SECTION 15. INJURIES AND DISABILITIES
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00530R000701780016-7
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
26
Document Creation Date:
December 23, 2016
Document Release Date:
March 13, 2013
Sequence Number:
16
Case Number:
Publication Date:
August 22, 1985
Content Type:
REGULATION
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PART I
15-1
SECTION 15. INJURIES AND DISABILITIES
EMPLOYEE COMPENSATION MATTERS (FEDERAL EMPLOYEES'
COMPENSATION ACT)
- 15-1.1 Coverage
The Federal Employees' Compensation Act (FECA) *(Title 5, USC,
(018101 and following) provides compensation and medical care for all civil
officers and employees of all branches of the Government of the United States
(including instrumentalities of the United States wholly owned by the United
States) for disability due to personal injuries sustained while in the
performance of duty. The term -injury" includes, in addition to injury by
accident, a disease proximately caused by the employment. The law also
provides for the payment of funeral and burial expenses and compensation for
the dependents if the injury or disease causes the employee's death. The FECA
is also applicable to Federal employees while serving as Federal petit or
grand jurors and while-serving as members of the Reserve Officers' Training
Corps and certain other groups, a listing of which is maintained by the
Department of Labor. The FECA is administered by the Office of Worker
Compensation Programs (OWCP), United States Department of Labor.
15-1.1.1 Notice of Injury
An employee is required to give his/her official superior
(supervisor) written notice of injury in the performance of duty. Compensa-
tion may be denied if notice of injury is not given or if the supervisor does
not have actual knowledge of the injury. The applicable[Form]CA-1 or CA-2 is
used. All employee compensation matters must be submitted to FBIHQ. FBIHQ
forwards compenSation cases and related material to OWCP which has the
adjudication responsibility.
15-1.1.2 Medical Care
An injured employee is entitled to first aid and medical care for
the injury; this includes hospital care when needed. The medical care may be
provided by any nearby duly qualified physician or hospital of the employee's
choice. When travel is necessary to receive medical care, the injured
employee may be furnished transportation and may be reimbursed for travel
and incidental expenses.
15-1.1.3 Traumatic Injuries
A traumatic injury is defined as a wound or other condition of the
body caused by external force, including stress or strain. The injury must be
identifiable as to time and place of occurrence and member or function of the
body affected and be caused by a specific event or incident or series of
events or incidents within a single day or work shift. Traumatic injuries are
distinguished from occupational disease or illnesses in that the latter are
produced by systemic infections; continued or repeated stress or strain;
exposure to toxins, poisons, fumes, etc.; or other continued and repeated
exposure to conditions of the work environment over a longer period of time.
Traumatic injuries also include damage or destruction to prosthetic devices or
appliances, exclusive of eyeglasses and hearing aids unless the eyeglasses and
hearing aids were damaged incidental to a personal injury requiring medical
services.
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SECTION 15. INJURIES AND DISABILITIES
15-1.2 Continuation of Pay (COP)
An employee who sustains a disabling, job-related traumatic injury
is entitled to continuation of regular pay for a period not to exceed 45
calendar days. However, in no event shall this be construed as requiring
continuation of a person's employment beyond the date it would have terminated
had the employee not been injured. The Bureau will continue the injured
employee's pay unless the claim falls in one of the controversial categories
listed below. This pay is subject to income tax, retirement, and other
deductions. It should be noted that any other benefit (including medical
care) is considered to be compensation. An employee's pay during continuation
of pay will include premium, night or shift differential, Sunday and holiday
pay, or other extra pay; however, overtime pay must not be included.
(1) In counting COP, use calendar days and not workdays. This
includes holidays, weekends and days off.
(2) A day or portion of a day, spent in a light-duty or limited-
duty status, within the 45 days of disability, is counted as one day of COP.
This also includes the days the euiployee's job was modified to accommodate
work restrictions set by the attending physician. [However, COP is only
chargeable when there has been a formal assignment to an established job which
is normally paid at a lower salary and would otherwise result in loss of
income to the employee. The employee must be furnished with documentation of
the personnel action prior to the effective date of the action. If the
employee performs work of a limited light-duty nature in the absence of
documentation of a personnel action_as described, COP will not be chargeable.
Return to work on a light-duty reassignment or detail is to be reported to
OWCP on Form CA-3, Report of Termination of Disability and/or Payment. OWCP
must be provided with documentation that the employee was found unfit for his
or her regular job.]
15-1.2.1 Controverting Claims
If an employee's claim falls into cne or more of the categories
listed below, it is controverted and the employee's pay stopped. In all other
cases it may be controverted; however, the employee's regular pay will not be
interrupted during the 45-day period unless the controversion is sustained by
the OWCP. FBIHQ or field office will controvert and terminate pay only if:
(1) The disability is a result of an occupational disease or
illness; or
(2) The injury occurred off the premises and the employee was not
involved in official "off-premise" duties; or
(3) The injury was caused by the employee's willful misconduct;
the employee intended to bring about the injury or death of himself/herself or
another person; or the employee's intoxication was the proximate cause of the
injury; or
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(4) The injury was not reported on Form CA-1, within 30 days
following the injury; or
(5) Work stoppage first occurred six months or more following the
injury; or
(6) The employee initially reports the injury after his/her
employment has terminated; or
(7) When the employee, having been requested to submit a doctor's
certificate substantiating incapacitation for duty, fails or refuses to do so.
15-1.2.2 Procedure for Controverting
(1) [COP]is controverted by:
(a) Completing the indicated portion on Form CA-1, Federal
Employee's Notice of Traumatic Injury and Claim for Continuation of
Pay/Compensation, and[submitting the form to OWCP within 10 days of the time
of injury. Include any medical evidence.]
(b) Submitting detailed information in support of the
controversion to the OWCP.
(2) Where pay is continued after the employee stops work due to a
disabling injury, it is notinterrupted until information is received to the
effect that the employee is no longer disabled; or notification from the OWCP
that pay should be terminated; or the expiration of 45 days[(the period of
COP). If the employee might not return to work by the end of COP, the
following procedures are to be followed:
(a) After 30 days of COP: Begin preparations to submit a
wage loss claim to OWCP. Office supervisory personnel should give Form CA-7,
Claim for Compensation on Account of Traumatic Injury, to the injured employee
with instructions to complete Part A and return the form within one week. The
employee should be advised that OWCP consideration of the claim will depend on
timely submission of the Form CA-7 by the employee and the timely submission
by the doctor of medical evidence of disability for work for a specific period
(CA-16 or CA-20).
