IALCP 2012 Summit Code of Ethics - Table of Contents. IALCP Standards of Practice. CHCC Standards and Guidelines Manual AAHON Code of Ethics

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1 IALCP 2012 Summit Code of Ethics - Table of Contents IALCP Standards of Practice CHCC Standards and Guidelines Manual 2008 AAHON Code of Ethics AALNC Code of Ethics ABVE Code of Ethics 2007 ACA 2005 Ethical Code ASHA Code of Ethics CCMC Code of Conduct CDMS Code of Professional Conduct CRC Code of Ethics Ethical Principals of Psychologists and Code of Conduct IARP Code of Ethics National Association of Social Workers NBCC Code of Ethics Occupational Therapy Code of Ethics and Standards Osteopathic Code of Ethics OT Code of Ethics Physical Therapy Code of Ethics Code of Ethics for Physicians Websites for Ethics

2 Journal of Life Care Planning, Vol. 5, No. 3, ( ) Printed in U.S.A. All rights reserved 2006 Elliott & Fitzpatrick, Inc. STANDARDS OF PRACTICE FOR LIFE CARE PLANNERS I. INTRODUCTION A. Definition of Life Care Planning The Life Care Plan is a dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated cost for individuals who have experienced catastrophic injury or have chronic health care needs. B. Historical Perspective The development of a comprehensive plan of care has always been considered an integral part of the medical and rehabilitation process. This type of plan has historically been used by multiple disciplines. Rehabilitation professionals create a rehabilitation plan. Nurses develop a nursing care plan. Physicians define a medical treatment plan, and other professions develop plans specific to their practice. Pursuant to rapid growth in medical technology and an increased emphasis on the cost of care, including concepts of managed care, information regarding the specific cost of care has become an increasingly important aspect of health care. This process of developing a comprehensive plan and delineating costs has evolved over an extensive period of time and is now utilized by case managers, counselors, and other professionals in many sectors. This concept represents an acceptable and pragmatic approach to the delivery of services within myriad sectors of the health care delivery system. The concept of Rehabilitation/Life Care Plans has been utilized in a variety of health care and legal settings to provide information and documentation regarding the cost of services related to long-term care. These plans are also provided as valuable tools for rehabilitation planning, geriatric services implementation, management of health care resources, discharge planning, educational planning, and long-term managed care, among other areas. C. Transdisciplinary Perspective Life Care Planning is a transdisciplinary specialty practice. Each profession brings to the process of Life Care Planning practice standards which must be adhered to by the individual professional, and these standards remain applicable while the practitioner engages in Life Care Planning activities. Each professional works within specific standards of practice for their discipline to assure accountability, provide direction, and mandate responsibility for the standards

3 124 Standards of Practice for which they are accountable. These include, but are not limited to, activities related to quality of care, qualifications, collaboration, law, ethics, advocacy, resource utilization, and research. Moreover, each individual practitioner is responsible for following the Standards of Practice for Life Care Planning in addition to the standards for the qualifying profession. In addition, the individual practitioner must examine their qualifications as applied to each individual case. Therefore, a thorough knowledge of the medical diagnosis, disability and long-term care considerations, by virtue of education and experience, is a necessary component of the practitioner s competency for each individual case. D. Education/Preparation/Certification The Life Care Planner must: 1. Possess the appropriate educational requirements as defined by their professional standards; e.g., nurses should possess the requirements to acquire licensure, rehabilitation counselors should possess the requisite Masters Degree, and other health professionals should possess the required degree for their field. 2. Maintain current professional licensure or National Board Certification within a professional health care discipline. 3. Demonstrate completion of an accredited program in nursing or a baccalaureate or higher level educational program in a professional health care field. Fields may include, but not be limited to, nursing, rehabilitation counseling, medicine, physical, occupational or speech therapy, or psychology. 4. Demonstrate professional discipline provides sufficient education and training to assure that the Life Care Planner has an understanding of human anatomy and physiology, pathophysiology, the health care delivery system, the role and function of various health care professionals, and clinical practice guidelines and standards of care. 5. Participate in specific continuing education, required to maintain the individual practitioner s licensure or certification within their profession. 6. Obtain continuing education and/or training to remain current in the knowledge and skills in the field. II. PHILOSOPHICAL OVERVIEW / GOALS OF LIFE CARE PLANNING The Life Care Plan should be a working document that provides accurate and timely information which can be easily used by the client and interested parties. It should be a document

