taken or is not adequate shall be considered final agency action for the purposes of Section 120.57, F.S..

Rulemaking Authority 20.05(5), 229.053(1), 413.051(12) FS. Law Implemented 413.041, 413.051 FS. History–New 3-1-93, Formerly 6A-18.012. Cf. 34 C.F.R. Part 395.7(3)(b), 23 U.S.C. 111(b), 20 U.S.C., Section 107 et seq, Formerly 38K-1.012.

6A-18.046 Incorporation by Reference.

The below listed documents are incorporated by reference in Chapter 6A-18, F.A.C., and may be obtained from the Director, Division of Blind Services.

(1) Facility Feasibility Analysis, DLES Form DBS 741 (8/98);

(2) Application for the Vending Facility Training Program, DLES Form DBS 103 (3/98);

(3) Business Opportunity Application, DLES Form DBS 729 (3/98); and

(4) The Licensed Operator Facility Agreement, DLES Form DBS 730 (1/98).

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.013.

6A-18.047 Forms and Instructions.

Forms and instructions used by the Division of Blind Services, Department of Labor and Employment Security, in its dealings with the public are prescribed and listed below. These forms and instructions are hereby incorporated and made a part of this rule. A copy of any form may be obtained without cost upon request to the Division of Blind Services, Department of Labor and Employment Security, 2540 Executive Center Circle, West, Suite 203, Tallahassee, FL 32399-2950. When requesting a specific form, reference should be made to the form number and title.

DBS-001 (7/81) Referral and Application for Services (413.011, F.S.)

DBS-002 (7/81) Application for Identification Card (413.091, F.S.)

DBS-003 (7/81) Physician’s Report on Eye Condition (413.011, F.S.)

DBS-004 (7/81) General Medical Examination Report (413.011, F.S.)

DBS-005 (7/81) Case Summary For Medical Consultant (413.011, F.S.)

DBS-006 (7/81) Final Report on Result of Operation Sight Restoration or Prevention of Blindness (413.011, F.S.)

DBS-007 (8/81) Application for Services Based on Economic Need (413.011, F.S.)

DBS-008 (7/81) Referral to Rehabilitation Facility (413.011, F.S.)

DBS-009 (7/81) Dental Examination Report (413.011, F.S.)

DBS-010 (7/81) Referral to Eye Clinic (413.011, F.S.)

DBS-011 (7/81) Client Transportation (413.011, F.S.)

DBS-016 (8/81) Invoice for Glasses (413.011, F.S.)

DBS-017 (11/81) Consent for Release of Information (413.011, F.S.)

DBS-022 (4/82) Facility Expenditure Report (413.011, F.S.)

DBS-023 (4/82) Facility Utilization Report (413.011, F.S.)

DBS-100 (12/81) Authorization and Billing Invoice (Client Services Vocational Rehabilitation Program) (413.011, F.S.)

DBS-101 (7/81) Individualized Written Rehabilitation Program (413.011, F.S.)

DBS-101a (7/81) Individualized Written Rehabilitation Program – Service Agreement (413.011, F.S.)

DBS-103 (5/82) Referral for Vocational Rehabilitation (413.011, F.S.)

DBS-104 (7/81) Client Service Log (413.011, F.S.)

DBS-106 (12/81) Training Progress Report (413.011, F.S.)

DBS-107 (7/81) Maintenance Invoice (413.011, F.S.)

DBS-108 (8/82) Client Equipment Receipt & Inventory Record (413.011, F.S.)

DBS-200 (12/81) Authorization and Billing Invoice (Client Services Medical and Social Services Program) (413.011, F.S.)

DBS-201 (7/81) Medical and Social Services Rehabilitation Plan (413.011, F.S.)

DBS-203 (7/81) Application for Preschool Program (413.011, F.S.)

DBS-210 (7/81) Title XX – Right to Appeal (413.011, F.S.)

DBS-501 (3/83) Notice of Appointment (413.011, F.S.)

DBS-502 (3/83) Certification of Legal Blindness Notice (413.011, F.S.)

DBS-503 (3/83) Notice of Missed Appointment (413.011, F.S.)

DBS-701 (10/81) Monthly Supervision Report (413.051, F.S.)

DBS-703 (10/81) Employee Personal Data (413.051, F.S.)

DBS-704 (10/81) Drivers License (Turn-in) Form (413.011, F.S.)

DBS-706 (10/81) Statement of Written Guidelines (413.051, F.S.)

DBS-710 (10/81) Petty Cash Receipt (413.051, F.S.)

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1), 413.011(1)(m) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(b), 413.011, 413.051, 413.091 FS. History–New 6-28-83, Formerly 6A-18.15, 6A-18.015, 38K-1.015.

6A-18.048 Solicitation of Funds for Blind Persons.

Any solicitation of funds or anything of value for the benefit of blind persons requires prior approval by the Division of Blind Services, in accordance with Section 413.061, F.S..

(1) The purpose of approval is to protect the general public against improper and misleading solicitation, to protect blind people against exploitation and misidentification as mendicants, and to assist permitted agencies and organizations to establish their standing with the public as legitimate solicitors.

(2) Any person, organization, or agency desiring to solicit funds or anything of value for the benefit of blind persons shall complete Form DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons, effective May, 1985, hereby incorporated in this rule by reference, and file that application with the state office of the Division of Blind Services. The application form may be obtained from the Division of Blind Services, 203 Douglas Building, 2540 Executive Center Circle, West, Tallahassee, Florida 32399. The National Federation of the Blind of Florida, the Florida Council of the Blind, the Blinded Veterans Association of Florida, and the Lions Clubs of Florida are exempt from compliance with this rule provided that they file an annual report with the Department of State showing total receipts and disbursements by subject.

(3) Each application shall be reviewed by the designated Division staff member in the Division’s state office. The application shall be checked for completeness. If the reported information is not readily verifiable, the application shall be sent to the appropriate Division regional manager who shall verify the information locally.

If the required information is not included with the application, the applicant shall be contacted to provide any required information.

(4) The basis for approval shall be:

(a) The extent to which blind persons benefit from the proposed solicitation;

(b) The proposed solicitation shall not depict blind people as helpless or as mendicants appealing to the sympathy of the public;

(c) The majority of the funds collected shall directly benefit blind persons.

(5) Upon approval of the application, the Division of Blind Services shall issue a permit to the applicant, valid for the solicitation activity described, for a period of up to one (1) year. A copy of Sections 413.061 through 413.069, F.S., shall be sent to the applicant with the permit.

(6) If it is determined that the applicant has not complied with Sections 413.061 through 413.069, F.S., or with these rules, the permit shall be revoked and the persons, agency, or organization shall be notified that they are no longer approved for soliciting for the benefit of blind persons.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1), 413.066 FS. Law Implemented 20.05(1), 413.066 FS. History–New 6-2-85, Formerly 6A-18.23, 6A-18.023, 38K-1.023.

Cf. DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons.

6A-18.049 General Description of Services and Procedures.

The nature and extent of services needed to assist a client towards suitable employment vary with the individual’s circumstances.

(1) When an individual applies to the Division for vocational rehabilitation services, eligibility shall be determined in accordance with Rule 6A-18.050, F.A.C.

(2) The individual shall be eligible for those services needed to determine employability and reach an appropriate vocational goal.

(3) The Division may either purchase needed vocational rehabilitation services or assist the individual in obtaining them from other programs or agencies.

(4) As necessary and appropriate to meet the needs of the individual, the Division shall make the following services available to eligible clients:

(a) Evaluation of employment potential in accordance with subsection 6A-18.050(2), F.A.C.;

(b) Counseling and guidance;

(c) Referral to other community agencies;

(d) Medical treatment and related services;

(e) Vocational and other training services, including personal adjustment training;

(f) Reader and interpreter services;

(g) Orientation and mobility training;

(h) Transportation needed to participate in vocational rehabilitation services, including relocation for employment;

(i) Financial aid to meet normal living requirements while in training, treatment, or other program of services;

(j) Technological aids or equipment;

(k) Placement in appropriate employment;

(l) Post-employment services necessary to maintain suitable employment;

(m) Services to members of a client’s family group when necessary to the vocational rehabilitation of the client.

(5) The Division shall provide licenses, tools, equipment, initial stocks and supplies for self-employment in an owner-operated small business when the following conditions are met:

(a) The client has the abilities and aptitudes required for the management and operation of the business;

(b) The client has had successful business management experience or training, and has knowledge of purchasing, marketing, and aspects of the particular business chosen, including licensing, insurance, taxes, and relevant legal requirements;

(c) The client’s own financial resources and funding available from other sources are utilized to the maximum extent possible;

(d) A prospectus for the proposed business enterprise is prepared by the client with assistance and guidance of the counselor and submitted to the program director for approval. This prospectus shall cover the various facets of the business, including but not limited to, suppliers, licensing and other legal requirements, needed stock and equipment, market for the products, foreseeable operating costs, a time frame for start-up assistance from the Division, and anticipated profits;

1. When assistance from the Division is expected to be ten thousand (10,000) dollars or more, the counselor and client shall select a committee of persons competent to assess the local market, financing, location, and factors likely to impact on the success of the business. This committee shall review the prospectus and other information. It shall meet with the client, counselor, and program director or designee to determine the feasibility of a successful business operation;

2. When the committee makes a negative recommendation, the Division shall give no further consideration to providing financial assistance for the establishment of the business but shall assist the client in selecting and preparing for an alternate vocational goal. When the recommendation is positive, a statement shall be prepared detailing the need for initial stock and equipment, financial accounting, and other services deemed necessary to supplement the resources available for successful operation of the business;

(e) When an owner-operated small business is deemed to be an appropriate vocational goal, the completed rehabilitation plan must be submitted to the program director for review and approval before any commitments are made to the client or vendors.

(6) The Divisions’s financial contribution to the establishment of a small business shall be limited to funds available and the need to serve all clients equitably.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.33, 6A-18.033, 38K-1.033.

6A-18.050 Eligibility Determination.

(1) All vocational rehabilitation services provided by the Division are contingent on the availability of funds and the following eligibility criteria:

(a) A vision loss of such severity that the individual is blind or threatened with blindness which shall be documented by an eye examination report that includes the diagnosis, etiology, visual acuity including refraction, a description of visual field, prognosis, recommendation, and such other information as may be pertinent to the individual case;

(b) Limitations on the person’s ability to function, as a result of the vision loss, which seriously impede obtaining, retaining, or preparing for employment consistent with the person’s abilities, skills, general health status, education, and vocational background;

(c) A reasonable expectation that vocational rehabilitation services will enable the individual to engage in suitable employment.

(2) If the vision loss is as defined in paragraph 6A-18.050(1)(a), F.A.C., the Division shall acquire such additional information as may be needed to determine the applicant’s eligibility for vocational rehabilitation and to plan services. Such information shall be adequate to:

(a) Establish that the vision loss limits the person’s activities;

(b) Evaluate the current health status of the person to determine capabilities and limitations;

(c) Support the choice of a vocational goal;

(d) Determine the vocational rehabilitation services needed to attain the goal;

(e) Determine how and to what extent disabling conditions may be removed, corrected, or minimized by physical restoration services.

(3) The agency shall procure examinations by specialists when these are needed to determine eligibility, to assess rehabilitation potential, to plan services, or select a vocational objective.

(4) In any case where eye pathological information is needed, a specialty examination by a physician skilled in diseases of the eye shall be obtained.

(5) Psychiatric evaluations, psychological evaluations and other specialty examinations shall be obtained as circumstances indicate necessary to determine the nature and extent of functional limitations and the likelihood that vocational rehabilitation services will assist the individual towards employment.

(6) The counselor shall determine eligibility for vocational rehabilitation services based on the information and inform the applicant.

(7) When it cannot be determined that vocational rehabilitation services are likely to help the individual to reach an employment objective, the counselor shall complete a statement of eligibility for an extended evaluation of employability. The applicant shall be informed and a plan developed for training, treatment, or other services needed to make this determination within a time period which may not exceed eighteen (18) months.

(8) When a person is found to be ineligible by the counselor, a statement of ineligibility shall specify eligibility requirements which are not met.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1), 413.021, 413.031 FS. History–New 2-13-84, Formerly 6A-18.35, 6A-18.035, 38K-1.035.

6A-18.051 Economic Need Policies.

To ensure that individuals participate as much as possible in the cost of their vocational rehabilitation, the Division shall consider the resources available to the individual and the family for rehabilitation purposes.

(1) The Division shall ensure that similar benefits from other programs or agencies are utilized before using vocational rehabilitation funds to pay for such services, provided that use of such benefits does not delay or hamper the person’s rehabilitation.

(2) Services that may be provided as needed without consideration of family income are:

(a) Diagnostic services to determine the individual's abilities and limitations;

(b) Counseling and guidance;

(c) Tuition or fees for vocational training, except that other sources of grants or scholarship funds must be used first for training in universities, colleges, technical, or vocational schools. If a client chooses to attend a nonpublic or out-of-state institution, the maximum tuition payable by the Division shall be equal to the fees for Florida residents at State universities or community colleges;

(d) Reader services and interpreter services for deaf-blind;

(e) Orientation and mobility training;

(f) Rehabilitation teacher services;

(g) Placement in suitable employment and follow-up on job performance.

(3) Before providing additional services, the Division shall take into consideration the income and financial resources of the individual and the family as well as availability of similar benefits. These additional services are:

(a) Treatment for physical or mental disabilities, including surgery, hospitalization, medications, prostheses, and other treatment-related services;

(b) Transportation;

(c) Financial assistance to meet minimum living requirements if necessary to enable the client to participate in vocational rehabilitation services;

(d) Books, training materials, equipment, and technological aids for training or employment;

(e) Occupational licenses, tools, equipment, supplies, and initial stock needed for self-employment or a business;

(f) Services to members of the client’s family when necessary to the individual’s vocational rehabilitation;

(g) Other goods and services required for the individual’s rehabilitation except those listed in subsection 6A-18.051(2), F.A.C.

(4) Eligibility for these additional services shall be established as follows:

(a) The client shall complete the Application for Services Based on Economic Need (DBS-007) showing income from all sources for the family group and any other resources available for rehabilitation services;

(b) If the gross monthly income is below the normal living requirements for the number of persons in the family group, the individual is eligible for these additional services;

(c) If the gross monthly income is above the normal living requirements, the individual will not be eligible for these services unless there are unusual circumstances which would make it impossible to provide or obtain the needed services. In such cases, the counselor shall document these unusual financial circumstances and request an exception which must be approved by the program director or designee before the services may be purchased.

(5) Equitable application of standard. Counselors will be provided with training and supervision in obtaining financial information, the dollar amounts for measuring normal living requirements, and instructions for giving consideration to unusual circumstances. These instructions and procedures shall provide for equitable treatment of all clients.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Part 361.47. History–New 2-13-84, Formerly 6A-18.36, 6A-18.036, 38K-1.036.

6A-18.052 The Individualized Plan for Vocational Rehabilitation.

(1) For each person determined eligible for vocational rehabilitation services or for an extended evaluation of employability, the counselor shall, with the cooperation of the individual, develop a written plan of vocational rehabilitation services.

(2) The written plan shall be approved by the program director or designee.

(3) As a basis for this plan, each case record must include at least the following:

(a) Medical reports and other data to support the determination of eligibility;

(b) Information on the client’s financial resources if services based on economic need are to be provided by the Division;

(c) Records of medical examination, medical consultation and other data to indicate that medical treatment or any therapeutic services are needed and may be expected to improve the person’s ability to function;

(d) Transcripts, test scores, or other evidence of intellectual functioning and academic skills if training at a college or university is to be provided;

(e) Sufficient information concerning the client’s ability to function physically, mentally, and socially to justify the selection of a vocational goal commensurate with abilities and limitations;

(f) Information concerning the availability of needed services from other programs or agencies.

(4) Each individual plan shall include:

(a) The vocational goal or a tentative career field if the ultimate objective cannot be specified at that time;

(b) Services which the counselor and client deem reasonable and necessary to reach the vocational goal;

(c) The estimated cost of services to be provided by the Division;

(d) The client’s participation in providing necessary services or obtaining them from other sources;

(e) Estimated time for completion of services. For extended evaluation of employability, this may not exceed eighteen (18) months.

(5) The Division has the responsibility for the evaluation of the individual’s progress towards rehabilitation and shall secure pertinent reports from professional personnel or agencies providing vocational rehabilitation services as a basis for evaluating the client’s progress or for determining the need for revision of the rehabilitation plan; from training facilities, where appropriate; from the client and any other sources determined by the Division to be able to contribute to such an evaluation when and where available.

(6) An individual’s vocational rehabilitation plan shall be revised or terminated with participation of the client when it becomes evident that:

(a) The client undergoing extended evaluation of employability is determined not to be eligible;

(b) The client’s vocational rehabilitation has been accomplished;

(c) The client’s needs have changed;

(d) The client has refused services or is unavailable for services;

(e) The client is not progressing towards the chosen vocational goal.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.37, 6A-18.037, 38K-1.037.

6A-18.053 Determination That a Client Has Been Rehabilitated.

A client shall be deemed to be rehabilitated, after an appropriate stabilization period, when a vocational rehabilitation goal suitable to the individual’s physical and mental abilities and limitations and other personal circumstances has been achieved.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.39, 6A-18.039, 38K-1.039.

6A-24. State Apprenticeship Council

6A-24.001 Council and Officer Responsibilities.

(1) As used in this rule:

(a) “Chairman” means the Commissioner of Education or the Commissioner’s designee.

(b) “Department” means the Florida Department of Education.

(c) “Registration Officer” means the Designee, properly authorized to act on behalf of the Department in matters of registering program standards, apprenticeship agreements and the general supervision of apprenticeship programs which are registered with the Department.

(2) The Council shall perform the following functions with regard to matters related to apprenticeship, preapprenticeship and on-the-job training programs:

(a) Advise the Department on matters relating to apprenticeship, preapprenticeship and on-the-job training programs.

(b) Establish effective dialog with the apprenticeship community for the betterment of apprenticeship.

(c) The Council shall have those duties and responsibilities as provided in Chapter 446, F.S., delineated herein.

(3) The Chairman shall serve with no vote on Council issues. In the event the Chairman is absent from a Council meeting, the Chairman’s designee will chair the meeting in his or her place. The Chairman shall have the responsibility to:

(a) Convene meetings;

(b) Call special meetings;

(c) Appoint committees and subcommittees;

(d) Receive, select and finalize all agenda items;

(e) Disseminate agendas and minutes of all meetings;

(f) Approve all expenditures made by the Council; and

(g) Designate the Registration Officer as the Council Executive Secretary.

(4) The Chairman or his or her designee shall contact any member of the Council who is not present at one (1) regular Council meeting to notify the member that he or she may be removed if the member does not attend regularly. When necessary, the Chairman shall provide written notification to the Governor’s Office seeking removal of the member.

(5) The Executive Secretary is not a member of the Council and does not have a vote on Council issues. The Executive Secretary has the responsibility to perform the following tasks:

(a) Maintain the records and minutes of each meeting and make them available to any interested person;

(b) Participate in Council discussions; and

(c) Provide updates on general activities of apprenticeship, preapprenticeship and on-the-job training.

Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.01, Amended 1-9-90, Formerly 38C-20.001, 38H-20.001, Amended 2-1-11.

6A-24.002 Composition of Membership and Length of Service on the Council.

Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.02, Amended 1-9-90, Formerly 38C-20.002, 38H-20.002, Repealed 2-1-11.

6A-24.003 Officers and Their Functions.

Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.03, Amended 1-9-90, Formerly 38C-20.003, 38H-20.003, Repealed 2-1-11.

6A-24.004 Meetings.

Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.04, Amended 1-9-90, Formerly 38C-20.004, 38H-20.004, Repealed 2-1-11.

6A-24.005 Amendments.

Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.05, Amended 1-9-90, Formerly 38C-20.005, 38H-20.005, Repealed 2-1-11.

6A-23. Apprenticeship Programs

6A-23.001 Purpose and Scope.

Rulemaking Authority 446.032 FS. Law Implemented 446.032 FS. History–New 6-9-81, Formerly 38C-16.01, Amended 5-29-90, Formerly 38C-16.001, 38H-16.001, Repealed 3-29-11.

6A-23.002 Definitions.

As used in this rule:

(1) “Apprentice” means a person at least sixteen (16) years of age who is engaged in learning a recognized skilled trade through actual work experience under the supervision of journeyworkers, which training should be combined with properly-coordinated studies of related technical and supplementary subjects, and who has entered into a written agreement, hereafter called an apprentice agreement, with a registered apprenticeship sponsor who may be either an employer, an association of employers, or a local joint apprenticeship committee.

(2) “Apprenticeship Agreement” means a written agreement between an apprentice and either his participating employer or an apprenticeship committee acting as agent for participating employer(s), which contains the terms and conditions of the employment and training of the apprentice.

(3) “Department” means the Florida Department of Education, which is the Registration Agency for federal apprenticeship purposes.

(4) “Apprenticeship Representative” is an individual representative of the Florida Department of Education, properly authorized to act on behalf of the Department in matters concerning apprenticeship, preapprenticeship, and on-the-job training.

(5) “Apprenticeship Standards” means the minimum requirements established uniformly for each craft under which an apprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, and objective standards to measure successful completion of the apprenticeship program.

(6) “Completion Certificate” means the official document issued by the Department to an individual completing training as verified by the program sponsor.

(7) “Completion Rate” means the percentage of an apprenticeship cohort who receives a certificate of apprenticeship completion within one (1) year of the projected completion date. An apprenticeship cohort is the group of the individual apprentices registered to a specific program during a one (1) year time frame, except that a cohort does not include apprentices whose apprenticeship agreements have been canceled during the probationary period.

(8) “Electronic Media” means media that utilizes electronics or electromechanical energy for the end user (audience) to access the content; and includes, but is not limited to electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic media and/or interactive distance learning.

(9) “Established Industry Practices” means the number of years of training required by the majority of registered program standards for the particular trade or occupation.

(10) “Established Journeyworker Hourly Rate” means the average of the hourly rates paid to all journeyworkers, as defined by Section 446.021(4), F.S., by all participating employers in an apprenticeship program.

(11) “Joint-Apprenticeship Committee” means a committee composed of an equal number of representatives of employers and employees, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program.

(12) “Journeyworker” means a person working in an apprenticeable occupation who has successfully completed a registered apprenticeship program or who has worked the number of years required by established industry practices for the particular trade or occupation. Use of the term may also refer to a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training. As defined in Chapter 6A-23, F.A.C., journeyworker applies to ratios, wage surveys and qualified apprenticeship trainers. The term “journeyworker” is synonymous with “journeyman” as defined in Section 446.021(4), F.S.

(13) “Nonjoint Apprenticeship Sponsor” means an apprenticeship sponsor who does not participate in a bona fide collective bargaining agreement; it includes an individual nonjoint sponsor (apprenticeship program sponsored by one employer without the participation of a union) and a group nonjoint sponsor (apprenticeship program sponsored by two (2) or more employers without the participation of a union).

(14) “Apprenticeship Committee” means those persons designated by the sponsor to administer the program.

(15) “On-the-Job Training” (OJT) means supervised trade-specific employment. OJT becomes a monitoring responsibility of the sponsor. OJT training providers must be participating employers.

(16) “Participating Employer” means a business entity which:

(a) Is actively engaged by and through its own employees in the actual work of the occupation being apprenticed,

(b) Employs, hires and pays the wages of the apprentice and the journeyworker serving as qualified training personnel training the apprentice,

(c) Evaluates the apprentice, and

(d) Is signatory party to a collective bargaining agreement or signatory to a participating employer agreement with the program sponsor which will be registered with the registration agency in the Department.

(17) “Registration of an Apprenticeship Agreement” means the acceptance and recording thereof by the Department as evidence of the participation of the apprentice in a particular registered apprenticeship program.

(18) “Registration of an Apprenticeship Program” means the acceptance and recording of such program by the Department as meeting the basic standards and requirements of the Department for approval of such program. Approval is evidenced by a certificate or other written indicia.

(19) “Registration Officer” means the designee, properly authorized to act on behalf of the Department in matters of registering program standards, apprenticeship agreements, and the general supervision of apprenticeship programs which are registered with the Department.

(20) “Related Instruction” means an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical subjects related to a specific trade or occupation.

(21) “Sponsor” means any person, association, committee, or organization operating an apprenticeship program and in whose name or title the program is or is to be registered, irrespective of whether such entity is an employer.

(22) “Work Processes” means an outline of supervised work experience and OJT with the allocation of approximate hours to be spent in each activity.

Rulemaking Authority 446.041(12) FS. Law Implemented 446.021 FS. History–New 6-9-81, Formerly 38C-16.02, Amended 5-29-90, Formerly 38C-16.002, Amended 9-4-97, Formerly 38H-16.002, Amended 3-29-11.

6A-23.003 Eligibility and Procedure for Apprenticeship Program Registration.

(1) No apprenticeship program or agreement shall be eligible for Department of Education registration unless it is in conformity with the applicable provisions of Chapter 446, F.S., and the training is in an apprenticeable occupation under Section 446.092, F.S., and included on the U.S. Department of Labor’s apprenticeable occupation list http://www.flrules.org/Gateway/reference.asp?No=Ref-00161 as of the effective date of this rule, which is incorporated by reference. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399.

(a) Prior to the registration of any apprenticeship program, all of the standards established by the Department shall be met.

(b) The Department shall cooperate with and give all possible assistance to employers, associations, committees and other organizations that request registration of an apprenticeship program.

(c) There shall be a presumption that there is a need for apprenticeship training in each county in Florida unless proven to the contrary.

(2) Reasonable assurance of employment opportunities for training purposes necessary for completion of the contemplated program by individual apprentices shall be demonstrated prior to registration of a program by the Department. The number and size (number of employees) of employers committed to support the program will be considered in making this determination.

(3) Apprentices must be individually registered under a registered program. Such registration shall be made by filing originals of each apprenticeship agreement with the Department’s appointed apprenticeship representative within forty-five (45) calendar days of the date of selection, and shall become effective upon signature by the Apprenticeship Representative.

(4) The Department must be notified within forty-five (45) calendar days of the event through the appropriate field office of the cancellation, suspension, or termination of any apprenticeship agreements, with cause for same, and of apprenticeship completions.

(5) Upon approval by the Registration Officer, apprenticeship programs shall be accorded registration, evidenced by a certificate of registration.

(6) Applications for new programs that the Department determines meet the required standards for program registration must be given provisional approval for a period of one (1) year. The Department must review all programs for conformity with the performance standards outlined in Rule 6A-23.011, F.A.C., at the end of the first year after provisional approval. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration.

(7) Any recommended modification(s) or change(s) to registered standards shall be submitted to the Department through the appropriate apprenticeship representative.

(a) The Department must make a determination as to whether to approve such submissions within ninety (90) calendar days from date of receipt.

(b) If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to such program.

(c) If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provided appropriate assistance.

(8) The certificate of registration for an approved program will be made in the name of the program sponsor and will remain in effect subject to the rules as stated herein.

(9) The request for registration, together with all documents and data required by Chapter 6A-23, F.A.C., shall be submitted in four (4) copies.

(10) Under a program proposed for registration by an employer or employers’ association, where the standards, collective bargaining agreement, or other instrument, provides for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or “no objection” to the registration is required. Where no such participation is evidenced and practiced, the employer or employers’ association shall simultaneously furnish to the union local, if any, which is the recognized or certified collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. In addition, upon receipt of the application and apprenticeship program, the Department shall promptly send by certified mail to such union local another copy of the application and of the apprenticeship program together with a notice that union comments will be accepted for forty-five (45) calendar days after the date of the agency transmittal.

(11) Where the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by an employer, or group of employers, or an employer association.

