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Final Rule Revising Black Lung Regulations
The Department of Labor published a final rule on April 26, 2016 amending the regulations implementing the Black Lung Benefits Act. Black Lung Benefits Act: Disclosure of
Medical Information and Payment of Benefits, 81 Fed. Reg. 24464. The effective date for the final rule is May 26, 2016. The final rule addresses four major points:
- It requires parties to exchange all “medical information� that is developed in connection with a claim.
- It requires payment from a liable coal mine operator before the operator is allowed to challenge an award of benefits by way of modification.
- It clarifies that a physician’s supplemental report is simply an extension of the original report for purposes of the evidentiary limitations.
- It allows “the Director to submit medical evidence, up to the limits allowed a responsible operator under the evidence-limiting rules, when the identified responsible operator stops defending a claim during the course of litigation because of adverse financial developments, such as bankruptcy or insolvency.�
See also Proposed Rule Black Lung Benefits Act: Disclosure of Medical Information and Payment of Benefits, 80 Fed. Reg. 23743 (Apr. 29, 2015).
Laws
- U.S. Code: 30 U.S.C. §§ 901 to 944
- Code of Federal Regulations:
- 20 CFR Part 718 - Standards for Determining Coal Miners' Total Disability or Death Due to Pneumoconiosis
- 20 CFR Part 725 - Claims for benefits under Part C of Title IV of the Federal Mine Safety and Health Act, as amended
- Older regulations
- HIPAA Privacy Rules
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- Supplement (Oct. 31, 2016) (highlights show changes since last supplement)
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Note: The information above is provided as reference material only. The Department of Labor, the Office of Workers' Compensation Programs, and the Office of Administrative Law Judges have no role in granting A or B reader status.
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