OhioBWC - Basics: (Policy library) - File

 

Policy Name:

Substance Use Recovery and Workplace Safety Program

Code/Rule Reference:

Chapter 4123 of the Revised Code; OAC 4123-17-14; and OAC 4123-6-08.

Effective Date:

July 1, 2019

Approved:

John E. Logue, Chief of Strategy

Origin:

Strategic Initiatives

Supersedes:

N/A

History:

New Policy Issued September 19, 2019.

Review Date:

July 1, 2020

 

 

I.        Policy Purpose

 

The Substance Use Recovery and Workplace Safety Program is a pilot program providing funding to local Alcohol Drug Addiction and Mental Health Services (ADAMH) boards. ADAMH boards use the funds to assist employers that hire workers in recovery. The funds provide reimbursement for employee drug testing and supervisor training to better manage and retain workers in recovery.

 

II.      Applicability

 

This policy applies to all the following: BWC Employer Programs; BWC Division of Safety and Hygiene (DSH); employers; and ADAMH boards operating in the counties selected for the pilot project. The pilot project is tentatively scheduled to run from October 15, 2018, through June 30, 2020.

 

III.    Definitions

 

Unless otherwise defined, all terms used in this policy carry the same meaning as set forth in BWC Employer Services’ Drug Free Safety Program policy.

IV.    Policy

A.      Program purpose. The purpose of the program is to:

1.       Lessen the impact of substance use disorders on Ohio’s workforce;

2.       Help Ohio’s employers keep employees in recovery at work;

3.       Assist employers hiring and managing employees in recovery; and

4.       Promote a safe and healthy workforce.

B.      Eligibility criteria. To qualify for reimbursement through the Substance Use Recovery and Workplace Safety program, the employer must:

1.       Be located in one of the pilot counties;

2.       Be current with respect to all payments due BWC as defined in OAC 4123-17-14;

3.       Be current on the payment schedule of any part-pay agreement into which the employer has entered for payment of premiums or assessment obligations;

4.       Be in an active policy status, in which an “active policy status” does not include an employer with a coverage status of “no coverage” or “lapsed”; and

5.       Timely report actual payroll for the preceding policy year and pay any premium due upon reconciliation of estimated premium and actual premium. An employer will be deemed to have met this requirement if BWC receives the payroll report and the employer pays premium associated with such report before the expiration of any grace period. See the Payroll True-Up policy for additional information.

C.      Operation of program.

1.       BWC will initially award funds to the ADAMH boards in the pilot counties.  Employers participating in the Substance Use Recovery and Workplace Safety Program must pay for expenses upfront, as defined below, and apply for reimbursement of a portion of those expenses from the local ADAMH boards.  BWC will award additional funding to the participating ADAMH boards when the amount of their previously awarded funding falls below $10,000.

2.       Reimbursement is available on a first come, first served basis, while funding and BWC resources are available. The program and funding may be suspended at any time.

3.       The employer’s request for reimbursement must be submitted within three months of the date of drug testing or training.

4.       Employers must provide the ADAMH board documentation of itemized expenses including, but not limited to, service invoices and proof of payment. Acceptable documentation for proof of payment for a service is the employer’s paid invoice and a copy of the canceled check or other form of payment to verify the expenditure.

5.       If the reimbursement is for drug testing, the chain of custody form must be submitted to the ADAMH Board.  See Section IV.D.1.g.2 and Appendix C.

6.       If the reimbursement is for training, training documentation, including curriculum and proof of attendance, must be submitted with proof of payment.

7.       BWC does not permit reimbursement of bundled charges submitted by employers or the ADAMH Boards. All service invoices accompanying requests for reimbursement must be itemized.

8.       ADAMH Boards must provide a quarterly report to BWC stating specific use of funds. The reporting requirements are provided in Appendix A of this policy. Reporting requirements may be modified throughout the term of the pilot.

D.      Reimbursable expenses. Local ADAMH boards will reimburse for the following direct costs:

1.       Drug testing. BWC permits reimbursement for drug screenings for eligible employees.

a.       An eligible employee is an employee who has confirmed in writing with their local ADAMH board that they are recovering from substance use.

b.       BWC requires a minimum 12 panel test, and will reimburse up to the 16 panel test, not to exceed BWC fee schedule, OAC 4123-6-08.

c.       BWC permits reimbursement for pre-employment, post-accident, random, confirmatory, reasonable suspicion, and return-to-duty testing.

d.       It is the policy of BWC that urine drug tests (UDTs) are the preferred method of drug testing.

e.       It is the policy of BWC to allow Alternative Drug Testing (ADT) (e.g., blood, saliva, and hair follicle) only when:

1. a urine specimen is unobtainable due to medically documented reasons; and

2. testing facilities or labs use FDA approved test kits or devices to obtain ADTs.