4 Standards of Practice 125 that can be updated and serve as a lifelong guide to assist in the delivery of health care services in a managed format. It is appropriate, if possible, for the care plan to be a collaborative effort among the various parties and should reflect goals that are preventive and rehabilitative in nature. As a dynamic document, the Life Care Plan will require periodic updating to accommodate changes and should have as its goal quality outcomes. Goals / Life Care Plans: In accordance with the professional Standards and Codes of Ethics for the various practitioners and clinicians who are able to perform life care planning, the client is considered the person with a disability or illness who receives services. In life care planning, the client is defined as the person who is the subject of the life care plan. A. To assist the client in achieving optimal outcomes by developing an appropriate plan of prevention of complications and restoration. This may include recommendations for evaluations or treatment that may contribute to the client s level of wellness or provide information regarding treatment requirements. B. To provide health education to the client and interested parties, when appropriate. C. To develop accurate and timely cost information and specificity of service allocations that can be easily utilized by the client and interested parties. D. To develop options for care that may be necessary for alternative situations. E. To communicate the Life Care Plan and objectives to the client and interested parties, when appropriate. F. To develop measurement tools, which can be used to analyze outcomes. G. To routinely develop comprehensive assessments of the projected goals of the Life Care Plan, whenever possible. III. ROLE AND FUNCTIONS OF LIFE CARE PLANNING A. Scope of practice/applications As a member of a health care profession, the Life Care Planner must remain within the scope of practice for that profession as determined by state or national bodies. The functions associated with performing Life Care Planning are within the scope of practice for health care professionals, or evidenced by assessment.

5 126 Standards of Practice Research analysis of data and evaluation of care recommendations are key elements in the functions of life care planning. In performing these elements, the Life Care Planner will communicate with a variety of health care professionals regarding a case. The Life Care Planner does not assume decision-making responsibility beyond the scope of his/her own professional discipline. B. Specialization features The Life Care Planner must have skill and knowledge in understanding the health care needs addressed in a Life Care Plan. Consultation with others and obtaining education are expected when the Life Care Planner must address health care needs that are new or unfamiliar. The Life Care Planner must be able to locate appropriate resources when necessary. The Life Care Planner provides a consistent, objective, thorough methodology for constructing the Life Care Plan, while relying on appropriate medical and other health related information, resources, and personal expertise for developing the content of the Life Care Plan. The Life Care Planner relies on state-of-the-art knowledge and resources to develop a Life Care Plan. Specialized skills are required to successfully develop a Life Care Plan. These include, but are not limited to, the ability to research, critically analyze data, manage and interpret large volumes of information, attend to details, demonstrate clear and thorough written and verbal communication skills, develop positive relationships, create and use networks for gathering information, work autonomously, and demonstrate a professional demeanor and appearance. C. Functions 1. Assessments Assessment is the process of data collection and analysis involving multiple elements and sources. a. Collects data that is systematic, comprehensive, and accurate. b. Collects data about medical, health, biopsychosocial, financial, educational, and vocational status and needs. c. Obtains information from medical records, client/family/significant others (when available or appropriate), and relevant treating or consulting health care professionals. If access to any source of information is not possible (e.g., denied permission to interview the client), this should be so noted in the report. 2. Plan Development Research The determination of content and the cost research components of Life Care Planning require a consistent, valid and reliable approach to research, data collection, analysis, and planning. The Life Care Planner: a. Determines current standards of care and clinical practice guidelines from reliable sources, such as current literature or other published sources, collaboration with other professionals, education programs, and personal clinical practice. b. Researches options and costs for care, using sources that are reasonably available to the client.

6 Standards of Practice 127 c. Considers appropriate criteria for care options such as admission criteria, treatment indications or contraindications, program goals and outcomes, whether recommended care is consistent with standards of care, duration of care, replacement frequency, ability of the client to appropriately use services/products, and care is reasonably available. d. A consistent method is used to determine available choices and costs. e. When available and/or helpful in providing clarity, classification systems (e.g. ICD- 9, CPT) are used to correlate care recommendations and costs. f. Knowledge is maintained of care standards, services and products through continuing education, literature, exhibits, etc. 3. Data Analysis a. Analyzes data to determine client needs and consistency of care recommendations with standards of care. b. Assesses need for further evaluations or expert opinions. 4. Planning a. Follows a consistent method for organizing data, creating a narrative Life Care Plan report and cost projections. b. Develops and uses written documentation tools for reports and cost projections. c. Develops recommendations for content of the Life Care Plan cost projections for each client and a method for validating inclusion or exclusion of content. 5. Collaboration a. Develops positive relationships with all parties. b. Seeks expert opinions, as needed. c. Shares relevant information to aid in formulating recommendations and opinions. 6. Facilitation a. Maintains objectivity and assists others in resolving disagreements about appropriate content for the Life Care Plan. b. Provides information about the Life Care Planning process to involved parties to elicit cooperative participation. 7. Evaluation a. Reviews and revises the Life Care Plan for internal consistency and completeness. b. Reviews the Life Care Plan for consistency with standards of care and seeks resolution of inconsistencies. c. Provides follow-up consultation to ensure that the Life Care Plan is understood and properly interpreted.

