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REASONABLE   ACCOMODATION

MANAGING A REQUEST
FOR ACCOMMODATION

WITH THE
MEDICAL REVIEW OFFICER (MRO)



 


After the medical documentation is received, managers should determine if any further medical review is necessary. (For example, there would be no need for further review if the medical information indicated that an employee’s medical condition of multiple sclerosis required the employee to begin using braces when walking and the request was for the installation of a ramp.) 

If further review is necessary, the documentation should be provided to a competent Medical Review Officer (MRO). Included with the medical information should be a signed Medical Release; an explanation of the medical/personnel issue to be addressed; the employee’s accurate position description or listing of duties; and performance standards for the employee’s position. The supervisor must also indicate the essential functions of the position. 

Some considerations in selecting a Medical Review Officer (MRO):

è Accessibility to appropriate medical personnel depending on the condition to be assessed---don’t send a psychological issue to an internist

è Familiarity with the Americans with Disabilities Act (ADA) requirements and the current regulations and case law

è Availability to testify

è Familiarity with Federal requirements for record retention, confidentiality, and Privacy Act disclosures 

è Ability to be impartial, objective, and assess only the facts

The MRO should make a determination only about: è Does the condition meet the definition of "disabling" as defined by the ADA?

è With the articulated disability, can the employee perform the essential functions of his/her assigned position?

è From a medical point of view, is the requested accommodation appropriate for the articulated disability? 

è Is the condition permanent or temporary?

è Are there other accommodations that may be appropriate other than those requested by the employee?

è If the employee is on medication it may be appropriate to ask the impact of the medication on the employee’s ability to successfully perform the job duties.

è Respond to specific questions relative to the condition and job duties.
Releases and Medical Records Taking into account agency practices and specific labor management obligations, each Agency must determine who has the authority to see employee medical information/records. REMEMBER there is an obligation to maintain the employee’s confidentiality and privacy by not sharing information with individuals who do not have a need to know. Contact your agency’s Privacy Act Officer to discuss internal rules regarding storage and maintenance of medical records.
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