24.29.1807    RESPONSIBILITIES OF THE INSURER

(1) Each insurer shall adopt a SAW/RTW policy and submit a current, complete copy of the policy to the department. The insurer shall provide the department with all SAW/RTW policy updates a minimum of ten business days in advance of implementation of policy change.

(2) The insurer shall designate a single point of contact with authority to coordinate all department requests for SAW/RTW assistance for injured workers and shall provide the department with written notice of the contact person's name or position title, telephone number, email address, and mailing address. When contact information changes, the insurer shall update the department a minimum of ten business days in advance of the change.

(3) When a request for SAW/RTW assistance is made directly to the insurer prior to the insurer's acceptance of liability for a claim, the insurer may elect to provide SAW/RTW assistance to the injured worker or it may refer the injured worker to the department for assistance.

(4) When a request for SAW/RTW assistance is made directly to the insurer and the insurer declines to provide SAW/RTW assistance the insurer shall notify the injured worker and the department in writing within three business days of a request for assistance.

(5) After the department has initiated SAW/RTW assistance to an injured worker, the insurer shall notify the department in writing within three business days of the insurer's acceptance or denial of liability for an injured worker's claim.

(6) For notice purposes, the department's contact information is:

(a) via email, dlisawrtw@mt.gov;

(b) via fax machine, (406) 444-4140;

(c) via U.S. mail, SAW/RTW Assistance Program, P.O. Box 8011, Helena, MT 59604-8011; or

(d) via the street address is Employment Relations Division, Beck Building, 1805 Prospect Avenue, Helena, Montana.

(7) Notice sent by U.S. mail must be postmarked within the three business days required by this rule.

(8) The insurer shall report the outcome of SAW/RTW assistance to the department, using the department outcome reporting form, within 30 business days of the earliest of:

(a) the return to work start date;

(b) the termination of SAW/RTW services; or

(c) the injured worker's attainment of maximum medical improvement.

 

History: 39-71-203, 39-71-1051, MCA; IMP, 39-71-105, 39-71-1014, 39-71-1031, 39-71-1042, MCA; NEW, 2012 MAR p. 1357, Eff. 7/13/12.