(b) After 40 days of COP: If the Form CA-7 has not been
returned, the office should contact the employee telephonically and request
immediate submission of the form. If the employee has not returned to work by
the 40th day of COP, the office should submit the completed Form CA-7, and any
new medical evidence it has, to OWCP. If the employee returns to work after
the Form CA-7 has been submitted, the office should notify OWCP BY TELEPHONE
IMMEDIATELY and send a Form CA-3, Report of Termination of Disability and/or
Payment, to verify return to work. Telephone notification is critical to
avoid overpayment!
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(c) Ten (10) days before the period covered by Form CA-7
[ expires: If disability is expected to continue beyond the period claimed on
[ the Form CA-7, the office should give the injured employee Form CA-8, Claim
[ for Continuing Compensation on Account of Disability, with instructions to
[ complete and return it to the office. The office should send it to OWCP at
[ least 5 days before the end of the period covered by the Form CA-7 expires.
[ Where disability is expected to continue, and until advised by OWCP that the
[ employee has been placed on its regular roll, the office should continue to
[ obtain and submit Forms CA-8 at least 5 days before the end of the period
[ claimed on the preceding Form CA-8.]
(3) Compensation based on loss of wages is payable after the 45th
day in traumatic injuries or from the beginning of pay loss in all other types
of injuries.
15=1.3 Injuries Resulting in Total Disability
When an injured employee who has no dependents loses pay due to
total disability resulting from an injury, compensation is payable at the rate
of 66 2/3 percent of the pay rate established for compensation purposes. The
compensation rate is increased to 75 percent when there are one or more
dependents. Dependents include a wife or husband; an unmarried child under 18
years of age or if over 18, incapable of self7support, or a student (until
reaching 23 years of age or completing four years of school beyond the high
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school level); or a wholly dependent parent. Compensation begins when the
employee starts to lose pay if the injury causes permanent disability or if
there is pay loss for more than 14 days; otherwise compensation begins on the
fourth day after pay stops. Compensation may not be paid while an injured
employee receives pay for leave. The employee has the right to elect whether
to receive pay for leave or to receive compensation.
15-1.4 Responsibility for Reporting Traumatic Injury
When an employee sustains a traumatic, disabling injury in the
performance of duty, the employee or someone acting on his/her behalf must
give a written report on Form CA-1 to the supervisor within two working days
following the injury. The supervisor must ensure its prompt submission to the
Bureau. It must be shown on the form whether the employee wishes sick or
annual leave or request continuation of regular pay for the period of
disability. Upon reporting the injury, the employee will be authorized to
obtain medical treatment if. required. Form CA-16 is used. If treatment is
obtained, the employee must inquire from the treating physician the earliest
date that he/she will be able to return to work.
15-1.5 Duty Status Reports
(1) A "Duty Status Report," Form CA-17, will be used to obtain
interim medical reports concerning the employee's duty status. If during the
45?day period the treating physician indicates the employee is able to return
to work but he/she refuses to do so, the continued absence from work will
result in an overpayment. Form-CA717, showing the ability to work, explicit
statement of the light?duty job offered to the employee, along with its
physical requirement with documentar)i evidence of the offer, are to be
submitted to the appropriate OWCP district office, as evidence that
entitlement to COP may be terminated. The period of absence from the job
which resulted in the overpayment will be determined by the OWCP and the
supervisor may then require the employee to resolve any overpayment.
(2) Similarly, if an employee returns to light duty, with charge
against the 45?day period, documentation must be submitted in writing to the
appropriate OWCP office, that the employee was found unfit for regular duty by
the attending physician, and that the employee was placed in a light?duty job,
or that the employee's regular job was modified as a result of the injury.
(3) If medical evidence shows disability is expected to continue
beyond 45 days and compensation is desired after expiration of the period,
Form CA-7 must be completed and filed with the appropriate OWCP district
office not more than five working days after the termination of the 45 days.
[[Forms CA-8 should be submitted every two weeks until the employee returns to
[ duty or is placed on automatic rolls with OWCP.]
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SECTION 15. INJURIES AND DISABILITIES
15-1.6 Responsibility for Reporting Nontraumatic Injury
An injured employee, or someone acting on the employee's behalf,
is required to give notice of injury and file claim for compensation for
disability within 30 days after an injury in the performance of duty or in
unusual cases a longer period is permissible. Form CA-2 is provided for this
purpose. If the injured employee dies, dependents are required to file claim
for compensation for death within the specified time, with the exception that
the timely filing of a disaSility claim because of an on-the-job injury will
satisfy the time requirements for a death claim based on the same injury.
Notices and claims are to be filed with the employee's supervisor who will
submit the notice and claim to FBIHQ for transmittal to OWCP. The person
claiming benefits must thereafter submit any other reports and proof that
OWCP may require.
15-1.7 Responsibility of Supervisor (Traumatic Injury Cases)
[(1)] Upon receiving notice that an employee has sustained a
job-related traumatic injury, the division head, SAC, or appropriate
supervisor will promptly authorize medical care. Form CA-16[must be issued by
Bureau official within 4 hours of employee's request, or in case of emergency,
at the time the need for medical treatment is recognized by the official
supervisor.] Provide the employee with[Form]CA-1 for reporting the injury
and upon receipt of the completed form return to the employee the "Receipt of
Notice of Injury."
[(2)] Advise the employee o the right to elect continuation of
regular pay or use annual or sick leave, if the injury is disabling. Inform
the employee whether continuation of pay will be controverted, and if so,
whether it will be terminated, and the basis for such action. If the
supervisor controverts the claim (whether or not pay is terminated),
explanation for the controversion must be submitted on the supervisor's
portion of[Form]CA-1 and/or by separate narrative report for consideration by
the Bureau and OWCP. Form CA-1 fully completed by both employee and
supervisor, together with all other pertinent information and documents, must
be submitted within two working days following the supervisor's receipt of the
form from the employee[(and within 10 days of the employee's injury).]
[(3)] Form CA-16 may be released to[an]Army, Navy, Air Force, or
Veterans Administration medical officer or facility, or to a duly qualified
private physician.
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15-1.7.1 Selecting Medical Facility or Physician
[(1)] The injured employee has the option to initially select a
duly qualified private physician or hospital in the area. Generally speaking,
the area is defined as within 25 miles of the employing establishmentor the
employee's home. The supervisor shall give the injured employee an
opportunity to select the physician. The physician selected by the employee
should be contacted by telephone to determine if the physician is available
and will accept the employee for treatment. If not, the employee must select
another qualified physician. Should the employee wish to change physicians
after the initial choice, the OWCP must be contacted for approval.
[(2) Medical providers (physicians) who have been convicted under
a criminal statute for fraudulent activities in connection with a Federal or
State program for which payments are made to providers for medical services
are automatically excluded from participation in the FECA program. This means
that their bills for services rendered to the employee will not be honored by
OWCP. OWCP will periodically distribute the names and addresses of excluded
providers, along with those who have been reinstated, to Federal agencies. An
excluded physician may be reimbursed only for services rendered in a medical
emergency. An employee whose initially chosen attending physician is excluded
will be given the opportunity to choose a new physician.
