PERAC Memo #26 - 2005: Medical Panel and Restoration to Service Examinations

Medical Panel and Restoration to Service Examinations

Summary

This memo addresses complaints regarding improper conduct at Medical Panel and Restoration to Service (RTS) examinations, specifically the submission of unauthorized information directly to examining physicians and participation by attorneys or representatives during exams. It clarifies that only members may bring supplemental medical documentation directly to an exam; all other additional information must be routed through the retirement board (for Medical Panels) or PERAC (for RTS exams), and non-member attendees may not participate beyond answering physician questions.

Boards should ensure their members, attorneys, and representatives are aware of this protocol, since PERAC may void a physician's findings and bill the offending party if the process is intentionally obstructed or circumvented.

Full Text

Memorandum 26 /2005

M E M O R A N D U M TO: All Retirement Boards, Examining Physicians, and Medical Service Vendors FROM: Joseph E. Connarton, Executive Director PERAC RE: Medical Panel and Restoration to Service Examinations

DATE: August 29, 2005

The Public Employee Retirement Administration Commission (PERAC) has recently received several complaints about persons attending Medical Panel and Restoration to Service examinations. The complaints include:

(1) Members, attorneys, and employee representatives providing additional information to a PERAC examining physician at the time of the examination or after the examination. (2) Members, attorneys, and employee representatives sharing reports of other panel physicians. (3) Persons (other than the member) attending the examination and initiating discussions with the PERAC examining physician during the examination or after the examination.

ATTENDANCE AND PARTICIPATION:

This memo is being issued to assure that all parties are aware of the procedure that must be followed by those conducting or attending a Medical Panel or Restoration to Service examination.

Physicians conducting medical examinations for PERAC have been informed and understand the statutory provisions that various persons may attend a scheduled PERAC medical examination; such individuals however, are not allowed to participate in the process. Also, no one may bring information for the examining physician (except for the member who may bring x-ray films, CT reports, other hospital testing, etc.) unless specifically authorized to do so by PERAC.

The Medical Panel Examination Process:

• The retirement board is required to gather and submit medical information and other necessary information regarding a member to each Medical Panel physician.
• Any other person who wishes for the physician to have additional information or documents must submit that information to the retirement board. The retirement board may provide the M E M O R A N D U M - Page Two TO: All Retirement Boards, Examining Physicians, and Medical Service Vendors FROM: Joseph E. Connarton, Executive Director PERAC RE: Medical Panel and Restoration to Service Examinations
DATE: August 29, 2005

information to the Medical Panel physician. If the retirement board has questions regarding the appropriateness of the materials submitted to them, they may contact PERAC for assistance.
• If a person presents information directly to a Medical Panel physician at the time of the examination or after the examination has been completed, the physician will not review the information and must advise the person to submit the information directly to the retirement board.
• No person attending the examination (except for the member) may participate in the process and are limited in their responses to questions posed by the physicians.

PERAC will be forced to eliminate the findings of a Medical Panel if it becomes evident that a person intentionally obstructs or circumvents the Medical Panel process. The offending party will be billed for the cost of the Medical Panel.

The Restoration to Service Examination (RTS) Process:

• PERAC is required to gather and submit medical information and other necessary information regarding a member to each RTS physician. • Any other person who wishes for the physicians to have additional information or documents must submit the information to PERAC. If a person presents information directly to a RTS physician at the time of the examination or after the examination has been completed, the physician will not review the information and must advise the person to submit the information directly to PERAC.
• No person attending the examination (except for the member) may participate in the process and are limited in their responses to questions posed by the physicians.

PERAC will be forced to eliminate the findings of a RTS Physician if it becomes evident that a person intentionally obstructs or circumvents the RTS process. The offending party will be billed for the cost of the RTS examination(s).

We trust the foregoing is of assistance to you. If you have any questions concerning this memorandum please contact Barbara Lagorio, Disability Unit Director, at 617-666-4446 extension 952.