f.   It is the policy of BWC to reimburse for drug testing when the drug testing is:

1. performed in a laboratory that is CLIA (Clinical Laboratory Improvement Amendments) certified;

2.  performed following the process outlined in Section IV.D.1.g. below; and

3. billed under codes reflected in  BWC Policy Alert # 02-2017-09 Proper Coding of Qualitative and Quantitative Drug Screens.

g.   Procedure for UDT and ADT collection:

1.    Providers of urine drug tests shall ensure a collection protocol that protects the security and integrity of the urine collection by:

i.         Testing the employee as soon as possible;

ii.       Verifying the employee’s identification via a photo identification or other confirming identification;

iii.     Collecting only one specimen at a time;

iv.     Having the employee remove any garments which might conceal substances or items to adulterate the urine specimen;

v.       Instructing the employee to wash and dry his/her hands prior to urination;

vi.     Securing all water sources;

vii.    Ensuring the water in the toilet tank and bowl are blue;

viii.  Inspecting the testing site to ensure no unauthorized substances are present;

ix.      Removing all soaps, disinfectants, cleaning agents or other possible adulterants from the testing area;

x.       Providing individual privacy for the employee during specimen collection;

xi.      Measuring the specimen temperature within four (4) minutes of its collection to ensure the temperature is between 90-100 degrees Fahrenheit;

xii.    Visually inspecting the urine for color and contaminants;

xiii.  Sealing and labeling the specimen with seals containing the date and specimen number in the presence of the employee; and

xiv.  Having the employee initial the seals, certifying that is his/her specimen.

2.     A chain of custody form, as provided in Appendix C, or equivalent form containing a minimum of the following elements, shall be used in the collection and processing of the urine specimen:

i.         Employee’s name, address, date of birth, signature, and date of signature;

ii.       Collection site’s name, address, phone and fax number;

iii.     Reason for the test;

iv.     Drugs to test for;

v.       Specimen temperature within four (4) minutes of collection;

vi.     Additional comments;

vii.    Collection time, date and printed name and signature of collector;

viii.  Date and name of courier to whom the specimen was released;

ix.      Printed name and signature of lab employee receiving the specimen and the date of specimen receipt;

x.       Documentation that the specimen bottle seals were intact upon the lab’s receipt of the specimen; and

xi.      Results and result date.

3.    ADT shall be collected pursuant to the FDA approved drug kit.

4.    Specimens failing to meet the above listed criteria shall be rejected for testing.

2.       Supervisor training. Training offered to equip organizations to manage employees in recovery is eligible for reimbursement, if provided by an individual or organization as outlined below.

a.  An individual or organization must hold one of the following substance credentials:

1.    Substance abuse professional (SAP);

2.       Certified employee assistance professional (CEAP);

3.       Licensed chemical dependency counselor (LCDC, LCDC II);

4.       Licensed independent chemical dependency counselor (LICDC);

5.       Ohio certified prevention specialist (OCPS I and II);

6.       Certified medical review officer (MRO);

7.       Licensed professional counselor (LPC);

8.       Licensed psychologist;

9.       Licensed independent social worker (LISW);

10.   Licensed practical nurse (LPN), Bachelor of Science in Nursing (BSN) or Master of Science in Nursing (MSN) with a degree specialization in substance abuse;

11.   Substance Abuse Professional Administrator Association (SAPAA) certified;

12.   Any other comparable credential within the substance abuse field that is determined equivalent by BWC;

13.   A person with equivalent experience in the substance field within the past five years as evaluated by BWC; or

14.   An accredited university, community college or other post-secondary educational institution in Ohio with a substance abuse training curriculum.

b.    Reimbursable training costs. BWC permits reimbursement for the following training expenses:

1.       The actual cost, up to a maximum of $300 per hour for two hours ($600 maximum), of initial supervisor training;

2.       The actual cost, up to a maximum of $300 per hour for two hours of monthly ongoing training ($600 maximum), for up to one year ($7,200 maximum);

3.       The actual cost of annual online refresher training with a knowledge assessment quiz, up to a maximum of $30 per supervisor with a maximum total of $1,200 per employer; or

4.       The actual cost for a webinar, at least one hour in length, as an annual refresher training provided by a qualified professional in Section IV.D.2.a., up to a maximum of $300.

c.    Non-reimbursable indirect costs. BWC does not permit reimbursement for the following expenses:

1.       In-house training staff;

2.       Consultant, broker, third-party administrator (TPA), or consortium participation fees;

3.       Salaries or wages for staff conducting training;

4.       Charges for education or training, such as duplicating costs, room rental, equipment rental or purchase, or food; or

5.       Employee-assistance expenses related to assessment or treatment services.

d.    Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

E.       Resolution of complaints.

1.       Employer complaints regarding eligibility criteria determinations as contained in Section IV.B. of this policy are processed under the General Employer Complaint Policy.