(12) An apprenticeship program may be registered in one or more occupations simultaneously or individually with the provision that the program sponsor shall, within one (1) year of registration, be actively training apprentices on the job in each occupation for which registration is granted.

(13) Each occupation for which a program sponsor holds registration shall be subject to cancellation if no active training of apprentices has occurred within one (1) year.

(14) Standards registered pursuant to all requirements of Title 29 C.F.R., Part 29, by any federally recognized state apprenticeship agency/council or by the Office of Apprenticeship of the U.S. Department of Labor shall be afforded approval reciprocity by the Florida Department of Education if such reciprocity is requested by the sponsoring entity. Program sponsors seeking reciprocal approval must meet the wage and hour provisions and apprentice ratio standards of the Department.

Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092 FS. History–New 6-9-81, Formerly 38C-16.03, Amended 5-29-90, Formerly 38C-16.003, Formerly 38H-16.003, Amended 3-29-11.

6A-23.004 Standards of Apprenticeship.

The following standards are prescribed for an apprenticeship program:

(1) The program must be an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, as defined in Chapter 6A-23, F.A.C., and subscribed to by a sponsor who has agreed to carry out the apprentice training program.

(2) The standards must contain provisions concerning the following:

(a) The employment and training of the apprentice in a skilled occupation;

(b) A term of apprenticeship for an individual apprentice may be measured either through the completion of the industry standard for on-the-job training (at least 2,000 hours exclusive of time spent at related instruction) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach).

1. The time-based approach measures skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job training as described in a work process schedule.

2. The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job training component of registered apprenticeship. The program standards must address how on-the-job training will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies.

3. The hybrid approach measures the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job training and the successful demonstration of competency as described in a work process schedule.

4. The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the Department of the determination as appropriate to the apprenticeable occupation for which the program standards are registered.

(c) An outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(d) Provision for organized related and supplemental instruction in technical subjects related to the occupation. A minimum of 144 hours for each year of apprenticeship is required. Such instruction may be given in a classroom, via electronic media, through occupational, industrial, or approved correspondence courses of equivalent value or other forms of self-study approved by the Department.

(e) Wage Provisions –

1. A progressively increasing schedule of wage rates to be paid the apprentice, consistent with the skill acquired, which shall be expressed in percentages of the established journeyworker hourly rate. The rates represent the minimum for each incremental period of apprenticeship. The established journeyworker hourly rate applicable among all participating employers shall be stated in dollars and cents.

2. The entry apprentice wage rate shall be no less than thirty-five (35) percent of the established journeyworker hourly rate paid by all participating employers in the program. Provided, however, that in no event shall the apprentice wage rate be less than the minimum wage prescribed by the Fair Labor Standards Act, collective bargaining agreements or by Florida Statutes, whichever is higher.

3. No apprentice shall receive an hourly wage less than the percentage for the incremental period in which he is serving applied to the established journeyworker rate.

4. The established journeyworker hourly rate provided for by the standards shall be reviewed and adjusted annually or as per the collective bargaining agreement.

5. The minimum hourly apprentice wage rate paid during the last incremental period of apprenticeship shall be not less than 75 percent of the established journeyworker wage rate.

6. This subsection governing apprentice wages shall not be interpreted or construed in a manner that would cause a conflict with applicable federal law or regulations. The minimum entry apprentice wage rate and the minimum apprentice wage rate during the last incremental period of apprenticeship shall be reviewed periodically by the Department and amended when determined necessary.

(f) Periodic review and evaluation of the apprentice's progress in job performance and related instruction, and the maintenance of appropriate progress records;

(g) The ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment or applicable provisions in collective bargaining agreements, but in a ratio of not more than one (1) apprentice to the participating employer in each apprenticeable occupation, and two (2) apprentices for every three (3) journeyworkers thereafter. It shall be the responsibility of the apprenticeship committee/sponsor to ensure that the allowable ratio of apprentices to journeyworkers is consistently maintained in the program as a whole, by each participating employer, and on the job site;

(h) A probationary period reasonable in relation to the full apprenticeship term, with full credit for such period toward completion of apprenticeship, which cannot exceed twenty-five (25) percent of the length of the program, or one (1) year, whichever is shorter;

(i) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;

(j) The required minimum qualifications for persons entering an apprenticeship program, with an eligible starting age of not less than sixteen (16) years;

(k) The placement of an apprentice under an apprenticeship agreement. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement;

(l) Granting advanced standing or credit for previously acquired experience, training, skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step;

(m) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors and must comply with the following requirements:

1. The transferring apprentice must be provided a transcript of related instruction and on-the-job training by the committee or program sponsor;

2. Transfer must be to the same occupation;

3. A new apprenticeship agreement must be executed when the transfer occurs between program sponsors; and

4. The transfer of participating employer’s training obligation through the committee, if one exists and as warranted, to another participating employer, must provide for full credit to the apprentice for satisfactory time and training earned.

(n) Assurance of qualified training personnel. Every apprenticeship instructor must;

1. Meet the Florida Department of Education’s requirements for a career-technical instructor per Section 1012.55, F.S., or be a subject matter expert, which is an individual who is recognized within an industry as having expertise in a specific occupation, as demonstrated by being a journeyworker, or by holding the licensure or certification required in the given occupation; and

2. Have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related technical instruction.

(o) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate;

(p) Identification of the Department as registration agency;

(q) Provision for the registration, cancellation and deregistration of the program; and requirement for the prompt submission of any modification or amendment thereto;

(r) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the Department of persons who have successfully completed apprenticeship programs; and notice of cancellations, suspensions and terminations of apprenticeship agreements and causes therefor;

(s) Authority for the termination of an apprenticeship agreement during the probationary period by either party without stated cause;

(t) Provision for not less than five (5) business days’ notice to an apprentice and his/her participating employer of any proposed adverse action and cause therefore with stated opportunity to apprentice during such period for corrective action, unless other acceptable procedures are provided for in the collective bargaining agreement;

(u) Provision for a grievance procedure, and the name and address of the appropriate authority under the program to receive, process and make disposition of complaints;

(v) Recording and maintenance of all records concerning apprenticeship as may be required by state or federal law. Records must be maintained for not less than five (5) years from the date of departure from or completion of the program;

(w) Provision for a participating employer’s agreement –

1. Each participating employer shall sign a participating employer’s agreement with the program sponsor accepting the funding formula and all other requirements of the program standards, unless otherwise provided for in a collective bargaining agreement;

2. The program sponsor shall notify the Department, on a current basis, who its participating employers are and shall notify the Department of any change in the status of each participating employer. Where the program sponsor uses a participating employers’ agreement, a copy of same and the cancellation thereof, being furnished to the Department will satisfy the requirements of this subsection;

(x) A funding formula providing for the equitable participation of each participating employer in funding of the program;

(y) The inclusion of an Equal Employment Opportunity Pledge and Affirmative Action Plan, including;

1. Procedure for dissemination of program openings and opportunities; and

2. An approved selection procedure that does not discriminate against any individual on the grounds of race, color, religion, national origin, sex, or age.

(z) All apprenticeship standards must contain articles necessary to comply with 29 C.F.R. part 29, (http://www.flrules.com/Gateway/reference.asp?No=Ref-00169) effective December 29, 2008, and 29 C.F.R. part 30, (http://www.flrules.com/Gateway/reference.asp?No=Ref-00170) effective May 12, 1978, which are incorporated by reference herein. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.031, 446.041, 446.075 FS. History–New 6-9-81, Amended 7-10-83, Formerly 38C-16.04, Amended 5-29-90, Formerly 38C-16.004, 38H-16.004, Amended 3-29-11.

6A-23.005 Apprenticeship Agreement.

The apprenticeship agreement shall contain explicitly or by reference:

(1) Names and signatures of the contracting parties (apprentice, and the program sponsor or participating employer), and the signature of a parent or guardian if the apprentice is a minor;

(2) The date of birth and, on a voluntary basis, Social Security number of the apprentice.

(3) Name and address of the program sponsor and Department;

(4) A statement of the occupation or craft which the apprentice is to be taught, and the beginning date and term (duration) of apprenticeship;

(5) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process and a statement showing:

(a) The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job training component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid program;

(b) The number of hours to be spent in related and supplemental instruction which is required to be not less than 144 hours per year;

(6) Statements providing:

(a) For a specific period of probation during which the apprenticeship agreement may be terminated by either party to the agreement upon written notice to the Department, without adverse impact on the sponsor;

(b) That, after the probationary period, the agreement may be suspended, cancelled, or terminated for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and said agency of the final action taken;

(c) That, after the probationary period, the agreement may be canceled at the request of the apprentice;

(7) A reference incorporating, as part of the agreement, the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;

(8) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;

(9) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training without discrimination because of race, color, religion, national origin, sex, or age;

(10) A statement that if an employer is unable to fulfill his obligation under his apprenticeship agreement, the agreement may, with consent of the apprentice and sponsor, be transferred to another participating employer under a registered program with written notice of the transfer to the Department and with full credit to the apprentice for satisfactory time and training earned;

(11) Name and address of the appropriate authority, if any, designated under the program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established occupation procedure or applicable collective bargaining provisions;

(12) A statement that in the event the registration of the program has been cancelled or revoked, the apprentice will be notified by the sponsor within fifteen (15) business days of the event.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.032, 446.041, 446.092 FS. History–New 6-9-81, Formerly 38C-16.05, 38C-16.005, 38H-16.005, Amended 3-29-11.

6A-23.006 Deregistration of Department Registered Program.

Deregistration of a program may be effected either upon the voluntary action of the sponsor by a request for cancellation of the registration or upon notice by the Department to the sponsor stating cause, and instituting formal deregistration proceedings in accordance with the provisions of Chapter 6A-23, F.A.C.

(1) Cancellation by request of the sponsor. The Department may cancel the registration of an apprenticeship program by a written acknowledgement of such request stating, but not limited to, the following:

(a) The registration is cancelled at sponsor’s request and giving the effective date of such cancellation; and

(b) Within fifteen (15) business days of the date of the acknowledgement, the sponsor must notify all apprentices of such cancellation and the effective date that such cancellation automatically deprives the apprentice of his individual registration.

(2) Deregistration by the Department. Deregistration proceedings shall be conducted in conformity with Title 29 C.F.R., §§ 29.8 and 29.10, (http://www.flrules.com/Gateway/reference.asp?No=Ref-00172) effective December 29, 2008, which are incorporated by reference herein and may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, FL 32399, as follows:

(a) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the registered standards or the requirements of Chapter 6A-23, F.A.C., including, but not limited to; failure to provide on-the-job training; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the skills acquired; or a persistent and significant failure to perform successfully. Deregistration proceedings for violation of equal opportunity requirements must be processed in accordance with the provisions under Title 29 C.F.R., Part 30.

(b) Where it appears the program is not being operated in accordance with the registered standards or with the requirements of Chapter 6A-23, F.A.C., the apprenticeship representative shall notify the Department, and the Registration Officer shall so notify the program sponsor in writing.

(c) The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days. Good cause shall include any circumstance under which the sponsor is making a good faith effort to resolve the claimed deficiency.

(d) During the period for correction, the sponsor shall be assisted in every reasonable way by the Department.

(e) If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

1. This notice is sent pursuant to this subsection;

2. That certain deficiencies were called to sponsor’s attention and remedial actions requested;

3. Based upon the stated deficiencies and failure to remedy them, a determination has been made that there is reasonable cause to deregister the program, and the program may be deregistered unless within fifteen (15) days of the receipt of this notice, the Department receives a request for hearing from the sponsor;

4. If a hearing is not requested by the sponsor, the entire matter will be submitted to the Administrator of the U.S. Office of Apprenticeship, for a decision on the record with respect to deregistration.

(f) The Department shall transmit to the Administrator of the U. S. Office of Apprenticeship all documents and information relating to the deregistration proceeding that is required under Title 29 C.F.R., § 29.8. Thereafter, the deregistration proceeding shall be governed in accordance with the provisions of Title 29 C.F.R., §§ 29.8 and 29.10.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.032, 446.041, 446.051, 446.075 FS. History–New 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended 3-29-11.

6A-23.007 Hearings.

Rulemaking Authority 446.032 FS. Law Implemented 446.041(2), 446.071, 446.081(3) FS. History–New 6-9-81, Formerly 38C-16.07, 38C-16.007, 38H-16.007, Repealed 3-29-11.

6A-23.008 Complaints.

(1) Any apprentice, preapprentice, or other affected person aggrieved by the alleged failure of any registered program to meet the standards established by the Department shall notify the program sponsor of the alleged failure. The notification shall be in writing and signed by the complainant.

(2) Within sixty (60) days of the local decision, or if the dispute is not resolved within thirty (30) calendar days of the sponsor’s receipt of the notification, the apprentice, preapprentice, or other affected person may file with the Department a complaint concerning the alleged failure of any registered program to meet the standards established by the Department.

(3) The complaint shall be in writing and signed by the complainant. The complaint shall set forth the specific standards alleged to have been violated, and the facts and circumstances substantiating the complaint. Copies of all pertinent documents and correspondence shall accompany the complaint.

(4) The Department shall review the complaint and all available pertinent information and shall conduct such investigation as may be necessary to make a determination regarding the complaint. The Department will render an opinion within ninety (90) days after receipt of the complaint, based upon such investigation of the matters submitted as may be necessary, and the records before it. During the ninety (90) day period, the Department will make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all interested parties. Parties substantially affected by the Department’s determination may seek an administrative hearing in accordance with the provisions of Chapter 120, F.S.

(5) Nothing herein shall operate to invalidate any provision in a collective bargaining agreement between employers and employees setting higher apprenticeship standards. Any dispute covered by a collective bargaining agreement shall be resolved in accordance with the procedures and terms provided therein.

(6) This section is not applicable to any complaint concerning discrimination or other equal opportunity matters; all such complaints must be submitted, processed and resolved in accordance with applicable provisions of Title 29 C.F.R., Part 30 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00173) effective May 12, 1978, which is incorporated by reference herein. A hard copy may be obtained by contacting the Florida Department of Education, Division of Career and Adult Education, Apprenticeship Section, 325 West Gaines Street, Room 754, Tallahassee, Florida 32399.

Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.041(2), (4) FS. History–New 6-9-81, Formerly 38C-16.08, 38C-16.008, 38H-16.008, Amended 3-29-11.

6A-23.009 Reinstatement of Program Registration.

Any apprenticeship program deregistered pursuant to Chapter 6A-23, F.A.C., may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with Chapter 6A-23, F.A.C. Such evidence shall be presented to the Department if the sponsor had not requested a hearing or to the Department if an order of deregistration was entered pursuant to a hearing.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.041(2) FS. History–New 6-9-81, Formerly 38C-16.09, 38C-16.009, 38H-16.009, Amended 3-29-11.

6A-23.010 Preapprenticeship Programs.

(1) Purpose and Scope. Sections 446.011 and 446.052, F.S., authorize and direct the Department to develop uniform minimum standards for preapprenticeship programs in apprenticeable occupations, and to assist district school boards, college district boards of trustees and registered apprenticeship program sponsors in the development of preapprenticeship programs. The primary objective of the preapprenticeship program is to provide Florida residents with educational and training opportunities to enable them, upon completion of preapprenticeship training, to obtain entrance into a registered apprenticeship program, based upon the selection criteria established by a registered apprenticeship program sponsor.

(2) Definitions. In addition to the definitions provided in Rule 6A-23.003, F.A.C., the following definitions are specific to preapprenticeship:

(a) “Preapprentice” means any person sixteen (16) years of age or over engaged in any course of instruction in the public school system or elsewhere, which course is registered as a preapprenticeship program with the Department.

(b) “Preapprenticeship Agreement” means a written agreement between the preapprentice and the preapprenticeship program sponsor, containing the terms and conditions of training and incorporating the registered program standards as part of the agreement.

(c) “Preapprenticeship Committee” or committee means the same as the registered apprenticeship program sponsor’s committee, or a group appointed by registered apprenticeship program sponsor committees, or their designees.

(d) “Preapprenticeship Program” means an organized course of instruction, in the public school system or elsewhere, which is designed to prepare a person sixteen (16) years of age or older to become an apprentice, and which is approved and registered with the Department and sponsored by a registered apprenticeship program. Registered preapprenticeship programs shall be part of regular or adult high school programs when occurring in a public school system.

(e) “Preapprenticeship Sponsor” means registered apprenticeship program(s) authorized to offer preapprenticeship training.

(f) “Preapprenticeship Standards” means the minimum requirements established uniformly for each craft under which a preapprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, objective standards to measure successful completion of the preapprenticeship program, and the percentage of credit that may be given to preapprenticeship completers upon acceptance into the apprenticeship program.

(3) Eligibility and Procedure for Program Registration. All preapprenticeship programs must meet the following provisions to be eligible for registration.

(a) The preapprenticeship program must be approved by the Department and registered in accordance with Chapter 446, F.S., and the standards of preapprenticeship contained in subsection 6A-23.010(4), F.A.C.

(b) The preapprenticeship program must be established in an apprenticeable occupation, and be designed to prepare individuals for entry into registered apprenticeship training programs and provide training in an apprenticeable occupation.

(c) There must exist reasonable assurance of employment demand in the occupational area being preapprenticed so as to allow preapprentices to transition into registered programs of apprenticeship. Demand occupational areas are those occupations listed in the apprenticeable occupation list which is accessed at: http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occu..., published by the United States Department of Labor.

(d) The preapprenticeship program must include one or more related apprenticeable occupation categories that can provide for apprenticeships.

(e) Each individual preapprenticeship program must be directly sponsored by one (1) or more registered apprenticeship programs in the same occupation, or in the case of a multiple occupations sponsor, the same occupations.

(f) Preapprenticeship programs must be actively training preapprentices within one (1) year of registration. Programs which go inactive and remain the same (no participants training occurring) for more than one (1) year shall be canceled.

(g) Any modification(s) or change(s) to registered standards shall be submitted to the Department through the appropriate apprenticeship representative.

1. The Department must make a determination on whether to approve such submissions within ninety (90) calendar days from the date of receipt.

2. If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to such program.

3. If not approved, the sponsor must be notified of the disapproval and the reasons therefor and provided the appropriate technical assistance.

(h) Approved preapprenticeship programs shall be evidenced by a certificate of registration issued in the name of the affiliated apprenticeship program sponsor which has administrative responsibility. Program registrations shall be renewed not less than every five years.

(4) Standards of Preapprenticeship. The following standards are prescribed for a preapprenticeship program:

(a) The program must be an organized, written plan embodying the terms and conditions of training, including employment and supervision when on-the-job training is incorporated.

(b) Registered program standards shall become part of each registered preapprenticeship agreement, and each registered preapprentice shall have the right to obtain and review a copy of the registered program standards, upon request.

(c) Required Safety Practices.

1. All preapprenticeship programs must comply with the following federal and state laws and regulations:

a. Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00174) effective July 19, 2010.

b. Rule 61L-2.003, F.A.C., (http://www.flrules.org/Gateway/reference.asp?No=Ref-00174) effective October 7, 1993.

c. Rule 61L-2.004, F.A.C., (http://www.flrules.org/Gateway/reference.asp?No=Ref-00174) effective October 7, 1993.

d. Rule 61L-2.005, F.A.C., (http://www.flrules.org/Gateway/reference.asp?No=Ref-00174) effective October 7, 1993.

2. The foregoing laws and regulations are hereby incorporated into this rule by reference.

(d) The standards must contain the following provisions:

1. The composition and duties of the preapprenticeship committee.

2. OJT is not a requirement of preapprenticeship. When OJT is incorporated into a program, the training of the preapprentice must be in the occupation specifically registered for the sponsor by the Department.

3. A term of preapprenticeship established by the committee and designed to prepare the preapprentice for entry or transition into a registered apprenticeship training program.

4. Organized related technical instruction in technical subjects related to the occupation. Provide the name and address of school, if participant is enrolled in secondary education.

5. If the apprenticeship sponsor includes earning a high school diploma or equivalent as an entrance requirement, provision shall be included for this accomplishment.

6. When OJT is incorporated into a program, the following applies:

a. An outline of work processes in which the preapprentice will receive supervised work experience and on-the-job training and allocation of the approximate time to be spent in each process.

b. In no event shall the preapprentice wage rate be less than the minimum wage prescribed for in the Fair Labor Standards Act or by Florida Statutes.

(e) The ratio of preapprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment or applicable provisions in collective bargaining agreements, but in ratio of not more than one (1) preapprentice to the participating employer in each apprenticeable occupation and shall not exceed two (2) preapprentices, apprentices, or any combination thereof to every three (3) journeyworkers thereafter in construction related programs.

(f) The ratio of preapprentices/apprentices to journeyworkers in non-construction programs shall be as established by the sponsor’s committee.

(g) It shall be the responsibility of the committee to ensure that the allowable ratio of apprentices/preapprentices to journeyworkers is consistently maintained in the program as a whole, by each participating employer, and on-the-job site.

(h) Assurance of qualified journeyworkers.

(i) A participating employer’s agreement includes:

1. Acceptance of the program standard;

2. Agreement to provide immediate notification to the committee of each preapprentice worksite;

3. Agreement to provide the committee with the participating employer’s current contact information.

(j) Maintenance of preapprenticeship records for at least two (2) years following the individual’s date of departure from or completion of the program. In addition, the Department shall be provided:

1. The location of program records if records are not maintained on the respective school campus; and

2. The availability of records of the preapprentices on-the-job and related instruction progress for review by the Department or its apprenticeship representative upon request.

(k) Instructing the preapprentice in safety and health related work practices, including assurance that the preapprentice will be trained in facilities and other environments that are in compliance with the Occupational Safety and Health Act.

(l) The required minimum qualifications for students or other individuals entering into the preapprenticeship program.

(m) The placement of a preapprentice under a preapprenticeship agreement with the Department.

(q) Termination of the preapprenticeship agreement for good cause.

(r) A plan for resolving differences.

(s) Not less than five (5) business days notice to the preapprentice of any adverse action and cause therefore, with stated opportunity to the preapprentice for corrective action during such period.

(t) The inclusion of an Equal Employment Opportunity Pledge and Affirmative Action Plan, including:

1. Procedure for dissemination of program openings and

2. An approved selection procedure that does not discriminate against any individual on the grounds of race, color, religion, sex, national origin, and age.

(u) Provision for registration, cancellation and deregistration of the program; and the requirement of submission of any amendment or modification of program standards to the Department through the appropriate apprenticeship representative.

(v) Provision for notifying the Department of all actions regarding registered preapprentices.

(w) Provision for requesting issuance of a preapprenticeship completion certificate from the Department.

(x) Term of preapprenticeship is determined by the committee and shall be realistic in terms of attainment. It shall not be less than six (6) months and not exceed two (2) consecutive years.

(5) Preapprenticeship Agreement. Preapprentices will be individually registered in one (1) occupation with an agreement which shall be registered with the Department.

The preapprenticeship agreement shall contain:

(a) Names and signatures of contracting parties (preapprentice and sponsor) and the signature of parent or guardian if the individual is a minor or otherwise ineligible to enter into a contractual agreement.

(b) The preapprentice’s date of birth and, on a voluntary basis, Social Security number.

(c) Name and address for the program sponsor and Department.

(d) A statement of the occupation or craft which the preapprentice is to be taught, and the beginning date and term (duration) of preapprenticeship.

(e) A statement showing:

1. The number of hours to be spent in related instruction.

2. The number of hours to be spent in on-the-job training, if any.

(f) A statement that the agreement can be canceled for due cause or by mutual consent; and in the case of due cause, a reasonable opportunity for corrective action may occur upon mutual agreement.

(g) A reference incorporating the standards as part of the preapprenticeship agreement as they exist on the date of agreement.

(h) A statement that the preapprentice will be afforded Equal Employment Opportunity in all phases of on-the-job training without discrimination because of race, color, religion, national origin, sex or age.

(i) The expected completion date.

(6) Deregistration of Registered Preapprenticeship Programs.

Deregistration of a program may be effected either upon the voluntary action of the sponsor by a request for cancellation of the registration or upon notice by the Department to the sponsor stating cause, and instituting formal deregistration proceedings in accordance with the following provisions:

(a) Cancellation by request of the sponsor. The Department may cancel the registration of a preapprenticeship program by a written acknowledgement of such request stating, but not limited to, the following:

1. The registration is cancelled at sponsor’s request and giving the effective date of such cancellation: and

2. That, within fifteen (15) business days of the date of the acknowledgment, the sponsor must notify all preapprentices of such cancellation and the effective date; that such cancellation automatically deprives the preapprentice of his or her individual registration.

(b) Deregistration by the Department.

1. Deregistration proceedings may be undertaken when the preapprenticeship program is not conducted, operated, or administered in accordance with the registered standards or the requirements of Chapter 6A-23, F.A.C.; and

2. Where it appears the program is not being operated in accordance with the registered standards or with the requirements of Chapter 6A-23, F.A.C., the Apprenticeship Representative shall notify the Department, and the Registration Officer shall so notify the program sponsor in writing.

3. The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days. Upon request by the sponsor for good cause, the Department may grant an extension for another thirty (30) calendar days.

4. During the period for correction, the sponsor shall be assisted in every reasonable way by the Department.

5. If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

a. This notice is sent pursuant to this subsection;

b. That certain deficiencies were called to sponsor’s attention and remedial actions requested;

c. Based upon the stated cause, the program will be deregistered, unless within twenty-one (21) days of receipt of this notice, the sponsor requests a hearing in accordance with Chapter 120, F.S.;

d. If a hearing is not requested by the sponsor, the program will be automatically deregistered.

6. If the sponsor requests a hearing, the request shall be handled in conformity with Chapter 120, F.S.

7. Every order of deregistration shall contain a provision that the sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.

8. Every order of deregistration shall contain a provision that the Sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.

(7) Reinstatement of Program Registration. Any preapprenticesip program deregistered pursuant to this rule may be reinstated upon presentation of adequate evidence that the preapprenticeship program is operating in accordance with the requirements of Chapter 6A-23, F.A.C. Such evidence shall be presented to the Registration Officer if the sponsor has not requested a hearing or to the Department if an order of deregistration was entered pursuant to a hearing.

(8) Program Completers.

(a) The sponsor of an apprenticeship program shall give primary consideration for admission to persons who complete the sponsor’s preapprenticeship program.

(b) The preapprenticeship completers who enter an apprenticeship program shall be exempted from repeating any related course of instruction, if the completer passes a competency examination. Exemptions shall be determined based upon the standards established by the registered apprenticeship program sponsor.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.052 FS. History–New 6-9-81, Formerly 38C-16.10, Amended 8-18-94, 4-8-96, Formerly 38C-16.010, Amended 1-25-98, 3-15-98, 4-27-98, Formerly 38H-16.010, Amended 3-29-11.

6A-23.011 Program Performance Standards.

(1) Every registered apprenticeship program must have at least one (1) registered apprentice, except for the following specified periods of time, which may not exceed one (1) year:

(a) Between the date when a program is registered and the date of registration for its first apprentice(s); or

(b) Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program.

(2) The Department must evaluate performance of registered apprenticeship programs. The tools and factors to be used must include, but are not limited to the following:

(a) Quality assurance assessments;

(b) Equal Employment Opportunity (EEO) Compliance Reviews; and

(c) Completion rates.

(d) Adherence to the approved program standards.

(e) Compliance with rules relating to apprenticeship programs established in Chapter 6A-23, F.A.C.

(3) In order to evaluate completion rates, the Department must review a program’s completion rates in comparison to the national average for completion rates. Based on the review, the Department must provide technical assistance to programs with completion rates lower than the national average.

(4) Cancellation of apprenticeship agreements during the probationary period will not have an adverse impact on a sponsor’s completion rate.

Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.052 FS, History–New 3-29-11.

