PERAC Memo #15 - 2009: Proposed Regulation on Member’s Physician Statement, 840 CMR 10.06

Proposed Regulation on Member’s Physician Statement, 840 CMR 10.06

Summary

PERAC withdrew the proposed regulation that would have required two Physician's Statements for disability retirement applications, opting instead to revise the single Physician's Statement form itself, with input from its consulting physician, to improve clarity and reporting of medical findings. The revised form separates accidental disability questions (3A) from Heart/Lung/Cancer presumption cases (3B); boards should begin using this updated Treating Physician Statement immediately and must use it for all disability applications initiated on or after June 1, 2009, with completed statements still requiring an original signed hard copy submission.

Full Text

MEMORANDUM #15, 2009 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Proposed Regulation on Member’s Physician Statement, 840 CMR 10.06 DATE: March 11, 2009 At the Commission meeting held on December 4, 2008, the Commission considered the written and oral comments that were received regarding the proposed amendment which would require applicants for disability retirement to file two Physician’s Statements instead of one as now required. As a result of the testimony received throughout the public hearing process the Commission decided not to go forward with the regulatory change. In light of this decision, the staff was directed to complete the revision of the Physician’s Statement Pertaining to a Member’s Application for Disability Retirement prior to moving forward with the amendment to the regulation. Enclosed you will find the revised Physician Statement to be implemented for any Disability Application initiated on or after June 1, 2009. This revised form is intended to enhance the member’s treating physician’s effort to report medical findings and opinions in a more timely fashion and with a certain level of medical clarity. With the help of PERAC’s consulting physician, Dr. John Buress, this document is presented in a more user friendly design to make completion of the form in line with current medical reporting standards. Essentially, this format differs from the current Physician Statement in two areas. First it contains specific medical responses and reporting statements associated with each of the three basic questions required for accidental disability eligibility, or in the case of ordinary disability eligibility, the first two questions. Such medical responses and statements may be handwritten in the areas provided or in a narrative using the items listed as a template. The second major difference in this revised Physician Statement you can find in the presentation of the third question. For the purposes of distinguishing between the filing of an Accidental Disability application and an Accidental Disability under a Presumption, there is now a (3A) question for a regular Accidental Disability application and a (3B) question for applications being filed under the Heart, Lung or Cancer Presumption Laws. In the near future you will be receiving an updated CD containing all PERAC Disability forms which will include this revised Treating Physician Statement. You will have the ability to make an electronic copy of the Physician Statement for the treating physician’s use. However, any completed Statement should be returned to the Board, signed in a hard copy format. You may begin using the new Treating PhysicianStatement immediately; however such Statement must be used for any Disability application initiated on or after June 1, 2009.

Enclosure