(3) Authorization of medical care is valid for 60 days, unless
withdrawn sooner by OWCP, by written notification to the provider.]
15-1.7.2 Physician Defined
The term physician includes surgeons, osteopathic practitioners,
podiatrists, dentists, clinical psychologists, optometrists, and
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chiropractors within the scope of their practice as defined by state law.
The term physician includes chiropractors only to the extent that their
reimbursable services are limited to treatment consisting of manual
manipulation of the spine to correct an abnormal subluxation as demonstrated
by X-ray to exist, and subject to regulation by the Secretary of Labor.
Naturopaths, faith healers, and other practitioners of the healing arts are
not recognized as physicians within the meaning of the law.
15-1.8 Occupational Disease Cases
Upon receiving notice that an employee has sustained an
occupational disease, the supervisor should provide the employee with form
CA-2 for reporting the occupational disease and upon receipt of the completed
form return to the employee the "Receipt of Notice of Injury."
Continuation of pay is not applicable in these cases. Advise the employee
to furnish supporting medical and factual information requested on the
Instruction Sheet, attached to the CA-2. If possible, this information
should accompany the form when it is submitted to FBIHQ. Submission of the
form should not be delayed. Advise the employee of the right to elect sick
or annual leave, pending adjudication of the claim by the OWCP.
15-1.9 ? Permanent Total Disability
When an injury causes permanent total disability, the employee is
entitled to compensation until death unless the employee is medically or
vocationally rehabilitated. Some, although not all, of the examples of
permanent total disability are loss, or loss of use, of both arms; or
Ooth feet; or both legs; or both eyes or the sight thereof. - Compensation for
total disability equals 66 2/3. percent of the employee's pay, and 75 percent
when there is a dependent. The employee may receive additional compensation,
not to exceed $500 per month, when the services of an attendant are needed
constantly because of the disability.
15-1.9.1 Partial Disability; Loss of Wage-Earning Capacity
An injured employee may receive compensation computed on loss of
wage-earning capacity when unable to return to usual employment because of
partial disability as a result of the injury. The compensation will be
paid so long as there is a loss of wage-earning capacity.
15-1.9.2 Scheduled Awards
Compensation is provided for specified periods of time for the
permanent loss, or loss of use, of each of certain members, organs, and
functions of the body. Compensation for proportionate periods of time is
payable for partial loss, or loss of use, of each member, organ or function.
The compensation for schedule awards will equal 66 2/3 percent of the
employee's pay, and 75 percent of the pay when there is a dependent. Proper
and equitable compensation, not to exceed $3,500 may be paid for serious
disfigurement of the face, head or neck, if of a character likely to handi-
cap a person in securing or maintaining employment. Compensation for loss
of wage-earning capacity may be paid after the schedule expires.
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15-1.10 Death
Burial Expense - A sum, not to exceed $800, may be paid for funeral
and burial expenses. When an employee's home is within the United States,
an additional sum may be paid for transporting the remains to the home if
the employee dies awnI from home, official duty station, or outside the
United States. An additional sum of $200 is paid to the personal represen-
tative of the decedent for reimbursement of the costs of termination of the
decedent's status as an employee of the United States.
15-1.10.1 Dependent Compensation
When there
widow or widower may
employee's pay until
widower will be paid
being paid on his or her own behalf, except that if such remarriage occurs
on or after the age of 60, the lump sum payment will not be made and com-
pensation will continue until the beneficiary's death. When there is a
child entitled to compensation, the compensation for the widow or widower
will equal 45 percent of the employee's pay plus 15 percent for each child,
but not more than 75 percent of the employee's pay. A child is entitled
to compensation until he or she dies, marries, or reaches 18 years of age,
or, if over 18 and incapable of self-support, becomes capable of self-
support. If an unmarried child is a student when reaching 18 years of age,
compensation may be continued for as long as the child remains a student or
until he or she marries. It may-not, however, be continued beyond the end
of the semester or enrollment period after the child reaches 23 years of
age or has completed four years of school beyond the high school level.
15-1.10.2 Minimum and Maximum Compensation
Compensation for disability may not exceed 75 percent of the
monthly pay of the highest step of grade 15 of the General Schedule. For
total disability, it may not be less than 75 percent of the monthly pay of
the first step of grade 2 of the General Schedule or actual pay, whichever is
less. Compensation for death is computed on a minimum pay equal to the
first step of grade 2 of the General Schedule. The total compensation may
not exceed the employee's pay or 75 percent of the monthly pay of the high-
est step of grade 15 of the _General Schedule, except that compensation is
allowed to exceed the employee's monthly pay if such excess is created by
authorized cost of living increases.
are no children entitled to compensation, the employee's
receive compensation equal to 50 percent of the
death or remarriage. Upon remarriage, a widow or
a lump sum equal to 24 times the monthly compensation
15-1.11 Vocational Rehabilitation
Vocational rehabilitation, job counseling, and placement assistance
may be provided an injured employee who is unable to return to usual employ-
ment because of permanent disability due to the injury. Additional compen-
sation not to exceed $200 per month may be paid if it is considered neces-
sary for maintenance when the employee is pursuing an approved training
course. Also, an employee will be paid at the rate for total disability
while pursuing an OWCP approved training course.
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[ 15-1.12 [Medical Information Needed for Reinstatement
If the supervisor has reason to believe employee or former
employee receiving compensation benefits can perform the duties of a job which
is available, these are the procedures for offering the employee the job:
(1) If a suitable job offer is made to an employee or former
employee, and he/she refuses to accept such employment without adequate
reason, compensation benefits may be terminated.
(2) The Bureau has the authority to require an employee currently
receiving compensation benefits to submit medical information to the Bureau or
report for a medical examination for the purpose of determining whether a job
that is available is within the limits of the employee's medical condition.
If medical information confirms that the job available is within the
employee's medical limitations, the Bureau has the obligation to offer
employment. The Bureau may order an examination by a physician of the
Bureau's choice, in which case the Bureau is obligated to pay for the
examination.
(3) Medical information dated within the past 3 months and which
contains specific information about the medical limitations currently imposed
on the employee should usually be considered sufficient for the purpose of
making a job offer.
(4) If an employee refuses to provide sufficient medical
information so that the Bureau may evaluate an appropriate job offer, the
Bureau will notify OWCP of employee's refusal. The OWCP will then review the
case. The Bureau does not have the authority to order a former employee
receiving compensation benefits to submit to a medical examination for the
purpose of reemployment, but the Bureau may offer a medical examination or may
simply ask for information from the individual. If the Bureau offers an
examination by a Bureau-designated physician, the Bureau is obligated to pay
for the examination. If an employee refuses to respond to the offer, the
Bureau will notify the OWCP of the refusal.