69L-56. Electronic Data Interchange (EDI) Requirements for Proof of Coverage and Claims (Non-Medical)

69L-56.001 Forms and Instructions.

The following forms are incorporated herein by reference and adopted for use in filing Proof of Coverage (POC) and Claims (non-medical) Electronic Data Interchange (EDI) transactions to the Division. All of the forms may be obtained from the Division of Workers’ Compensation at its website, http://www.myfloridacfo.com/WC/edi_clms.html.

(1) DFS-F5-DWC-EDI-1, “EDI Trading Partner Profile” (1/01/2008).

(2) DFS-F5-DWC-EDI-2, “EDI Trading Partner Insurer/Claim Administrator ID List” (10/01/2006).

(3) DFS-F5-DWC-EDI-2A, “EDI Trading Partner Claim Administrator Address List” (10/01/2006).

(4) DFS-F5-DWC-EDI-3, “EDI Transmission Profile-Sender’s Specifications” (10/01/2006).

(5) DFS-F5-DWC-EDI-4, “Secure Socket Layer (SSL)/File Transfer Protocol (FTP) Instructions” (1/01/2008).

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 3-5-02, Formerly 38F-56.001, 4L-56.001, Amended 5-29-05, 1-7-07, 5-17-09.

69L-56.002 Definitions.

Unless otherwise defined in this section, definitions of data elements and terms used in this rule are defined in the Data Dictionary located in Section 6 of the “IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition”, and in the Data Dictionary located in Section 6 of the “IAIABC Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition”, and in the IAIABC “Glossary”, October 2008, and in the IAIABC Claims EDI R3 “Supplement” January 2009 and the IAIABC POC EDI R2.1 “Supplement”, June 2007, all of which are incorporated herein by reference. Copies of the IAIABC guides, supplements, and glossary may be obtained from the IAIABC’s website at, http://www.iaiabc.org, under “EDI” link, then “Implementation Guides” link.

When used in this chapter, the following terms have the following meanings:

(1) “Acknowledge” or “acknowledgement” means a response provided by the Division to communicate the acceptance or rejection of an electronic transaction sent to the Division. An acknowledgement returned by the Division will reflect the assignment of an Application Acknowledgment Code of “TA” (Transaction Accepted) if the transaction was accepted by the Division, or “TR” (Transaction Rejected) if the transaction was rejected by the Division. If a transaction was assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) the date the transaction was received by the Division will be used in determining whether an electronic form was timely filed with the Division.

(2) “Award/Order Date” means the date an award, stipulated agreement, advance, lump sum settlement order, or order approving attorney fees for a lump sum settlement was signed by a Judge of Compensation Claims.

(3) “Average Wage” means the employee’s average weekly wage as determined in Section 440.14, FS.

(4) “Batch” means a set of records containing one header record, one or more detailed transactions, and one trailer record.

(5) “Became Medical Only Case” means a work-related injury or illness that was initially reported to the Division in error as a “Lost Time/Indemnity Case” or “Medical Only to Lost Time Case” and subsequently determined to be a “Medical Only Case” where FROI MTC 01 is being filed to cancel the claim. A “Became Medical Only Case” is represented by Claim Type Code “B” (Became Medical Only) and is only allowed for FROI MTC 01 (Cancel) filings.

(6) “Benefit Payment Issue Date” reported for MTC “IP” (Initial Payment), “AP” (Acquired Payment), “PY” (Payment), and “RB” (Reinstatement of Benefits) means the date payment of a specific indemnity benefit corresponding to the MTC being reported left the control of the claim administrator (or the claim administrator’s legal representative if delivery is made by the legal representative) for delivery to the employee or the employee’s representative, whether by U.S. Postal Service or other delivery service, hand delivery, or transfer of electronic funds. “Benefit Payment Issue Date” for MTC “S1-8” (Suspension reasons) means the date the last indemnity check prior to the suspension of benefits left the control of the claim administrator (or the claim administrator’s legal representative if delivery is made by the legal representative) for the delivery to the employee or the employee’s representative, whether by U.S. Postal Service or other delivery service, hand delivery, or transfer of electronic funds. The Benefit Payment Issue Date shall not be sent as the date the check is requested, created, or issued in the claim administrator’s system unless the check leaves the control of the claim administrator the same day it is requested, created, or issued for delivery to the employee or the employee’s representative.

(7) “Business day” means a day on which normal business is conducted by the State of Florida and excludes observed holidays as set out in Section 110.117(1), F.S. (see also State Holidays under http://dms.myflorida.com/human_resource_support/human_re source_management/for_state_hr_practitioners).

(8) “Calculated Weekly Compensation Amount” means 66 2/3 % of the employee’s average weekly wage pursuant to Section 440.14, F.S., subject to the minimum and maximum amounts set out in Section 440.12, F.S., (a/k/a, the statutory compensation rate).

(9) “Cancellation/Non-Renewal Effective Date” means the Transaction Set Type Effective Date as defined in the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07, for a cancellation or non-renewal of any workers’ compensation insurance policy, contract of insurance or renewal; and shall be effective at 12:01 a.m. on the Transaction Set Type Effective Date reported to the Division, or the Cancellation/Non-Renewal Effective Date derived by the Division as determined in Rule 69L-56.200, F.A.C.

(10) “Catastrophic Event” means the occurrence of an event outside the control of an insurer, claim administrator, or third party vendor, such as a telecommunications failure due to a natural disaster or act of terrorism (including but not limited to cyber terrorism), in which recovery time will prevent an insurer, claim administrator, or third party vendor from meeting the filing requirements of Chapter 440, F.S., and this rule. Programming errors, systems malfunctions, or electronic data interchange failures that are not the direct result of a catastrophic event are not considered to be a catastrophic event as defined in this rule.

(11) “Claim Administrator” means any insurer, service company/third party administrator, self-serviced self-insured employer or fund, or managing general agent, responsible for adjusting workers’ compensation claims, that is electronically sending its data directly to the Division.

(12) “Claim Administrator Primary Address”, “Claim Administrator Secondary Address”, “Claim Administrator City”, “Claim Administrator State Code”, and “Claim Administrator Postal Code” comprise the address associated with the physical location of the claims office at which a workers’ compensation claim is being adjusted.

(13) “Claim Administrator Alternate Postal Code” means the zip code associated with the Claim Administrator’s mailing address established for receiving mail on behalf of the claims office at which a workers’ compensation claim is being adjusted.

(14) “Claim Type Code” means a code representing the current classification of the claim as either a “Lost Time /Indemnity Case” (Claim Type Code “I”), “Medical Only to Lost Time Case” (Claim Type Code “L”), “Became Medical Only Case” (Claim Type Code “B”) or “Medical Only Case” (Claim Type Code “M”).

(15) “Client company” is as defined in Section 468.520(6), F.S.

(16) “Date of Maximum Medical Improvement” (MMI) means the date on which maximum medical improvement has been achieved with respect to all compensable medical or psychiatric conditions caused by a compensable injury or disease (i.e., overall MMI).

(17) “Date Claim Administrator Had Knowledge of Lost Time” means the date the claim administrator was notified or became aware that the employee was disabled for eight (8) or more days and was entitled to indemnity benefits. If the claim administrator acquires a claim from another claim administrator and is filing the Electronic First Report of Injury or Illness with the Division, the “Date Claim Administrator Had Knowledge of Lost Time” shall be the date the acquiring claim administrator had knowledge of the employee’s 8th day of disability.

(18) “Days” means calendar days, unless otherwise noted.

(19) “Denied Case” means a “Full Denial” or “Partial Denial” case for which all indemnity benefits are initially denied by the claim administrator.

(20) “Department” means the Department of Financial Services.

(21) “Division” means the Division of Workers’ Compensation.

(22) “Electronic Data Interchange” (EDI) means a computer-to-computer exchange of business transactions in a standardized electronic format.

(23) “Electronic Form Equivalent” means information sent in Division-approved electronic formats as specified in this rule, instead of otherwise required paper documents. Electronic form equivalents do not include information sent by facsimile, file data attached to electronic mail, or computer-generated paper forms.

(24) “Employee leasing” is as defined in Section 468.520(4), F.S.

(25) “Employee leasing company” is as defined in Section 468.520(5), F.S.

(26) “Employee Leasing Policy Identification Code” is a code which identifies a policy written as an employee leasing policy, and the type of leasing operation.

(27) “Employer Paid Salary in Lieu of Compensation” means the employer paid the employee salary, wages, or other remuneration for a period of disability for which the insurer would have otherwise been obligated to pay indemnity benefits. This does not include the waiting week if the employee was not disabled for 22 or more days.

(28) “File” or “Filed” means a transaction has been received by the Division and passes quality and structural edits and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted).

(29) “FROI” means the First Report of Injury Record Layout adopted by the IAIABC as a Claims EDI Release 3 standard, and is comprised of the First Report of Injury Record identified by Transaction Set ID “148” paired with the First Report of Injury Companion Record identified by Transaction Set ID “R21”. The “FROI” record layout (148/R21) is located in the Technical Documentation, Section 2, in the IAIABC EDI Implementation Guide for First, Subsequent, Acknowledgement Detail, Header, & Trailer Records, Release 3, January 1, 2009, which is incorporated herein by reference. A copy of the guide may be obtained from the IAIABC’s website at http://www.iaiabc.org, under “EDI” link, then “Implementation Guides” link.

(30) “Full Denial” means any case for which the claim administrator has denied liability for all workers’ compensation benefits (i.e., both indemnity and medical benefits). A “Full Denial” is represented by a FROI or SROI MTC 04 (Denial).

(31) “Gross Weekly Amount” means the weekly amount payable for a specific Benefit Type and excludes the application of any Benefit Adjustments or Benefit Credits. The Gross Weekly Amount is usually equal to the Calculated Weekly Compensation Amount (a/k/a/ statutory compensation rate) except when the weekly rate for a Benefit Type is paid as a percentage of either the Calculated Weekly Compensation Amount (Comp Rate), Average Wage, or average temporary total disability benefits, such as for Permanent Total Supplemental Benefits, Death Benefits, and Impairment Income Benefits.

(32) “Header Record” means the first record of a batch. The header record shall uniquely identify a sender, as well as the date and time a batch is prepared, and the transaction set within the batch.

(33) “IAIABC” means the International Association of Industrial Accident Boards and Commissions (www.iaiabc.org), which is a professional trade association comprised of state workers’ compensation regulators and insurance representatives.

(34) “Industry Code” means the 5 or 6-digit code that represents the nature of the employer’s business as published in the North American Industry Classification System (NAICS) 2007 Edition, hereby incorporated by reference. NAICS code information may be obtained by contacting the NAICS Association, 341 East James Circle, Sandy, Utah, 84070, or from the NAICS website at www.naics.com.

(35) “Initial Date of Lost Time” means the employee’s eighth (8th) day of disability, i.e., the first day on which the employee sustains disability as defined in Section 440.02, F.S., after fulfilling the seven (7) day waiting week requirement in Section 440.12, F.S. The Initial Date of Lost Time does not mean the “Initial Date Disability Began”.

(36) “Initial Disposition” means the first action taken by the claim administrator following its knowledge of an injury to accept or deny compensability of the claim and pay or deny benefits, including payment or denial of both indemnity and medical benefits, or denial of indemnity benefits only.

(37) “Insurer” means an insurer as defined in Section 440.02, F.S.

(38) “Insurer Code #” means the Division-assigned number for the insurer bearing the financial risk of the claim.

(39) “Jurisdiction Designee Received Date” means the date on which a third party vendor received Proof of Coverage data from an insurer that is not submitting their electronic Proof of Coverage data directly with the Division. This date shall be used in place of the date the Division received electronic Proof of Coverage data for purposes of calculating the effective date of the cancellation or non-renewal, and timely filings of electronic Proof of Coverage data.

(40) “Knowledge” or “Notification” means an entity’s earliest receipt of information, including by mail, telephone, facsimile, direct personal contact, or electronic submission.

(41) “Lost Time/Indemnity Case” means a work-related injury or illness which causes the employee to be disabled for more than 7 calendar days, or for which indemnity benefits have been paid. A Lost Time/Indemnity Case shall also include: A case involving a compensable volunteer pursuant to Section 440.02(15)(d)6., F.S., where no indemnity benefits will be paid, but where the employee is disabled for more than 7 calendar days; a compensable death case pursuant to Section 440.16, F.S., for which there are no known or confirmed dependents; a case where a compensable injury results in disability of more than 7 calendar days where the “Employer Paid Salary in Lieu of Compensation” as defined in this section; a case for which indemnity benefits were paid prior to the date the claim administrator learned of a change in jurisdiction and filed SROI MTC S8 (Suspension, Jurisdiction Change); and a case where indemnity benefits were paid but subsequently suspended because the employee could not be located and the claim administrator filed SROI MTC S6 (Suspension, Claimant’s Whereabouts Unknown). The first 7 calendar days of disability do not have to occur consecutively, but are determined on a cumulative basis and can occur over a period of time. A “Lost Time/Indemnity Case” is represented by Claim Type Code “I” (Indemnity).

(42) “Maintenance Type Code” (MTC) defines the specific purpose of individual claims transactions within the batch being sent, i.e., a code that represents the type of filing being sent electronically (For example: MTC IP = initial payment, MTC 04 = Total or Full Denial). MTC’s and data elements required by this rule may not exactly match paper claim forms and associated data reporting requirements set out in Rule Chapter 69L-3, F.A.C.

(43) “Manual Classification Code” means the 4-digit code assigned by the National Council on Compensation Insurance (NCCI) for the particular occupation of the injured employee as documented in the NCCI Scopes™ Manual 2009 Edition, which is hereby incorporated by reference. A listing of Manual Classification Codes may be obtained by contacting NCCI’s Customer Service Center at 1(800)622-4123.

(44) “Medical Only Case” means a work-related injury or illness which requires medical treatment for which charges will be incurred, but which does not cause the employee to be disabled for more than 7 calendar days. A “Medical Only Case” is represented by Claim Type “M” (Medical Only) and is limited to being reported on MTC 04 and PD filings where the claim was initially accepted as a Medical Only Case prior to the denial of indemnity benefits.

(45) “Medical Only to Lost Time Case” means a work-related injury or illness which initially does not result in disability of more than 7 calendar days, but later results in disability of more than 7 days, where disability is either delayed and does not immediately follow the accident, or where one or more broken periods of disability occur within the first 7 days after disability has commenced and the combined disability periods eventually total more than 7 days. A “Medical Only to Lost Time Case” includes a case for which Impairment Income Benefits are the first and only indemnity benefits paid, or for which the initial payment of indemnity benefits is made in a lump sum for an award, advance, stipulated agreement or settlement. A “Medical Only to Lost Time Case” is represented by Claim Type Code “L” (Became Lost Time/Indemnity).

(46) “Net Weekly Amount” means the weekly amount paid for an indemnity benefit such as temporary total benefits, impairment income benefits, etc., inclusive of any Benefit Adjustments or Benefit Credits being applied to the benefit type. The Net Weekly Amount equals the “Gross Weekly Amount” where no adjustments or credits are applied.

(47) “Partial Denial” means a case where compensability is accepted but the claim administrator initially denies all indemnity benefits and only medical benefits will be paid; Partial Denial also means a case where a specific indemnity benefit(s) was previously paid but subsequently denied, either in whole or in part. A “Partial Denial” is represented by a SROI MTC “PD”.

(48) “Payment Issue Date” for MTC “IP”(Initial Payment), and “PY” (Payment) means the date payment of a specific indemnity benefit corresponding to the MTC being reported left the control of the claim administrator (or the claim administrator’s legal representative if delivery is made by the legal representative) for delivery to the employee or the employee’s representative, whether by U.S. Postal Service or other delivery service, hand delivery, or transfer of electronic funds. The Payment Issue Date shall not be sent as the date the check is requested, created, or issued in the claim administrator’s system unless the check leaves the control of the claim administrator the same day it is requested, created, or issued for delivery to the employee or the employee’s representative.

(49) “Permanent Impairment Percentage” means “Permanent Impairment” as defined in Section 440.02, F.S.

(50) “Sender” means one of the following entities sending electronic filings to the Division:

(a) Claim Administrator,

(b) Insurer, or

(c) Third Party Vendor (Proof of Coverage only).

For Claims EDI filing purposes, “sender” does not include an entity acting as an intermediary for sending transmissions to the Division on behalf of an insurer or claim administrator where the sender is not the insurer or claim administrator handling the claim.

(51) “SROI” means the Subsequent Report of Injury Record Layout adopted by the IAIABC as a Claims EDI Release 3 standard, and includes the Subsequent Report Record identified by Transaction Set “A49” paired with the Subsequent Report Companion Record identified with Transaction Set ID “R22”. The “SROI” record layout (A49/R22) is located in the Technical Documentation, Section 2, in the IAIABC EDI Implementation Guide for First, Subsequent, Acknowledgement Detail, Header, & Trailer Records, Release 3, January 1, 2009, and Supplement, which is incorporated herein by reference. A copy of the guide may be obtained from the IAIABC’s website at http://www.iaiabc.org, under the “EDI” link, then “Implementation Guides” link.

(52) “Third Party Vendor” means an entity acting as a submission agent or vendor on behalf of an insurer, service company or third party administrator, which has been authorized to electronically send required data to the Division.

(53) “Trading Partner” means an entity approved by the Division in accordance with Rules 69L-56.110, 69L-56.310 and 69L-56.320, F.A.C., to exchange data electronically with the Division.

(54) “Trailer Record” means the last record that designates the end of a batch of transactions. It shall provide a count of transactions contained within the batch, not including the header and trailer transactions.

(55) “Transaction” is one or more records within a batch which communicates information representing an electronic form equivalent.

(56) “Transaction Accepted Code TA” means an Application Acknowledgement Code returned by the Division on the acknowledgement transaction to represent that a transaction was received by the Division and passed required edits.

(57) “Transaction Rejected Code TR” means an Application Acknowledgement Code returned by the Division on the acknowledgement transaction to represent that a transaction was received by the Division and did not pass required edits.

(58) “Transmission” consists of one or more batches sent to or received by the Division or a trading partner.

(59) “Triplicate Code” is a series of three two-digit numeric codes that define the specific purpose of individual records in a Proof of Coverage transmission, i.e., new policy, renewal, endorsement, cancellation or non-renewal. It is a combination of the Transaction Set Purpose Code, Transaction Set Type Code and Transaction Set Reason Code as defined in the Data Dictionary, Section 6 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/2007 Edition, which is incorporated herein by reference. A copy of the guide may be found at http://www.iaiabc.org, under “EDI” link, then “Implementation Guides” link.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 3-5-02, Formerly 38F-56.002, 4L-56.002, Amended 5-29-05, 1-7-07, 5-17-09.

69L-56.100 Proof of Coverage (POC) Electronic Reporting Requirements.

(1) Effective March 1, 2002, every insurer authorized to insure employers in the State of Florida, except for individual self-insurers approved under Section 440.38, F.S., shall file policy information electronically to the Division rather than by filing on paper forms previously required.

Every insurer shall send to the Division by electronic data interchange electronic policy information for Certificates of Insurance, Endorsements, Reinstatements, Cancellations and Non-Renewals pursuant to the filing time periods in Rule 69L-56.210, F.A.C., of this chapter. Such policy information shall be sent in accordance with the “EDI Trading Partner Requirements” set forth in Sections 2 through 6 of the Florida Division of Workers’ Compensation Proof of Coverage Electronic Data Interchange (EDI) Implementation Manual, 1/01/2009, which is incorporated herein by reference. A copy of the manual may be obtained from the Division of Workers’ Compensation at its website, http://www.myfloridacfo.com/WC/edi_poc.html, or by sending a request to the Division of Workers’ Compensation, Bureau of Data Quality and Collection, 200 East Gaines Street, Tallahassee, Florida 32399-4226. The Division will not accept an electronic transaction that fails to comply with the “EDI Trading Partner Requirements” in Sections 2 through 6 in this manual. The insurer shall send electronic transmissions either directly to the Division or through a third party vendor.

(2) On or before April 2, 2007, all electronic form equivalents of Proof of Coverage data shall be sent in the Proof of Coverage formats adopted by the IAIABC and located in Section 2 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/2007 Edition.

(3)(a) At least one (1) business day before the insurer or third party vendor sends its first transmission to the Division, the insurer or third party vendor shall send to the Division in an email addressed to poc.edi@myfloridacfo.com, their profile information using the following forms adopted in Rule 69L-56.001, F.A.C.:

1. “EDI Trading Partner Profile,” DFS-F5-DWC-EDI-1 (1/01/2008), and

2. “EDI Trading Partner Insurer/Claim Administrator ID List”, DFS-F5-DWC-EDI-2 (10/01/2006), and

3. “EDI Transmission Profile – Sender’s Specifications,” DFS-F5-DWC-EDI-3 (10/01/2006).

(b) The insurer or third party vendor shall report changes to its profile information to the Division at least one (1) business day before sending transactions containing new profile-related information. The insurer or third party vendor shall report the new profile information by emailing a revised “EDI Trading Partner Profile”, DFS-F5-DWC-EDI-1 (1/01/2008), and if applicable, the “EDI Trading Partner Insurer/Claim Administrator ID List”, DFS-F5-DWC-EDI-2 (10/01/2006), and if applicable, the “EDI Transmission Profile – Sender’s Specifications”, DFS-F5-DWC-EDI-3 (10/01/2006) to the Division at poc.edi@myfloridacfo.com.

(c) If the insurer suspends the use of a third party vendor and begins sending its electronic Proof of Coverage data directly to the Division, the insurer shall, at least one (1) business day prior to the effective date of this change, email a revised “EDI Transmission Profile – Sender’s Specifications,” DFS-F5-DWC-EDI-3 (10/01/2006), to the Division at poc.edi@myfloridacfo.com.

(d) If the insurer changes third party vendors, the insurer shall, at least one (1) business day prior to the effective date of the change, send an email to the Division at poc.edi@myfloridacfo.com to report the name of the new vendor and effective date on which POC transactions will be sent by the new vendor.

(e) Insurers or third party vendors that experience a catastrophic event resulting in the insurer’s failure to meet the filing requirements of this rule, shall submit a written or electronic request to the Division for approval to submit required electronic form equivalents in an alternative filing timeline. The request shall be sent to the Division within 15 business days after the catastrophic event. The request shall contain a detailed explanation of the nature of the event, date of occurrence, and measures being taken to resume electronic submission. The insurer or third party vendor shall also provide an estimated date by which electronic submission of affected EDI filings will be resumed. Approval to submit in an alternative filing timeline shall be granted by the Division if a catastrophic event prevents electronic submission. The approval must be obtained from the Division’s Bureau of Data Quality and Collection, 200 E. Gaines Street, Tallahassee, Florida 32399-4226, or via email at poc.edi@myfloridacfo.com.

Rulemaking Authority 440.185(7), 440.591, 440.593(5) FS. Law Implemented 440.185(7), 440.593 FS. History–New 3-5-02, Formerly 38F-56.100, 4L-56.100, Amended 5-29-05, 1-7-07, 5-17-09.

69L-56.110 Technical Requirements for POC EDI Transmissions.

(1) In order to send Proof of Coverage data electronically to the Division, the insurer or third party vendor shall complete the testing requirements set forth in Section 1 of the Florida Division of Workers’ Compensation Proof of Coverage Electronic Data Interchange (EDI) Implementation Manual, 1/01/09. Each transmission for Test or Production purposes shall be in the PC1-Insured Record format and PC2-Employer Record format located in Section 2 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement.

(2) Each transmission shall contain the following as set forth in Section 2 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition:

(a) Header Record.

(b) One or more records – PC1, PC2 (See “Transaction Overview, Sub Type Code” column located in Section 4 of the guide).

(c) Trailer Record.

(3) Header records shall include the following information:

(a) Receiver FEIN for the State of Florida: 59-6001874.

(b) “Receiver Postal Code” for the State of Florida: 323994226

(c) Sender Identifier. The Sender Identifier (Sender ID) shall consist of the insurer’s or third party vendor’s FEIN and Postal Code as reported on Form DFS-F5-DWC-EDI-3 (10/01/2006), EDI Transmission Profile-Sender’s Specifications.

(d) “Sender Postal Code” as indicated on DWC Form EDI-3 “EDI Transmission Profile-Sender’s Specifications.”

(4) POC EDI transmissions may be sent on a daily basis, and shall be sent via secured File Transfer Protocol (FTP). Effective June 1, 2005, electronic transmissions of Proof of Coverage data required pursuant to this rule, shall be sent to the Division using Secure Socket Layer/File Transfer Protocol (SSL/FTP) in accordance with instructions on Form DFS-F5-DWC-EDI-4 (1/01/2008).

(5) Transmissions received on or before 9:00 p.m., Eastern Standard Time, shall be processed by the Division the same day the transmission was sent to the Division and acknowledged by the Division the next business day. Transmissions received after 9:00 p.m. through 11:59 p.m., Eastern Standard Time, shall be processed by the Division the following day and acknowledged by the Division the next day after the transmission is processed.

(6) Transmissions shall be sent using the flat file PC1 and PC2 formats located in Section 2 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement.

(7) For test transmissions, the “Test-Production Indicator” in the Header record shall be set to “T.” Beginning with authorized production transmissions, the “Test-Production Indicator” shall be set to “P.”

(8) All insurers or third party vendors shall have the capability to receive and process the Division’s POC EDI Acknowledgement Transaction (AKP), described in Section 2 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement. The Division will also send, when applicable, a re-acknowledgment transaction (ACR) to identify an EDI filing previously acknowledged with Application Acknowledgement Code “TR” (Transaction Rejected) due to improper processing, that was subsequently re-processed by the Division and re-assigned an Application Acknowledgement Code of “TA” (Transaction Accepted). The claim administrator shall have the option of processing re-acknowledgement transactions.

(9) The definitions established in Section 6 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement, shall be utilized when reporting data elements to the Division.

(10) The insurer or third party vendor shall send the PC1 and PC2 transactions required in Rule 69L-56.210, F.A.C., in accordance with the information appearing in the “Sub Type Code” column in the “Proof of Coverage Transaction Overview” document, located in Section 4 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition. If the PC2 record is required and is rejected by the Division, both the PC1 and PC2 records shall be re-sent together in the same transmission. The Division will not “hold” a PC1 record in anticipation of the return of a corrected corresponding PC2 record.

(11) The insurer or third party vendor’s business and technical contacts shall have e-mail system capabilities that support Word, Excel, or PDF attachments from the Division of at least 2 Megabytes.

(12) The insurer or third party vendor shall utilize anti-virus software to screen out and clean any viruses on all electronic transmissions prior to sending transmissions to the Division. The insurer or third party vendor shall maintain the anti-virus software with the most recent anti-virus update files from the software provider. If the insurer or third party vendor sends a transmission that contains a virus which prevents the Division from processing the transmission, the transmission will not be considered as having been received by the Division.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 3-5-02, Formerly 38F-56.110, 4L-56.110, Amended 5-29-05, 1-7-07, 5-17-09.

69L-56.200 Policy Cancellation or Non-Renewal Requirements.

(1) Except for cancellation for nonpayment of premium or failure to pay deductible, or cancellation or non-renewal at the request of the insured, an insurer shall not cancel or non-renew any workers’ compensation insurance policy, contract of insurance, or renewal until at least 30 days have elapsed after the insurer has electronically filed a cancellation or non-renewal with the Division, either directly or through a third party vendor. When an insurer files an electronic cancellation or non-renewal directly with the Division for any reason other than non-payment of premium or failure to pay deductible or when cancellation or non-renewal is requested by the insured, the 30-day notice period (Cancellation/Non-Renewal Effective Date) shall be calculated from the first day following the date on which the electronic cancellation or non-renewal was filed with the Division. If the insurer files an electronic cancellation or non-renewal through a third party vendor for any reason other than non-payment of premium or failure to pay deductible, or when cancellation or non-renewal is requested by the insured, the 30-day notice period (Cancellation/Non-Renewal Effective Date) shall be calculated from the first day following the “Jurisdiction Designee Received Date”.