7 128 Standards of Practice 8. Testimony If the Life Care Planner engages in practice that includes participation in legal matters, the Life Care Planner: a. Acts as a consultant to legal proceedings related to determining care needs and costs. b. May provide expert sworn testimony regarding development and content of the Life Care Plan. c. Maintains records of research and supporting documentation for content of the Life Care Plan. IV. STANDARDS OF PERFORMANCE A. Ethical Ethics refers to a set of principles of right conduct, a theory or a system of moral values, or the rules or standards governing the conduct of a person or members of a profession. The primary goal of ethics is to protect clients, provide guidelines to practicing professionals, and enhance the profession as a whole. Within the Life Care Planning specialty, all practitioners are members of one or more professional disciplines and/or are licensed or certified. It is expected that Life Care Planners follow appropriate, relevant, ethical guidelines within their areas of professional practice and expertise. Life Care Planners are expected to maintain appropriate confidentiality, avoid ethically conflicting dual or multiple relationships, and adequately advise clients of the role of the Life Care Planner, and maintain competency in the profession. 1. Confidentiality: Appropriate confidentiality is a sensitive and important concept. Some professionals will have communications protected by privilege which is statutorily based in each state. For example, although no Life Care Planners are currently covered by privilege, many may be professional counselors, licensed psychologists or others who have the additional statutory protection. Litigation has the additional component of attorney work product that may have an effect on what information may be disclosed. The Life Care Planner must be thoroughly informed on this topic. 2. Dual or multiple relationships: A personal relationship with a client is not appropriate during the course of service. Developing Life Care Plans for friends, co-workers, professional colleagues, or anyone where the objectivity and professionalism of the care plan is questioned should be avoided. Serving in dual or multiple professional roles, such as case manager or treater, is permitted as long as the simultaneous roles are not used for the purpose of providing benefit to the professional (e.g., recommending continued use of the professional without justification). 3. Client advisement of role: Each client should be fully informed about the role of the Life Care Planner. For example, the client should be fully informed about who is requesting

8 Standards of Practice 129 the Life Care Plan as well as the confidentiality of communications. Also, Life Care Planners who have dual role responsibilities should clarify that the life care planning role is separate and should clarify what the limits of their participation might be. 4. Competency: The Life Care Planner is expected to accurately represent any information received for a particular case. Recommendations are to have medical, rehabilitation, psychological, and case management foundations with appropriate medical specialist and treatment team collaboration when possible, with support from medical recommendations, clinical practice guidelines, research, and other current literature. Research information that the Life Care Planner has obtained should be readily available for review and reflected within the Life Care Plan. Each case is unique and the Life Care Plan must demonstrate professional judgment in bringing together data, supporting documentation, and the individual characteristics of the person addressed within the plan. The Life Care Planner should possess knowledge of professional legal requirements including the legal principles of consent and confidentiality including HIPAA requirements. 5. Life Care Planners are professionals, from varying educational backgrounds, who maintain professional conduct when addressing opposing Life Care Plan consultants. Life Care Plan consultants should focus upon methodology of plan development, supporting documentation for recommendations and plan content. B. Research The Life Care Plan will have as its basis the Scientific Principles of medicine and health care. The involvement of the Life Care Planner in the area of research should include, but not be limited to, the following objectives: 1. The Life Care Planner will strive to identify and participate in research independently or in collaboration with others, utilizing research tools and activities that will promote quality outcomes. 2. The Life Care Planner will critique literature for application to life care planning. 3. The Life Care Planner will use appropriate research findings in the development of Life Care Plans.

9 THE COMMISSION ON HEALTH CARE CERTIFICATION STANDARDS AND EXAMINATION GUIDELINES Revised Fall, 2007 CHCC Sixteenth Printing

10 Topic Page Standards and Evaluation Guidelines... 4 Mission Statement.. 5 Goals and Objectives.. 5 Organizational Chart... 8 Test Structure and Development Guidelines Certified Disability Evaluator Test (I, II, III).. 11 Certified Life Care Planner. 14 Qualification Standards Qualified Health Care Professional 16 Standards for Training in Life Care Planning CDE and CLCP Examination Research 22 Test Administration and Scoring Standards.. 23 Certified Disability Evaluator Test (CDE) Certified Life Care Planner (CLCP) Certification Maintenance and Review. 25 Options for Renewal.. 26 Focus Areas 26 Procedures for Renewal. 27 Sources of Continuing Education.. 28 Documentation Extensions.. 29 Appeals.. 30 Fee Information P age

11 Topic Page Testing Aides and Prep Courses 30 Confidentiality Policy.. 31 National Compliance 32 Code of Professional Ethics. 33 Principles and Associated Rules.. 35 Guidelines and Procedures for Processing Ethical Complaints Appeals Process 47 Commissioners. 48 Executive Director 50 References 51 3 P age

