Ranking Member Cassidy Rebukes DOL’s Delays in Providing Health Care to American Energy Workers

WASHINGTON – Today, U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, rebuked the Department of Labor (DOL) following alarming reports of delayed medical care to American energy workers under the Energy Employees Occupational Injury Compensation Program Act (EEOICPA).  

The EEOICPA provides medical treatment and other services to federal workers and contractors employed at Department of Energy (DOE) facilities who are ill due to radiation exposure or other toxic substances. The program has an emergency authorization process, which provides workers who have immediate medical needs 30 days of initial treatment with extensions that can last for a total of 90 days.  

According to a 2022 DOL report, workers eligible for this program have reported delays of four to six months for employment verification or to get their medications approved. Workers have also reported four month waits for their emergency authorization requests for treatment, delaying crucial care for workers who have immediate medical complications. In comparison, the Centers for Medicare and Medicaid Services (CMS) has an average approval time of 24 hours for emergency treatment authorizations. 

Cassidy is calling on DOL to provide information on their efforts to address these delays and ensure energy workers, especially those with emergency needs, have timely access to care.  

“DOL’s response lag has resulted in qualified beneficiaries waiting as long as 90 days to receive approval for care. In other words, beneficiaries can wait longer to receive authorization for a medication than the actual time they would need to use that medication as part of their treatment regimen,” wrote Dr. Cassidy. “[Office of Workers' Compensation Programs] opaque processes leave beneficiaries in the dark as they wait for treatment approval.” 

“DOL’s slow response is preventing some workers from receiving timely medical attention. This is unacceptable and needs immediate remedy,” continued Dr. Cassidy. “DOL must eliminate this backlog in a timely manner to ensure that medical care is available to American energy workers as Congress intended.” 

Read the full letter here and below. 

Dear Acting Secretary Su:

I write regarding alarming reports that the Department of Labor’s (DOL) Office of Workers’ Compensation Programs’ (OWCP) poor management of the Energy Employee Occupational Injury Compensation Program Act (EEOICPA or “the Act”) is negatively affecting Americans’ medical care. The EEOICPA program serves energy workers exposed to radiation and other toxic substances, and reimburses qualified employees for medical care associated with chronic illnesses incurred due to exposures while serving our country. Constituents alerted me that beneficiaries are currently waiting over 90 days for DOL approval of treatment regarding chronic complex respiratory conditions. By comparison, the Centers for Medicare and Medicaid Services (CMS) has a 24-hour approval time.^[1] DOL’s slow response is preventing some workers from receiving timely medical attention. This is unacceptable and needs immediate remedy.

Providers report DOL often notifies the department received their request without any follow-up, explanation of how long it will take to provide approval for medical treatment, or justification for any delay. OWCP’s opaque processes leave beneficiaries in the dark as they wait for treatment approval. Claims filed with the agency often are met with no answer for at least four to six months.^[2] While OWCP has an Emergency Authorization Request Process, this process does not appear to be widely used by providers.^[3] The agency’s response protocols do not offer any direction to patients.

Further, DOL’s response lag has resulted in qualified beneficiaries waiting as long as 90 days to receive approval for care. In other words, beneficiaries can wait longer to receive authorization for a medication than the actual time they would need to use that medication as part of their treatment regimen.

DOL must eliminate this backlog in a timely manner to ensure that medical care is available to American energy workers as Congress intended. Please provide answers on a question-by-question basis, by December 13, 2023.

1. What steps is OWCP taking to address the backlog of approvals within the EEOICPA program?

2. What metrics is OWCP using to measure if its efforts are successful?

3. What is the timeline for elimination of the backlog?

4. What instruction does OWCP provide providers on how to apply for coverage of affected workers?

5. How does OWCP inform providers of what to do in cases of urgent medical necessity?

What, if any, changes will OWCP institute to assist qualified workers and their providers experiencing critical health conditions while the backlog continues?

Thank you for your prompt attention to this important matter.

Sincerely,