Disclosure of Medical Evidence

OWCP is engaging in this rulemaking to address a variety of programmatic issues that have arisen in administering the Black Lung Benefits Act. Among them, the current rules do not address whether the parties must disclose medical evidence they develop in connection with a claim for benefits and generally provide that payment for medical treatment and services is capped at the rate prevailing in the community where the service provider is located but provide no method for determining that rate. To ensure that coal miners have full access to information about their health and to enhance the accuracy of entitlement determinations, this rule would address disclosure of medical evidence. It would also amend rules governing payment of medical treatment and services to incorporate the fee schedule used in other OWCP-administered programs, and address a liable party's responsibility to pay benefits under an effective award while pursuing modification.

The latest form for Disclosure of Medical Evidence expires 2022-07-31 and can be found here.