12 THE COMMISSION ON HEALTH CARE CERTIFICATION STANDARDS AND EXAMINATION GUIDELINES The Commission on Health Care Certification (CHCC) was established originally as the Commission on Disability Examiner Certification (CDEC) in 1994 in response to the health care industry's need for certified clinical examiners in impairment and disability rating practices. The CDEC expanded rapidly over its first 8 years such that its name was updated in the Spring of 2002 to that of the CHCC. The name-change was necessary since the CDEC was offering certifications into other specialty areas of rehabilitation by 2001, and a more generic reference was required under which each of its 3 certification credentials as well as future credentials could be classified. Credentialing in the specialty area of impairment rating and disability examination evolved as a result of meetings with allied health care providers around the country in the early 1990's. Issues were discussed that focused primarily on clinical examiner credentials, validity and reliability of rating protocol, and the establishment of a testing board to oversee the impairment rating and disability examining credentialing process. The resulting credential is the Certified Disability Examiner (CDE) with three levels that allow for the inclusion of all professionals who are involved in measuring functional performance of persons reporting impairment or disability. The Commission on Health Care Certification awards the Certified Disability Examiner I, II, and/or III (CDE I, II, III) credential to persons who have satisfied the educational program requirements and training standards established by the National Association of Disability Evaluating Professionals (NADEP), with all classroom instruction currently offered at regional locations around the country. The Commission has broadened its influence in the medical and rehabilitation marketplace through its research and development of a certification program in life care planning and related catastrophic case management. Currently, comprehensive training programs in life care planning have evolved to respond to this need for life care planning services as applied to catastrophic cases. Vocational/medical rehabilitation case managers and rehabilitation nurses have established themselves as consultants and case managers in these catastrophic cases and often detail the medical and rehabilitation needs of catastrophically disabled persons. Thus, the Commission developed the Certified Life Care Planner (CLCP) credential in response to the rapid growth and influence of case management in catastrophic disabilities and managed care in today's health care insurance industry. Validity and reliability research of the CLCP credential has been completed through Southern Illinois University, and is based specifically on the roles and function of case managers and rehabilitation nurses who provide this service as part of their case management structure. There is little literature in the professional journals that addresses life care planning, and the Commission's research goals of identifying and establishing the background, education, and experience criteria required to competently develop life care plans have been achieved. 4 P age

13 The third credential developed by the CHCC is the Medicare Set Aside Consultant - Certified (MSCC). This credential evolved out of the need for proper assignment of medical benefits when a private insurance benefit program and Medicare are involved. A Medicare setaside trust (MSA) sets aside a portion of a settlement to privately pay for medical bills that Medicare would otherwise be required to pay. These funds serve as the primary payer, making Medicare the secondary payer. When the trust is exhausted, the claimant is eligible for Medicare benefits. Setting up such a trust is complex and involves discovery of any conditional payments by Medicare, identification of affected claims, assessment of appropriate set-aside arrangements, preparation and submission of a detailed proposal to the Centers for Medicare and Medicaid Services (CMS), and all necessary follow-up to gain CMS approval and plan for administration of the trust. An MSA Allocation is simply an accurate projection of the lifetime future medical costs covered by Medicare, and is usually applied to persons who have sustained severe incapacitating injuries resulting in significant disability. Given the growth of settlement needs involving Medicare, life care planners, case managers, insurance claims managers, and attorneys have adopted MSA service delivery as part of their repertoire of business services. As a result there has been a strong influx of professionals requesting certification and some regulation in this specialty service area, and the CHCC has responded with the MSCC credential. Current projects include credentials for geriatric case management and risk management. The CHCC is working with the Department of Continuing Education, University of Florida Gainesville, regarding a certification in geriatric case management, the Certified Elder Care Manager (CECM), and risk management, the Certified Healthcare Risk Manager (CHRM). These credentials are scheduled for release in February of Mission Statement The mission of the CHCC is to oversee the examination of clinical practitioners for certification in impairment rating and functional capacity evaluation, life care plan developers in developing life care plans, and Medicare set aside trust analysts, thus requiring the CHCC to provide ongoing test item development, test reliability and validity research, and test administration/scoring for all certification groups. Goals and Objectives The Commission on Health Care Certification (CHCC) is dedicated to the development and administration of well researched, standardized tests designed to measure the clinical examiner's working knowledge and demonstration of the NADEP Work Disability Evaluation model, and the working knowledge of life care plan development of consultants and case managers, and in developing Medicare Set-aside trusts. To achieve its mission, the CHCC has established the following goals: Develop a national test which measures the clinical practitioner's working knowledge of disability and impairment rating practices as applied to the NADEP evaluation model. 5 P age