(2)(a) For any workers’ compensation insurance policy, contract of insurance, or renewal with a policy effective date prior to October 1, 2003, an insurer shall not cancel or non-renew the policy for non-payment of premium or failure to pay deductible until and unless 30 days have elapsed after the insurer has electronically filed a cancellation or non-renewal with the Division, either directly or through a third party vendor. When an insurer files an electronic cancellation or non-renewal directly with the Division, the 30-day notice period (Cancellation/Non-Renewal Effective Date) shall be calculated from the first day following the date on which the electronic cancellation or non-renewal was filed with the Division. If the insurer files an electronic cancellation or non-renewal through a third party vendor, the 30-day notice period (Cancellation/Non-Renewal Effective Date) shall be calculated from the first day following the “Jurisdiction Designee Received Date”.

(b) For any workers’ compensation insurance policy, contract of insurance, or renewal with a policy effective date on or after October 1, 2003, an insurer shall not cancel or non-renew the policy for non-payment of premium or failure to pay deductible until and unless the insurer has mailed notification of the cancellation or non-renewal to the employer at least 10 days prior to the effective date of the cancellation or non-renewal. Notification to the Division is not required to cancel or non-renew a workers' compensation insurance policy, contract of insurance, or renewal for non-payment of premium or failure to pay deductible. However, the insurer shall advise the Division of the cancellation or non-renewal due to non-payment of premium or failure to pay deductible in accordance with the electronic filing time periods for policy information set out in subsections 69L-56.210(5) and (6), F.A.C.

(3) If an insured requests cancellation or non-renewal of any workers’ compensation insurance policy, contract of insurance or renewal, the cancellation or non-renewal shall be effective on the date the insurer sends the cancellation or non-renewal to the insured. Notification to the Division is not required to cancel or non-renew a workers’ compensation insurance policy, contract of insurance, or renewal when cancellation or non-renewal is requested by the insured. However, the insurer shall advise the Division of the Cancellation/Non-Renewal Effective Date requested by the insured in accordance with the electronic filing time periods for policy information set out in subsection 69L-56.210(7), F.A.C.

(4) If a policy has been re-written by the same insurer for the same employer with the same effective date and has been electronically filed with the Division, the earlier policy may be cancelled by the insurer the same day the earlier policy became effective. The insurer shall electronically file a cancellation or non-renewal directly with the Division or through a third party vendor, and serve a copy of the notice of cancellation or non-renewal upon the employer in person or by mail, stating therein the reason for such cancellation or non-renewal.

Rulemaking Authority 440.185(7), 440.42(3), 440.591, 440.593(5), 627.4133(4) FS. Law Implemented 440.185(7), 440.42(3), 440.593, 627.4133(4), FS. History–New 5-29-05, Amended 1-7-07, 5-17-09.

69L-56.205 Policy Reporting Requirements for Employee Leasing Companies.

For any workers’ compensation insurance policy, contract of insurance or renewal written for an employee leasing company or clients of an employee leasing company, with a policy effective date on or after October 1, 2009, the insurer shall electronically file any workers’ compensation insurance policy, contract of insurance, or renewal pursuant to the requirements set forth in Rule 69L-56.210, F.A.C., and report one of the Employee Leasing Policy Idenitification Codes shown below from Section 6 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement:

(1) Employee Leasing Policy Identification Code (2) – identifies an Employee leasing policy for leased workers of multiple client companies. The non-leased workers of the employee leasing company may also be covered under this policy. The insured name reported shall be the name of the employee leasing company and shall be reported on the IAIABC POC Release 2.1 Insured Record (PC1). The client names reported shall be the legal business name of each client company, and shall not be preceded with the name of the Employee leasing company and shall be reported on the IAIABC POC Release 2.1 Employer Record(s) (PC2).

(a) If an employee leasing company policy is reported with the Employee Leasing Policy Identification Code (2), an employee leasing policy for leased workers of multiple client companies, the Insurer shall report the addition of client companies to the policy in accordance with subsection 69L-56.210(2), F.A.C., using Triplicate Codes 00-31-54, 00-31-87 or 00-31-86.

(b) If an Employee leasing company policy is reported with Employee Leasing Policy Identification Code (2), an employee leasing policy for leased workers of multiple client companies, the Insurer shall report the deletion of client companies from the policy in accordance with subsection 69L-56.210(2), F.A.C., using Triplicate Codes 00-33-56 or 00-33-87.

(c) Cancellation or non-renewal of the entire policy for Employee Leasing Policy Identification Code (2) shall be reported in accordance with Rule 69L-56.200, F.A.C.

(2) Employee Leasing Policy Identification Code (3) – identifies an employee leasing policy for non-leased workers of the Employee leasing company. The insured name reported shall be the legal business name of the Employee leasing company and shall be reported on the IAIABC POC Release 2.1 Insured Record (PC1). Cancellation or non-renewal of a policy for Employee Leasing Policy Identification Code (3) shall be reported in accordance with Rule 69L-56.200, F.A.C.

(3) Employee Leasing Policy Identification Code (4) – identifies a client company policy for leased workers of the client company. The insured name reported shall be the name of the Client company and shall not be preceded with the name of the Employee leasing company and shall be reported on the IAIABC POC Release 2.1 Insured Record (PC1).

Cancellation or non-renewal of a policy for the Employee Leasing Policy Identification Code (4) shall be reported in accordance with Rule 69L-56.200, F.A.C.

(4) Employee Leasing Policy Identification Code (5) – identifies an Employee leasing policy for leased workers of a single client company. The insured name reported shall be the name of the Employee leasing company and shall be reported on the IAIABC POC Release 2.1 Insured Record (PC1). The client name reported shall be the legal business name of the client company, and shall not be preceded with the name of the Employee leasing company, and shall be reported on the IAIABC POC Release 2.1 Employer Record(s) (PC2).

Cancellation or non-renewal of a policy for Employee Leasing Policy Identification Code (5) shall be reported in accordance with Rule 69L-56.200, F.A.C.

Rulemaking Authority 440.185(7), 440.42(3), 440.591, 440.593(5) FS. Law Implemented 440.185(7), 440.42(3), 440.593 FS. History–New 5-17-09.

69L-56.210 Time Periods for Filing Electronic Policy Information.

Pursuant to Section 440.593(1), F.S., the Division may establish different deadlines for filing required reports electronically than are otherwise required when reporting information by other means. Accordingly, notwithstanding the deadlines for filing policy information by other means as set forth in Section 440.185(7), F.S., an insurer, other than an individual self-insurer approved under Section 440.38, F.S., must electronically file the following information in accordance with the provisions of this rule, and shall have received an Application Acknowledgement Code of “TA” (Transaction Accepted) by the Division within the following deadlines:

(1) No later than thirty days after the effective date of any workers’ compensation insurance policy, contract of insurance, or renewal, every insurer shall send the electronic Certificate of Insurance.

(2) No later than thirty days after the issue date of each endorsement to any workers’ compensation insurance policy, contract of insurance, or renewal, every insurer shall send the electronic Notice of Endorsement.

(3) No later than thirty days after the effective date of each reinstatement of a cancelled workers’ compensation insurance policy, contract of insurance, or renewal, every insurer shall send the electronic Notice of Reinstatement.

(4) No later than thirty days prior to the cancellation or non-renewal of any workers’ compensation insurance policy, contract of insurance, or renewal, other than a cancellation for non-payment of premium or failure to pay deductible or when cancellation or non-renewal is requested by the insured, every insurer shall send the electronic cancellation or non-renewal.

(5) No later than thirty days prior to the cancellation of any workers’ compensation insurance policy, contract of insurance, or renewal with a policy effective date prior to October 1, 2003, that is being cancelled for non-payment of premium or failure to pay deductible, every insurer shall send the electronic cancellation represented by Triplicate Codes “00-41-59”, “00-41-69” and “00-60-59”.

(6) No later than ten days prior to the cancellation of any workers’ compensation insurance policy, contract of insurance, or renewal with a policy effective date on or after October 1, 2003, that is being cancelled for non-payment of premium or failure to pay deductible, every insurer shall send the electronic cancellation represented by Triplicate Codes “00-41-59”, “00-41-69” and “00-60-59”.

(7) No later than ten days after the cancellation or non-renewal of any workers' compensation insurance policy, contract of insurance, or renewal for which an insured has requested cancellation or non-renewal, the insurer shall send the electronic cancellation or non-renewal to the Division. The electronic cancellation or non-renewal shall be represented by Triplicate Codes containing Transaction Set Type Codes “42” & “60”, with the exception of Triplicate Code “00-60-64”, pursuant to the “Transaction Overview” document, located in Section 4 of the IAIABC EDI Implementation Guide for Proof of Coverage: Insured, Employer, Header, Trailer & Acknowledgement Records, Release 2.1, 6/01/07 Edition and Supplement.

(8) An insurer shall not cancel or non-renew a workers’ compensation insurance policy, contract of insurance, or renewal for underwriting reasons represented by Triplicate Code “00-60-64” until and unless 30 days have elapsed after the insurer has electronically sent a cancellation or non-renewal to the Division directly or through a third party vendor.

Rulemaking Authority 440.185(7), 440.42(3), 440.591, 440.593(5), 627.4133(4) FS. Law Implemented 440.185(7), (9), 440.42(3), 440.593, 627.4133(4) FS. History–New 5-29-05, Amended 1-7-07, 5-17-09.

69L-56.300 Claims EDI Reporting Requirements and Implementation Schedules.

(1)(a) On or before the implementation schedules set out in paragraphs (3)(a) and (b) of this section, every insurer shall file claims information for all “Lost Time/Indemnity,” “Medical Only to Lost Time,” and “Denied” cases via electronic data interchange (EDI) pursuant to paragraph (d) of this section, rather than by submitting paper forms otherwise required in Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.016, 69L-3.0213 and 69L-3.025, F.A.C. The insurer shall file the electronic form equivalent of the First Report of Injury or Illness, Notice of Denial, Claim Cost Report, Notice of Action/Change, and Aggregate Claims Administration Change Report adopted in Rule 69L-3.025, F.A.C., pursuant to the requirements and timeframes set out in Rules 69L-56.301, 69L-56.3012, 69L-56.3013, 69L-56.304 and 69L-56.3045, F.A.C., and in accordance with the “FL Claims EDI R3 Trading Partner Filing Specifications” contained in Section 1 of the “Florida Division of Workers’ Compensation Claims Electronic Data Interchange (EDI) R3 Implementation Manual, September 2006” and “Supplement,” incorporated herein by reference, and hereafter referred to as the “FL Claims EDI Implementation Manual.” A copy of the FL Claims EDI Implementation Manual may be obtained from the Division of Workers’ Compensation at its website, http://www.myfloridacfo.com/WC/edi_clms.html.

(b) The insurer or its claim administrator shall electronically report all First Reports of Injury or Illness for which the claim administrator’s knowledge of the injury is on or after the date the claim administrator is authorized by the Division to send Electronic First Reports of Injury or Illness in production status (i.e., actual production implementation date). All other electronic form equivalents for denials, periodic claim cost information, changes, suspensions, reinstatements, and cancellations required by this rule shall be electronically reported to the Division, regardless of date of injury, once the claim administrator is approved by the Division to send these electronic filings in production status (i.e., actual production implementation date).

(c) Electronic form equivalents, hereafter also referred to as “Claims EDI Filings” required under this rule do not correspond exactly to, and may require additional information not currently contained on claims forms promulgated under Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.016, 69L-3.0213 and 69L-3.025, F.A.C. The term, “insurer,” as defined in this rule chapter, refers to the entity responsible for filing electronic form equivalents on or before the compliance dates established in the insurer’s Primary and Secondary Implementation Schedules set out in paragraphs 69L-56.300(3)(a) and (b), F.A.C. The term, “claim administrator,” as defined in this rule chapter, refers to the trading partner that is sending electronic transactions to the Division, which can be either an insurer filing directly with the Division on its own behalf, or a servicing company/third party administrator filing on the behalf of the insurer. For purposes of this rule, the terms “Claim Administrator” and “Trading Partner” do not mean a third party vendor.

(d) The claim administrator shall report the Claims EDI filings required in Rules 69L-56.301, 69L-56.3012, 69L-56.3013, 69L-56.304, 69L-56.3045 and 69L-56.307, F.A.C., using the First Report of Injury (FROI) and Subsequent Report of Injury (SROI) electronic record layouts adopted by the International Association of Industrial Accident Boards and Commissions (IAIABC). A sample of the FROI, which consists of the 148 and companion R21 records, and a sample of the SROI, which consists of the A49 and companion R22 records, are located in Section 2, “Technical Documentation” of the “IAIABC EDI Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition” and “Supplement,” incorporated herein by reference, and hereafter referred to as the IAIABC Claims EDI Release 3 Implementation Guide. A copy of this guide may be obtained from the IAIABC at its website, http://www.iaiabc.org, under “EDI” link, then “Implementation Guides” link.

The claim administrator shall send the FROI (148/R21), SROI (A49/R22), and combination FROI and SROI records with the Maintenance Type Code (MTC) or MTC combinations specified in Rules 69L-56.301, 69L-56.3012, 69L-56.3013, 69L-56.304, 69L-56.3045 and 69L-56.307, F.A.C., to represent the Claims EDI Filing being sent to the Division (Example: FROI MTC 04 = Total Denial of an Electronic First Report of Injury or Illness; SROI MTC FN = Electronic Final Claim Cost Report; FROI MTC 00 with SROI MTC IP = Electronic First Report of Injury or Illness where the Initial Payment is made by claim administrator.)

(e) In addition to the Technical Documentation and Business/Technical Process Rules located in Sections 2 and 4, respectively, of the IAIABC Claims EDI Release 3 Implementation Guide, the claim administrator shall comply with information contained in the below documents located in the Claims EDI Trading Partner Filing Specifications of the FL Claims EDI Implementation Manual:

1. “FL Claims EDI R3 Event Table” – Identifies the FROI MTC or SROI MTC, and FROI/SROI MTC combinations required to be sent for an electronic form equivalent required by this rule, and the associated filing time periods by which the FROI and SROI MTC’s shall be received by the Division in order to be considered timely filed;

2. “FL Claims EDI R3 Element Requirement Table” – Specifies the data elements required to be sent for each FROI and SROI MTC; and

3. “FL Claims EDI R3 Edit Matrix” – Identifies Division editing that will be applied to data elements and transactions, including transaction sequencing and duplicate processing rules.

(f) The claim administrator shall collect and report all data elements designated with the following codes on the FL Claims EDI R3 Element Requirement Table: “F” (Fatal Technical) – Required to be reported; “M” (Mandatory) – Required to be reported; “MC” (Mandatory/Conditional) – Required to be reported if the condition(s) set out in the table’s FROI or SROI Conditional Requirements or Event Benefits Conditions worksheets are met; “IA” (If Applicable/Available) – Required to be reported if the data element is applicable to the claim (e.g., If the claim administrator has knowledge that the employee’s Last Name Suffix is “Jr”, the claim administrator shall report the Last Name Suffix of “Jr”).

(g) Claims EDI filings that comply with data element reporting requirements and pass edits specified in the “FL Claims EDI R3 Element Requirement Table” and the “FL Claims EDI R3 Edit Matrix” shall be accepted and acknowledged by the Division with Application Acknowledgement Code “TA” (Transaction Accepted). Claims EDI filings that receive an Application Acknowledgement Code of “TA” shall be assigned a “Received by Division Date” for purposes of determining whether an EDI filing was timely filed with the Division in accordance with the timeframes identified in the “FL Claims EDI R3 Event Table” and as required in Rules 69L-56.301, 69L-56.3012, 69L-56.3013, 69L-56.304, 69L-56.3045 and 69L-56.307, F.A.C. The date assigned as the “Received by Division Date” is the date the transmission containing the accepted Claims EDI filing was sent to and received by the Division based on the technical transmission requirements set out in subsection 69L-56.310(4), F.A.C. An electronic First Report of Injury or Illness that receives an Application Acknowledgement Code of “TA” shall also be assigned a “Jurisdiction Claim Number” by the Division which the claim administrator shall report on every subsequent Claims EDI filing for that claim. Electronic transactions that do not satisfy data element requirements and edits specified in the “FL Claims EDI R3 Element Requirement Table” and the “FL Claims EDI R3 Edit Matrix” shall be rejected and acknowledged by the Division with Application Acknowledgement Code “TR” (Transaction Rejected). The claim administrator shall correct the error(s) identified in the acknowledgement returned by the Division and re-send the Claims EDI filing to the Division as appropriate (e.g., a transaction receiving fatal error # 0002-057 because it was an extra MTC in the transmission or already on file with the Division is not expected to be re-filed with the Division.)

(h) The claim administrator shall receive and process each acknowledgement transaction (AKC) returned by the Division. The Division will also send, when applicable, a re-acknowledgment transaction (ACR) to identify a Claims EDI filing that was previously acknowledged with Application Acknowledgement code “TR” due to improper processing by the Division, and which was subsequently re-processed and re-assigned an Application Acknowledgement Code of “TA.” The claim administrator has the option to either process or not process re-acknowledgement transactions sent by the Division.

(i) Claims EDI filings acknowledged with Application Acknowledgement Code “TA” (Transaction Accepted) that invoke one or more non-rejectable (non-fatal) edits depicted as “FL” in the “DN-Error Message Table” of the FL Claims EDI R3 Edits Matrix, shall result in an error message that will be communicated by the Division to the claim administrator in a proprietary report, separate from the acknowledgement transaction (AKC). Non-fatal error reports will be posted to the Division’s website in a password-protected file, which the claim administrator shall retrieve via the “Claims EDI” link on the Division’s web site. The Division will send an email notification to the claim administrator regarding the posting of all non-fatal error reports that require a response from the claim administrator. The claim administrator shall respond to the Division on or before 21 days after the date the report was posted to the Division’s web site. The email notification will be sent to the “EDI Business Contact(s)” identified in the claim administrator’s “EDI Trading Partner Profile,” Form DFS-F5-DWC-EDI-1. The claim administrator shall notify the Division regarding any additions or deletions of “EDI Business Contacts” for this purpose. The claim administrator shall respond to all other inquiries from the Division, including by telephone, concerning written or electronic requests for information, on or before 21 days after the claim administrator’s receipt of the request from the Division.

(j) Unless an explanatory letter is alternatively permitted by this rule chapter, paper copies of Forms DFS-F2-DWC-1, DFS-F2-DWC-4 and DFS-F2-DWC-12 shall continue to be provided by the claim administrator to the employee and employer as required by Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.025, F.A.C., and as specified in Rules 69L-56.301, 69L-56.3012, 69L-56.304 and 69L-56.3045, F.A.C., and the FL Claims EDI R3 Event Table (“Paper Form” and “Receiver” columns).

(k) The claim administrator shall produce and mail to the employee and employer the informational brochures required in Rules 69L-3.0035 and 69L-3.0036, F.A.C.

(l) Claim administrators who, directly or through its third party vendor, experience a catastrophic event resulting in the insurer’s failure to meet the filing requirements of this rule, shall submit a written or electronic request to the Division for approval to submit required electronic form equivalents in an alternative filing timeline. The request shall be sent to the Division within 15 business days after the catastrophic event. The request shall contain a detailed explanation of the nature of the event, date of occurrence, and measures being taken to resume electronic submission. The claim administrator shall also provide an estimated date by which electronic submission of affected EDI filings will be resumed. Approval to submit in an alternative filing timeline shall be granted by the Division if a catastrophic event prevents electronic submission. The approval must be obtained from the Division’s Bureau of Data Quality and Collection, 200 E. Gaines Street, Tallahassee, Florida 32399-4226, or via email at claims.edi@myfloridacfo.com. If approved, the electronic form equivalents that were due to be filed during the time the claim administrator was unable to file due to a catastrophic event, shall be sent with Late Reason Code “LB” (Late notification/payment due to a Natural Disaster) or “LC” (Late notification/payment due to an act of Terrorism).

(m) Non-compliance by the claim administrator with the electronic reporting requirements in this Rule shall result in referral to the Division’s Bureau of Monitoring and Audit, and may constitute a violation of Section 440.525, F.S.

(2) Trading Partner Profile Documents:

(a) At least two (2) business days prior to sending its first test transmission to the Division, the claim administrator shall send to the Division in an email addressed to claims.edi@myfloridacfo.com, the claim administrator’s current profile information using the following forms adopted in Rule 69L-56.001, F.A.C.:

1. “EDI Trading Partner Profile,” DFS-F5-DWC-EDI-1 (1/01/2008), and

2. “EDI Trading Partner Insurer/Claim Administrator ID List,” DFS-F5-DWC-EDI-2 (10/01/2006), and

3. “EDI Trading Partner Claim Administrator Address List,” DFS-F5-DWC-EDI-2A (10/01/2006), and

4. “EDI Transmission Profile – Sender’s Specifications, DFS-F5-DWC-EDI-3 (10/01/2006).

Claim administrators filing Electronic First Reports of Injury or Illness or Electronic Claim Cost Reports on a voluntary basis using the IAIABC Release 1 standard formats shall re-file their profile information with the Division using the forms in subparagraphs (2)(a)1.-4. above, even if the claim administrator’s profile information has not changed since previously reported to the Division.

(b) The claim administrator shall report changes to its profile information required on the forms listed in subparagraphs (2)(a)1.-4. above, at least two (2) business days prior to sending transactions containing revised profile-related information to the Division. The insurer or its claim administrator shall report revisions to its profile information by emailing to the Division at claims.edi@myfloridacfo.com, a revised “EDI Trading Partner Profile,” DFS-F5-DWC-EDI-1 (1/01/2008), and if applicable, a revised “EDI Trading Partner Insurer/Claim Administrator ID List”, DFS-F5-DWC-EDI-2 (10/01/2006), and if applicable, a revised “EDI Trading Partner Claim Administrator Address List”, DFS-F5-DWC-EDI-2A (10/01/2006), and if applicable, a revised “EDI Transmission Profile – Sender’s Specifications”, DFS-F5-DWC-EDI-3 (10/01/2006). Failure by the claim administrator to report changes to its trading partner profile information using the forms adopted in this rule, including changes to the Submitter ID (i.e., Trading Partner FEIN/Postal Code on the Header Record), shall result in the rejection of an entire transmission or individual transaction(s) containing profile information that is different from that reported on profile documents previously filed with the Division by the claim administrator.

(c) If the insurer or its claim administrator contracts with a new third party vendor, the insurer or its claim administrator shall, at least two (2) business days prior to the effective date of the change in vendors, send an email to the Division at claims.edi@myfloridacfo.com to report the name of the new vendor and effective date on which Claims EDI transactions will be sent via the new vendor.

(3) Claims EDI Implementation Schedules:

(a) Primary Implementation Schedule: The insurer shall comply with the following implementation schedule for reporting Electronic First Reports of Injury or Illness specified in Rule 69L-56.301, F.A.C., Electronic Notices of Denial and Rescinded Denial specified in Rule 69L-56.3012, F.A.C., Electronic Periodic Claim Cost Reports specified in Rule 69L-56.3013, F.A.C., Electronic Notices of Actions or Changes, including Changes in Claims Administration specified in Rule 69L-56.304, F.A.C., and Electronic Cancellations Specified in Rule 69L-56.307, F.A.C. The insurer’s Primary Implementation Schedule shall consist of three “test to production” periods as described in subparagraphs (3)(a)1.-3., of this subsection. Each insurer shall be assigned to either the first, second, or third “test to production” period based on the insurer’s Division-assigned Insurer Code #. If there are multiple or subsidiary insurer entities within an insurer’s corporate structure or organization, the insurer’s “test to production” period in the Primary Implementation Schedule will be based on the lowest numeric value assigned to any of the insurer’s subsidiary companies. Insurers that write large deductible policies for insureds adjusting their own claims are responsible for ensuring those insureds meet the insurer’s required “test to production” timelines and implementation schedules, even if the insured is not using the insurer’s computer system to file its Claims EDI Filings with the Division. Claim administrators voluntarily submitting Claims EDI Filings in production status using the IAIABC Release 1 national standard shall convert to Release 3 and be in production status by the same date as that required for the first group of insurers specified in subparagraph (3)(a)1. below, regardless of Insurer Code #. Each “test to production period” shall consist of three calendar months. The insurer’s compliance date for the Primary Implementation Schedule shall be the last day of the third month of the insurer’s assigned “test to production” period.

1. The first “test to production” period shall commence November 1, 2007, and shall include insurers with Division-assigned Insurer Code #’s 102 through # 199. The compliance date for the Insurer’s Primary Implementation Schedule shall be January 31, 2008.

2. The second “test to production” period shall commence February 1, 2008, and shall include insurers with Division-assigned Insurer Code #’s 200 through 599. The compliance date for the insurer’s Primary Implementation Schedule shall be April 30, 2008.

3. The third “test to production” period shall commence May 1, 2008 and shall include insurers with Division-assigned Insurer Code #’s 600 through 1122, future Insurer Code #’s 1123 through 4999 and 8000 through #9999. The compliance date for the insurer’s Primary Implementation Schedule shall be July 31, 2008.

(b) Secondary Implementation Schedule: The insurer shall comply with the Secondary Implementation Schedule for reporting the additional Electronic Notices of Action or Change, Suspensions, and Reinstatement of indemnity benefits specified in Rule 69L-56.3045, F.A.C., as follows:

No later than 9 months after the compliance date established in the insurer’s Primary Implementation Schedule, the insurer shall commence testing its Electronic Notice of Action or Change, Suspension, and Reinstatement of Indemnity benefits required in Rule 69L-56.3045, F.A.C. The insurer shall be in production status within three months after the commencement of testing, i.e., within one year after the compliance date established in the insurer’s Primary Implementation Schedule.

(c) Beginning August 1, 2007, a claim administrator may voluntarily commence testing any electronic form equivalent/MTC with the Division using the IAIABC EDI Release 3 standard for Claims, contingent upon the availability of Division resources.

(d) After a claim administrator has been approved for production status for filing electronic form equivalents required in the Primary Implementation Schedule or Secondary Implementation Schedule, if the claim administrator is unable to receive an Application Acknowledgement Code of “TA” from the Division for an electronic form equivalent required by this rule chapter, the claim administrator may alternatively file the formerly required DWC form adopted in Rule 69L-3.025, F.A.C., for a period not to exceed three months after each of the claim administrator’s production implementation dates for the Primary and Secondary Implementation Schedules.

(e) After the conclusion of the three month time period specified in paragraph 69L-56.300(3)(d), F.A.C., above, if the claim administrator is unable to receive an Application Acknowledgement Code of “TA” from the Division for an electronic form equivalent required by this rule chapter, and the claim administrator needs to meet the reporting requirements of this rule, the claim administrator shall submit an e-mail to the Division at claims.edi@myfloridacfo.com to request approval to alternatively file a DWC form pursuant to Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.016, 69L-3.0213 and 69L-3.025, F.A.C., in lieu of the electronic form equivalent. The request shall include the following information: Claim Administrator Name and FEIN, Employee Name, Employee ID Number (Social Security Number or Division Assigned Number), Date of Injury, Claim Administrator File Number, Maintenance Type Code (MTC), Date Transmission Sent for the MTC(s) attempted unsuccessfully, the DWC form requesting to be filed (i.e., DWC-13), and an explanation of the reasons electronic submission failed. If the Division approves the claim administrator’s request to send a DWC form in lieu of the electronic form equivalent, all subsequent filings due for the claim shall be sent via EDI; the claim administrator shall not file additional DWC forms for the claim unless the claim administrator has received advance approval from the Division.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.301 Electronic First Report of Injury or Illness.

