US Labor Department proposes final rule and notice of proposed rulemaking to implement new standards for digital radiography in black lung claims
WASHINGTON The U.S. Department of Labor's Office of Workers' Compensation Programs has published for public comment a direct final rule and a companion proposed rule adopting updated standards for administering and interpreting digital radiographs for the Federal Black Lung Program. The new rules will enable physicians who perform diagnostic testing of miner-claimants to use more modern medical technology to conduct a complete pulmonary evaluation.
Physicians use chest radiographs as a tool in evaluating whether a miner suffers from pneumoconiosis, or black lung disease. The standards for administering and interpreting chest X-rays now in place address only film radiographs. As a result, only film X-rays were easily admissible in benefit-claim proceedings. But film-based technology is rapidly being replaced by digital radiography in medical facilities, and the number of physicians conducting diagnostic testing with older equipment has declined. The revised rules would allow both film and digital x-rays to be given equal importance in claims adjudication.
The revised rules update the existing film-radiography standards and provide parallel standards for digital radiographs. OWCP based the new digital X-ray standards on those adopted last year by the National Institute for Occupational Safety and Health for its Coal Mine Workers' Health Surveillance Program. NIOSH is the department's adviser for developing medical tests for Black Lung Benefits Act claims.
"Digital radiography enhances our ability to determine the presence of black lung disease in a timely manner for coal miners and their families, which will in turn allow us to reduce the time required to make decisions on benefit eligibility," said Gary A. Steinberg, acting director of OWCP. "By adding digital X-ray imaging to the current film technology, all parties benefit from an expanded list of approved diagnostic providers. It will also reduce OWCP's processing costs and give the parties greater access to modern medical technology."
Both the direct final rule and the proposed rule can be viewed at http://s.dol.gov/100. Interested parties may submit comments online at http://www.regulations.gov or through the other methods listed in the Federal Register until August 13, 2013.
The mission of the Division of Coal Mine Workers' Compensation, or the Federal Black Lung Program, is to administer claims filed under the Black Lung Benefits Act. The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, eligible survivors of miners whose death was attributable to or hastened by pneumoconiosis, and survivors of miners who were entitled to benefits at the time of their death. The Act also provides eligible miners with medical coverage for the treatment of lung diseases arising out of coal mine employment. For more information, visit http://www.dol.gov/owcp/dcmwc/.