14 Develop a national test which measures the life care planner's working knowledge of medical systems, associated disabilities, and treatment/maintenance protocol required to sustain life within an acceptable comfort level. Develop a national test which measures the Medicare Set-aside trust analysts' working knowledge of the Medicare benefit system and the specific provisions allowed in trust development mandated by the Medicare Secondary Payer (MSP) statute of 1980, the Center for Medicare and Medicaid Services (CMS) July 2001 Policy Memorandum, and ongoing policy development by the CMS for Medicaid set-aside trusts development and application. Conduct ongoing research in terms of test-item validity and reliability. Such research will ensure that both tests measure what they purport to measure and that the items are a fair representation of the knowledge required to measure impairment and disability and to develop life care plans. Administer the examination within 6 weeks of (a) a clinical examiner completing the NADEP educational/training requirements necessary to sit for the CDE examination, (b) life care planner completing the required and approved training necessary prior to sitting for the CLCP examination, and (c) the Medicaid set-aside trust analyst completing the necessary training to sit for the MSCC examination. This will ensure that minimal delays will incur for a qualified candidate to achieve certification status upon completion of required courses. Procure qualified Commissioners to sit on the Board of Examiners to represent all CDE, CLCP, and MSCC candidates and certified professionals. Disseminate test scores within a six week period after receiving the test from the respective Certified Disability Examiner (CDE), Certified Life Care Planner (CLCP), and Medicaid Set-aside Consultant Certified (MSCC) candidates. Establish and monitor recertification policies to measure continued competence and/or to enhance the continued competence of the Certified Disability Examiner, Certified Life Care Planner, and the Medicaid Set-aside Consultant Certified (MSCC) The CHCC recognizes that certain objectives must be met in order to achieve the above goals. The objectives are detailed as follows: To appoint qualified health care practitioners as Commissioners to sit on the Board of Examiners regarding CDE, CLCP and MSCC test review and development. The represented specialty areas include Kinesiology and Exercise Physiology, Orthopaedic, 6 P age

15 Chiropractic, Physical Medicine and Rehabilitation, Physical Therapy, Occupational Therapy, Pain Medicine, Rehabilitation Nursing, University Studies, Vocational Evaluation, Case Management, Psychology, Research Design and Statistics, Rehabilitation Nursing, and Life Care Planning. To disseminate the examinations to all Commissioners for periodic review and comments. To solicit the assistance of other Commissioners in researching the validity and reliability of the examinations, incorporating appropriate research design and statistics. The Commissioner term of service is for a 5-year period. The Commission on Health Care Certification requires that persons appointed as Commissioners meet the following criteria. Completed a minimum of 48 hours of post-graduate training in functional capacity evaluation, impairment rating, and/or independent medical examination, and 30 hours in Medicaid set-aside trusts. Hold a current license in their respective field. If licensure is not required within the specialty field, then the individual must hold certification common to the respective field of specialty or meet all state legal mandates to practice service delivery for the field of specialty in which the clinician is trained. Clinicians who have been asked to serve as commissioners for the CDE credential must complete the mandatory courses offered by NADEP and pass the CHCC certification exam, and those clinicians asked to serve as Commissioners for the CLCP and MSCC credentials must have taken and passed the CLCP and MSCC examinations respectively. The CHCC is required to have in place a clinical practitioner designated as the Executive Director, appointed by the CEO and whose responsibilities include the following: Accept and process communications from the certified professionals who may have issues or concerns regarding certification policy Assemble review committees from respective Commissioners to address communications received from the field. Represent the CHCC at conferences and participate in discussion panels regarding certification issues Communicate directly with certified individuals regarding their stated issues, concerns, or inquiries 7 P age

16 Advise CEO of status of certified community in terms of topical issues and resolution strategies Advise CEO of Commissioner appointments The CHCC's field communications regarding issues and concerns are managed by the Commissioners who are under the auspices of the Executive Director, who appoints Commissioner Boards to address the issues depending on the area of certification. The Executive Director appoints Commissioners based on input and review from the current Commissioners as stated in the By-Laws. The service term of each commissioner is not to exceed a 5-year period, and any Commissioner may be removed from office at any time by a majority vote of the Board of Directors, or at a meeting called expressly for that purpose by a majority vote of the other Commissioners. Any Commissioner may be removed by a majority vote of the other Commissioners. Organizational Chart The CHCC relies on the participation of its appointed commissioners to address concerns and issues propagated by the certified health care professionals of the respective certification specialty area. The process in which issues and concerns are addressed involves the following protocol: 1. Issue or concern is received by the main office, or by the Executive Director. 2. Executive Director is notified of communication with certified professional, if the Executive Director had not received such communication initially. 3. Executive Director assembles Commissioners from respective area of certification specialty to discuss the communication. 4. Executive Director chairs the committee meeting that addresses the communication, and is charged with writing the final opinion. 5. The Executive Director communicates the opinion verbally to the person who communicated with the office initially, and forwards the written opinion to the individual on CHCC letterhead as well. The Chief Executive Officer (CEO) does not have any input into the decision making process of the commissioners regarding their discussions on individual issues and concerns. The role of the CEO is primarily business related in terms overseeing the daily operations of the CHCC, which may include but not limited to presiding at all meetings of the Board of Directors and the Board of Commissioners as a whole and not regarding practice issues or concerns, 8 P age