On or before the compliance date established in the insurer’s Primary Implementation Schedule set forth in paragraph 69L-56.300(3)(a), F.A.C., the insurer shall file the electronic form equivalent for claims information otherwise reported on Form DFS-F2-DWC-1 adopted in Rules 69L-3.0045 and 69L-3.025, F.A.C. Pursuant to Section 440.593(1) F.S., the Division may establish different deadlines for filing required reports electronically than are otherwise required when reporting information by other means. Accordingly, notwithstanding the deadlines for filing the injury report by other means as set forth in Section 440.185(2), FS., the insurer or its claim administrator shall send to the Division the electronic form equivalent of the First Report of Injury or Illness for the following cases, and by the following filing time periods:

(1) Initial Payment for “Lost Time Case” or “Medical Only to Lost Time Case” (FROI MTC 00 with SROI MTC IP, EP, CD, VE, or PY as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition):

(a) Where the initial payment of indemnity benefits, excluding Temporary Partial benefits, Impairment Income benefits, and Lump Sum Payment/Settlement, is made by the claim administrator, or where the employer is paying salary in lieu of compensation, or for a compensable death with no known dependents, or a compensable volunteer:

1. If disability is immediate and continuous for 8 or more calendar days after the workers’ compensation injury, an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 21 days after the claim administrator’s knowledge of the injury. The claim administrator shall report Claim Type “I” (Lost Time/Indemnity).

2. If the first 7 days of disability are nonconsecutive or delayed, an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 13 days after the claim administrator’s knowledge of the employee’s 8th day of disability. The claim administrator shall report the “Initial Date of Lost Time” (i.e., the employee’s 8th day of disability) and the “Date Claim Administrator Had Knowledge of Lost Time”. The claim administrator shall also report Claim Type “L” (Became Lost Time/Indemnity).

3. The Electronic First Report of Injury or Illness shall be represented by sending the FROI and SROI records as follows:

a. Initial Payment by Claim Administrator: FROI MTC 00 (Original) with SROI MTC IP (Initial Payment);

b. Employer Paid Salary in Lieu of Compensation: FROI MTC 00 (Original) with SROI MTC EP (Employer Paid);

c. Compensable Death, No Dependents/Payees: FROI MTC 00 (Original) with SROI MTC CD (Compensable Death);

d. Compensable Volunteer: FROI with MTC 00 (Original) with SROI MTC VE (Volunteer);

(b) Where the initial payment of indemnity benefits is for Temporary Partial benefits, Impairment Income benefits, or results from a Lump Sum Payment/Settlement, an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 14 days after the date the initial payment of benefits was mailed to the employee or to the employee’s legal representative.

1. The Electronic First Report of Injury or Illness shall be represented by sending the FROI and SROI records as follows:

a. Initial Payment of Temporary Partial Benefits (TP): FROI MTC 00 (Original) with SROI MTC IP (Initial Payment) and Benefit Type Code “070” (Temporary Partial);

b. Initial Payment of Impairment Income Benefits (IB): FROI MTC 00 (Original) with SROI MTC IP (Initial Payment) and Benefit Type Code “030” (Permanent Partial Scheduled);

c. Initial Payment of Lump Sum Payment/Settlement: FROI MTC 00 (Original) with SROI MTC PY (Payment Report) and Benefit Type Code that applies to the specific benefit(s) covered by the lump sum payment/settlement.

(2) “Denied Case”:

(FROI MTC 04, or SROI MTC PD with applicable FROI MTC as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition).

(a) Full/Total Denial – If, by the 14th day after the claim administrator’s knowledge of the injury, the employee sustains disability as defined in Section 440.02, F.S., and the claim administrator’s initial disposition is to deny the case in its entirety (i.e., both medical and indemnity benefits are denied), an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 21 days after the claim administrator’s knowledge of the injury. The claim administrator shall report Claim Type Code “L” (to represent the full denial of a “Medical Only to Lost Time Case”) or Claim Type Code “I” (to represent the full denial of a “Lost Time/Indemnity Case”).

1. The Electronic First Report of Injury or Illness reporting a “Full/Total Denial” shall be represented by sending FROI MTC 04 (Denial).

2. The electronic form equivalent of Form DFS-F2-DWC-12 adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., required in Rule 69L-56.3012, F.A.C., to be filed with the Division to explain the reason(s) for the denial, shall be accomplished by reporting the applicable Full Denial Reason Code(s), Full Denial Effective Date, and Denial Reason Narrative on the same FROI MTC 04 (Denial).

(b) Medical Only Case that becomes a Total Denial – If the claim administrator is making the decision to deny the case in its entirety (i.e., both medical and indemnity benefits are denied) after the claim administrator’s initial disposition to accept compensability of a “Medical Only Case,” an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 14 days after the claim administrator’s decision to deny the entire claim. The claim administrator shall report Claim Type Code “M” (to represent a “Medical Only Case” that is being totally denied).

1. The Electronic First Report of Injury or Illness to report the denial of both indemnity and medical benefits on a case initially determined to be a Medical Only case, shall be represented by sending a FROI MTC 04 (Total Denial).

2. The electronic form equivalent of Form DFS-F2-DWC-12 adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., required in Rule 69L-56.3012, F.A.C., to be filed with the Division to explain the reason(s) for the denial, shall be accomplished by reporting the applicable Full Denial Reason Code(s), Full Denial Reason Effective Date, and Denial Reason Narrative on the same FROI MTC 04 (Denial).

(c) Partial (Indemnity Only) Denial or Medical Only Case that becomes a Partial Denial – If the claim administrator’s initial disposition of a claim is the acceptance of compensability but denial of indemnity benefits only, an Electronic First Report of Injury or Illness will be considered timely filed with the Division when it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 14 days after the claim administrator’s decision to deny indemnity benefits.

1. The Electronic First Report of Injury or Illness reporting a Partial (Indemnity Only) Denial shall be represented by sending FROI MTC 00 (Original) with SROI MTC PD (Partial Denial).

2. The electronic form equivalent of the DFS-F2-DWC-12 adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., required in Rule 69L-56.3012, F.A.C., to be filed with the Division to explain the reason(s) for the denial, shall be accomplished by reporting the applicable Partial Denial Code (“A” or “E”) and Denial Reason Narrative on the same SROI MTC PD (Partial Denial).

(3) If the claim administrator receives notification of an injury from the employer via telephone or electronic data interchange where no Form DFS-F2-DWC-1, First Report of Injury or Illness adopted in Rules 69L-3.0045 and 69L-3.025, F.A.C., has been completed and provided to the employee and employer, the claims administrator shall produce and send to the employee and employer within three (3) business days of the claims administrator’s knowledge of the injury, either Form DFS-F2-DWC-1 or Form IA-1 adopted in Rules 69L-3.0045 and 69L-3.025, F.A.C. The claim administrator shall not send Form IA-1 to the Division to report the First Report of Injury or Illness.

(4) Any insurer failing to timely file the Electronic First Report of Injury or Illness required under this section is subject to administrative penalties assessable by the Division according to the provisions of Rule 69L-24.0231, F.A.C., and as allowed for in Section 440.185(9), F.S. If the initial payment is not timely issued in accordance with the time period prescribed in Section 440.20, F.S., or the Electronic First Report of Injury or Illness is not timely filed with the Division in accordance with this section, the claim administrator shall report the appropriate Late Reason Code(s) when sending the Electronic First Report of Injury or Illness. If the initial payment and Electronic First Report of Injury or Illness were originally reported to another jurisdiction and the claim was subsequently transferred to Florida, the claim administrator shall include Late Reason Code “L4” (late notification, jurisdiction transfer) on the Electronic First Report of Injury or Illness that is being re-filed in Florida.

(5) An Electronic First Report of Injury or Illness for a “Medical Only Case” shall not be sent to the Division unless the claim administrator has received a written or electronic request from the Division, or if the claim began as a Medical Only Case and is being reported to the Division as a Full or Partial Denial of indemnity benefits.

(6) When both FROI and SROI transactions are sent to report the Electronic First Report of Injury or Illness, the claim administrator shall ensure the values sent on the FROI and SROI records for data elements identified in the “FROI to SROI” column of the Match Data Table contained in the FL Claims EDI R3 Edit Matrix are the same value.

(7) An Electronic First Report of Injury or Illness filed in accordance with Rule 69L-56.301, F.A.C., or a paper First Report of Injury or Illness must have been received and accepted by the Division before any subsequent electronic filings will be accepted.

(8) Only 2002 NAICS Codes shall be reported for the Industry Code and must be sent as a minimum of 5 digits. If the insured is a Professional Employment Organization (PEO), the Industry/NAICS Code should represent the nature of the client’s/employer’s business.

(9) If the employee does not have or wish to provide a Social Security Number, the claim administrator shall contact the Division by following the instructions provided on the Division’s website: http://www.myfloridacfo.com/WC/organization/ odqc.html (under Records Management – Division-Assigned Numbers) and obtain a Division-assigned number. Upon receipt of the employee’s Social Security Number, the claim administrator shall file MTC 02 (Change) and provide the employee and employer with Form DFS-F2-DWC-4, pursuant to Rule 69L-3.025, F.A.C.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.3012 Electronic Notice of Denial and Rescinded Denial.

(FROI/SROI MTC 04, SROI MTC PD as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition)

On or before the compliance date established in the insurer’s Primary Implementation Schedule set forth in paragraph 69L-56.301(3)(a), F.A.C., the insurer shall file the electronic form equivalent for the denial information otherwise reported on Form DFS-F2-DWC-12, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C. The claim administrator shall send to the Division an Electronic Notice of Denial to report the reason for the denial of indemnity benefits for the following types of denial notices, and by the following time periods:

(1) Electronic Notice of Denial – Full (Both Indemnity and Medical Benefits Denied):

(a) If the entire compensability of the claim is initially denied and both indemnity and medical benefits will not be paid by the claim administrator, the claim administrator shall file the Electronic Notice of Denial by reporting the applicable Full Denial Reason Code(s) and Full Denial Effective Date on the same FROI MTC 04 (Denial) the claim administrator sends to the Division to report the Electronic First Report of Injury or Illness, in accordance with filing time periods in subsection 69L-56.301(2), F.A.C. The Denial Reason Narrative shall also be sent on the FROI MTC 04 (Denial) to supplement the Full Denial Reason Code(s).

(b) If the claim administrator initially accepts compensability but subsequently denies liability for the entire claim after having previously paid indemnity benefits and the Electronic First Report of Injury or Illness has already been filed with the Division, the claim administrator shall file the Electronic Notice of Denial by sending a SROI MTC 04 (Denial). The Electronic Notice of Denial will be considered timely filed with the Division if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 14 days after the date the claim administrator decided to deny benefits. The claim administrator shall report the applicable Full Denial Reason Code(s) and Full Denial Effective Date on the SROI MTC 04 (Denial). The Denial Reason Narrative shall also be sent on the SROI MTC 04 (Denial) to supplement the Denial Reason Code(s).

(c) In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall produce and mail a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

(2) Electronic Notice of Denial – Partial (Indemnity Only Benefits Denied):

(a) If all indemnity benefits are initially denied but some or all medical benefits will be provided, the claim administrator shall file the Electronic Notice of Denial by reporting Partial Denial Code “A” (Denying Indemnity in whole, but not Medical) or partial Denial Code “E” (Denying Indemnity in whole and Medical in part) on the same SROI MTC PD (Partial Denial) the claim administrator sends with FROI MTC 00 (Original) to report the Electronic First Report of Injury or Illness in accordance with the filing time periods in subsection 69L-56.301(2), F.A.C. The claim administrator shall also report the “Denial Reason Narrative” on the SROI MTC PD to explain the reason for the denial of indemnity benefits.

(b) If payment of a specific indemnity benefit(s) is denied in whole or part subsequent to the claim administrator’s initial disposition of the claim and the Electronic First Report of Injury or Illness has already been filed with the Division, the claim administrator shall file the Electronic Notice of Denial by sending a SROI MTC PD (Partial Denial). The Electronic Notice of Denial will be considered timely filed with the Division if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 14 days after the date the claim administrator decided to deny benefits. The claim administrator shall report the applicable Partial Denial Code as follows: “A” (Denying Indemnity in Whole, but not Medical); “B” (Denying Indemnity in part, but not Medical); “E” (Denying Indemnity in whole and Medical in part); or “G” (Denying both Indemnity and Medical in part). The claim administrator shall also report the “Denial Reason Narrative” on the SROI MTC PD to explain the reason for the denial of indemnity benefits.

(c) In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall produce and mail a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025,F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

(3) Electronic Notice of Denial - Medical Only Case that becomes a Total or Partial (Indemnity Only) Denial:

(a) If a case is initially determined to be a compensable Medical Only Case and the claim administrator subsequent to its initial disposition denies both medical and indemnity benefits, i.e., Full/Total Denial, the claim administrator shall file an Electronic Notice of Denial with the Division by reporting the applicable Full Denial Reason Code(s), Full Denial Effective Date, and Denial Reason Narrative on the same FROI MTC 04 (Total Denial) the claim administrator sends to report the Electronic First Report of Injury or Illness, in accordance with the filing time period in subsection 69L-56.301(2), F.A.C.

(b) If a case is initially determined to be a compensable Medical Only Case and the claim administrator subsequent to its initial disposition denies indemnity benefits in whole but some or all medical benefits will be provided, i.e., Partial (Indemnity Only) Denial, the claim administrator shall file an Electronic Notice of Denial with the Division by reporting the applicable Partial Denial Reason Code(s) and Denial Reason Narrative on the same SROI MTC PD (Partial Denial) the claim administrator sends with the FROI MTC 00 (Original) to report the Electronic First Report of Injury or Illness, in accordance with the filing time periods in subsection 69L-56.301(2), F.A.C.

(c) In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall produce and mail a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

(4) If the claim administrator is invoking the “120 day rule” allowed in Section 440.192(8), F.S., when initiating payment without prejudice to its right to subsequently deny benefits, it may send the Agreement to Compensate Code “W” (Without Liability) on the same SROI MTC IP (Initial Payment) being sent to report the Electronic First Report of Injury or Illness.

(5) The claim administrator shall not file an Electronic Notice of Denial with the Division if it is denying payment of a medical benefit only. However, the claim administrator shall provide Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employee, employer, and the party(s) requesting payment or authorization of a medical benefit.

(6) Electronic Notice of Rescinded Denial-

(a) Rescission of a Full Denial. If the claim administrator denied the claim in its entirety, either initially by sending an Electronic First Report of Injury or Illness FROI MTC 04 (Denial) or subsequent to its initial disposition by sending an Electronic Notice of Denial SROI MTC 04 (Denial), or if the claim administrator acquired a denied claim for which a First Report of Injury or Illness is already on file with the Division but subsequently accepts compensability of the claim, the claim administrator shall file an Electronic Notice of Rescinded Denial with the Division to report the change in disposition of the claim. The Electronic Notice of Rescinded Denial will be considered timely filed if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before the 14 days after the date the denial was rescinded. The claim administrator shall also notify the employee and employer about the decision to rescind the full denial by sending to the employee and employer, Form DFS-F2-DWC-12, Notice of Denial, pursuant to Rules 69L-3.012 and 69L-3.025, F.A.C., or an explanatory letter. The Electronic Notice of Rescinded Denial shall be represented by sending a SROI MTC as follows:

1. The Electronic Notice of Rescinded Denial reporting payment of indemnity benefits shall be represented by sending SROI MTC IP (Initial Payment); SROI MTC AP (Acquired/Payment) for an acquired claim; SROI MTC PY (Payment Report) reporting a lump sum payment or settlement of indemnity benefits; SROI MTC RB (Reinstatement of Benefits) to report reinstatement of indemnity benefits that were paid by the claim administrator prior to the denial. The claim administrator shall report the “Denial Rescission Date”, the date payment of indemnity benefits was mailed, and the type of indemnity benefits paid on the SROI MTC IP, AP, PY, or RB.

2. The Electronic Notice of Rescinded Denial reporting acceptance of a compensable death case where there are no known dependants shall be represented by sending SROI MTC CD (Compensable Death, No Dependents/Payees). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC CD.

3. The Electronic Notice of Rescinded Denial reporting acceptance of a compensable volunteer shall be represented by sending SROI MTC VE (Volunteer). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC VE.

4. The Electronic Notice of Rescinded Denial reporting reinstatement of indemnity benefits by the employer following a denial of indemnity benefits previously paid by the employer shall be represented by sending SROI MTC ER (Employer Reinstatement). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC ER.

5. The Electronic Notice of Rescinded Denial reporting acceptance of compensability where indemnity or medical benefits will be denied in whole or in part, shall be represented by sending SROI MTC PD (Partial (Indemnity Only) Denial). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC PD.

(b) Rescission of a Partial (Indemnity Only) Denial. If the claim administrator initially denied payment of indemnity benefits only and filed an Electronic First Report of Injury or Illness FROI 00 (Original) and SROI MTC PD (Partial Denial) with the Division, or the claim administrator acquired a Partial Denial claim for which a First Report of Injury or Illness is already on file with the Division and the claim administrator subsequently pays indemnity benefits, the claim administrator shall file an Electronic Notice of Rescinded Denial with the Division to report a change in disposition of the claim. The Electronic Notice of Rescinded Denial will be considered timely filed if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before the 14 days after the date the denial was rescinded. The claim administrator shall also notify the employee and employer about the decision to rescind the Partial (Indemnity Only) Denial by sending to the employee and employer, Form DFS-F2-DWC-12, Notice of Denial, pursuant to Rules 69L-3.012 and 69L-3.025, F.A.C., or explanatory letter. The Electronic Notice of Rescinded Denial shall be represented by sending a SROI MTC as follows:

1. The Electronic Notice of Rescinded Denial reporting payment of indemnity benefits shall be represented by sending SROI MTC IP (Initial Payment), or SROI MTC AP (Acquired/Payment) for an acquired claim. The Electronic Notice of Rescinded Denial reporting a lump sum payment or settlement of indemnity benefits shall be represented by sending SROI MTC PY (Payment Report). The claim administrator shall include the “Denial Rescission Date,” the date the initial payment of indemnity benefits was mailed, and the type of indemnity benefits paid on the SROI MTC IP, AP, or PY.

2. The Electronic Notice of Rescinded Denial reporting acceptance of a compensable death case where there are no known dependants shall be represented by sending SROI MTC CD (Compensable Death, No Dependents/Payees). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC CD

3. The Electronic Notice of Rescinded Denial reporting acceptance of a compensable volunteer shall be represented by sending SROI MTC VE (Volunteer). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC VE.

4. The Electronic Notice of Rescinded Denial reporting reinstatement of indemnity benefits by the employer following a denial of indemnity benefits previously paid by the employer, shall be represented by sending SROI MTC ER (Employer Reinstatement). The claim administrator shall report the “Denial Rescission Date” on the SROI MTC ER.

(c) Rescission of Partial (Indemnity Only) Denial After Payment. If the claim administrator initially paid indemnity benefits and subsequently denied payment of indemnity benefits only and filed an Electronic Notice of Denial SROI MTC PD (Partial Denial) with the Division and elects to pay indemnity benefits again, or if the claim administrator acquired a claim for which indemnity benefits were previously paid and subsequently denied and the acquiring claim administrator subsequently pays indemnity benefits, the claim administrator shall file an Electronic Notice of Rescinded Denial with the Division to report a change in disposition of the claim. The Electronic Notice of Rescinded Denial will be considered timely filed if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before the 14 days after the date the denial was rescinded. The claim administrator shall also notify the employee and employer about the decision to rescind the partial denial by sending to the employee and employer, Form DFS-F2-DWC-12, Notice of Denial, pursuant to Rules 69L-3.012 and 69L-3.025, F.A.C., or explanatory letter. The Electronic Notice of Rescinded Denial reporting reinstatement of indemnity benefits following a denial of indemnity benefits shall be represented by sending SROI MTC RB (Reinstatement of Benefits). The Electronic Notice of Rescinded Denial shall report the “Denial Rescission Date” and the type of indemnity benefits paid, on the SROI MTC RB.

(7) Any insurer failing to timely send the Electronic Notice of Denial in accordance with the filing time periods prescribed in this subsection shall be subject to administrative penalties assessable by the Division in accordance with the provisions of Rule 69L-24.021, F.A.C., and Section 440.525(4), F.S.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.3013 Electronic Periodic Claim Cost Reports.

(SROI MTC SA, FN as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition).

On or before the compliance date established in the insurer’s Primary Implementation Schedule set forth in paragraph 69L-56.300(3)(a), F.A.C., the insurer shall file the electronic form equivalent for claim cost information otherwise reported on Form DFS-F2-DWC-13 adopted in Rules 69L-3.016 and 69L-3.025, F.A.C. If payment has been made for any of the Benefit Type (BT) Codes or Other Benefit Type (OBT) Codes listed in subsections (1) and (2) of this section, the claim administrator shall report on the Electronic Claim Cost Report, the cumulative amount paid (i.e., Benefit Type Amount Paid, Other Benefit Type Amount) in dollars and cents for each applicable BT Code, with the exception of BT Codes reporting employer payment, and OBT Code. The claim administrator shall also report the amount of weeks (i.e., Benefit Type Claim Weeks) and/or days (i.e., Benefit Type Claim Days), the effective date of each indemnity benefit (i.e., Benefit Period Start Date), and the date through which indemnity benefits were paid at the time of reporting (i.e., Benefit Period Through Date), unless otherwise indicated below. For purposes of the Electronic Claim Cost Report, the Benefit Period Start Date shall be reported as the earliest date benefits were paid for a Benefit Type Code, regardless of whether multiple disability periods were paid for the Benefit Type Code.

(1) BENEFIT TYPE (BT) CODES:

(a) BT Code 010: Fatal/Death

(b) BT Code 020: Permanent Total (PT)

(c) BT Code 021: Permanent Total Supplemental (PT Supp)

(d) BT Code 030: Permanent Partial Scheduled/Impairment Income Benefits (IB) (Dates of Injury on or after 1/1/94).

The claim administrator shall not report BT Code 030 (IB) or BT Code 530 (Lump Sum Payment/Settlement of IB) if one or more of the following BT Codes have been paid: BT Code 020 (PT), 021 (PT Supp), 520 (Lump Sum Payment/Settlement of PT), or 521 (Lump Sum Payment/Settlement of PT Supp).

(e) BT Code 030: Permanent Partial Scheduled/Wage Loss Benefits (Dates of Injury prior to 1/1/94).

1. Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(f) BT Code 040: Permanent Partial Unscheduled/Supplemental Income Benefits (SB) (Dates of Injury 1/194 through 9/30/2003).

1. BT Code 040 (SB) or 540 (Lump Sum Payment/Settlement of SB) shall not be sent as the earliest/only indemnity benefit paid.

(g) BT Code 050: Temporary Total (TT)

(h) BT Code 051: Temporary Total Catastrophic (TT @ 80%).

(i) BT Code 070: Temporary Partial (TP)

For Dates of Injury prior to 1/1/94, Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(j) BT Code 090: Permanent Partial Disfigurement/Permanent Impairment Benefits (PI) (Dates of Injury 8/1/79 through 12/31/1993).

1. The claim administrator shall not report BT Code 090 (PI) or BT Code 590 (Lump Sum Payment/Settlement of PI) if one or more of the following BT Codes have been paid: BT Code 020 (PT), 021 (PT Supp), 520 (Lump Sum Payment/Settlement of PT), or 521 (Lump Sum Payment/Settlement of PT Supp).

2. Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(k) BT Code 240: Employer Paid Unspecified/Salary in Lieu of Compensation

1. The claim administrator may alternatively report BT Code 242: Employer Paid Vocational Rehab Maintenance/specifically for Salary in Lieu of Comp for TT – Training and Education; BT Code 250: Employer Paid Temporary Total/specifically for Salary in Lieu of Comp for TT; BT Code 251: Employer Paid Temporary Total Catastrophic/specifically for Salary in Lieu of Comp for TT @ 80%; and/or BT Code 270: Employer Paid Temporary Partial/specifically for Salary in lieu of Comp for TP Payable; however, if the claim administrator’s knowledge of the injury is on or after its production implementation date for reporting the Electronic Claim Cost Report, BT Codes 242, 250, 251, and 270 shall not be reported with BT Code 240.

2. Benefit Type Amount Paid is not required to be reported for BT Codes 240, 242, 250, 251, and 270.

(l) BT Code 410: Vocational Rehab Maintenance/TT Training and Education.

(m) BT Code 500: Unspecified Lump Sum Payment/Settlement of indemnity benefits Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(n) BT Code 501: Medical Lump Sum Payment/Settlement. The claim administrator is not required to report BT Code 501: Medical Lump Sum Payment/Settlement, unless it is accompanied or preceded by BT Code 500 Unspecified Lump Sum Payment/Settlement.

1. If BT Code 501 is the only payment reported, the Electronic Claim Cost Report will be rejected.

2. Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(o) BT Codes 5xx: Lump Sum Payment/Settlement of a specific BT Code in paragraphs (1)(a) through (l) of this subsection.

Benefit Type Claim Weeks, Benefit Type Claim Days, Benefit Period Start Date and Benefit Period Through Date are not required to be reported.

(2) OTHER BENEFIT TYPE (OBT) CODES:

(a) OBT Code 300: Funeral Expenses

(b) OBT Code 310: Total Penalties

The claim administrator shall not report OBT Code 310 for cases where the Date Claim Administrator Had Knowledge of the Injury is prior to the claim administrator’s production implementation date for Electronic Claim Cost Reports (MTC’s SA and FN).

(c) OBT Code 311 – Total Employee Penalties

The claim administrator shall file OBT Code 311(versus OBT Code 310) for cases where the Date Claim Administrator Had Knowledge of the Injury is on or after the claim administrator’s production implementation date for Electronic Claim Cost Reports (MTC’s SA and FN).

(d) OBT Code 320 – Total Interest

The claim administrator shall not report OBT Code 310 for cases where the Date Claim Administrator Had Knowledge of the Injury is prior to the claim administrator’s production implementation date for Electronic Claim Cost Reports (MTC’s SA and FN).

(e) OBT Code 321 – Total Employee Interest

The claim administrator shall file OBT Code 321(versus OBT Code 320) for cases where the Date Claim Administrator Had Knowledge of the Injury is on or after the Claim Administrator’s production implementation date for Electronic Claim Cost Reports (MTC’s SA and FN).

(f) OBT Code 370: Total Other Medical

OBT Code 370 includes medical expenses (e.g., expenses to build a ramp for a wheelchair-bound employee) not otherwise required to be reported to the Division pursuant to Rule 69L-7.602, F.A.C., (i.e., physician, dental, hospital, pharmacy or durable medical expenses).

(g) OBT Code 380: Total Vocational Rehabilitation Evaluation

(h) OBT Code 390: Total Vocational Rehabilitation Education

(i) OBT Code 400: Total Other Vocational Rehabilitation

(j) OBT Code 430: Total Unallocated Prior Indemnity Benefits

(k) OBT Code 475: Total Medical Travel Expenses

(3) The claim administrator shall send Electronic Periodic Claim Cost Reports to the Division for the following cases and by the filing time periods in subsection (3) of this section:

(a) “Lost Time/Indemnity Case”;

(b) “Medical Only to Lost Time Case;

(c) “Denied Case” for which any indemnity benefit was paid prior to or after the denial.