(5) OWCP has the final authority in determining whether a job
offer is suitable, that is, within the employee's medical limitations.]
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)' ([15-1.131 Buy-back of Leave
(1) An employee may decide to take sick or annual leave, or both,
to avoid possible interruption of income. If the employee elects to take
leave and the claim for compensation is subsequently approved, the employee
may arrange with the employing agency to buy hack the leave used and have it
reinstated to the employee's account. The compensation to which he or she
is entitled would pay a part of the buy-back cost and the employee would have
to pay the balance. The amount the employee will be required to pay will
depend on several factors such as the length of the period of disability and
the amount of Federal income tax which is withheld from leave pay.
(2) An employee who uses leave and decides to buy it back, may
file a claim for compensation on[FormICA-7 in traumatic injury cases, or on
[[Form]CA-4 in nontraumatic cases, while still in leave status. In the interim,
the OWCP will consider and resolve any points at issue. No compensation
payments may be paid, however, while the employee is still in leave status.
Arrangements to buy back leave must be made with the Bureau.
(3) Under regulations of the Office of Workers' Compensation
Programs, Department of Labor, an agency may establish the period in which a
request for buy-back of leave will be accepted. Since FBIHQ maintains leave
records for a period of three years, and since these records are essential to
processing such requests, effective 6/1/79, FBIHQ will not accept buy-back
requests which are in excess of three years old. The time period during which
a request will be accepted will commence on the last day of leave utilized in
connection with the injury.
[(4) If an employee buys back regular annual leave which is
recredited to a prior, leave year, and the recredit causes a leave balance at
the end of that leave year to be in excess of the maximum accumulation (240
hours), the excess leave will immediately be forfeited as of the beginning of
the leave year following the year to which it is recredited. In situations in
which it appears that the Bureau did not inform the employee of the
consequences of buying back leave which would be forfeited, the employee can
be retroactively returned to an annual leave status to an extent necessary to
avoid forfeiture of the repurchased leave. This procedure would also require
a refund of compensation payments to OWCP for the period of annual leave.
(5) If repurchase of sick or annual leave is in the same tax year
in which the leave was used, the amount is excluded from taxable income for
that year.]
([15-1.14] Third Party Liability
The OWCP has the right to be reimbursed from damages recovered in
any case of injury or death caused under circumstances creating a legal
liability upon someone other than the United States. No person claiming
compensation should settle a third party claim arising out of an injury or
death without first obtaining advice and approval from the Solicitor of Labor
(obtain from the Associate Counsel for Employees' Compensation, Washington,
D.C. 20210). In all cases of this kind, the supervisor should advise
claimants of these requirements.
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[[15-1.151 Basic Compensation Forms
Form ? Title
CA-1 Federal Employee's Notice of Traumatic injury and Claim
for Continuation of Pay/Compensation
CA-2 Federal Employee's Notice of Occupational Disease and
Claim for Compensation
CA-2a Notice of Employee's Recurrence of Disability and Claim
for Pay/Compensation
CA-3 Report of Termination of Disability and/or Payment
CA-4 Claim for Compensation on Account of Occupational
Disease
CA-5 Claim for Compensation by Widow, Widower, and/or
Children
CA-5b Claim for Compensation by Parents, Brothers, Sisters,
Grandparents, or Grandchildren
CA-6 Official Superior's Report of Employee's Death
CA-7 Claim for Compensation on Account of Traumatic Injury
CA-8 Claim for Continuing Compensation on Account 6f
Disability
CA-16 Request for Examination and/or Treatment
CA-17 Duty Status Report
CA-20 Attending Physicians Report
CA-20a Attending Physicians Supplemental Report
[(15-1.161 Penalties
Any person who makes a false statement to obtain Federal
employee's compensation or who accepts compensation payments to which he or
she is not entitled is subject to a fine of no more than $2,000 or imprison-
ment for no more than one year, or both. Any person charged with the
responsibility for making reports in connection with an injury who willfully
fails, neglects, or refuses to do so; knowingly files a false report; induces,
compels, or directs an injured employee to forego filing a claim; or willfully
retains any notice, report, or paper required in connection with an injury, is
subject to a fine of no more than $500 or imprisonment for no more than one
year, or both.
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SECTION 15. INJURIES AND DISABILITIES
15-2 FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
The Federal Employees Health Benefits Program (FEHBP), which
became effective at the beginning of the first pay period after July 1, 1960,
gave all eligible Government employees an opportunity to enroll in an approved
health benefits plan. The Government contributes a portion of the premium and
the remainder is paid by employee through payroll deduction. The amount
varies depending upon the option and plan chosen.
15-2.1 Eligibility
(1) Eligible employees have the choice of enrolling in an
employee organization plan (the FBI employee organization plan is SAMBA -
Special Agents Mutual Benefit Association), Governmentwide Indemnity Benefit
Plan, Governmentwide Service Benefit Plan, or a group-practice or individual-
practice plan which is limited to employees in the geographic area served by
such plan.
(2) A comparison chart of the major benefits and premiums of all
health benefit plans and general information about the FEHBP are included in
the Brochure[RI]70-1, Enrollment Information Guide and Plan Comparison Chart.
The complete description of benefits of each plan is described in the indivi-
dual brochure for each health benefit plan. Employees should immediately be
furnished[RI]70-1, Enrollment Information Guide and Plan Comparison Chart;
SF-2809, the Health Benefits Registration Form; the SAMBA Application
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(1) A change in family status (item 3 above) includes such things
as: the birth of a child; the legal adoption of a child; the addition of
Eoster children who live with the employee in a regular parent-child relation-
ship; or return from military service of a child who is still under 22 .years
of age.
(2) Notice of Change in Enrollment Status Form (SF-2810) is for
the exclusive use of the employing office (FBIHQ) to give official notice to
employees and carriers of enrollment actions and must not be executed by a
field office representative:
(3) The enrollment of an employee continues without change when
an individual enters the service of the Bureau from another Government
agency without a break in -service of more than three calendar days provided
the employee was not enrolled previously in an employee organization plan or a
comprehensive plan not covered by the new geographic area. The employee
should register again by executing an SF-2809 if previously enrolled in an
employee organization plan or a comprehensive plan not covered by the new
geographic area. The employee is furnished a copy of the Change in Enrollment
Status Form (SF-2810), which will have been executed by the other agency. The
employee's copy of this form should immediately be sent to FBIHQ to facilitate
transfer of coverage.
[ 15-2.5 [Nonpay Status
Employees in a leave-without-pay status must pay their share of
the premium for health benefits fox any pay period in which their salary is
insufficient to cover withholdings. Employees in a nonpay status may submit
payments for .healthbenefits coverage or have the premium withheld upon return
to pay status.]