17 responsible for the general and creative management of the Corporation, ensuring that all orders and resolutions of the Board of Directors and Board of Commissioners are carried into effect, and acting as Administrator. Furthermore, the CEO executes on behalf of the Corporation all legal documents and affixes or causes the seal to be affixed to all instruments requiring such execution, except to the extent of the signing and executing thereof shall be expressly delegated by the Board of Directors or some other officer or agent of the Corporation. Finally, the CEO does not have any input regarding test-item development among the commissioners, which is a major role that each commissioner assumes for their specialty area. The Executive Director is responsible for ensuring that opinions from committees overseeing such communications from the field are without bias and or concerns of business management. 9 P age

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19 Test Structure and Development Guidelines Certified Disability Examiner Test (CDE) The CHCC understands the multitude of disciplines involved in measuring impairment and disability. Therefore, it designed the test for all allied health care providers, grouping specialties by categories. This grouping is based on educational/training focus and does not represent a ranking based on ability or status. The categories are listed below. Category I - All physicians designated as primary care providers, sub-specialists, or specialists in the administering of medical, dental, and/or chiropractic related services. Specific physician groups include medical doctors (M.D.), osteopathic physicians (D.O.), dental surgeons (D.D.S.), and chiropractors (D.C.). Category II - All persons who provide assistance to physicians in the treatment of injured persons, and/or whose practice is involved with providing symptom relief and function restoration through modality and therapeutic applications. These specialties include physical therapists, occupational therapists, speech pathologists, kinesiologist, physiologists, psychologists, and doctoral level vocational evaluators. Category III - All persons who are influential in the outcome of the injured person's disability litigation, and include vocational evaluators, vocational case managers, rehabilitation nurses, and rehabilitation counselors. These individuals may assume various roles in the disability litigation process, such as performing functional capacity evaluations, labor market analyses, assisting in the placement of the injured worker back into the labor market, psychometric testing, and managing the medical care/costs associated with the respective disability case. The examination is structured such that the examinee is required to demonstrate a working knowledge of research and resource utilization, as well as to demonstrate one's examination skills applied to the NADEP model. The written examination consists of two case studies which are presented with varying orthopaedic and psychological problems. The examinee is required to respond to a series of inquiries about different aspects of the cases, and a review of the literature is required for each inquiry response. Each of the categories identified above will have its own set of inquiries, with some crossover between categories since the material is directly related to the classroom content of the core courses. Thus, examinees are required to review the literature to respond to the inquiries, and apply their responses to fit the NADEP clinical examination protocol. All inquires are developed by the Commissioners, and the Commissioners have the final approval of the examination content and list of inquires before dissemination to the qualified certification candidates. Topics in which one's knowledge and expertise are measured on the written examination include: Medical Diagnoses/Correlates to Disability Psychological Disorders and Correlates to Disability 11 P age

20 Examination Tools, Instruments, and Work Sample Selection and Utilization Legislation Impacting Evaluation Protocol Report Writing and Results/Performance Interpretation. Practice Theory and Concepts The CHCC identified specific competency areas in functional capacity evaluation and impairment rating service delivery through research it sponsored at Southern Illinois University. Washington, Taylor, May and Rubin (1996) documented three primary competencies with related sub-competencies that now comprise the standards the CHCC has adopted for the specialized service area of functional capacity evaluation and impairment rating. The standards (competency areas) of which certification candidates as well as Certified Disability Examiners are expected to meet include the following: I. Assessment of Physical and Cognitive Tolerance a. Support evaluation-based conclusions with necessary research documentation in the professional literature. b. Determine the functional abilities of the examinee. c. Gain the examinee's commitment to give maximum effort. d. Interpret results of the functional capacity evaluations e. Evaluate the injured worker's tolerance for repetitive work tasks. f. Identify evaluation instruments and techniques according to appropriateness for a particular diagnosis/condition of the examinee. g. Measure examinee's manual dexterity. h. Assess lifting capacity of the examinee and evaluate stooping, kneeling, crawling, carrying, and push/pull. i. Evaluate sitting/standing posture tolerances of the examinee. j. Assess examinee's physical capacity on simulated work tasks. k. Evaluate upper extremity coordination of examinee. l. Assess lifting stamina of the examinee. m. Evaluate walking tolerance of the examinee. n. Measure examinee's finger dexterity. o. Evaluate manual materials handling capability. p. Assess examinee's cognitive capacity on simulated work tasks. q. Evaluate balancing ability of the examinee. r. Evaluate posture tolerances of the examinee. s. Use simulated work tasks to determine current work tolerance. t. Conduct reach testing of the examinee. u. Conduct job analysis if necessary. v. Confront examinee regarding test results if necessary. 12 P age