(4)(a) Electronic Sub-Annual Claim Cost Report: The claim administrator shall report the Electronic Sub-Annual Claim Cost Report by sending SROI MTC SA (Sub-Annual) every 6 months after the date of injury until the claim is closed. The first Electronic Sub-Annual Claim Cost Report will be considered timely filed with the Division if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) within 30 days after six (6) months from the date of injury. All subsequent Electronic Sub-Annual Claim Cost Reports shall be sent to the Division every six (6) months thereafter. A subsequent Electronic Sub-Annual Claim Cost Report will be considered timely filed with the Division if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) within 30 days of the due date as determined by the following: A subsequent MTC SA due date will be determined by adding six month intervals to the month of injury (e.g. Date of Injury (DOI) = 3/15/06, MTC SA due 9/15/06, next MTC SA due 3/15/07). If the resulting MTC SA due date is not a valid calendar date, the due date for that MTC SA will default to last day of the calculated month (e.g. DOI = 8/30/06, MTC SA due 2/28/07, next MTC SA due 8/30/07).

1. The first Electronic Sub-Annual Claim Cost Report shall not be sent to the Division earlier than six months after the date of injury. However, if the claim administrator closed the case prior to 6 months after the date of injury, the first Electronic Claim Cost Report may be sent prior to six (6) months after the date of injury if it is sent as an Electronic Final Claim Cost Report (MTC FN). If the claim did not become a “Lost Time/Indemnity Case” until more than six (6) months after the date of injury, the first Electronic Sub-Annual Claim Cost Report shall be filed when the next “6 month” SROI MTC SA becomes due (e.g., disability began 9 months after the DOI, 1st MTC SA due 12 months after DOI; disability began 13 months after DOI, 1st MTC SA due 18 months after DOI).

2. Subsequent Electronic Sub-Annual Claim Cost Reports sent more than 7 days prior to the required six (6) month filing interval will be processed as an amendment to the previous Electronic Sub-Annual Claim Cost Report and will not fulfill the filing requirement for the next required Electronic Sub-Annual Claim Cost Report.

(b) Electronic Final Claim Cost Report: The claim administrator shall report the Electronic Final Claim Cost Report by sending SROI MTC FN (Final) for all cases closed since the last required filing of a periodic report. The Electronic Final Claim Cost Report will be considered timely filed with the Division if it is received by the Division and is assigned an Application Acknowledgement Code of “TA” (Transaction Accepted) on or before 30 days after the due date of the sub-annual.

1. The Electronic Final Claim Cost Report may be sent prior to the due date of the sub-annual if the claim administrator closes the case and will not be paying any further medical or indemnity benefits.

2. If the claim administrator issues payment or changes the amount paid for any Benefit Type Code or Other Benefit Code identified in subsections 69L-56.3013(1) and (2), F.A.C., since the filing of the previous Final Claim Cost Report, the claim administrator shall send an Electronic Final Claim Cost Report on or before 30 days after the due date of the sub-annual to summarize benefits paid since the last Final Claim Cost Report filed with the Division.

3. If the claim administrator is re-opening the claim to pay on-going indemnity benefits, the Electronic Periodic Claim Cost Report should be sent as an Electronic Sub-Annual (SA) Claim Cost Report on or before 30 days after the due date of the Sub-Annual.

4. The claim administrator shall file another Electronic Final (FN) Claim Cost Report if it has paid additional amounts for one or more of the following Other Benefit Type Codes: OBT Code 370 (Total Other Medical), OBT Code 380 (Total Vocational Rehabilitation Evaluation), OBT Code 390 (Total Vocational Rehabilitation Education), OBT Code 400 (Total Other Vocational Rehabilitation), or OBT Code 475 (Total Medical Travel Expenses).

(5) Any insurer failing to timely send an Electronic Periodic Claim Cost Report in accordance with the filing time periods prescribed in this subsection shall be subject to administrative penalties assessable by the Division in accordance with the provisions of Rule 69L-24.021, F.A.C. and Section 440.525(4), F.S.

(6) In the event claims are acquired from another claim administrator, the insurer shall ensure that its former claim administrator provides the acquiring claim administrator with the total amounts paid for indemnity benefits paid prior to the acquisition of the claim by the new claim administrator. Notwithstanding the provision of specific claim costs amounts paid by the former claim administrator(s) for each indemnity benefit type, the acquiring claim administrator shall report on the next required Electronic Periodic Claim Cost Report, cumulative totals for all indemnity benefits paid by the former claim administrator(s) on a transferred case as follows: Cumulative totals for indemnity costs paid by the former claim administrator(s) shall be reported under Other Benefit Type Code 430 (Total Unallocated Prior Indemnity Benefits). The acquiring claim administrator shall report any specific costs paid by the acquiring claim administrator for each applicable Benefit Type Code (indemnity benefits) and Other Benefit Type Code, in addition to the unallocated indemnity amount paid by the former claim administrator(s).

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.304 Electronic Notice of Action or Change, Including Change in Claims Administration, Required by the Insurer's Primary Implementation Schedule.

(FROI/SROI MTC 02, FROI MTC AQ, AU, SROI IP, PY, EP as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition)

(1) Electronic Notice of Action or Change (MTC 02). On or before the compliance date established in the insurer’s Primary Implementation Schedule set forth in paragraph 69L-56.300(3)(a), F.A.C., the insurer shall file an Electronic Notice of Action or Change for reporting changes to the information specified in paragraphs (1)(a) and (b) of this section. The claim administrator shall file the FROI or SROI MTC 02 (Change) on or before 14 days after the claim administrator has knowledge of the new or changed information. However, MTC 02 shall not be sent if a data element changes as a result of an event that requires the reporting of another MTC in accordance with the definition of Maintenance Type Code (MTC) in the Data Dictionary located in Section 6 of the IAIABC Claims EDI Release 3 Implementation Guide. If there is a change in Insurer FEIN or Claims Administrator FEIN, Claim Administrator Postal Code, and Claim Administrator Claim Number due to the acquisition of a claim, the claim administrator shall file MTC AQ or AU with applicable SROI pursuant to subsection (2) of this section.

(a) The claim administrator shall file a FROI or SROI MTC 02 (Change) as noted below, and provide Form DFS-F2-DWC-4 to the employee and employer pursuant to Rules 69L-3.0091 and 69L-3.025, F.A.C., if any of the following data elements are changed or reported for the first time:

1. Insurer FEIN not due to change in claims administration (FROI or SROI MTC 02);

2. Claim Administrator FEIN not due to change in claims administration (FROI or SROI MTC 02);

3. Claim Administrator Postal Code not due to change in claims administration (FROI or SROI MTC 02);

4. Claim Administrator Claim Number not due to change in claims administration (FROI or SROI MTC 02);

5. Industry Code (FROI MTC 02 only);

6. Manual Classification Code (FROI MTC 02 only);

7. Employee SSN (FROI or SROI MTC 02);

8. Employee ID Assigned by Jurisdiction (FROI or SROI MTC 02);

9. Employee First/Last Name, Last Name Suffix, Middle Name/Initial (FROI or SROI MTC 02);

10. Date of Injury (FROI or SROI MTC 02);

11. Employee Date of Death (FROI or SROI MTC 02).

(b) The claim administrator shall file MTC 02 (Change) to report a change in any other data element designated with the requirement code of “Y”, “Y1”, “Y2”, “Y3”, “Y4” or “FY” in the FROI or SROI MTC 02 column of the FL Claims EDI R3 Element Requirement Table contained in the FL Claims EDI Implementation Manual (e.g., Initial Date Disability Began, Benefit Payment Issue Date, etc.). The provision of Form DFS-F2-DWC-4 to the employee and employer is not required since these data elements are not contained on Form DFS-F2-DWC-4 adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C.

(2) Electronic Notice of Action or Change in Claims Administration (MTC AQ, or MTC AU with applicable SROI MTC). If the responsibility for adjusting a “Lost Time/Indemnity Case”, “Medical Only to Lost Time Case” or “Denied Case” has changed due to acquisition of the claim from another claim administrator or due to the employer transferring a large deductible claim to the claim administrator because the claim met the contracted deductible threshold, the new claim administrator shall send FROI MTC AQ (Acquired Claim), to report the change in claims administration, on or before 21 days after the effective date of the new claim administrator’s acquisition of the claim. In place of filing FROI MTC AQ, the claim administrator may file FROI MTC AU (Acquired/Unallocated) with SROI MTC AP, EP, CD, VE, PY, or PD to report the change in claims administration. The claim administrator shall file FROI MTC AQ (Acquired Claim) or FROI MTC AU with applicable SROI MTC prior to sending any subsequent transactions (e.g., subsequent electronic suspension notices, electronic periodic claim cost reports, etc.).

(a) The acquiring claim administrator shall also provide to the employee and employer, Form DFS-F2-DWC-4 adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C., or an explanatory letter, on or before 21 days from the date of acquisition, to advise the parties about the change in claims administration, except when sending Claims EDI filings identified in subparagraphs 69L-56.304(2)(c)6.-7., below.

(b) A batch of FROI MTC AQ (Acquired Claim) filings or FROI AU with applicable SROI MTC filings to report a change in claims administration for multiple claims shall replace the former option of the claim administrator to otherwise file with the Division Form DFS-F2-DWC-49, Aggregate Claims Administration Change Report adopted in Rules 69L-3.0231 and 69L-3.025, F.A.C., in place of Form DFS-F2-DWC-4, Notice of Action/Change, for each affected claim.

(c) If the FROI MTC AQ (Acquired Claim) rejects because a First Report of Injury or Illness was not previously filed with the Division by the former claim administrator, the acquiring claim administrator shall file FROI MTC AU (Acquired/Unallocated) with the appropriate SROI MTC AP, EP, CD, VE, PY, PD, or 04 on or before 14 days after the FROI MTC AQ (Acquired Claim) was assigned an Application Acknowledgement Code “TR” (Transaction Rejected) as follows:

1. If the claim administrator is reporting its initial payment of indemnity benefits other than a lump sum payment/settlement for an acquired claim, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC “AU” (Acquired/Unallocated) with SROI MTC “AP” (Acquired/Payment).

2. If the claim administrator is reporting its initial payment of indemnity benefits for a lump sum payment or settlement for an acquired claim, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI MTC “PY” (Payment Report).

3. If the claim administrator is reporting the initial payment of indemnity benefits by the employer on an acquired claim (i.e., salary in lieu of compensation), the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI EP (Employer Paid).

4. If the claim administrator is reporting a Compensable Death, No Dependents/Payees on an acquired claim, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI MTC CD (Compensable Death, No Dependents/Payees).

5. If the claim administrator is reporting a compensable Volunteer on an acquired claim, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI MTC VE (Compensable Volunteer).

6. If the claim administrator is reporting a Partial (Indemnity Only) Denial on an acquired claim, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI MTC PD (Partial Denial).

a. The claim administrator shall file an Electronic Notice of Denial with the Division by reporting the applicable Partial Denial Reason Code and Denial Reason Narrative on the same SROI MTC PD (Partial Denial).

b. In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall provide a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

7. If the claim administrator is reporting a Full Denial on an acquired claim where indemnity payments were previously paid prior to the full denial, the Electronic Notice of a Change in Claims Administration shall be represented by sending FROI MTC AU (Acquired/Unallocated) with SROI MTC 04 (Denial).

a. The claim administrator shall file an Electronic Notice of Denial with the Division by reporting the applicable Full Denial Reason Code(s) and Full Denial Effective Date on the SROI MTC 04 (Denial). The Denial Reason Narrative shall also be sent on the SROI MTC 04 (Denial) to supplement the Denial Reason Code(s).

b. In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall provide a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

(d) If MTC AQ (Acquired Claim) rejects because a First Report of Injury or Illness was not previously filed with the Division by the former claim administrator, and the acquiring claim administrator is denying the entire claim where no indemnity payments have been made, the acquiring claim administrator shall file FROI MTC 04 (Denial) on or before 14 days after the FROI MTC AQ (Acquired Claim) was assigned an Application Acknowledgement Code “TR” (Transaction Rejected) as follows:

1. The claim administrator shall file an Electronic Notice of Denial with the Division by reporting the applicable Full Denial Reason Code(s) and Full Denial Effective Date on the FROI MTC 04 (Denial). The Denial Reason Narrative shall also be sent on the FROI MTC 04 (Denial) to supplement the Denial Reason Code(s).

2. In addition to filing the Electronic Notice of Denial with the Division, the claim administrator shall provide a paper copy of Form DFS-F2-DWC-12, Notice of Denial, adopted in Rules 69L-3.012 and 69L-3.025, F.A.C., to the employer and employee, in accordance with the filing time period set out for Form DFS-F2-DWC-12 in Rule 69L-3.012, F.A.C.

(3) Electronic Notice to Report Initial Payment (MTC IP) Following Prior Employer Paid benefits, Compensable Death with no Known Dependants/Payees, or Compensable Volunteer Filing. If the claim administrator makes its initial payment following the prior initial payment of salary in lieu of compensation (SROI MTC EP), or after the prior filing of a SROI MTC CD (Compensable Death), or after the prior filing of a SROI MTC VE (Compensable Volunteer), the claim administrator shall file a SROI MTC IP (Initial Payment) on or before 14 days after the date the claim administrator’s initial payment was mailed to the employee. The claim administrator shall provide Form DFS-F2-DWC-4 adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C., or explanatory letter to the employee and employer regarding the commencement of indemnity benefits by the claim administrator.

(4) Electronic Notice of Lump Sum Payment/Settlement (MTC PY). If an order is signed for a lump sum payment or settlement of indemnity benefits subsequent to the initial payment of indemnity benefits, i.e., an award, advance, stipulated agreement, or final settlement of indemnity benefits, the claim administrator shall file SROI MTC PY (Payment Report), on or before 14 days after the date the award/order was signed. The claim administrator shall report the applicable Lump Sum Payment/Settlement Code as defined in Section 6, Data Dictionary, of the IAIABC Claims EDI R3 Implementation Guide as follows: “SF” (Settlement Full) if both indemnity and medical benefits are settled; “SP” (Settlement Partial) if only indemnity but not medical benefits are settled; “AS” (Agreement Stipulated) if the lump sum payment is for a non-adjudicated amount; “AW” (Award) if the lump sum payment is for an adjudicated amount; or “AD” (Advance) if the lump sum payment is for benefits in advance of when they were due. If all Impairment Income benefits due are paid in one lump sum amount, regardless of the amount, the claim administrator shall file SROI MTC PY with Benefit Type Code 030 or 530, and report Lump Sum Payment/Settlement Code “AD” (Advance). The claim administrator is not required to file an Electronic Notice of Suspension SROI MTC S7 (Suspension, Benefits Exhausted) to report the conclusion of the payment of Impairment Income benefits when Impairment Income benefits are paid in one lump sum.

(a) The claim administrator shall also report the “Payment Issue Date” on the SROI MTC PY. The Payment Issue Date shall represent the date payment for the lump sum payment/settlement leaves the control of the claim administrator for delivery to the employee or the employee’s representative, and shall not be sent as the date the check is requested, created, or issued in the claim administrator’s system unless the check leaves the control of the claim administrator the same day it is requested, created, or issued for delivery to the employee or the employee’s representative.

(b) The claim administrator shall provide Form DFS-F2-DWC-4, Notice of Action/Change, adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C., to the employee and employer.

(5) Electronic Notice to Report Employer Payment of Indemnity Benefits that is not the Initial Payment (MTC EP). If the employer pays an indemnity benefit(s) for the first time following payment of and suspension of all indemnity benefits by the claim administrator (e.g., when the employer elects to pay Impairment Income Benefits), the claim administrator shall file SROI MTC EP (Employer Paid) on or before 14 days after the date the claim administrator had knowledge of the payment of indemnity benefits by the employer. The provision of Form DFS-F2-DWC-4 to the employee and employer is not required.

(6) The filing of a FROI or SROI MTC 02 to report a change in Insurer FEIN, Claim Administrator FEIN, or Claim Administrator Postal Code and Claim Administrator Claim Number due to the establishment of a new or elimination of a claims office location or subsidiary entity within the insurer’s organization does not negate the obligation of the trading partner (insurer or claim administrator) to file a revised “EDI Trading Partner Profile, DFS-F5-DWC-EDI-1 (1/01/2008), and if applicable, a revised “EDI Trading Partner Insurer/Claim Administrator ID List”, DFS-F5-DWC-EDI-2 (10/01/2006), and if applicable, a revised “EDI Trading Partner Claim Administrator Address List”, DFS-F5-DWC-EDI-2A (10/01/2006), pursuant to subsection 69L-56.300(2), F.A.C.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.3045 Electronic Notice of Action or Change, Suspensions, and Reinstatement of Indemnity Benefits Required by Insurer's Secondary Implementation Schedule.

(SROI MTC 02, CA, CB, AB, S1-S8, P7, RB, ER as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer & Acknowledgement Detail Records, Release 3, January 1, 2009 Edition)

(1) Electronic Notice of Action or Change (SROI MTC 02). On or before the compliance date established in the insurer’s Secondary Implementation Schedule set forth in paragraph 69L-56.300(3)(b), F.A.C., the insurer shall file an Electronic Notice of Action or Change for the reporting of changes to the information in paragraphs (1)(a) and (b) of this section. The claim administrator shall file the SROI MTC 02 (Change) on or before 14 days after the claim administrator has knowledge of the new or changed information. However, MTC 02 shall not be sent if a data element changes as a result of an event that requires the reporting of another MTC pursuant to the definition of Maintenance Type Code (MTC) in the Data Dictionary located in Section 6 of the IAIABC Claims EDI Release 3 Implementation Guide.

(a) The claim administrator shall file SROI MTC 02 (Change) and provide Form DFS-F2-DWC-4 unless otherwise noted in subparagraph 1.-10. below, to the employee and employer, pursuant to Rules 69L-3.0091 and 69L-3.025, F.A.C., if any of the following data elements are changed:

1. Date of Maximum Medical Improvement.

2. Permanent Impairment Percentage.

3. Initial Return to Work Date.

4. Current Return to Work Date.

5. Return to Work Type Code.

6. Physical Restrictions Indicator.

7. Permanent Impairment Minimum Payment Indicator – No DFS-F2-DWC-4 required.

8. Return to Work with Same Employer Indicator – No DFS-F2-DWC-4 required.

9. Suspension Effective Date.

10. Suspension Narrative – No DFS-F2-DWC-4 required.

(b) The claim administrator shall file SROI MTC 02 and provide Form DFS-F2-DWC-4 unless otherwise noted in subparagraph 1.-15. below, to the employee and employer, pursuant to Rules 69L-3.0091 and 69L-3.025, F.A.C., if any of the following data elements are changed and there is no resulting change to the Net Weekly Amount because the benefit type being paid will continue to be paid at the same statutory maximum weekly rate, or because the claim administrator is correcting a code, date or amount previously reported in error and the Net Weekly Amount is unchanged:

1. Average Wage.

2. Wage Effective Date.

3. Calculated Weekly Compensation Amount.

4. Gross Weekly Amount – No DFS-F2-DWC-4 required.

5. Gross Weekly Amount Effective Date – No DFS-F2-DWC-4 required.

6. Net Weekly Amount Effective Date – No DFS-F2-DWC-4 required.

7. Benefit Adjustment Code.

8. Benefit Adjustment Start Date.

9. Benefit Adjustment End Date.

10. Benefit Credit Code.

11. Benefit Credit Start Date.

12. Benefit Credit End Date.

13. Benefit Redistribution Code.

14. Benefit Redistribution Amount.

15. Benefit Redistribution Start Date.

16. Benefit Redistribution End Date.

When the claim administrator is commencing or suspending redirection of a portion of the Net Weekly Amount to another party on the behalf of the employee or the employee’s beneficiary due to a court ordered lien for child support, the claim administrator shall report Benefit Redistribution Code “H” that is being applied to a specific indemnity benefit type, and file SROI MTC 02 on or before 14 days after the date the claim administrator has knowledge that a portion of the net weekly amount should be redistributed to another party due to an income deduction order pursuant to Section 61.1301, F.S., or when the redistribution has ended.

(2) Electronic Change in Amount (MTC CA): If the Net Weekly Amount changes from the amount previously reported due to a revised Average Wage (e.g., wage statement, discontinuation of fringe benefits), or due to the application of a Benefit Adjustment Code or Benefit Credit Code specified in paragraph (2)(a) of this section, the claim administrator shall file a SROI MTC CA (Change in Benefit Amount) on or before 14 days after the date the claim administrator has knowledge that the Net Weekly Amount should be amended.

(a) When the claim administrator applies an adjustment or credit which reduces the Net Weekly Amount for a specific indemnity benefit type, the claim administrator shall report the Benefit Adjustment Code or Benefit Credit Code being applied to the specific indemnity benefit type, and file SROI MTC CA (Change in Amount) to report the change as follows:

1. Benefit Adjustment Codes –

a. “A” = Apportionment/Contribution. The weekly payment amount is reduced for shared or partial liability with another party.

b. “B” = Subrogation (Third Party Offset). The weekly payment amount is reduced for recovery from third party tort-feasor pursuant to Section 440.39(2), F.S.

c. “N” = Non-cooperation: Rehabilitation, Training, Education, and Medical. The weekly payment amount is reduced because the employee failed to accept training and education pursuant to Section 440.491(6)(b), F.S., for dates of accident prior to October 1, 2003, or the employee failed to timely cancel an independent medical examination pursuant to Section 440.13(5)(d), F.S.

d. “R” = Social Security Retirement. The weekly payment amount is reduced for retirement benefits paid under the Federal Old Age, Survivors, and Disability Insurance Act, pursuant to Section 440.15(9), F.S.

e. “S” = Social Security Disability. The weekly payment amount is reduced for disability benefits paid under the Federal Old Age, Survivors, and Disability Insurance Act, pursuant to Section 440.15(9), F.S.

f. “U” = Unemployment Compensation. The weekly payment amount is reduced for payment of unemployment compensation insurance benefits, pursuant to Section 440.15(10), F.S.

g. “V” = Safety Violation. The weekly payment amount is reduced for safety violation(s) pursuant to Section 440.09(5), F.S.

h. “X” = Death Benefit Reduction (Dependent Change). The weekly payment amount is reduced because of a change in number or kind of dependents entitled to death benefits pursuant to Section 440.16, F.S.

2. Benefit Credit Codes –

a. “C” = Overpayment. The weekly payment amount is reduced for recoupment of benefits paid but not due.

b. “P” = Advance. The weekly payment amount is reduced for reimbursement of benefit payments advanced pursuant to Section 440.20(13), F.S.

(b) In addition to filing MTC CA with the Division, the claim administrator shall provide Form DFS-F2-DWC-4 to the employee and employer as required by Rules 69L-3.0091 and 69L-3.025, F.A.C.

(c) If the Net Weekly Amount is adjusted due to the application of a Social Security Offset, the claim administrator shall also send to the Division a completed Form DFS-F2-DWC-14, Request for Social Security Disability Benefit Information, adopted in Rules 69L-3.021 and 69L-3.025, F.A.C., at the same time the claim administrator sends the SROI MTC CA to report the change in the Net Weekly Amount.

(d) If the Net Weekly Amount changes due to a change in the type of indemnity benefits that are being paid, the claim administrator shall file MTC CB (Change in Benefits) required by subsection 69L-56.3045(3), F.A.C., to report a change in the Benefit Type Code (BTC) that results in a change in the Net Weekly Amount payable (e.g., when indemnity benefits change from BTC 050 (Temporary Total) to BTC 070 (Temporary Partial) or BTC 030 (Impairment Income) – The claim administrator shall not file MTC CA (Change in Amount) for this occurrence.

(e) MTC CA is not required to report subsequent changes in the Net Weekly Amount payable for BTC 070 (Temporary Partial) for interim or ongoing fluctuations in the weekly rate due to variations in the employee’s weekly earnings, or to report subsequent changes to the Net Weekly Amount payable for BTC 030 (Impairment Income Benefits) due to changes in the employee’s weekly work status.

(f) MTC CA is also not required to be filed if the Net Weekly Amount changes due to subsequent applications of varying weekly adjustment or credit amounts against BTC 070 (Temporary Partial) or BTC 030 (Impairment Income) benefits. MTC CA, however, shall be filed to report a change in the Net Weekly Amount due to the ending of an adjustment or credit against BTC 070 (Temporary Partial) or BTC 030 (Impairment Income) benefits.

(3) Electronic Change in Benefit Type (MTC CB): When an indemnity benefit type being paid changes and payments are being continued under a different indemnity benefit type without a break in continuity of payments, the claim administrator shall file a SROI MTC CB (Change in Benefit Type) on or before 14 days after the date the claim administrator has knowledge that the indemnity benefit type being paid should be changed.

(4)(a) Adding Concurrent Benefit (MTC AB): When Permanent Total Benefits (Benefit Type 020) are being paid, and Permanent Total Supplemental Benefits (Benefit Type Code 021) are initiated subsequent to the prior commencement of Permanent Total Benefits (Benefit Type Code 020), the claim administrator shall file SROI MTC AB (Add Concurrent Benefit Type) on or before 14 days after the date the claim administrator has knowledge that Permanent Total Supplemental Benefits (Benefit Type Code 021) should be commenced.

(b) In addition to filing MTC AB with the Division, the claim administrator shall provide Form DFS-F2-DWC-4 to the employee and employer as required by Rules 69L-3.0091 and 69L-3.025, F.A.C.

(5)(a) Electronic Suspension of all indemnity benefits (MTC S1-S8): When all indemnity benefits are suspended because the employee returned to work, or was medically released to return to work and the claim administrator does not anticipate paying further indemnity benefits of any kind, the claim administrator shall file with the Division SROI MTC S1 (Suspension, RTW, or Medically Determined/Qualified RTW) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits.

(b) When all indemnity benefits are suspended because the employee failed to report for an independent medical examination pursuant to Section 440.13(5)(d), F.S., or failed to report for an evaluation by an expert medical advisor appointed by a Judge of Compensation Claims pursuant to Section 440.13(9)(c), F.S., the claim administrator shall file with the Division SROI MTC S2 (Suspension, Medical Non-compliance) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits.

(c) When all indemnity benefits are suspended because the employee failed to comply with one or more of the following statutory sections and rules, the claim administrator shall file with the Division SROI MTC S3 (Suspension, Administrative Non-compliance) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits:

1. Section 440.15(1)(e)3, F.S. (1994), which is incorporated herein by reference – Employee in Permanent Total status failed to attend vocational evaluation or testing.

2. Section 440.15(1)(f)2b, F.S. (1994), which is incorporated herein by reference – Employee in Permanent Total status failed to report or apply for Social Security benefits.

3. Section 440.15(2)(d), F.S. (1994), which is incorporated herein by reference – Employee in Temporary Total status failed or refused to complete and return the Form DFS-F2-DWC-19 adopted in Rules 69L-3.021 and 69L-3.025, F.A.C.

4. Section 440.15(7), F.S. (1994), which is incorporated herein by reference – Employee in Temporary Partial status failed or refused to complete and return the Form DFS-F2-DWC-19 adopted in Rules 69L-3.021 and 69L-3.025, F.A.C.

5. Section 440.15(6), F.S. (2003), which is incorporated herein by reference – Employee refused suitable employment.

6. Section 440.15(9), F.S. (2003), which is incorporated herein by reference – Employee failed or refused to sign and return the release for Social Security benefits earnings on Form DFS-F2-DWC-14, or unemployment compensation earnings on Form DFS-F2-DWC-30 adopted in Rule 69L-3.025, F.A.C.

7. Section 440.491(6)(b), F.S. (2003), which is incorporated herein by reference – Employee failed or refused to accept vocational training or education.

8. Section 440.15(4)(d), F.S. (2003), which is incorporated herein by reference – Employee in Temporary Partial status failed to notify the claims-handling entity of the establishment of earnings capacity within 5 business days of returning to work.

9. Section 440.15(4)(e), F.S. (2003), which is incorporated herein by reference – Employee in Temporary Partial status terminated from post-injury employment due to the employee’s misconduct.