[[15-2.6] Cancellation
Enrolled employees may cancel their enrollment at any time by
executing an SF-2809. The cancellation becomes effective on the last day of
the pay period following the pay period in which the registration form is
received at FBIHQ.
1115-2.7] Separation
Upon separation from service, enrolled employees may convert their
health plan to a private plan within 31 days by executing reverse side of
SF-2810, which is made available to all eligible employees.
[[15-2.8] Retirement
(1) Employees who retire are eligible to continue health benefits
enrollment if they meet all of the following requirements: enrolled in a
health benefits plan at the time of retirement; retire on disability; retire
on immediate annuity, have been continuously enrolled for health benefits
during all service since first opportunity to enroll, or, for the five years
of service immediately preceding retirement; and the amount of the annuity is
sufficient to cover the withholding required for the cost of enrollment in a
health benefits plan.
(2) On retiring employees eligible to continue enrollment, FBIHQ
will prepare and issue SF-2810 transferring the enrollment to Civil Service
Retirement System.
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15-2.9 Annuitant
If an annuitant who was not previously enrolled for health
benefits is reemployed and is not excluded from coverage under the regulations
applicable to employees generally, the annuitant must register in the same
manner as any other employee. A reemployed annuitant who enrolls during
reemployment is .eligible to continue health benefit's coverage upon separation
if all the conditions are met that any other retiring employee is required to
meet.
15-2.10 Survivors
A survivor of an enrolled employee or annuitant is eligible to
continue health benefits enrollment if all of the following requirements are
met: the employee or annuitant was enrolled for self and family at the time
of death; at least one member of the family is entitled to an annuity as the
survivor of the deceased employee or annuitant; and the annuity of the
survivor is sufficient to cover the withholding required for enrollment in a
health benefits plan. If all of these requirements are met, coverage of the
family members of an enrolled employee or annuitant is automatically continued
when the title to survivor annuity is established. Note: An employee who
retires can preserve health benefits coverage for qualified survivors only by
electing a reduced annuity.
15-2.11 Federal Employees' Compensation Act
An employee or flirmer employee who receives benefits under the
Federal Employees' Compensation Act is eligible to continueenrollment if
all of the following requirements are met: is enrolled in a health benefits
plan at the time compensation starts; has been continuously enrolled for
health benefits during all of service since first opportunity to enroll, or
for the five years of service immediately preceding the start of compensation
under the Federal Employees' Compensation Act, or, from on or before
December 31, 1964, until the start of compensation; receives "monthly
compensation"; and is determined by the Secretary of Labor to be unable to
return to duty.
[[15-2.12 Civil Service Retirement Spouse Equity Act
The Civil Service Retirement Spouse Equity Act of 1984 and the
Federal Employees Benefits Improvement Act of 1986 amended the Federal
Employees Health Benefits Act to permit certain former spouses of civil
service employees, former employees and annuitants to enroll in a health
benefit plan under the Federal Employees Health Benefits Program (FEHBP).
Former spouses who are eligible for health benefits must pay both the
employee's and the Government's share of the premium and must register to
enroll in the program with the agency where the employee is or was employed at
the time the marriage was dissolved.
[ 15-2.12.1 Conversion Rights and Temporary Extension of Coverage
The former spouse of an employee is covered for health benefits
for 31 days after divorce with the right to convert to a nongroup plan. To
prevent loss of health benefits coverage, the former spouse may desire to
convert to the nongroup policy with the employee's health benefit carrier
while waiting for health benefits eligibility under the Spouse Equity Act to
be established and the enrollment to become effective.
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15-2.L2.2 Eligibility Reauirements for Health Benefits
The former spouse must meet the following requirements to be
[ eligible to enroll in a health benefit plan: .
(1) The former spouse must not have remarried before age 55;
(2) The former spouse must have been covered as a family member
[ in an FEHBP plan at some time during the 18 months preceding the date of the
[ dissolution of marriage; and,
(3) The former spouse must provide evidence of future entitlement
[ to any of the following benefits:
[ (a) A portion of the employee's annuity based on a
[ qualifying court order under Title 5, United States Code (USC), Section 8345
[ (j), which requires that the Office of Personnel Management (OPM) shall pay
A (in part or in whole) another person other than the employee, if and to the
[ extent expressly provided for in the terms of any court decree of divorce,
[ annulment, or legal separation, or the terms of any court order or
[ court-approved property settlement agreement incident to such court decrees.
(b) Survivor annuity benefits based on a qualifying court
order under Title 5, USC, Section 8341 (h), which states that a former spouse
of a deceased employee,- member, or annuitant is entitled to a survivor annuity
if and to the extent expressly provided for in an election under Section 8339
(j)(3), or in terms of any decree of divorce, annulment, court order, or
court-approved property settlement agreement intident to such decree.
(c) A.survivor annuity elected by the employee under Title
5, USC, Section 8339 (j)(3), which refers to an election to provide survivor
annuity to a former spouse which shall be made at the time of retirement or,
if later, within two (2) years after the date the marriage to the employee or
member is dissolved, subject to a deposit in the fund by the retired employee
or member, within a two-year period, the amount to be determined by OPM. An
election under this paragraph shall not be effective if it conflicts with any
court order or decree or in case an employee or member has remarried, then the
spouse's written consent is required.
(4) A special eligibility rule exists for a former spouse who was
married to an employee who retired prior to May 7, 1985. Such a former spouse
must not be remarried before age 55 and must have been enrolled in a health
benefits plan as a family member at any time during the 18 months preceding
the dissolution of marriage. Additionally, it is required that either the
employee annuitant elected before May 9, 1986, to provide a survivor annuity
to the former spouse, or the former spouse satisfies all the following
conditions:
(a) the former spouse's marriage to the retiree was
dissolved after September 14, 1978;
(b) the former spouse was married to the retiree for at
least 10 years of the retiree's creditable civilian service;
(c) the former spouse is not receiving any other
[ employer-produced retirement or survivor annuity;
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(d) the spouse has not married before reaching age 55;
(e) the former spouse applies to OPM for a survivor annuity
before May 9, 1987; and
(f) the former spouse is at least 50 years old when filing
[ the application.
(5) A special eligibility rule also exists for a former spouse
who was married to an employee who died prior to May 7, 1985. Such a person
is r21igible for enrollment if (1) the deceased employee had been eligible for
an immediate annuity on or before the date of death; (2) the former spouse has
not remarried before the age of 55; (3) the former spouse was enrolled as a
family member in an FEHBP health benefits plan at any time during the 18
months preceding the dissolution of marriage; and (4) the former spouse
satisfies all the conditions for a survivor an-FR-City described above.
