Sec. 507. Disability management review; independent medical examinations
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Section 8123 is amended by adding at the end the following: In this subsection— the term covered employee means an employee who is in continuous receipt of compensation for total disability under section 8105 for a period of not less than 6 months; and the term disability management review process means the disability management review process established under paragraph (2)(A). The Secretary of Labor shall— establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee; and promulgate regulations for the administration of the disability management review process.
Under the disability management review process, the Secretary of Labor shall periodically require covered employees to submit to physical examinations under subsection
(a)by physicians selected by the Secretary. A physician conducting a physical examination of a covered employee shall submit to the Secretary a report regarding the nature and extent of the injury to and disability of the covered employee. The regulations promulgated under paragraph (2)(B) shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee. An initial physical examination shall be conducted not more than a brief period after the date on which a covered employee has been in continuous receipt of compensation for total disability under section 8015 for 6 months. After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years. The agency or instrumentality employing an employee who has made a claim for compensation for total disability under section 8105 may at any time submit a request for the Secretary of Labor to promptly require the employee to submit to a physical examination under this subsection. A request under subparagraph
(A)shall be made on behalf of an agency or instrumentality by— the head of the agency or instrumentality; the Chief Human Capital Officer of the agency or instrumentality; or if the agency or instrumentality does not have a Chief Human Capital Officer, an officer with responsibilities similar to those of a Chief Human Capital Officer designated by the head of the agency or instrumentality to make requests under this paragraph. A request under subparagraph
(A)shall be in writing and accompanied by— a certification by the officer making the request that the officer has reviewed the relevant material in the employee’s file; an explanation of why the officer has determined, based on the materials in the file and other information known to the officer, that requiring a physical examination of the employee under this subsection is necessary; and copies of the materials relating to the employee that are relevant to the officer’s determination and request, unless the agency or instrumentality has a reasonable basis for not providing the materials. If the Secretary of Labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall promptly require the physical examination of the employee. A physical examination under this subparagraph shall satisfy the requirement under paragraph (4)(B)(i) that an initial physical examination be conducted. If the Secretary of Labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph (4)(B)(i), the Secretary shall— review the request and the information, explanation, and other materials submitted with the request; and determine whether to require the physical examination of the employee who is the subject of the request. If the Secretary determines not to grant a request described in clause (i), the Secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied. .