FCE Regulatory Compliance & Guidelines 2 — Questions and Answers
Question 1: Under the ADA, which standard requires that FCE results be used to determine whether a worker can perform 'essential functions' of a job?
- Title I employment provisions (Correct answer)
- Title II public services
- Title III public accommodations
- Section 504 of the Rehabilitation Act
Correct answer: Title I employment provisions
ADA Title I governs employment and requires that FCE findings relate to an individual's ability to perform the essential functions of the specific job in question.
Question 2: Which federal agency oversees workers' compensation regulations that most directly affect FCE reporting requirements at the federal level?
- Department of Labor (DOL) (Correct answer)
- Department of Health and Human Services (HHS)
- Equal Employment Opportunity Commission (EEOC)
- Occupational Safety and Health Administration (OSHA)
Correct answer: Department of Labor (DOL)
The Department of Labor oversees federal workers' compensation programs, including the Federal Employees' Compensation Act (FECA), which establishes FCE-related reporting standards.
Question 3: When an FCE evaluator is asked to provide testimony in a legal proceeding, which ethical guideline is MOST critical to maintain?
- Objectivity and impartiality regardless of the referring party (Correct answer)
- Advocacy for the referring physician's opinion
- Support of the employer's return-to-work timeline
- Agreement with the claimant's self-reported limitations
Correct answer: Objectivity and impartiality regardless of the referring party
FCE evaluators serving as expert witnesses must remain objective and impartial, basing opinions solely on objective findings rather than advocating for any party.
Question 4: The Social Security Administration's definition of 'Residual Functional Capacity' (RFC) requires FCE evaluators to document which time parameter for work-related activities?
- Duration across an 8-hour workday (Correct answer)
- Performance during a 2-hour sprint test
- Maximum effort during a 30-minute window
- Average across a 40-hour workweek
Correct answer: Duration across an 8-hour workday
SSA's RFC assessment requires documentation of a claimant's ability to sustain work activities throughout a standard 8-hour workday, 5 days per week.
Question 5: Which HIPAA provision specifically governs the release of FCE reports to employers or insurance companies without explicit patient authorization?
- Minimum necessary standard for disclosures (Correct answer)
- Notice of Privacy Practices requirement
- Business Associate Agreement mandate
- De-identification safe harbor provision
Correct answer: Minimum necessary standard for disclosures
HIPAA's minimum necessary standard requires that only the information needed for the specific purpose be disclosed when releasing FCE data to third parties such as employers or insurers.
Question 6: Under most state workers' compensation statutes, FCE results can be used to establish which of the following?
- Degree of permanent partial disability (PPD) (Correct answer)
- Causation of the original workplace injury
- Liability of a third-party tortfeasor
- Eligibility for Social Security Disability Insurance
Correct answer: Degree of permanent partial disability (PPD)
FCE findings are most commonly used in workers' compensation systems to objectively quantify the degree of permanent partial disability and inform impairment ratings.
Question 7: OSHA's General Duty Clause (Section 5(a)(1)) is relevant to FCE practice because it requires employers to do which of the following?
- Provide a workplace free from recognized hazards that may cause serious harm (Correct answer)
- Mandate post-offer FCEs for all new hires in safety-sensitive positions
- Require annual FCEs for workers in high-risk industries
- Document all FCE results in OSHA 300 logs
Correct answer: Provide a workplace free from recognized hazards that may cause serious harm
OSHA's General Duty Clause obligates employers to maintain safe workplaces, which provides the legal context for using FCEs to match workers' capacities to job demands and prevent re-injury.
FCE Regulatory Compliance & Guidelines 2
Under the ADA, which standard requires that FCE results be used to determine whether a worker can perform 'essential functions' of a job?