10. Section 440.105(7), F.S. (2003), which is incorporated herein by reference – Employee refused to sign and return the fraud statement.

(d) When all indemnity benefits are suspended because the employee died and there are no known or confirmed dependents to whom death benefits must be paid, or if the death was not compensable, the claim administrator shall file with the Division SROI MTC S4 (Suspension, Claimant Death) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits.

(e) When all indemnity benefits are suspended because the employee became an inmate of a public institution and there are no known or confirmed dependents to whom indemnity benefits must be paid, the claim administrator shall file with the Division SROI MTC S5 (Suspension, Incarceration) on or before 14 days from the date the claim administrator decided to suspend all indemnity benefits.

(f) When all indemnity benefits are suspended because the claim administrator’s good faith repeated attempts to locate and send indemnity benefits to the employee have been unsuccessful; or the employee has no known address, representative or guardian to whom the claim administrator can send indemnity benefits; or indemnity benefits have been returned to the claim administrator indicating that the employee has moved and the current or forwarding address is unknown, or the employee no longer resides at the last known address, the claim administrator shall file with the Division SROI MTC S6 (Suspension, Claimant’s Whereabouts Unknown) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits.

(g) When all indemnity benefits are suspended because the employee is no longer eligible for or entitled to any indemnity benefits because the limits of or entitlement to indemnity benefits have been exhausted, the claim administrator shall file with the Division SROI MTC S7 (Suspension, Benefits Exhausted) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits.

(h) When all indemnity benefits are suspended because the employee elects to receive workers’ compensation benefits under another state’s law, or the claim administrator determines the claim is compensable under another compensation act, such as the Federal Employers’ Liability Act, the Federal Employees’ Compensation Act, the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, or the Jones Act, the claim administrator shall file with the Division SROI MTC S8 (Suspension, Jurisdiction Change) on or before 14 days after the date the claim administrator decided to suspend all indemnity benefits. Until the claim administrator implements the electronic reporting of suspension information as required in Rules 69L-56.304 and 69L-56.3045, F.A.C., the claim administrator shall file Form DFS-F2-DWC-4, Notice of Action/Change adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C., and report Suspension Reason Code “S8” when there is a change in jurisdiction; however, once the claim administrator is in production status with filing electronic suspension notices, the claim administrator shall report a change in jurisdiction by filing SROI MTC S8 (Suspension, Jurisdiction Change).

(i) In addition to filing MTC SROI S1-S8 with the Division, the claim administrator shall provide Form DFS-F2-DWC-4 to the employee and employer as required by Rules 69L-3.0091 and 69L-3.025, F.A.C.

(j) When Permanent Total Supplemental Benefits (Benefit Type 021) are suspended but Permanent Total Benefits (Benefit Type 020) will continue to be paid, the claim administrator shall file with the Division SROI MTC P7 (Partial Suspension, Benefits Exhausted) on or before 14 days after the date Permanent Total Supplemental Benefits were suspended. In addition to filing MTC P7 with the Division, the claim administrator shall provide Form DFS-F2-DWC-4 to the employee and employer as required by Rules 69L-3.0091 and 69L-3.025, F.A.C.

(6) Electronic Reinstatement of Indemnity Benefits (MTC RB, ER):

(a) When payment of indemnity benefits are resumed by the claim administrator after having been previously suspended, the claim administrator shall file with the Division a SROI MTC RB (Reinstatement of Benefits) on or before 14 days after the date the claim administrator had knowledge of the need to reinstate indemnity benefits. In addition to filing SROI MTC RB with the Division, the claim administrator shall provide Form DFS-F2-DWC-4 to the employee and employer as required by Rules 69L-3.0091 and 69L-3.025, F.A.C.

(b) When the employer reinstates payment of salary in lieu of compensation following a prior suspension of all indemnity benefits paid by the employer, the claim administrator shall file with the Division SROI MTC ER (Employer Reinstatement) on or before 14 days after the date the claim administrator received notification about the reinstatement of salary in lieu of compensation. Form DFS-F2-DWC-4 is not required to be sent to the employee or employer.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.307 Electronic Cancellation of Claim.

(FROI MTC 01 as found in the IAIABC Implementation Guide for Claims: First, Subsequent, Header, Trailer and Acknowledgement Detail Records, Release 3, January 1, 2009 Edition)

(1) The claim administrator shall send FROI MTC 01 (Cancel) immediately upon the claim administrator’s knowledge of the need to cancel if any of the following occur:

(a) An Electronic First Report of Injury or Illness was accepted by the Division and the claim administrator subsequently determined the claim was filed in error because it was actually a Medical Only Case. The FROI MTC 01 shall reflect the Claim Type as “B” (Became Medical Only).

(b) An Electronic First Report of Injury or Illness was accepted by the Division and the claim administrator subsequently determined the claim was filed with inaccurate identifying information and was a duplicate of another accepted claim.

(2) If a claim has been cancelled via FROI MTC 01 (Cancel) after an Electronic First Report of Injury or Illness was previously filed with the Division and the claim administrator determines the claim should not be cancelled after all, the claim administrator shall re-file a subsequent Electronic First Report of Injury or Illness using the applicable MTC(s) specified in this rule for reporting an Electronic First Report of Injury or Illness. The original Electronic First Report of Injury or Illness sent to the Division shall be disregarded and considered not filed with the Division. The due date for filing the subsequent Electronic First Report of Injury or Illness shall correspond to the filing timeframes specified in this rule for the applicable MTC(s) required for an Electronic First Report of Injury. If un-canceling a claim to file a full or partial denial of indemnity benefits, the claim administrator shall provide to the employee and employer, Form DFS-F2-DWC-12 adopted in Rules 69L-3.012 and 69L-3.025, F.A.C.

Rulemaking Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07, Amended 5-17-09.

69L-56.310 Technical Requirements for Claims EDI Transmissions.

(1) Insurers shall send Claims EDI Filings required in Rules 69L-56.301, 69L-56.3012, 69L-56.3013, 69L-56.304, 69L-56.3045, 69L-56.307 and 69L-56.330, F.A.C., to the Division using only the following transmission methods:

(a) Advantis Value Added Network (VAN), or

(b) Secure Socket Layer/File Transfer Protocol (SSL/FTP) in accordance with instructions on Form DFS-F5-DWC-EDI-4 (1/01/2008).

(2) Electronic transmissions of Claims EDI Filings shall be sent to the Division using the First Report of Injury (FROI)/148 flat file transaction set, including the R21 companion record, and the Subsequent Report (SROI)/A49 flat file transaction set, including the R22 companion record, described in Section 2, “Technical Documentation”, of the IAIABC Claims EDI Release 3 Implementation Guide. The claim administrator shall not send transmissions containing files in the ANSI 148 format to the Division.

(3)(a) Each FROI transmission shall contain at least one batch in the FROI format, a sample of which is located in Section 2, Technical Documentation, in the IAIABC Claims EDI Release 3 Implementation Guide. Each SROI transmission shall contain at least one batch in the SROI format located in Section 2, Technical Documentation, Record Layouts, in the IAIABC Claims EDI Release 3 Implementation Guide.

(b) Each batch shall contain only one of the following transaction types:

1. First Report of Injury (FROI/148 transaction with R21 companion record), or

2. Subsequent Report of Injury (SROI/A49 transaction with R22 companion record).

(c) A batch shall contain the following as set forth in Section 2, Technical Documentation, in the IAIABC Claims EDI Release 3 Implementation Guide:

1. Header Record,

2. One or more transactions – FROI 148 with R21, or SROI A49 with R22,

3. Trailer Record.

(d) Header records shall include the following information:

1. Receiver FEIN for the State of Florida: 596001874,

2. Receiver Postal Code for the State of Florida: 323994226,

3. Sender Identifier. The Sender Identifier (Sender ID) shall consist of the claim administrator’s FEIN and Postal Code as reported on Form DFS-F5-DWC-EDI-3 (10/01/2006), EDI Transmission Profile – Sender’s Specifications.

(4) To report the electronic equivalent of the First Report of Injury or Illness (Form DFS-F2-DWC-1 adopted in Rules 69L-3.0045 and 69L-3.025, F.A.C.), where total compensability of the claim has not been denied, the claim administrator shall send to the Division both the FROI and SROI within the processing times set out in subsection (5) of this section. If either the FROI or SROI contains an error that results in the rejection of one of the transactions, both the FROI and SROI shall be rejected and the claim administrator shall re-send both the corrected FROI and SROI to the Division within the processing times set out in subsection (5) of this rule section, in order for the two transactions to be processed together. The Division will only pair for processing purposes, FROI’s and SROI’s that are received by the Division on the same day, as set out in subsection (5) of this rule section.

(5) Transmissions received on or before 9:00 p.m., Eastern Standard Time, shall be processed by the Division the same day the transmission was sent to the Division and acknowledged by the Division the next day. Transmissions received after 9:00 p.m. through 11:59 p.m., Eastern Standard Time, shall be processed by the Division the following day and acknowledged by the Division the next day after the transmission is processed.

(6) During the test phases, the “Test-Production Code” in the Header record shall be set to “T”. After the claim administrator has been approved by the Division to send transmissions in production status, the “Test-Production Code” shall be set to “P”.

(7) The claim administrator shall have the capability to receive and process the Division’s Claims EDI AKC Acknowledgement transaction described in Section 2, Technical Documentation, of the IAIABC Claims EDI Release 3 Implementation Guide. The claim administrator shall update its database with the Jurisdiction Claim Number (JCN) provided by the Division on the EDI AKC Acknowledgement transaction for each successfully filed transaction.

(8) Formats and meaning of data elements reported via EDI to the Division pursuant to this rule shall match format specifications and data element definitions established in Sections 2, 4 and 6 of the IAIABC Claims EDI Release 3 Implementation Guide, unless otherwise defined in Rule 69L-56.002, F.A.C.

(9) The claim administrator’s business and technical contacts shall have e-mail system capabilities that support Word, Excel, or PDF attachments from the Division of at least 2 Megabytes.

(10) The claim administrator or other third party vendor shall utilize anti-virus software to screen out and clean any viruses on all electronic transmissions prior to sending transmissions to the Division. The claim administrator or other third party vendor shall maintain anti-virus software with the most recent anti-virus update files from the software provider. If the claim administrator or third party vendor sends a transmission that contains a virus which prevents the Division from processing the transmission, the transmission will not be considered as having been received by the Division.

(11) If a vendor is submitting files on behalf of more than one insurer or claim administrator, the vendor shall send separate header and trailer records for each claim administrator. The Sender ID on the Header Record shall represent the insurer’s or claim administrator’s FEIN and Postal Code, not that of the vendor.

Rulemaking Authority 440.591, 440.593 FS. Law Implemented 440.593 FS. History–New 5-29-05, Amended 1-7-07, 5-17-09.

69L-56.320 Claims EDI Test and Production Status Requirements.

(1) Prior to sending an initial test transmission, the claim administrator shall file the EDI Trading Partner forms required in subsection 69L-56.300(2), F.A.C. If a form is incomplete and does not contain responses to all of the required fields in accordance with the form instructions, testing with the Division will not commence until the corrected form(s) is re-filed with the Division.

(2) If the claim administrator has contracted with a vendor to send Claims EDI filings on its behalf to the Division, the claim administrator shall comply with the testing requirements in this section before being approved for production status, even if the vendor has been previously approved by the Division for production status with another client.

(3) During the Claims EDI testing period and until the claim administrator is approved for production status for sending the required electronic form equivalents required by this rule, the claim administrator shall continue to file Forms DFS-F2-DWC-1, DFS-F2-DWC-12, DFS-F2-DWC-13 and DFS-F2-DWC-4 and DFS-F2-DWC-49 in accordance with Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.016, 69L-3.0213 and 69L-3.025, F.A.C.

(4) The claim administrator shall send test files in the correct IAIABC Release 3 formats specified in Section 2, Technical Documentation, of the IAIABC Claims EDI Release 3 Implementation Guide, and comply with transmission requirements set out in Rule 69L-56.310, F.AC.

(5) The insurer or claim administrator shall indicate the Maintenance Type Codes (MTC’s) it will be sending, if not all MTC’s will be initially tested at the same time (e.g., MTC’s not required until the insurer’s Secondary Implementation Schedule). The claim administrator shall file a revised Form DFS-F5-DWC-EDI-3, EDI Transmission Profile – Sender Specifications, to report any new MTC’s that will be added during the test to production periods.

(6) The claim administrator shall also indicate on its Form DFS-F5-DWC-EDI-3, Transmission Profile – Sender Specifications, the frequency with which files will be sent to the Division, i.e., daily, weekly. Test files shall consist of Claims EDI Filings that correspond with Forms DFS-F2-DWC-1, DFS-F2-DWC-12, DFS-F2-DWC-13, and DFS-F2-DWC-4 adopted in Rules 69L-3.025, F.A.C., that were previously mailed to the Division at least one week prior to the date the test transmission containing the corresponding Electronic First Report of Injury or Illness, Electronic Notice of Denial, Electronic Periodic Claim Cost Report, and Electronic Notice of Action or Change, Suspension, and Reinstatement of Indemnity Benefits information is sent to the Division. If the claim administrator is unable to transmit test files on a daily or weekly basis due to a low volume of actual claim filings being mailed to the Division during the specified testing frequency, the claim administrator may create and send “mock” paper and electronic filings for Claims EDI testing purposes. The claim administrator shall clearly mark any mock paper filings as an “EDI Test Filing” and fax the mock paper filings to the Division’s Claims EDI Team at (850) 488-3453.

(7) Data element values sent on the test Claims EDI filings shall match values reported on the corresponding paper form filing. If differences are detected and cited in a written parallel analysis report issued to the claim administrator by the Division, the claim administrator shall confirm if the electronic version contained the accurate data, or otherwise provide an explanation for the discrepancy. The claim administrator shall investigate and reconcile its database as necessary in conjunction with data errors identified during the test period(s).

(8) The claim administrator shall send the following minimum number of Claims EDI filings during the test period(s), of which 90% of each of the required categories specified in paragraphs (5)(a) through (f) of this section shall receive an Application Acknowledgement Code of “TA”:

(a) Ten (10) Electronic First Report of Injury or Illness filings utilizing at least two of each of the following required FROI/SROI MTC combinations: 00/IP, 00/EP, and 00/PY. MTC’s 00/CD, 00/VE, and AU/AP may be optionally included in the testing period. The claim administrator shall send one of the two required MTC 00/IP filings with Claim Type “I” and the other required MTC 00/IP filing with Claim Type “L”.

(b) Five (5) Electronic Denied First Report of Injury or Illness filings utilizing at least one FROI MTC 04 (Full Denial) and one FROI MTC 00 with SROI PD (Partial Denial). The Electronic First Report of Injury or Illness shall include the applicable Full Denial Reason Code(s) and Partial Denial Code with Denial Reason Narrative, to report the Electronic Notice of Denial information.

(c) Ten (10) Electronic Periodic Claim Cost filings utilizing at least two each of the following SROI MTC’s: SA or FN. A corresponding paper or Electronic First Report of Injury or Illness must have been previously accepted in test or production status before testing MTC SA or FN.

(d) Five (5) Electronic Notice of Denial filings (post-EDI DWC-1) utilizing at least one each of the following SROI MTC’s: MTC 04 and PD (Electronic First Report of Injury or Illness must have been previously accepted in test or production status before testing these EDI filings.)

(e) Five (5) Electronic Notice of Action or Change transactions based on electronic filings required in the insurer’s Primary Implementation Schedule for the initial testing period if not all MTC’s will be implemented by the insurer during its Primary Implementation Schedule, utilizing either FROI or SROI MTC 02 (Change). A corresponding paper or Electronic First Report of Injury or Illness must have been previously accepted in test or production status before testing these EDI filings with the Division.

(f) Five (5) of the following Electronic Notice of Action or Changes, Suspension and Reinstatement of Indemnity Benefits filings required in the insurer’s Secondary Implementation Schedule utilizing at least two MTC 02 filings, one of which shall report a change in the Average Wage with no change to the Net Weekly Amount and one MTC 02 that reports a Benefit Redistribution. The claim administrator shall also send at least one each of the following MTC’s: S1-S8 (Suspensions); RB (Reinstatement); CA (Change in Amount), CB (Change in Benefit Type).

(9) To be approved for production status:

(a) The claim administrator shall achieve a 90% acceptance rate for Claims EDI Filings sent during the test period(s), i.e., 90% of all test Claims EDI Filings shall be accepted and assigned an Application Acknowledgement Code “TA” (Transaction Accepted), and 10% or less of all Claims EDI filings shall be assigned an Application Acknowledgement Code “TR” (Transaction Rejected); and,

(b) The claim administrator must achieve a 95% accuracy rate for correctly reporting the following data elements:

1. Benefit Payment Issue Date and Payment Issue Date (represents the date payment was mailed to the employee); and

2. Employee SSN and Date of Injury (unless Form DFS-FS-DWC-4, Notice of Action/Change adopted in Rules 69L-3.0091 and 69L-3.025, F.A.C., was filed to report a change in Employee SSN and Date of Injury that explains the different value sent on the test EDI filing compared to the value sent on the prior paper or EDI filing); and

3. Benefit Type reported on the Division paper form promulgated under Rules 69L-3.0045, 69L-3.0091, 69L-3.012, 69L-3.016 and 69L-3.025, F.A.C., compared to the test Electronic First Report of Injury or Illness filing; and

4. Initial Date of Lost Time; and

5. Date Claim Administrator Had Knowledge of Lost Time; and

6. Any penalties and/or Interest reported on the prior paper filing compared to the test Electronic First Report of Injury or Illness, and

(c) The claim administrator has responded to all parallel pilot analysis reports issued during the test period(s).

(10) The claim administrator shall send a minimum of two transmissions containing the test MTC’s pursuant to subsection (8) of this section for evaluation by the Division before the claim administrator will be approved for production status.

Specific Authority 440.591, 440.593(5) FS. Law Implemented 440.593 FS. History–New 1-7-07.

69L-56.330 Electronic Formats for Reporting the Employee's 8th Day of Disability and the Claim Administrator's Knowledge of 8th Day of Disability.

Rulemaking Authority 440.591, 440.593 FS. Law Implemented 440.593 FS. History–New 5-29-05, Amended 1-7-07, Repealed 5-17-09.

69L-56.500 Insurer Responsibilities Where Third Party Services Are Utilized.

If an insurer contracts with a claim administrator or third party vendor to electronically send transactions to the Division on the insurer’s behalf, or uses a claim administrator or third party vendor’s software product for electronically sending transactions to the Division, the insurer shall remain responsible for the timely filing of transactions required by this rule, processing of acknowledgements, and any penalties and fines that may result from untimely electronic filings.

Specific Authority 440.591, 440.593(5) FS. Law Implemented 440.20(8)(b), 440.593 FS. History–New 5-29-05, Amended 1-7-07.

69L-34. Carrier Report of Health Care Provider Violations

69L-34.001 Definitions.

As used in this Rule Chapter:

(1) “Carrier” is as defined in Section 440.13(1)(c), Florida Statutes ( F.S.).

(2) “Division” means The Department of Financial Services Division of Workers’ Compensation.

(3) “Health Care Provider” (hereinafter referred to as “Provider”) is as defined in Section 440.13(1)(h), F.S., and includes those that consent to the jurisdiction of the Division pursuant to Section 440.13(3)(f), F.S.

(4) “Supportive Documentation” is defined as all documents and records that support an allegation of a violation pursuant to this Rule Chapter.

(5) “Verifiable delivery process” is defined as the ability to document a common carrier’s pick-up date or a United States Postal Services postmark date.

(6) “Violation” is defined as a Provider’s non-compliance with Chapter 440, F.S., and Division rules, which shall include: failing to submit medical records and reports pursuant to Sections 440.13(4)(a) and (c), F.S., or pursuant to subsection 69L-7.602(4), F.A.C.; failing to refund an overpayment of reimbursement, pursuant to Section 440.13(11)(a), F.S.; collecting or receiving payment from an injured worker in violation of Section 440.13(14)(a), F.S.; failing to follow standards of care, pursuant to Section 440.13(16), F.S., including overutilization of services; or failing to properly bill medical services, pursuant to Rule 69L-7.602, F.A.C. Recommending treatment that would constitute overutilization, in and of itself, is not an instance of overutilization.

(7) “Improper billing and billing errors” means the failure of a Provider to comply with the Division’s billing and reporting requirements pursuant to Rule 69L-7.602, F.A.C., and the applicable reimbursement manual(s).

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13, 440.13(1)(k) FS. History–New 9-6-11.

69L-34.002 Mandatory Carrier Reporting.

A Carrier shall have met the requirements to report to the Division, pursuant to Section 440.13(8), F.S., all instances of overutilization and improper billing and billing errors, including all instances in which the Carrier disallows or adjusts payment, by timely filing the required medical claims data elements with the Division, as required in subsections 69L-7.602(5) and (6), F.A.C., or denies authorization of a recommended medical benefit by issuing a Notice of Denial Form DFS-F2-DWC-12, pursuant to Rule 69L-3.012, F.A.C.

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13(8) FS. History–New 9-6-11.

69L-34.003 Elective Referral of Alleged Health Care Provider Violation.

(1) Any person who elects to submit a report of a violation, as defined in this rule chapter, directly to the Division’s Office of Medical Services, shall use the Health Care Provider Violation Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref-00278 (Effective: August 2011), (hereinafter “Referral Form”), which is hereby incorporated by reference. The Referral Form is available via the Division’s web site at http://www.myfloridacfo.com/wc/provider/index.html.

(2) Such person shall submit to the Division a separate Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref-00278 (Effective: August 2011), and all supportive documentation for each alleged violation.

(3) Such person shall serve a copy of the Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref-00278 (Effective: August 2011), and all supportive documentation on the Provider utilizing a verifiable delivery process, such as United States Postal Service certified mail or a similar process offered by a common carrier.

(4) Supportive documentation of a specific violation may include, but is not limited to, the following documents or records:

(a) All DFS-F5-DWC-25 forms submitted by the Provider for the authorization of treatment provided or prescribed for the date(s) of service under review and the Carrier’s response to each request for authorization. Form DFS-F5-DWC-25 (Florida Workers’ Compensation Uniform Medical Treatment/Status Reporting Form) is incorporated by reference in paragraph 69L-7.602(2)(d), F.A.C.

(b) Electronic or written correspondence between the Carrier and the Provider regarding the medical necessity of treatment prescribed or rendered on the date(s) of service under review.

(c) All carrier notices of disallowance or adjustment of reimbursement within the meaning of Section 440.13(7), F.S., for the date(s) of service and treatment under review (e.g., Explanations of Bill Reviews or EOBRs).

(d) A copy of each medical bill for the date(s) of service under review, which lists the line item service disallowed or adjusted on the basis of overutilization, or improper billing, or a billing error.

(e) Peer review report(s) substantiating a standard of care violation, including overutilization of services, for the date(s) of service under review with specific reference to the practice guidelines upon which the peer review finding is based.

(f) Electronic or written request(s) sent to the Provider for a refund of reimbursement for line item service(s) that constituted overutilization or an improper billing or a billing error.

(g) Electronic or written request(s) sent to the Provider for medical records and information or for the submission of Form DFS-F5-DWC-25.

(h) Electronic or written correspondence notifying the Provider of the Carrier’s responsibility for the payment of medical services rendered for authorized treatment pursuant to the applicable reimbursement manual and the Provider’s inability to balance bill the injured worker.

(i) Copies of collection letters sent to the injured worker from the Provider or a collection agent acting on behalf of the Provider, seeking payment for covered medical services authorized by the Carrier.

(j) A copy of a Determination, issued by the Division, finding that the Provider improperly billed and is not entitled to additional reimbursement or the amount of reimbursement due is less than the amount the Carrier reimbursed for the billed service(s).

(5) Reporting of violations under this rule does not remove or satisfy the Carrier’s mandatory reporting obligation under Rules 69L-7.602 and 69L-34.002, F.A.C.

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13(4), (8), (11), (14), (16), 440.192 FS. History–New 9-6-11.

69L-34.004 Timeliness of a Referral.

(1) A properly completed Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref-00278 (Effective: August 2011), filed with Supportive Documentation, must be received by the Division no later than 180 days after the issuance of an EOBR, as defined in Rule 69L-7.602, F.A.C., or another form of initial notification sent from the Carrier to the Provider identifying the occurrence of an alleged violation.

(2) The EOBR or initial notification of the occurrence of an alleged violation shall be via an electronic or written notice sent to the Provider.

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13(8) FS. History–New 9-6-11.

69L-34.005 Referral Investigation.

(1) The Division is authorized to conduct an investigation of an alleged violation based upon any of the following results:

(a) An audit of medical bill data filed with the Division; or

(b) The receipt of a completed Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref-00278 (Effective: August 2011), and all Supportive Documentation; or

(c) A combination of paragraphs (a) and (b) above.

(2) The Carrier and the Provider shall submit to the Division, within forty-five (45) days of receipt of a document request from the Division, all additional documentation requested by the Division as a part of its investigation. If any of the requested documentation is not included in the Carrier’s or the Provider’s response to the Division’s document request, the Carrier or the Provider shall submit a specific written explanation as to the reason(s) the documentation was not included.

(3) If either the Carrier or the Provider fails to timely submit the requested documentation or specific written explanation as to the reason the additional documentation can not be provided, the Division, in its exclusive jurisdiction pursuant to Section 440.13(11)(c), F.S., is authorized to close the investigation or issue its findings based on the documentation filed with the Referral Form and any responses appurtenant thereto that were timely received.

(4) The Division shall not issue a penalty for violations under this Rule Chapter except following an investigation pursuant to this rule; however, if the Division finds a Provider has engaged in a violation, administrative penalties, fines or other sanctions shall be issued in accordance with Section 440.13(8), (11), and (13), F.S.

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13(1), (8), (11), (13) FS. History–New 9-6-11.

69L-34.006 Invalid Referrals.

(1) A Carrier shall not submit a Referral Form, DFS-F6-DWC-2000 http://www.flrules.org/Gateway/reference.asp?No=Ref00278 (Effective: August 2011), to the Division to report an alleged violation related to:

(a) A reimbursement dispute pending a Determination, pursuant to Section 440.13(7), F.S.; or

(b) A petition for medical benefits pending before a Judge of Compensation Claims.

(2) A referral related to issues identified in subsection (1) is invalid and shall not be investigated.

Rulemaking Authority 440.13(4)(c), (7)(e), 440.591 FS. Law Implemented 440.13(7), (8), 440.192 FS. History–New 9-6-11.

69L-31. Utilization and Reimbursement Dispute Rule

69L-31.003 Petition Form.

(1) The Petition for Resolution of Reimbursement Dispute Form (DFS Form 3160-0023, effective September 8, 2006) is hereby incorporated by reference. This form may be obtained on the Internet at http://www.myfloridacfo.com/wc/forms.html or by contacting the Department at (850)413-1613.

(2) A petition to contest carrier disallowance or adjustment of payment pursuant to Section 440.13(7)(a), F.S., must be on the Petition for Resolution of Reimbursement Dispute Form. Any submission seeking to contest the disallowance or adjustment of payment by a carrier pursuant to Section 440.13(7)(a), F.S., must include a completed Petition for Resolution of Reimbursement Dispute Form.

Specific Authority 440.13(7)(e) FS. Law Implemented 440.13(7)(a) FS. History–New 11-28-06, Formerly 59A-31.003.

69L-31.004 Carrier Response Form.

(1) The Carrier Response to Petition for Resolution of Reimbursement Dispute Form (DFS Form 3160-0024, effective September 8, 2006) is hereby incorporated by reference. This form may be obtained on the Internet at http://www.myfloridacfo.com/wc/forms.html or by contacting the Department at (850)413-1613.

(2) The Carrier Response to Petition for Resolution of Reimbursement Dispute Form shall be considered a required element of the requested documentation to the Department under Section 440.13(7)(b), F.S. The Carrier Response to Petition for Resolution of Reimbursement Dispute Form shall be the only form accepted by the Department upon which a carrier may submit to the Department its response to a Petition for Resolution of Reimbursement Dispute. Any submission by a carrier pursuant to Section 440.13(7)(b), F.S., that does not include a completed Carrier Response to Petition for Resolution of Reimbursement Dispute Form shall result in a notice of deficiency by the Department. A carrier shall have ten (10) calendar days from receipt of the notice of deficiency to cure the deficiency identified in the Department’s notice of deficiency. Failure to timely cure the deficiency shall constitute failure to submit requested documentation to the Department.

Specific Authority 440.13(7)(e) FS. Law Implemented 440.13(7)(b) FS. History–New 11-28-06, Formerly 59A-31.004.

69L-31.005 Petition Requirements.

(1) All documents and records that support the allegations contained in the petition must accompany the petition. A petition that is accompanied by all items specified below will not be dismissed for failure to submit supporting documents and records:

(a) A copy of each Explanation of Bill Review received from the carrier providing notice of disallowance or adjustment of payment in this dispute.

(b) A copy of the medical bill or medical bills or request for reimbursement for which payment was disallowed or adjusted by the carrier on the contested Explanation of Bill Review(s).

(c) One copy set of all medical documentation and records submitted to the carrier in support of the medical bill(s) or request(s) for reimbursement which are the subject of this dispute.

(d) If the answer to question 5 on the Petition for Resolution of Reimbursement Dispute Form is yes, a copy of all applicable provision(s) of the reimbursement contract.

(e) Provider’s documentation of authorization by carrier for non-emergency treatment for the date(s) of service covered by the petition.

(f) Documentation of health care provider notification to the carrier, pursuant to Section 440.13(3)(b), F.S., for emergency treatment for the date(s) of service included in the petition.

(2) If the petitioner does not submit a completed Petition for Resolution of Reimbursement Dispute Form, accompanied by all of the items specified in subsection 69L-31.005(1), F.A.C., the petitioner will be notified by the Department of the deficiency in submission. The petitioner shall have ten (10) calendar days from receipt of the notice of deficiency to cure the deficiency by providing to the Department the items specified in the Department’s notice along with proof of proper service of the curative documentation upon the carrier. If the Department does not receive the curative documentation and proof of service of the curative documentation upon the carrier within ten (10) days after petitioner’s receipt of the notice of deficiency, the petition will be dismissed with prejudice.

(3) Documents and records accompanying the petition must be submitted in hard copy.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7) FS. History–New 11-28-06, Formerly 59A-31.005.

69L-31.006 Consolidation of Petitions.

(1) If multiple petitions addressing the same substantive issue(s) have been filed by petitioner contesting disallowance or adjustment of payment by the same carrier, the Department may, in its discretion, consolidate the petitions into a single determination.

(2) If the Department consolidates multiple petitions into a single determination, the timetable for rendering a determination upon a consolidated petition shall be expanded to 120 days after Department receipt of all documentation.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(e) FS. History–New 11-28-06, Formerly 59A-31.006.

69L-31.007 Service of Petition on Carrier and Affected Parties.

(1) The petitioner shall effectuate service upon the carrier and on all affected parties by serving a copy of the petition and all documents and records in support of the petition, by United States Postal Service (USPS) certified mail on the entity identified on the Explanation of Bill Review as the entity the carrier designates to receive service on behalf of the carrier and all affected parties. If the Explanation of Bill Review does not specifically identify the name and mailing address of the entity the carrier designates to receive service on behalf of the carrier and all affected parties, as required by paragraph 69L-7.602(5)(q), F.A.C., the petitioner may effectuate service of the petition upon the carrier and all affected parties by serving a copy of the petition and copies of all documents and records in support of the petition by United States Postal Service (USPS) certified mail upon the entity who issued the Explanation of Bill Review at the address from which the Explanation of Bill Review was issued.

(2) A Petition for Resolution of Reimbursement Dispute must be served upon the carrier and all affected parties by United States Postal Service (USPS) certified mail. Service upon the carrier shall include one copy set of all documents and records submitted to the Department in support of the petition.

(3) Service by certified mail means service by United States Postal Service (USPS) certified mail. Service by United States Postal Service (USPS) delivery other than certified mail or service by common carrier does not constitute service by certified mail, as required by statute, even if carrier delivery and receipt of the petition are confirmed.

(4) If a carrier has not been properly served in accordance with this subsection, the petitioner will be notified by the Department of the deficiency in service. The petitioner shall have ten (10) calendar days from receipt of the notice of deficiency in service to provide the Department with proof the deficiency in service identified in the notice of deficiency has been cured by proper service. If the Department does not receive proof of proper service within ten (10) days after petitioner’s receipt of the notice of deficiency, the petition will be dismissed with prejudice. For purposes of this rule, “proof of proper service” means that a copy of the petition and one copy set of all documents and records in support of the petition have been sent by United States Postal Service (USPS) certified mail to the proper entity at the proper address as set forth in this rule, and a certified mail receipt number is provided to the Department to confirm mailing.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(a) FS. History–New 11-28-06, Formerly 59A-31.007.

69L-31.008 Computation of Time.

(1) Pursuant to paragraph 69L-7.602(5)(q), F.A.C., notice of disallowance or adjustment of payment, which begins the thirty (30) day time period in Section 440.13(7), F.S., shall only be through receipt of an Explanation of Bill Review issued by or on behalf of a carrier. Therefore, the thirty (30) day time period within which a petition must be served upon the Department begins upon receipt of the Explanation of Bill Review by the health care provider or by an entity designated by the provider to receive such notice on behalf of the health care provider. The health care provider shall document receipt of the Explanation of Bill Review using a date stamp, which clearly reflects date of receipt, or by using a verifiable login process. Documentation of receipt through a date stamp or verifiable login process shall accompany the petition. A date stamped Explanation of Bill Review will be accepted as proof of date of receipt by date stamp. A copy of the applicable portion of the login roster showing the date of login of the Explanation of Bill Review will be accepted as proof of receipt through a verifiable login process. If receipt cannot be established through a date stamp or verifiable login process, the health care provider may provide with the petition a copy of the envelope in which the Explanation of Bill Review was sent which clearly and legibly shows the postmark date, in which case receipt will be deemed to be five (5) calendar days from the postmark date on the envelope in which the Explanation of Bill Review was sent. If the health care provider does not establish the date of its receipt of the Explanation of Bill Review by any of the methods set forth in this subsection through documentation accompanying the Petition, the health care provider receipt of the Explanation of Bill Review will be deemed to be five (5) calendar days from the issue date on the Explanation of Bill Review. An affidavit attesting to date of receipt will not be accepted as proof of date of receipt.

(2) Petitioning the Department shall be effectuated upon service of the petition upon the Department. The timeliness of a Petition for Resolution of Reimbursement Dispute shall be calculated based upon service of the petition upon the Department. Service upon the Department shall be by United States Postal Service (USPS) mail, by common carrier, or by hand delivery. If service is by United States Postal Service (USPS) mail, the date of service shall be the postmark date. If service is by common carrier, the date of service shall be the common carrier pick-up date. If service is by hand delivery, the date of service is the date the petition is hand delivered to: Receptionist, Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida. Service by hand delivery is available Monday through Friday between 8:00 a.m. and 5:00 p.m., Eastern Time, excluding state holidays.

(3) Carrier date of receipt of the petition by certified mail will be established by reference to the United States Postal Service (USPS) certified mail receipt date. Timely submission by the carrier of the Carrier Response to Petition for Resolution of Reimbursement Dispute Form and accompanying documentation to the Department shall be determined based upon the date of service of the Carrier Response to Petition for Resolution of Reimbursement Dispute Form and accompanying documentation to the Department. If service is by United States Postal Service (USPS) mail, the date of service shall be the postmark date. If service is by common carrier, the date of service shall be the common carrier pick-up date. If service is by hand delivery, the date of service is the date the petition is hand delivered to: Receptionist, Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida. Service by hand delivery is available Monday through Friday between 8:00 a.m. and 5:00 p.m., Eastern Time, excluding state holidays.

(4) Neither the request for, nor the conducting of, an on-site audit, nor the referral of the health care provider for peer review consultation, nor independent medical examination shall toll the time period for petitioning the Department for the resolution of a reimbursement dispute as set forth in Section 440.13(7)(a), F.S., or the time period for the carrier to submit requested documentation under Section 440.13(7)(b), F.S.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(a), (b) FS. History–New 11-28-06, Formerly 59A-31.008.

69L-31.009 Carrier Response Requirements.

(1) The Carrier Response to Petition for Resolution of Reimbursement Dispute Form, accompanied by all requested information, must be served upon the Department within ten (10) days after receipt of a copy of the petition by United States Postal Service (USPS) certified mail. However, where the Carrier has received curative documentation from the Petitioner pursuant to subsection 69L-31.005(2), F.A.C., the Carrier Response to Petition for Resolution of Reimbursement Dispute Form, accompanied by all requested information, must be served upon the Department within ten (10) calendar days after receipt, by the carrier of the curative documentation from the Petitioner. The carrier’s response to the petition must include a completed Carrier Response to Petition for Resolution of Reimbursement Dispute Form (DFS Form 3160-0024, effective September 8, 2006). Failure of the carrier to meet these requirements constitutes waiver of all objections to the petition.

(2) The carrier shall provide to the petitioner, using a delivery method which provides confirmation of date of delivery, at the petitioner’s mailing address on the Petition for Resolution of Reimbursement Dispute Form, a copy of the Carrier Response to Petition for Resolution of Reimbursement Dispute Form, and one copy set of all accompanying information served upon the Department in response to the petition.

(3) Documents and records accompanying the carrier’s Response to Petition for Resolution of Reimbursement Dispute Form must be in hard copy.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(b) FS. History–New 11-28-06, Formerly 59A-31.009.

69L-31.010 Effect of Non-Response by Carrier.

Failure of the carrier to timely submit a Carrier Response to Petition for Resolution of Reimbursement Dispute Form (DFS Form 3160-0024, effective September 8, 2006) and accompanying documentation substantiating its disallowance or adjustment of payment constitutes a waiver of all objections to the petition. Waiver of all objections to the petition shall result in the Department determination and final order being based solely upon the allegations and supporting documentation submitted by the petitioner.

Specific Authority 440.13(7), 440.591 FS. Law Implemented 440.13(7)(b) FS. History–New 11-28-06, Formerly 59A-31.010.

69L-31.011 Complete Record.

The evidentiary record upon which the Department’s determination will be made shall be the Petition for Resolution of Reimbursement Dispute Form and all supporting documents and records accompanying the petition and the Carrier’s Response to Petition for Resolution of Reimbursement Dispute Form and all accompanying documents. However, if the petitioner and carrier enter into a joint stipulation of the parties pursuant to Rule 69L-31.012, F.A.C., the evidentiary record upon which the Department’s determination will be made shall also include all additional supporting documentation submitted to the Department by the parties within the 10 calendar day period provided for in Rule 69L-31.012, F.A.C.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(c) FS. History–New 11-28-06, Formerly 59A-31.011.

69L-31.012 Joint Stipulation of the Parties.

Within fourteen (14) calendar days subsequent to service upon the Department of the carrier response, the petitioner and carrier may serve upon the Department a joint stipulation of the parties, mutually stipulating in writing that the reimbursement dispute be held in abeyance for a specified time period, not to exceed sixty (60) calendar days, for the parties to seek a resolution of the reimbursement dispute without the need for a determination by the Department. Service of a joint stipulation of the parties upon the Department shall be by one of the methods by which a petition is served upon the Department in subsection 69L-31.008(2), F.A.C. At the conclusion of the specified time period in such joint stipulation, or upon earlier notice in writing served upon the Department and the other party(ies) to the joint stipulation by any party to such joint stipulation that the negotiations to resolve the reimbursement dispute are at an impasse, the Department will proceed to make a determination on the reimbursement dispute. At the time the abeyance of the dispute is concluded, the Department will allow the parties to such joint stipulation ten (10) calendar days to serve any additional supporting documentation a party wishes to be considered in making a determination on the dispute. If a reimbursement dispute is held in abeyance pursuant to a joint stipulation of the parties, the 60-day time period for the Department to issue a determination shall commence when the 10-day period for serving additional documentation ends.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7) FS. History–New 11-28-06, Formerly 59A-31.012.

69L-31.013 Petition Withdrawal.

(1) Prior to the issuance of a determination, the petitioner may voluntarily withdraw its Petition for Resolution of Reimbursement Dispute.

(2) The withdrawal of a petition shall be in writing and must clearly indicate:

(a) The name of the health care provider or facility requesting withdrawal;

(b) The name of the carrier against whom the petition has been initiated;

(c) The date(s) of service covered by the petition; and

(d) The identity of the injured employee to whom medical services were delivered.

(3) The result of receipt by the Department of a request for withdrawal of a petition shall be dismissal of the determination case by the Department.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(a), (c) FS. History–New 11-28-06, Formerly 59A-31.013.

69L-31.014 Overutilization Issues Raised in Reimbursement Dispute Resolution.

If the carrier, in its Carrier Response to Petition for Resolution of Reimbursement Dispute, asserts and submits documentation substantiating that a basis for disallowing petitioner’s claim for payment is overutilization and the Department, in its discretion, determines that the reimbursement dispute cannot be resolved without addressing the issue, the Department will issue a determination pursuant to Section 440.13(7), F.S., that the reimbursement dispute cannot be resolved under Section 440.13(7), F.S., and is being converted to a proceeding under Sections 440.13(8) and 440.13(11), F.S.; or both.

Specific Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7)(b), 440.13(7)(c) FS. History–New 11-28-06, Formerly 59A-31.014.

69L-31.015 Managed Care Arrangements.

A health care provider may not elect to contest under Section 440.13(7), F.S., disallowance or adjustment of payment by a carrier for services rendered pursuant to a managed care arrangement.

Specific Authority 440.13(7)(e), 440.134(25)(e), 440.591 FS. Law Implemented 440.13(7) FS. History–New 11-28-06, Formerly 59A-31.015.

69L-30. Expert Medical Advisors

69L-30.002 Definitions.

For purposes of this rule the following definitions apply:

(1) “Board certification” or “board certified” means the physician has been awarded board certification or diplomate status by the American Board of Medical Specialties, American Board of Internal Medicine, American Board of Physician Specialties, American Osteopathic Association, American Board of General Dentistry, American Board of Podiatric Orthopedics and Primary Podiatric Medicine, American Board of Podiatric Surgery, American Chiropractic Rehabilitation Board, American Chiropractic Neurology Board, American Board of Chiropractic Internists, American Chiropractic Board of Nutrition, American Chiropractic Board of Occupational Health, American Board of Chiropractic Orthopedists, American Board of Chiropractic Radiology, or American Chiropractic Board of Sports Physicians.

(2) “Board eligible” or “board eligibility” means the physician has been recognized by the applicable national-specialty board as eligible to take the board certification examination.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.002, Amended 10-11-06, Formerly 59A-30.002.

69L-30.003 Qualifications for Expert Medical Advisor Certification.

To be certified as an Expert Medical Advisor, a physician shall meet the following qualifications:

(1) Must have been certified as a health care provider by the Department pursuant to Chapter 69L-29, F.A.C., for a period of not less than twelve months prior to the date of the Expert Medical Advisor application; and

(2) Must hold valid licensure, issued by the Florida Department of Health, with “clear and active” status; and

(3) Must hold specialty-board certification or specialty-board eligibility applicable to the specialty for which the applicant seeks certification. If the applicable national-specialty board does not recognize “board eligible” or “board eligibility” status, the applicant must hold board certification for the specialty; and

(4) Must demonstrate experience in the assignment of permanent impairment ratings greater than zero (0%) to Florida’s injured employees, pursuant to Rule 69L-7.604, F.A.C., within the two-year period immediately preceding the date of application; and

(5) Must demonstrate experience in performing independent medical examinations pursuant to Section 440.13(2) or 440.13(5), Florida Statutes, within the two-year period immediately preceding the date of application; and

(6) Must have completed twenty hours of continuing medical education, specifically related to the practitioner’s field of specialty, within the two-year period immediately preceding the date of application. Completion of courses required for licensure by the Florida Department of Health addressing Domestic Violence, HIV-AIDS and Prevention of Medical Errors will not be applied to the medical continuing education requirements for Expert Medical Advisor certification; and

(7) Must possess knowledge of the Florida Statutes related to workers’ compensation, specifically Sections 440.02, 440.09, 440.093, 440.102, 440.105, 440.13, 440.134, 440.15(3), 440.15(5), 440.151, 440.20 and 440.491; and possess knowledge of the Florida Administrative Code Rules 69L-7.602 and 69L-7.020 related to workers’ compensation.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Amended 6-8-95, Formerly 38F-54.003, Amended 10-11-06, Formerly 59A-30.003.

69L-30.004 Application for Expert Medical Advisor Certification.

(1) A physician shall apply for Expert Medical Advisor certification by submitting a signed, legible and accurately completed Expert Medical Advisor Certification Application, DFS Form 3160-0021, to the following address: Division of Workers’ Compensation, Office of Medical Services, c/o Department of Financial Services, 200 E. Gaines Street, Tallahassee, FL 32399-4232. The Expert Medical Advisor Certification Application, DFS Form 3160-0021, revised May 2006, is incorporated by reference into Chapter 69L-30, F.A.C., and may be obtained from the Office of Medical Services, c/o Department of Financial Services, Division of Workers’ Compensation’s website: www.myfloridacfo.com/wc/forms.html#7.

(2) As part of the Expert Medical Advisor certification application, the physician shall agree to provide consultation or services in accordance with the timetables set forth in Chapter 440, F.S., and abide by rules adopted by the Department, including, but not limited to, rules pertaining to procedures for review of the services rendered by health care providers and preparation of reports and testimony or recommendations for submission to the Department or judge of compensation claims.

(3) The application shall be accompanied by the following documentation to establish that the qualifications for Expert Medical Advisor certification set forth in Rule 69L-30.003, F.A.C., have been met:

(a) To document specialty-board certification or specialty-board eligibility, the applicant must submit a copy of a current certificate of national specialty-board certification or written proof of specialty-board eligibility and documentation that indicates any expiration date for specialty-board certification or specialty-board eligibility applicable to the specialty for which the applicant seeks certification.

(b) To demonstrate experience in the assignment of permanent impairment ratings to Florida’s injured employees, pursuant to Rule 69L-7.604, F.A.C., the applicant must submit five completed DFS-F5-DWC-25 forms (with all patient identification redacted) indicating assignment of the date of maximum medical improvement and calculation of the permanent impairment rating greater than zero (0%) for injured employee evaluations completed within the two-year period immediately preceding the date of application; and

(c) To demonstrate experience in performing independent medical examinations pursuant to Section 440.13(2) or 440.13(5), F.S., the applicant must submit copies of five independent medical examination reports (with all patient identification redacted) written for workers’ compensation injured employees within the two-year period immediately preceding the date of application; and

(d) To demonstrate completion of twenty hours of continuing medical education specifically related to the practitioner’s field of specialty, the applicant must submit copies of certificates of completion for twenty hours of continuing medical education, related to the specialty field of practice, completed within the two-year period immediately preceding the date of application. Certificates for courses required for licensure by the Florida Department of Health addressing Domestic Violence, HIV-AIDS and Prevention of Medical Errors will not be applied to the medical education requirements for Expert Medical Advisor certification; and

(4) To demonstrate knowledge of Florida Workers’ Compensation, the physician must attest to knowledge of the Florida Statutes related to workers’ compensation, specifically Sections 440.02, 440.09, 440.093, 440.102, 440.105, 440.13, 440.134, 440.15(3), 440.15(5), 440.151, 440.20 and 440.491, F.S.; and knowledge of the Florida Administrative Code Rules 69L-7.602 and 69L-7.020. If an Expert Medical Advisor applicant is not otherwise familiar with the statutes and rules identified above, he/she may attest to familiarity with those rules and statutes upon completion of the Workers’ Compensation Health Care Provider Educational Tutorial available on the Department of Financial Services, Division of Workers’ Compensation’s website: www.myfloridacfo.com/wc.

(5) The Department will review the Expert Medical Advisor certification application, pursuant to the requirements of Section 120.60, Florida Statutes, and notify the applicant of any deficiencies in the application submitted. If the Department does not receive, within 30-calendar days of the applicant’s receipt of notice of deficiencies, information curing all deficiencies identified by the Department, the Expert Medical Advisor Certification Application will be denied.

(6) Throughout the certification period, the Expert Medical Advisor shall notify the Department:

(a) If specialty-board certification has expired.

(b) If Florida Department of Health license status is changed from “clear and active.”

(c) Of any change in address or contact information.

(7) Expert Medical Advisor certification shall be for a period of two years. If at any time during the certification period, the physician no longer meets all qualifications for Expert Medical Advisor certification, the Expert Medical Advisor certification shall be revoked.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.004, Amended 10-11-06, Formerly 59A-30.004.

69L-30.005 Selection of Expert Medical Advisors.

(1) All individuals contracted to provide services through certification as an Expert Medical Advisor will be placed on an Department list of certified Expert Medical Advisors eligible for selection as an Expert Medical Advisor by the Department or a judge of compensation claims.

(2) When Expert Medical Advisor services are needed by the Department, the Department shall:

(a) Select an Expert Medical Advisor from the Department’s list of certified Expert Medical Advisors; and

(b) Make the necessary arrangements for the Expert Medical Advisor to provide the Expert Medical Advisor services.

(3) When Expert Medical Advisor services are needed in a proceeding before a judge of compensation claims, the judge of compensation claims shall:

(a) Select an Expert Medical Advisor from the Department’s list of certified Expert Medical Advisors; and

(b) Make the necessary arrangements for the Expert Medical Advisor to provide the Expert Medical Advisor services.

(4) Upon receiving notice of selection by the Department or judge of compensation claims as an Expert Medical Advisor, the physician shall disclose any conflict of interest related to the case for which the physician was selected and shall decline selection as an Expert Medical Advisor.

(5) A physician who has been decertified pursuant to Chapter 69L-29, F.A.C., and/or has ever been decertified pursuant to Rule 69L-30.010, F.A.C., shall not be certified as an Expert Medical Advisor.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.005, Amended 10-11-06, Formerly 59A-30.005.

69L-30.006 Temporary Expert Medical Advisors.

(1) When a judge of compensation claims needs Expert Medical Advisor services and there is no Expert Medical Advisor on the Department’s list of certified Expert Medical Advisors who meets the needs of the judge of compensation claims and is available to provide the Expert Medical Advisor services needed, the judge of compensation claims may propose a specific physician for temporary Expert Medical Advisor certification by the Department.

(2) The Department will certify the specific physician proposed by the judge of compensation claims as a temporary Expert Medical Advisor if one of the following is met:

(a) All parties in a proceeding before the judge of compensation claims stipulate to the qualifications of the medical specialty-board certified physician to provide Expert Medical Advisor services in the judge of compensation claims proceeding; or

(b) The physician has a valid and active license to practice medicine, has medical specialty-board certification and the judge of compensation claims has established that the physician has training or experience applicable to the specific medical issue before the judge of compensation claims.

(3) Certification as a temporary Expert Medical Advisor shall be limited to the specific case for which the judge of compensation claims proposed the physician for temporary Expert Medical Advisor certification.

(4) A physician who has been decertified pursuant to Chapter 69L-29, F.A.C., and/or has ever been decertified pursuant to Rule 69L-30.010, F.A.C., shall not be certified as a temporary Expert Medical Advisor.

(5) Upon receiving notice of selection by the judge of compensation claims as a temporary Expert Medical Advisor, the physician shall disclose any conflict of interest related to the case for which the physician was selected and shall decline selection as a temporary Expert Medical Advisor.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.006, Amended 10-11-06, Formerly 59A-30.006.

69L-30.007 Expert Medical Advisor Responsibilities.

(1) A physician shall disclose any conflict of interest upon receiving notice of selection as an Expert Medical Advisor and shall not accept selection if a conflict of interest exists. For the purposes of this rule, “conflict of interest” means that any of the following matters may exist, potentially influencing the Expert Medical Advisor’s opinions and decisions while fulfilling responsibilities to evaluate the medical care provided the injured employee by the examining physician:

(a) Private, business, financial or ownership interests involving potential gain or benefit based on the outcome of the case; or

(b) Prior knowledge of the injured employee.

(2) When the judge of compensation claims selects an Expert Medical Advisor, the Expert Medical Advisor shall complete and submit a written report to the judge of compensation claims within 15-calendar days following receipt of all medical records and examination of the injured employee. The medical records, which may be submitted to an Expert Medical Advisor shall be within the discretion of the judge of compensation claims.

(3) When the Department selects an Expert Medical Advisor, the Expert Medical Advisor shall complete and submit a written report to the Department within 15-calendar days following receipt of all medical records.

(4) The Expert Medical Advisor shall furnish a copy of the written report to the insurer and to the injured employee pursuant to Section 440.13(9)(d), F.S.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.007, Amended 10-11-06, Formerly 59A-30.007.

69L-30.008 Billing and Reimbursement for Expert Medical Advisor Services.

(1) Within 30 calendar days following completion of the written report, the physician must submit billing for Expert Medical Advisor services on the Department approved or judge of compensation claims approved invoice, as applicable, documenting total number of hours and total dollar charges.

(2) In a judge of compensation claims proceeding, if additional diagnostic testing is required for the Expert Medical Advisor to render a medical opinion, charges for diagnostic testing shall:

(a) Require prior authorization from the judge of compensation claims; and

(b) Be billed in accordance with Rule 69L-7.602, F.A.C.; and

(c) Be reimbursed in accordance with the appropriate Florida Workers’ Compensation reimbursement manual in effect on the date services were completed.

(3) Within 45 calendar days from receipt of both the Expert Medical Advisor’s copy of the written report and invoice, reimbursement shall be rendered to the Expert Medical Advisor pursuant to Section 440.13(9)(f), F.S.

(4) Hourly reimbursement for Expert Medical Advisor services shall include reimbursement for all services rendered except specialty-diagnostic testing.

(5) Reimbursement for Expert Medical Advisor services, pursuant to an Expert Medical Advisor Contract, shall be as follows:

(a) For an Expert Medical Advisor selected by the Department pursuant to subsection 69L-30.005(2), F.A.C., reimbursement shall not exceed $200.00 per hour for no more than 8 hours per case, not including reasonable expenses associated with travel, when applicable, which will be reimbursed in accordance with Section 112.081, F.S.

(b) For an Expert Medical Advisor selected by a judge of compensation claims pursuant to subsection 69L-30.005(3), F.A.C., reimbursement shall not exceed $300.00 per hour, nor more than 8 hours per case, not including reasonable expenses associated with travel, when applicable, which will be reimbursed in accordance with Section 112.081, F.S.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.008, Amended 10-11-06, Formerly 59A-30.008.

69L-30.010 Expert Medical Advisor Decertification.

(1) An Expert Medical Advisor shall be decertified for any one of the following:

(a) The physician is removed from the Department’s list of physicians authorized to provide services to workers’ compensation injured employees.

(b) The physician fails to report a conflict of interest and decline selection in a case assignment as required in Rule 69L-30.004, F.A.C.

(2) If an Expert Medical Advisor is decertified by the Department, the physician shall not be eligible for certification as an Expert Medical Advisor in the future.

Specific Authority 440.13(9), 440.591 FS. Law Implemented 440.13(9) FS. History–New 1-23-95, Formerly 38F-54.010, Amended 10-11-06, Formerly 59A-30.010.

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