3307:1-7-04 Disability benefits - treatment.

(A) If the medical review board or its chair determines that through medical treatment or mechanical devices an applicant's condition might be improved, within the twelve month period following the filing of an application, consideration of the application may be delayed while the applicant obtains the treatment or mechanical devices specified by the medical review board or its chair provided that:

(1) The medical review board or its chair has determined that medical treatment or mechanical devices offer a reasonable expectation of correction or rehabilitation of the disabling condition to the extent that the applicant could be expected to be capable of performing teaching duties within a reasonable time, but not to exceed six months.

(2) The medical review board or its chair has determined that the medical treatment or mechanical devices specified are of wide acceptance and readily available.

(3) The medical treatment or mechanical devices specified under this paragraph shall not include invasive procedures or shock treatment.

(B) The retirement board may specify medical treatment or mechanical devices as described in paragraph (A) of this rule as a condition of eligibility for granting or continuing disability benefits pursuant to division (G) of section 3307.62 of the Revised Code. Where such treatment is required:

(1) The applicant or recipient shall agree in writing before disability benefits are granted or continued to acquire the treatment or devices specified by the retirement board or its designee(s) upon the recommendation of the medical review board or its chair. An applicant or recipient shall further agree to timely submit periodic reports of the effect of such continuing treatment or devices.

(2) The retirement board will assume the cost of medical treatment or mechanical devices for a recipient only to the extent such treatment or devices are covered under the state teachers retirement health care program and such a recipient has enrolled in a plan in the program that covers the treatment or devices.

(3) A disability benefit shall be suspended if the recipient fails to agree or obtain the specified medical treatment or devices or to submit timely reports of such treatment. Notice shall be given to the recipient at least thirty days in advance of suspension. If the required written agreement, treatment and/or reports are thereafter not received for a period of one year, the benefit shall terminate as of the date of the original suspension.

(C) Following receipt of notice that consideration of the application is being delayed due to paragraph (A) of this rule, the applicant may submit additional medical evidence supporting why treatment or mechanical devices should not be pursued. The evidence will be reviewed by the medical review board or its chair and a determination by the medical review board or its chair that the application be delayed while the applicant obtains medical treatment or medical devices shall be final.

Effective: 03/24/2013
R.C. 119.032 review dates: 05/27/2016
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.48 , 3307.62 , 3307.63 , 3307.631
Prior Effective Dates: 12/23/76, 12/26/77, 2/26/81, 7/3/97, 10/29/98 (Emer.), 1/17/99, 7/1/01 (Emer.), 9/27/01, 7/1/06, 6/6/11, 1/7/13 (Emer)