21 w. Administer ADL checklist to examinee. x. Explain results of functional capacity evaluation to examinee and other parties invested in the claimant's case. II. Intake Information Collection and Processing a. Develop concise written report to referring party in a manner understandable to all possible readers. b. Carefully document all facts and results in objective, operational, specific terms. c. Identify problems with consistency of effort. d. Review and interpret examinee's medical records. e. Examine fit between physical capacity of examinee and physical demands of the job. f. Identify job modifications necessary for examinee to return to work. g. Provide a comparison of examinee's pre-injury and post-injury job options. h. Develop a rapport with the examinee. i. Solicit examinee's perception of current health status. j. Assess demands of the specific job in specific environment to establish information regarding body mechanics, temperature, and other environmental factors. k. Document examinee's primary health concerns in his/her own words. l. Obtain detailed work history form the examinee and match with Department of Labor data. m. Identify available job options that are compatible with the examinee's skills. n. Evaluate the general employability behaviors of the examinee. o. Identify work behavioral problems. p. Identify vocational needs. q. Rank order examinee's health problems in order of significance for capacity to work. r. Assess psychosocial adjustment of examinee. s. Consult with all health care providers and vested parties in the claimant's case. t. Obtain examinee's social, family, and educational histories for the examinee. III. Neurological and Orthopaedic Evaluation a. Determine if examinee is magnifying symptoms. b. Conduct general evaluation of musculoskeletal system pathology of examinee. c. Conduct neurological examination of examinee's coordination, strength, and reflexes. d. Measure extremity joint range of motion (ROM). e. Evaluate active movement of examinee's trunk and shoulders. f. Evaluate joint ROM of the examinee. g. Conduct a musculoskeletal evaluation of the examinee's strength. 13 P age

22 h. Evaluate pathology (injury/disease process) of the injured worker. i. Conduct sensory and motor neurological evaluation of the examinee. j. Provide expert witness testimony if necessary. k. Conduct orthopaedic examination of examinee including inclinometer and goniometer ROM testing. l. Measure spine ROM. m. Determine neurological causes of examinee's strength deficits. n. Evaluate muscle strength. o. Conduct neurological evaluation of examinee's spinal and peripheral tracts. p. Assign rating to physical impairment of examinee. q. Measure flexibility of the examinee. r. Conduct gait analysis of the examinee. s. Document chief complaints of examinee with commercial pain indexes. t. Conduct static-isometric consistency tests with examinee. u. Collect and monitor vital data of examinee during functional tests, to include heart rate and blood pressure. The practicum component of the examination requires the examinee to evaluate two patients normally seen in his or her daily practice. The subsequent evaluation report is submitted to the Commission for review and scoring. The report content is reviewed to determine how well the report follows the protocol of the NADEP model, and to determine that the examinee understands the principles of this examination model. The CHCC requires that two patients be evaluated and two reports submitted for review. The higher score of the two reports is applied to the total examination score. If any test scores are challenged or questioned by the examinee, the examination is submitted to the Commissioner who has similar degree status and background training for a full review of the scoring process. Certified Life Care Planner Test (CLCP) The CHCC understands the required consistency of training among case managers and consultants who provide life care planning services. Therefore, the CHCC offers a generic certification without reference to specialty areas of training or a candidate's achieved degree level. The CHCC requires the following criteria to be met by all candidates in order to qualify to sit for the examination: Each candidate must have a minimum of 120 hours of post-graduate or postspecialty degree training in life care planning or in areas that can be applied to the development of a life care plan or pertain to the service delivery applied to life care planning. There must be 16 hours of training specific to a basic orientation, methodology, and standards of practice in life care planning within the required120 hours. The 120 hours may be obtained through online training/educational programs as well as onsite presentations and conferences. 14 P age