(6) A former spouse of an employee who separates from Federal
service before becoming eligible for immediate annuity is eligible to enroll
only if the marriage to the former employee was dissolved before the employee
left Federal service.
[ 15-2.12.3 Procedure for Establishing Eligibility
(1) OPM will determine the former spouse's entitlement to a
[ survivor annuity or a portion of the- employee's retirement annuity as a
[ prerequisite to the former spouse's eligibility to enroll in the FEHBP. The
[ former spouse should send a written request to the Office of Personnel
[ Management, Compensation Group, Office of Retirement Programs, Post Office Box
[ 17, Washington, D.C. 20044, for the determination. The former spouse should
[ include a certified copy of the court order, the employee's or retiree's name,
[ date of birth, social security number, the last employing agency and, if
[ applicable, the date of retirement.
(2) After reviewing the information provided by the former
[ spouse, OPM will send the former spouse a written decision concerning the
[ former spouse's entitlement to a future survivor annuity. The former spouse
[ must submit a copy of OPM's decision to Headquarters along with a copy of the
[ divorce decree. Upon receipt, the employee's file will be reviewed to
[ determine if the former spouse was covered as a family member in an FEHBP plan
[ at any time during the 18 months preceding the date of dissolution of
[ marriage, to verify the former spouse's age, and if under age 55, that he or
[ she has not 'remarried. The former spouse is required to certify that the
[ qualifications for eligibility to enroll have been met and that the former
[ spouse will notify the employing office within 31 days of an event that
[ disqualifies eligibility.
[ 15-2.12.4 Registration Procedures
If it is determined that the former spouse is eligible, the former
[ spouse will be advised and furnished the appropriate information. To enroll,
[ the former spouse should complete the Health Benefits Registration Form
[ (SF-2809), using his or her own name, date of birth and social security
[ number. The name, date of birth, and social security number of the employee,
[ former employee or annuitant should be entered in the "Remarks" section of the
SF-2809. A certification must be obtained from the former spouse that the
employing office will be notified within 31 days of an event which would
[ terminate eligibility.
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15-2.12.5 Denial of Enrollment
If it is determined that the former spouse is ineligible for
health benefit coverage, the former spouse will be notified in writing and
-furnished the reason for the denial. The former spouse will be advised in
writing of the right to request OPM's reconsideration of the denial within 31
days of the date of the letter "stating that coverage has been denied. The
former spouse should send a request to the Office of Personnel Management,
Compensation Group, Offiee of Insurance Programs, Program Coordination and
Control, Post Office Box 436, Washington, D.C. 20044.
[ 15-2.12.6 Office Where Former Spouse Must Enroll
(1) Former spouses who are receiving payment of survivor annuity
or a portion of an employee annuity from OPM must enroll through OPM and pay
premiums directly to OPM. Former spouses whose marriages dissolved after the
employee retired must also register with and pay premiums to OPM.
(2) Former spouses who have future entitlement to a survivor
annuity or portion of an employee annuity, but are not yet receiving them,
must register with and pay premiums to the agency for which the employee
worked at the time the marriage dissolved.
[ 15-2.12.7 Time Limitation for Enrollment
[ . An eligible former spouse must
[ by the latest of the following dates:
apply
for health benefits coverage
? (1) February 27, 1987; or
(2) within 60 days after the dissolution of the marriage, or if
the marriage is dissolved after retirement, 60 days after the dissolution or
after the retired employee elects to provide a survivor annuity for the former
spouse; or
(3) within 60 days after the employee annuitant elects to
provide a former spouse annuity or after OPM notice of entitlement to a former
spouse annuity.
15-2.12.8 Choice of Plan
A former spouse may enroll in either of the two Government-wide
plans (Service Benefit Plan and Indemnity Benefit Plan), the employee
organization plans or the comprehensive medical plans which are available for
a specific geographical area. The formerspouse is not restricted to the same
Plan that the employee enrolled under prior to the divorce. To enroll in an
employee organization plan, the former spouse must become a member of the
sponsoring organization and pay the annual or one-time only membership dues.
Former spouses who enroll in the SAMBA Health Benefit Plan are not eligible
for the various insurance programs offered by SAMBA.
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[ 15-2.12.9 Type of Enrollment
A former spouse who is eligible to enroll in the FEHBP may elect
coverage for self only or for self and family. A family enrollment covers
only the former spouse and any unmarried dependent natural or adopted children
of the former spouse and the employee, former employee or annuitant, provided
the child is not also covered by another FEHBP enrollment. To be eligible for
coverage a child must be single and under age 22. An unmarried child over age
22 who is incapable of self-support because of a mental or physical disability
existing before age 22 is eligible for coverage.
[ 15-2.12.10 Effective Date of Enrollment
The effective date of the former spouse's enrollment will be the
first day of the pay period beginning more than 30 days after the employing
office receives the SF-2809 and satisfactory proof of eligibility.
15-2.12.11 Payment of Premiums
The former spouse must submit payment (both the employee's and
Government's share) of the premiums for each pay period to the employing
office. If the employing office does not receive payment by the due date, the
former spouse will be notified that coverage will be cancelled if payment is
not paid within 15 days after receipt of the notice which is sent by certified
mail, return receipt requested. The effective date of a termination for
failure to pay premiums within the t-ime frame is the last day of the pay
period for which payment has been received. Once the enrollment is cancelled,
the former spouse will not be entitled to the temporary extension of coverage
for conver"Sion, cannot convert to an individual contract, and cannot reenroll.
15-2.12.12 Opportunities to Change Enrollment
The following events will allow the former spouse to enroll or
change enrollment:
(1) A former spouse may change enrollment to self only at any
time. If a former spouse changes enrollment to self only, any family members
who lose coverage are not entitled to the temporary extension of coverage for
conversion, and may not convert to an individual contract.
(2) The former spouse may make an enrollment change
season or upon the occurrence of one of the following events, in
with regulations issued by OPM:
[ plan,
[ child
loses
during open
accordance
(a) birth or acquisition of a child,
(b) move from an area served by a comprehensive medical
(c)
(d)
(e)
(f)
coverage
termination
termination
eligibility
by an employee organization plan,
of plan in which enrolled,
for Medicare,
change from self only to self and
under another FEHBP enrollment.
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[ 15-2.12.13 Cancellation of Enrollment by Former Spouse
A former spouse may cancel enrollment at any time by executing an
SF-2809. The coverage will be cancelled the last day of the pay period
following the pay period in which the SF-2809 is received. However, once the
enrollment is cancelled, the former spouse and family members, if any, are not
entitled to the temporary extension of coverage for conversion and cannot
convert to an individual contract for health benefits. Once the enrollment is
cancelled, the former spouse may not reentoll.
[ 15-2.12.14 Termination of Enrollment
Upon terminating an enrollment, the former spouse will be
[ furnished a copy of the SF-2810. The former spouse may convert to nongroup
[ coverage within 31 days of the termination. Once a former spouse's enrollment
[ has been terminated, the former spouse may not reenroll. A former spouse's
[ enrollment terminates, subject to the temporary extension of coverage for
[ conversion, at midnight of the last day of the pay period in which the
[ earliest of the following events occurs:
(1) Qualifying court order ceases to provide entitlement to
survivor annuity or a portion of retirement annuity under a retirement system
[ for Government employees.
(2) Former spouse remarries before age 55.
. -
( (3) Former spouse remarries the employee, separated employee, Or
[ annuitant on whose service the benefits are based. -
[ (4) Former spouse dies.
(5) Employee on whose service the benefits are based dies and no
survivor annuity is payable.
(6) Separated employee, on whose service the benefits are based
dies before meeting the requirments for a deferred annuity.
(7) Employee on whose service benefits are based leaves Federal
service before establishing title to a deferred annuity.
( (8) OPM refunds retirement contributions to the separated
[ employee on whose service the health benefits are based.
( 5-2.12.15 Termination of Coverage of Family Members
The coverage of a family member of a former spouse terminates,
[ subject to the temporary extension of coverage for conversion, at midnight of
[ the earlier of the following dates:
(1) The day on which the individual ceases to be a member of the
[ family (family members who lose coverage because the former spouse cancels
( have no temporary extension or conversion rights);
(2) The day the former spouse ceases to be enrolled.]
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15-3 ALCOHOLISM AND ALCOHOL ABUSE - PREVENTION, TREATMENT, AND
REHABILITATION
15-3.1 ' Policy
Because of the FBI's unique responsibilities as an intelligence
organization, there can be no relaxation of the basic regulation set forth in
Section 1-2 of this manual. Recognizing, however, that alcoholism is an
illness and that chronic alcohol abuse can be symptomatic of other problems,
employees manifesting such illness or problems will be afforded the same
consideration and offer of assistance that are presently extended to employees
having other illnesses. The goal of the Alcoholism Program is to assist
employees with alcohol problems in rehabilitating themselves so that they
might again lead lives useful to themselves, their families and the FBI. No
employee's job security will be jeopardized by employee's own request for
counseling or referral assistance. Sick leave will be granted for the purpose
of treatment or rehabilitation as in any other illness. Employees who suspect
they have an alcohol problem are encouraged to voluntarily seek medical help
and counseling. An employee who has accepted treatment will be dismissed only
when he/she has been granted sick leave, treatment has failed, and he/she is
clearly not capable of meeting the demands of the job. The confidential
nature of medical records of employees with drinking problems will be
preserved in the same manner as all other medical records. Public Law 91-616
provides that "health and disability insurance plans for Federal civilian
employees hereafter contracted or renegotiated will cover alcoholism in the
same way as other diseases."
15-3.2 Administration of Program
(1) Under no circumstances should this program be utilized as an
excuse for influencing the private decision of an employee to use or not to
use alcoholic beverages. In order to be an effective and viable program,
supervisors must realize that the policy is positive--not punitive--and that
in cases other than "self-referrals," it will be the supervisor who is in the
best position to recognize a problem through job deterioration manifesting
itself through such things as absenteeism, changes in behavioral patterns, and
errors in judgment. The supervisor, however, does not diagnose, this being a
function of the physician.
(2) The Alcoholism Program Coordinator (APC) at FBIHQ is
responsible for supervising and operating a meaningful and effective
alcoholism program for the FBI. The APC provides assistance to each field
office in managing their alcohol program and provides information regarding
pertinent legislation, appropriate Merit Systems Protection Board decisions,
legal considerations, research and educational sources. The FBIHQ APC is
available to management to assist in the implementation, clarification, or
interpretation of Bureau policies that apply to alcoholism and related
behavioral problems. The APC will evaluate the effectiveness of the program,
afford and promote a better understanding of alcoholism and establish and
maintain records consistent with mandated confidentiality requirements.
15-3.2.1 Implementation of the Program
An effective program must be tied to community resources concerned
with the treatment of alcoholism. Employees requiring assistance should be
counseled as to the identity of availability and identity of these resources.
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(1) Self-Referrals are defined as employees who recognize or feel
that they have an alcohol problem and voluntarily recuest assistance. Such
employees shot id be referred to their private physician and counseled as to
the existence of the various community resources in Your territory. FBIHQ
should be advised of the circumstances surrounding. such referrals and the
employees' progress and performance should be followed.
(2) Administrative Referrals - As in any situation involving
a behavioral problem, deterioration in an employee's performance which is
believed to be related to alcohol abuse should be reported to FBIHO with
full documentation and recommendations concerning the proposed course of
action. Thereafter, UACB, the employee should be interviewed to establish
the reason and/or cause of the deterioration. If the employee acknowledges
that he/she has an alcohol. problem, he/she should be referred for counseling
and medical assistance to his/her private physician and to available community
resources. The employee's progress should be followed until such time as it
can be certified that his/her performance is again satisfactory.
(3) Refusal of Assistance - Should the employee refuse assistance
in the face of deteriorating or unsatisfactory performance, employee should be
given a firm choice between accepting assistance through counseling or
professional diagnosis of his/her problem, and cooperating in the treatment
prescribed, or accepting the consequences provided for unsatisfactory
performance. Such consequences, depending upon the facts in a given case,
could result in disability retirement .or dismissal. .Mindful of the FBI's
unique responsibilities, it is incumbent upon the SAC or division head to
recommend as to the advisability oc a Government fitness-for-duty physical
examination at any point.
(4) Other considerations - In view of the wide range and variety
of assignments undertaken by Special Agent personnel, and the fact all are
issued sidearms, SACs and division heads should consider the desirability of
changing the assignment within the office of an Agent whose alcohol problem
has surfaced and/or relieving the Agent of sidearm. Actions taken and
recommendation for proceeding in each case should be submitted to FBIHQ.
15-3.3 Implementation of the Program
(1) Each field office will designate an APC who is responsible
for implementing an alcoholism program consistent with the needs of the field
office. The APC should ensure all employees have an opportunity to receive
the appropriate assistance provided by this program and should be available to
confidentially discuss with an employee his/her alcohol abuse and related .
problems. The APC should identify and establish liaison with qualified
community alcoholism resources and act as a conduit for employees wishing to
avail themselves of such services. Through a program of education and
information, the APC should strongly encourage the voluntary participation of
any recovering alcoholics as counselors. No recruitment of a specific
recovering alcoholic is to be initiated under any circumstances.
(2) This program should not be construed as a relaxation of FBI
standards of conduct. FBI policy continues to require that employees should
never cause themselves to be mentally or physically unfit for duty.
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(3) While Public Law 91-616 and Merit Systems Protection Board
decisions generally require rehabilitative efforts be made before disciplinary
action for unsatisfactory job performance can be taken, they do not preclude
agency action if rehabilitation fails, is refused, if job performance does not
improve, or other actibns or activities are present and constitute employee
misconduct.
(4) No employee's job security will be threatened by a voluntary
request for counseling or referral assistance.
15-3.4 Confidentiality of Information
All persons performing an alcohol abuse program function are
subject to regulations governing the confidentiality of patient information
and must be thoroughly familiar with these regulations. Although the
following MAOP lections set forth pertinent rules concerning confidentiality
and disclosure of information, field Office APCs should also review both
Title 42, USC, ? 4582 ("Confidentiality of patient records"), and regulations
issued pursuant to this Section which are set forth at Title 42, Code of
Federal Regulations, Section 2. In this regard, Title 42, USC, ? 4582(f)
provides that "Any person who violates any provision of this section or any
regulation issued pursuant to this section shall be fined not more than S500
in the case of a first offense, and not more than $5,000 in the case of each
subsequent offense."
15-3.4.1 Disclosure of Information
Information relating to the identity, diagnosis, prognosis or
treatment of any patient. maintained in connection with an alcohol abuse
function is confidential and may be released only under the following
circumstances:
(1) Disclosure with patient consent may be made only in the
following instances:
(a) where necessary for patient diagnosis, treatment and
rehabilitation;
(b) to patient's legal counsel;
(c) to patient's family and others with whom the patient has
a personal relationship unless disclosure would be harmful;
(d) to third-party payers and funding sources, such as
insurance companies;
(e) to patient's employer;
(f) by the program coordinator in other situations where
disclosure is to the benefit of the patient and consent is freely given, and
no substantial harm will result to the program or the patient/program
relationship. .
(2) Disclosure without patient consent may only be made in the
following instances:
(a) to medical personnel to the extent necessary to meet
medical emergencies;
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(b) to qualified personnel for the purpose of conducting
scientific research, management audits, financial audits or program
evaluations;
(c) by court orders.
(3) All nonconsensual disclosures will be promptly brought to the
attention of the FBIHQ APC.
(4) The following types of communications do not constitute a
disclosure of records:
(a) Communication of information within a program between
personnel having such a need in connection with their program
responsibilities, such as program coordinators, counselors and medical or
health personnel
(b) Communications between a program and a qualified service
organization of information needed by the organization to perform its program
service, such as an FBI-contracted rehabilitative clinic
(c) Communications which include no patient-identifying
information or identifying numbers or symbols, such as statistical reports
15-3.4.2 Form of Consent
^
.Consent for disclosure must be in writing and contain:
(1) clear identification of the FBI Alcoholism Program
(2) the name or title of person to whom disclosure may be made
(3) the patient's name
(4) the purpose or need for the disclosure
(5) the extent or nature of information to be disclosed
(6) a statement that the consent is subject to revocation at any
time, except to the extent action has been taken in reliance thereon
(7) identification of the date, event or condition upon which the
consent will expire
(8) the date consent is granted
(9) the signature of the patient
15-3.4.3 Maintenance of Program Information
(1) Records concerning employees within the Alcoholism Program
are to be maintained in a locked file cabinet or combination safe under the
immediate control of the APC or other authorized program administrator.
Access is strictly limited in accordance with confidentiality provisions.
Program information includes correspondence and records concerning employees
who have been referred to the Alcoholism Program Coordinator or Counselor;
the results of any counseling which may have occurred; interview appraisals,
'recommended treatment, results of treatment; and other 11,)tes and records of
discussions held with .the employee.
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(2) Program information is not to be included in the employee's
personnel file, Communications regarding an employee's participation in the
program must be forwarded in a double envelope to FBIHQ, Personal Attention:
APC, Room 1028. If the program participant is also the subject of an
administrative action, information concerning Alcoholism Program participation
and administrative actions or inquiries must be submitted separately in order
to properly maintain program confidentialities.
15-4 PSYCHOLOGICAL SERVICES PROGRAM
15-4.1 Policy
A plan for the delivery of psychological services has been
established for the purpose of assisting employees in meeting their standards
of performance and assisting supervisory personnel in meeting administrative
responsibilities. The program provides psychiatric assistance to FBI employ-
ees who voluntarily seek help and psychological services consultation in
certain administrative and operational matters. These services will be
provided by Dr. David A. Soskis, M.D., Carole W. Soskis, M.S.W., J.D.[and
Dr. Edward Kaufman, M.D.]
15-4.2 Availability of Services
(1) Employees who voluntarily seek psychological services (self-
referrals) may be provided with consultation, counseling or therapy when
necessary, or referral of the employee to a mental health professional in the
employee's immediate geographical area. Communications between a self-
referred employee and Dr. and Mrs. Soskis[or Dr. Kaufman]will be maintained in
confidence. Dr. and Mrs. Soskis[and Dr. Kaufman]will release information
relating to self-referred employees only where there is imminent danger of
harm to the employee, a third party, or a Bureau operation.
(2) Employees may also be administratively referred for
psychiatric evaluation by their supervisor, .ASAC, or SAC, or by the
Administrative Services Division. In these cases, the psychologist or
psychiatrist will provide or arrange for a psychiatric evaluation for the
Bureau to help assess the employee s ability to perform his or her job,
including, when appropriate, diagnosis, prognosis, risk to ongoing operations,
danger of employee to self or to others, and fitness for duty. Communications
between an administratively referred employee and the clinician involved may
not be confidential.
(3) Personnel desiring direct access to psychological services
may do so by contacting Dr. David A. Soskis at the Institute of the
Pennsylvania Hospital, 111 North 49th Street, Philadelphia, Pennsylvania
19139, office telephone (215) 471-2368, residence telephone (215) 664-3401[or
Dr. Edward Kaufman at the University of California Irvine Medical Center,
Orange, California, telephone (714) 559-4601. It is suggested that employees
in western offices contact Dr. Kaufman rather than Dr. Soskis if at all
possible. Due to time zone differences, Dr. Kaufman is more accessible to
employees in western offices during regular business hours. The Behavioral
Science Unit, Training Division, or the Employee Benefits Unit, Administrative
Services Division, may also be contacted.] Services are available on a 24-hour
basis.
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15-4.3 Coordination of Services
(1) The Employee Benefits Unit, Administrative Services Division,
will coordinate the delivery of psychological services which relate to
employee performance and other actions affecting FBI employees or their
.employment.
(2) The Behavioral Science Unit, Training Division, will
coordinate the delivery of psychological services involving training and
operational support matters, such as crime analysis, criminal profiling,
personality assessments of individuals in Bureau cases, use of forensic
hypnosis and occupational stress awareness and management.
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