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Policy Name:
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Substance Use Recovery and Workplace Safety Program
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Code/Rule Reference:
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Chapter 4123 of the Revised Code;
OAC 4123-17-14;
and OAC 4123-6-08.
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Effective Date:
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July 1, 2019
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Approved:
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John E. Logue, Chief of Strategy
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Origin:
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Strategic Initiatives
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Supersedes:
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N/A
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History:
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New Policy Issued September 19, 2019.
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Review Date:
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July 1, 2020
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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
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Substance Use Recovery
and Workplace Safety Program component
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What will ADAMH reimburse*
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Drug
testing
Drug
screenings for eligible employees.
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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
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Supervisor
training**
Initial
supervisor training
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Actual cost up to a maximum
of $300 per hour for two hours ($600 maximum) of initial supervisor training
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Supervisor
training**
Monthly
ongoing training.
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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)
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Supervisor
training**
Annual online
refresher training with a knowledge assessment quiz.
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Actual cost up to a maximum
of $30 per supervisor with a maximum total of $1,200 per employer
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Supervisor
training**
Webinar
annual refresher training
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Actual cost up to a maximum
of $300 for a webinar at least one hour in length
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*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.
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Appendix C
Chain of
Custody Form
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Worker (donor) demographics
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Name:
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Contact
number:
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Address,
City, State and Zip Code:
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Date
of birth:
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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.
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Worker’s
signature:
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Date
(mm/dd/yy):
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Collection site demographics
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Name:
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Address,
City, State and Zip Code:
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Phone
number:
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Fax
number:
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To be completed by the collector
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 Reason
for testing:
Pre-employment Random Confirmatory Reasonable
suspicion Post-accident Return-to-duty
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Drug
test to be performed:
Amphetamines Opiates Cocaine Benzodiazepines
Barbiturates Oxycodone
Methadone Fentanyl Marijuana metabolite Hydrocodone
Other (specify)____________________________________________________
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Temperature
within 90 and 100 F within 4 minutes of collection: Yes
No
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Specimen
collection: Split Single None provided (explain)
_______________________
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Additional
observations:
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Time
of collection:
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Date
of collection (mm/dd/yy):
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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.
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Collector’s
name (please print):
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Signature
of collector:
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Time
of specimen release:
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Date
of specimen release (mm/dd/yy):
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Name
of courier the specimen bottles were released to:
______________________________________
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To be completed by the lab upon receipt of the specimen
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Accessioner’s
name (please print):
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Signature
of accessioner:
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Specimen
receipt date:
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Specimen
bottle seal intact? Yes No
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Name
of person specimen bottles released to:
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Negative Positive Dilute
Test cancelled Refusal to test Adultered Substituted
Remarks:
___________________________________________________________________________
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Positive
for:
Amphetamines Opiates Cocaine Benzodiazepines
Barbiturates Oxycodone
Methadone Fentanyl Marijuana metabolite Hydrocodone
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Other
(list):
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Remarks:
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