23 Additionally, the following educational components by a CHCC approved CLCP program are required: 1. Life Care Planning Methodology (16 credit hours) 2. A course (module) in Catastrophic Case Management (of choice) 3. Vocational Rehabilitation Module. 4. Legal component in life care planning with an onsite testimony/trial experience. 5. Competency - preparation of a life care plan to be reviewed by an approved CLCP program or the CHCC. Applicants should have a minimum of 3 years' field experience within the 5 years preceding application for certification. Final approval of any applications with ambiguity regarding experience will be left to the discretion of the Commissioners following a thorough review of the respective applications. The opinion of the Commissioners is final. Training hours acquired over a time frame of 5 years from the date of application are counted as valid for consideration. Documentation of such coursework and participation verification is required in the form of attendance verification forms and/or curriculum documentation from the training agency. Each candidate must meet the minimum academic requirements for their designated health care related profession, and be certified, licensed, or meet the legal mandates of the candidate's respective state that allow him or her to practice service delivery within the definition of his or her designated healthcare related profession. However, final approval of any applications with ambiguity regarding training and/or experience will be left to the discretion of the Commissioners following a thorough review of the respective applications. The opinion of the Commissioners is final. Each candidate must satisfy an experience component in one of the following options: Submit one (1) life care plan with candidate's name displayed as author or coauthor. Supervision of one (1) year with a Certified Life Care Planner. Supervision is to be registered for approval and submission of quarterly supervision summaries are required detailing dates of meetings and a summary of discussions. Graduation from an accredited training program which includes practicum or internship, or which requires the development of an independent life care plan for review and critique by a faculty member who is a Certified Life Care Planner (CLCP). 15 P age

24 Each candidate must hold the entry level academic degree or certificate/diploma for their profession. Currently, research is being conducted to determine the efficacy of requiring a minimum academic degree of a B.A. or B.S. in a related field, with results expected by early Qualified Health Care Professional The CHCC does not discriminate against any applicant for CLCP certification because of race, color, religion, creed, age, gender, national origin or ancestry. However, the CHCC reserves the right to reject an application based on one's documented professional misconduct, a history of licensure or certification revocation, or convictions related to criminal misdemeanors or felony charges. The designation of a health care professional must be specific to the care, treatment, and/or rehabilitation of individuals with significant disabilities and does not include such professions as attorney, generic educators, administrators, etc., but does include such professions as counseling and special education with appropriate qualifications. This designation of qualified healthcare professional is based on a background of education, training, and practice qualifications. A background of only experience and/or designated job title are not accepted as a qualified health care professional for this credential. Completion of training in life care planning, experience developing life care plans, or being qualified in the court system would not provide credential qualification without meeting the criteria for a qualified health care professional. Due to their unregulated status or professional status that varies among states, the following is offered as clarification for qualified status regarding the following professionals: Rehabilitation Counselor - CRC Case Manager - CCM Counselor - NCC, CRC, or State License or State Mandate to Practice Psychologist - State License or State Mandate to Practice Special Education - Undergraduate or Graduate Degree in Special Education Social Worker - MSW or State License in Social Work Nursing with an emphasis in rehabilitation - under graduate or graduate degree in nursing Regarding graduate students holding a graduate degree, they may be deemed qualified provided they hold a graduate degree from an accredited program with a focus in rehabilitation in one or more of the following areas: 16 P age

25 Counseling Case Management Psychology Life Care Planning Completion sub-criterion "b" of the third "bullet" criteria as stated above Persons holding licensure designations as "technicians" or "assistants", to include but are not limited to Physical Therapy Assistants (PTA), Occupational Therapy Assistants (OTA), Dental Hygienists, Emergency Medical Technicians (EMT), Nursing Assistants or Certified Nursing Assistants, Massage Therapists, Licensed Practical Nurses (LPN's), are excluded from qualifying to sit for the CLCP or CDE credential. However, any person meeting the above definition of a health care professional, but who also carries a "technician/assistant" title will be eligible to sit for the examination (e.g., a EMT who is a licensed RN). Certified Life Care Planner Expertise/Skill Standards: Standards outlined in this section in life care planning have been adopted by the CHCC from those established by the University of Florida - Gainesville, authored by Dr. Horace Sawyer, Department Chairperson, and Department of Rehabilitation Counseling. Based on its own interpretation of these standards with direct application to the field, the Commission on Health Care Certification postulates that life care plan development involves data collection, resource development and planning strategies in an interdisciplinary rehabilitation environment. Such an innovative, interdisciplinary approach allows for valid documentation of the needs of catastrophically injured individuals and projects the costs of needed services, treatment, and equipment over the individual's life-span. To competently develop a life care plan, the CHCC expects those persons who provide this service and who are interested in becoming certified in this specialty area to be skilled with expertise in research, development, coordination, integration, interpretation, and management of life care plans for catastrophic disabilities. Certification candidates are expected to demonstrate completion of a minimum of 120 hours of approved training complying with the following standards. Standards for Training in Life Care Planning The CHCC reviews training programs to determine if the training content has any application to life care planning service delivery. It does not accredit nor approve any training or educational programs that may be applied specific to the CLCP examination. Rather, the CHCC charges a review fee to all entities requesting coverage of their CEU's for application to the Certified Life Care Planner credential, whether the entity meets the approval criteria or is rejected. The Commission on Health Care Certification reviewed the practice content areas of life care planning delineated by Dr. Paul M. Deutsch and Dr. Horace Sawyer, and published in The Guide to Rehabilitation, White Plains, New York: Ahab Press, The University of 17 P age