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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Medical and Related Benefits |
20 CFR 10.314 - Will OWCP pay for the services of an attendant?
- Section Number: 10.314
- Section Name: Will OWCP pay for the services of an attendant?
Yes, OWCP will pay for the services of an attendant up to a maximum
of $1,500 per month, where the need for such services has been medically
documented. In the exercise of the discretion afforded by 5 U.S.C.
8111(a), the Director has determined that, except where payments were
being made prior to January 4, 1999, direct payments to the claimant to
cover such services will no longer be made. Rather, the cost of
providing attendant services will be paid under section 8103 of the Act,
and medical bills for these services will be considered under
Sec. 10.801. This decision is based on the following factors:
(a) The additional payments authorized under section 8111(a) should
not be necessary since OWCP will authorize payment for personal care
services under 5 U.S.C. 8103, whether or not such care includes medical
services, so long as the personal care services have been determined to
be medically necessary and are provided by a home health aide, licensed
practical nurse, or similarly trained individual.
(b) A home health aide, licensed practical nurse, or similarly
trained individual is better able to provide quality personal care
services, including assistance in feeding, bathing, and using the
toilet. In the past, provision of supplemental compensation directly to
injured employees may have encouraged family members to take on these
responsibilities even though they may not have been trained to provide
such services. By paying for the services under section 8103, OWCP can
better determine whether the services provided are necessary and/or
adequate to meet the needs of the injured employee. In addition, a
system requiring the personal care provider to submit a bill to OWCP,
where the amount billed will be subject to OWCP's fee schedule, will
result in greater fiscal accountability.
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