2.       BWC has not identified any program-specific extenuating circumstances that apply to the Substance Use Recovery and Workplace Safety Program.

 


 

Appendix A

Reporting Requirements

 

ADAMH boards must report, at least quarterly, the following information to BWC:

A.      Number of employers contacted to educate about services.

B.      Number of employers who have agreed to participate.

C.      Training reimbursement data required for each employer includes:

1.       Employer name and policy number;

2.       Total reimbursement for training;

3.       Number of managers and supervisors trained;

4.       Participants’ names and job titles; and

5.       Training vendor(s).

D.      Drug testing reimbursement data required for each employer includes:

1.       Employer name and policy number;

2.       Total reimbursement for drug testing;

3.       Number of employees tested; and

4.       Testing results (total passed/total failed) of employees, by reason for the drug test, including

a.    Pre-employment,

b.    Random,

c.    Confirmatory,

d.    Reasonable suspicion,

e.    Post-accident, and

f.     Return-to-duty.

E.       Quarterly reporting by each employer to the ADAMH board of the following information:

1.       Number of employees in recovery retained to date;

2.       Number of employees in recovery promoted within the company; and

3.       Number of employees in recovery removed from employment.

 

F.       Previously awarded funding remaining available for future disbursement.


 

Appendix B

Reimbursable Expenses Chart

 

Substance Use Recovery and Workplace Safety Program component

What will ADAMH reimburse*

Drug testing

 

Drug screenings for eligible employees.

Actual cost of pre-employment, post-accident, random, reasonable suspicion, and return-to-duty testing, using CPT 80307, not to exceed the BWC fee schedule

 

Actual cost for confirmatory testing, using HCPCS code G0481, not to exceed the BWC fee schedule

Supervisor training**

 

Initial supervisor training

Actual cost up to a maximum of $300 per hour for two hours ($600 maximum) of initial supervisor training

Supervisor training**

 

Monthly ongoing training.

Actual cost up to a maximum of $300 per hour for two hours of monthly ongoing training ($600 maximum), for up to one year ($7,200 maximum)

Supervisor training**

 

Annual online refresher training with a knowledge assessment quiz.

Actual cost up to a maximum of $30 per supervisor with a maximum total of $1,200 per employer

Supervisor training**

 

Webinar annual refresher training

Actual cost up to a maximum of $300 for a webinar at least one hour in length

*BWC will reimburse the actual cost up to the amount specified for each of the above properly documented services.

** All training must be provided by a qualified individual or organization. See Section IV.D.2.a. of the policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix C

Chain of Custody Form

Worker (donor) demographics

Name:

Contact number:

 

Address, City, State and Zip Code:

 

Date of birth:

I certify that I provided my urine specimen to the collector; that I have not adulterated it in any manner; each specimen bottle used was sealed with a tamper-evident seal in my presence; and that the information provided on this form and on the label affixed to each specimen bottle is correct.

Worker’s signature:

 

Date (mm/dd/yy):

Collection site demographics

Name:

 

Address, City, State and Zip Code:

 

 

 

Phone number:

Fax number:

To be completed by the collector

Reason for testing:      

      Pre-employment          Random        Confirmatory         Reasonable suspicion        Post-accident           Return-to-duty

Drug test to be performed:

        Amphetamines        Opiates        Cocaine        Benzodiazepines       Barbiturates       Oxycodone

        Methadone              Fentanyl         Marijuana metabolite        Hydrocodone        

       Other (specify)____________________________________________________    

Temperature within 90 and 100 F within 4 minutes of collection:         Yes          No   

 Specimen collection:        Split         Single         None provided (explain) _______________________

Additional observations:

 

Time of collection:

Date of collection (mm/dd/yy):

I certify that the specimen given to me by the donor was collected, labeled, sealed and released to the courier service noted in accordance with applicable Federal requirements.

Collector’s name (please print):

 

Signature of collector:

 

Time of specimen release:

Date of specimen release (mm/dd/yy):

Name of courier the specimen bottles were released to:  ______________________________________

To be completed by the lab upon receipt of the specimen

Accessioner’s name (please print):

 

Signature of accessioner:

 

Specimen receipt date:

Specimen bottle seal intact?          Yes       No 

Name of person specimen bottles released to:

       Negative        Positive        Dilute        

       Test cancelled       Refusal to test       Adultered        Substituted  

 Remarks: ___________________________________________________________________________

Positive for:

        Amphetamines        Opiates        Cocaine        Benzodiazepines       Barbiturates       Oxycodone

        Methadone          Fentanyl         Marijuana metabolite        Hydrocodone

Other (list):

 

Remarks: