Chapter 3304-2 Vocational Rehabilitation Program

3304-2-21 Third-party payments.

(A) Regardless of any contract provision to the contrary, RSC shall pay for the costs of treatment, supportive services accessories and their upkeep, and costs incurred as part of a rehabilitation plan in excess of and secondary to payments of any third-party payor and pursuant to rule 3304-2-52 of the Administrative Code. RSC payments for costs shall be made after all third-party payment sources are exhausted.

(B) As used in this rule, "third-party payor" means any insurer or other third-party payor licensed by the Ohio superintendent of insurance and any payor under any individual or group contract.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," 29 U.S.C. 2801 2945 , which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701 - 797 and resulting regulations.

Effective: 07/11/2013
R.C. 119.032 review dates: 04/08/2013 and 07/11/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15 , 3304.16(A)
Rule Amplifies: 3304.15 , 3304.16
Prior Effective Dates: 8/29/1979, 1/11/1999, 1/20/2004, 12/10/2007, 4/11/08, 8/10/2009

3304-2-23 Fees for services. [Rescinded].

Rescinded eff 8-10-09

3304-2-51 Vocational rehabilitation program.

(A) OOD shall provide vocational rehabilitation services for eligible individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, so that they may prepare for, secure, retain or regain employment.

(B) OOD shall not discriminate against any person on the basis of age, color, national origin, race, sex, disability, religion, military status or ancestry.

(C) OOD shall not require a duration of residency to provide services to an applicant who is present in Ohio. An applicant shall establish that he/she is either a U.S. citizen or a legal entrant into the U.S. OOD may require an applicant to provide verification of employment authorization.

(D) OOD shall process referrals and applications, determine eligibility or ineligibility, and provide services in a timely manner. OOD may collaborate with partners to assist in implementing the VR program.

(E) OOD shall inform each consumer about OOD's civil rights compliance, the methods of consumer appeal, and confidentiality. These rights shall be provided in the native language or mode of communication of the consumer's understanding. OOD shall also provide each consumer a copy of the application for services, a copy of rights and duties, informed choice, and DD rights, as appropriate, through a method that is appropriate for each consumer. OOD shall inform each applicant, consumer or their representative about the client assistance program.

(F) OOD shall inform each consumer that information given to or retained by OOD is confidential, whether it is required by law, what it is used for, and how and why it may be released.

(G) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 12/27/2013
R.C. 119.032 review dates: 10/09/2013 and 12/27/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15 , 1347.05(E) , 1347.08(A)(1) and (3) .
Prior Effective Dates: 9/30/1985, 12/1/1986, 5/11/1987, 4/4/1988, 3/12/1993, 1/11/1999, 1/3/2000, 6/20/2002, 1/20/2004, 8/4/2008, 3/30/2009

3304-2-52 Least cost, use of comparable benefits, consumer contribution, and fees for services.

RSC shall provide services to consumers at the least cost consistent with the consumer's rehabilitation needs and with consumer choice.

(A) Maximum fees for medical, psychological and dental services paid wholly or in part by RSC shall be established by the executive director and shall be listed in the RSC fee schedule, available from the office of the executive director.

(B) Pursuant to section 3304.14 of the Revised Code, the executive director shall establish a fee schedule for vocational rehabilitation services. The executive director hereby adopts the vocational rehabilitation service provider fee schedule indicated in the appendix A to this rule, developed with stakeholder input, effective October 1, 2012. Any community rehabilitation program, entity or person providing a service listed on the vocational rehabilitation providers fee schedule shall bill in accordance with the fee schedule.

(C) Maximum fees for training services paid wholly or in part by RSC shall be those established by the school.

(D) RSC shall pay only the fee agreed upon up to the maximum listed in the fee schedule, less the consumer contribution and less any applicable comparable benefit.

(E) RSC shall not pay for missed appointments or other goods and services which have not been provided, except when required for purchase order items and except for the guaranteed minimum fee for interpreter service.

(F) If a consumer chooses to receive services from a qualified service provider other than the least cost provider identified in accordance with this rule, RSC shall only pay for the services in the amount it would cost for the consumer to go to the least cost service provider. Any costs incurred by the consumer above that amount shall be the consumer's sole responsibility to pay.

(G) Notwithstanding paragraph (F) of this rule, the consumer may not choose an alternative provider when goods or services are procured through the department of administrative services competitive bidding process.

(H) "Comparable benefits" means services and benefits that are available to a consumer from federal, state, or local public agencies, by health insurance, or by employee benefits.

(1) RSC shall use comparable benefits to pay for services, unless such a determination would interrupt or delay:

(a) Services to a consumer who is at extreme medical risk. "Extreme medical risk" means a probability of substantially increasing functional impairment or a risk of death if medical services, including mental health services, are not provided expeditiously; determination of such risk shall be based on medical evidence provided by an appropriate, licensed medical professional;

(b) An immediate job placement;

(c) The progress of the consumer toward achieving the employment outcome in the individualized plan for employment.

(2) RSC shall not require the use of comparable benefits for diagnostic services, but when possible, available information shall be obtained rather than new services purchased.

(3) Awards and scholarships based on merit are not considered comparable benefits.

(4) RSC shall not require the use of comparable benefits for counseling and guidance, referral, job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services, rehabilitation technology, and any of these services when provided as post-employment services.

(I) A consumer may be expected to pay for services to the extent possible.

(J) Exceptions to this rule may be made only upon the express, written approval of the executive director of RSC or the executive director's designee.

(K) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Click to view Appendix

Effective: 12/30/2012
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A) , 3304.14(B)(2)
Rule Amplifies: 3304.16(K)(2) , 3304.16(K)(3) , 3304.14(B)(2)
Prior Effective Dates: 9/30/85, 4/4/88, 7/21/90, 3/12/93, 5/15/98, 1/11/99, 1/3/00, 6/20/02, 1/20/04, 9/5/06, 08/10/09

3304-2-53 Qualifications for service providers and vendors.

(A) RSC shall purchase services only from service providers who are licensed by the state in which they practice, if applicable, or meet the requirements of the rule 3304-1-12 of the Administrative Code.

(B) RSC uses Ohio service providers and shall use Ohio vendors when appropriate.

(C) RSC shall purchase services and goods only from service providers and vendors who agree not to charge or accept any payment from the consumer or the consumer's family unless the amount of the charge or payment is previously known and approved by RSC.

(D) RSC shall purchase hearing aids only from dealers who agree to the following conditions:

(1) To provide a thirty-day trial period, free of charge, and to charge RSC only for the cost of the ear mold if, during the trial period, the consumer cannot adjust to the aid or refuses to use the aid, or the aid is not working properly; and

(2) To guarantee the aid and all parts for one year with normal use and to service the aid during that period.

(E) Community rehabilitation programs providing vocational evaluation, work adjustment, personal adjustment, job placement, job coaching, and community-based assessment service programs shall meet RSC's designated reporting requirements mandated by federal law. If the necessary information is not provided to RSC in a timely manner, the community rehabilitation program will be removed from the list of qualified providers until the information is provided.

(F) This rule is designed to implement "Title IV of the Workforce Investment Act," 29 U.S.C. 2801 - 2945 , which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701 - 797 and resulting regulations.

Effective: 07/11/2013
R.C. 119.032 review dates: 04/08/2013 and 07/11/2018
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 125.09(C) , 3304.16(K)(5)
Prior Effective Dates: 9/30/1985, 4/4/1988, 1/11/1999, 9/1/1999, 5/14/2001, 5/1/2003, 7/30/2007

3304-2-54 Eligibility for services, assessment, and trial work experiences.

(A) "Eligibility for services" means that a person: (1) has a physical, cognitive or mental impairment which constitutes or results in a substantial impediment to employment; (2) can benefit from VR services in terms of an employment outcome; and (3) requires VR services to prepare for, secure, retain, or regain employment. Only an RSC counselor (or supervisor acting as a counselor) may determine eligibility.

(1) A person who is receiving or who has been determined eligible for social security disability insurance (SSDI) benefits or supplemental security income (SSI) shall be considered to be an individual with a significant disability, and presumed eligible provided the person intends to achieve an employment outcome. The employment outcome shall be consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the person. The person is presumed eligible for vocational rehabilitation services unless RSC can demonstrate by clear and convincing evidence that the person is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual.

(2) RSC shall use another agency's eligibility criteria to establish that a physical, cognitive or mental impairment exists if RSC determines that the agency's criteria are appropriate, available, and consistent with RSC's eligibility requirements.

(3) Every person who meets the criterion in paragraph (A)(1) of this rule shall be presumed to meet the criterion of paragraph (A)(2) of this rule, unless RSC demonstrates, based on clear and convincing evidence that the person is incapable of benefiting from vocational rehabilitation services due to the severity of the person's disability.

(a) Prior to such a determination RSC must conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations through the use of trial work experiences, with supports, provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

(b) Under limited circumstances if a person cannot participate in trial work experiences RSC shall conduct an extended evaluation, providing only those services necessary to make an appropriate determination of the person's ability to benefit from vocational rehabilitation services.

(4) "Employment outcome" means entering or retaining full-time or, if appropriate, part-time competitive employment (including supported employment) in the integrated labor market. An employment outcome must be consistent with a consumer's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Volunteer work shall not be considered employment.

(a) "Competitive employment" means full-time or part-time work in the competitive labor market in an integrated setting; and for which earnings are at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.

(b) "Integrated setting," with respect to an employment outcome, means a setting typically found in the community in which consumers interact with persons who do not have a disability, other than service providers, to the same extent that non-disabled persons in comparable positions interact with other persons.

(c) "Extended employment" means work in a non-integrated or sheltered setting for a public or private non-profit agency or organization that provides compensation in accordance with the Fair Labor Standards Act of 1938 ( 29 U.S.C., Sections 201 - 219 ).

(5) Eligibility shall be determined no later than sixty days after a person has submitted an application unless (a) exceptional and unforeseen circumstances beyond the control of RSC preclude RSC from determining eligibility within sixty days and the person agrees that a specific extension of time is warranted; or (b) trial work experiences or an extended evaluation are provided. The consumer shall receive a copy of a written extension of time.

(6) The certificate of eligibility shall be signed and dated by the counselor and shall indicate that the consumer meets the eligibility criteria. The consumer shall receive a copy.

(7) A determination of eligibility must not be based on: the particular service needs or the anticipated cost of services required by an applicant, or the income level of the applicant or the applicant's family, the type of expected employment outcome, or source of referral for vocational rehabilitation services.

(B) RSC shall provide an assessment to a person who has applied for services (unless ineligibility is determined before completion or the case is closed for some other reason), to determine whether the person meets the eligibility criteria for services, or whether trial work experiences or extended evaluation are needed to make the determination.

(C) After eligibility is determined, RSC shall determine the person's priority group for purposes of order of selection, consistent with rule 3304-2-65 of the Administrative Code.

(D) A review of existing information shall be used for the determinations listed in paragraphs (B) and (C) of this rule, unless such information is insufficient to make the determinations. Then, additional assessment may be obtained and may include the provision of goods and services. Such additional assessment shall be carried out in the most integrated setting consistent with the informed choice of the consumer.

(E) To the extent additional information is necessary, a comprehensive assessment is provided for persons who are eligible.

(F) Comprehensive assessment shall be:

(1) Limited to information necessary to determine the current general health status of the person, to identify the VR needs of the person and to develop and determine the employment outcome, and nature and scope of VR services to be included in the IPE;

(2) Provided to identify the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and needs, including the need for supported employment; and

(3) Obtained from existing information, including information provided by the person's family, to the maximum extent possible and appropriate. Any additional assessment shall be carried out in the most integrated setting consistent with the informed choice of the consumer.

(G) Comprehensive assessment may include assessment of the following factors to the degree needed to make the determinations indicated in paragraphs (F) to (F)(3) of this rule:

(1) Pertinent medical, psychiatric, psychological, neuropsychological, and other pertinent vocational, educational, cultural, social, recreational and environmental factors that affect the employment and rehabilitation needs of the person; and

(2) The person's personality, career interests, interpersonal skills, intelligence, and related functional capacities, educational achievements, and personal and social adjustment, employment opportunities, and other pertinent data; and

(3) The person's work experience, vocational aptitudes, patterns of work behavior, and the services needed for the person to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance including the use of work in real job situations to assess and develop the person's capacities to perform adequately in a work environment; and

(4) The potential to benefit from rehabilitation technology services to assess and develop the capacities of the person to perform in a work environment.

(H) Diagnostic services for supported employment may be provided only after an assessment for VR is provided and only after eligibility has been determined. Diagnostic services for supported employment may be provided in circumstances such as the following:

(1) Additional information is needed to determine the most suitable supported employment outcome or what on-going support services are needed.

(2) A reassessment of the suitability of the employment outcome is needed.

(3) There is a change in the consumer's physical or mental condition.

(I) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 03/30/2009
R.C. 119.032 review dates: 12/15/2008 and 01/02/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.11(B) and (C) ; 3304.16(A), (H) and (K)(5)
Prior Effective Dates: 9/30/1985, 12/1/1986, 5/21/1988, 4/22/1991, 3/12/1993, 11/22/1993, 10/7/1994, 5/15/1998, 1/3/2000, 6/20/2002, 1/20/2004, 8/4/2008

3304-2-55 Vocational rehabilitation counseling and guidance, referral.

(A) RSC staff shall provide counseling and guidance, including information and support services to assist an individual in exercising informed choice. It includes personal adjustment counseling and vocational counseling, to maintain a counseling relationship throughout the rehabilitation process. RSC shall provide referral to other programs when necessary to help the person secure needed services from other agencies.

(B) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "the Rehabilitation Act of 1973," and resulting regulations.

R.C. 119.032 review dates: 03/26/2009 and 03/25/2014

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H) and (K)(5)

Prior Effective Dates: 9/30/1985, 4/22/1991, 5/15/1998, 1/3/2000, 1/20/2004

3304-2-56 Conditions for providing services; and the individualized plan for employment (IPE).

Each consumer shall receive those services and accommodations necessary to enable him/her to participate in assessment(s) and to receive other services such as vocational rehabilitation counseling and guidance and referral to other agencies and to enable the consumer to exercise informed choice.

(A) RSC shall provide services to an eligible consumer only if they are listed on the IPE, The employment outcome and the nature and scope of rehabilitation services to be included in the consumer's individual plan for employment shall be determined following comprehensive assessment of the consumer's unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, including the need for supported employment services. Services on the IPE must be necessary to enable the consumer to reach or maintain the employment outcome;, or if an auxiliary service is provided, to permit the consumer to take part in those services. RSC shall provide services in the most integrated setting appropriate for the consumer's vocational needs. "Integrated setting" means a setting typically found in the community in which consumers interact with persons who do not have a disability, other than service providers.

(B) An IPE shall be developed in a timely manner for each eligible consumer, or if RSC is operating under an order of selection and an order of selection waiting list exists, in a timely manner after the eligible consumer is assigned to a counselor for plan development from the order of selection waiting list. RSC shall provide an eligible consumer or the consumer's representative, in writing, with information on the consumer's options for developing an IPE. The consumer, or as appropriate, his or her parent, guardian, or authorized representative, has the option to develop his or her own IPE or to work in partnership with RSC to develop the IPE. "Authorized representative," for purposes of rules 3304-2-51 to 3304-2-66 of the Administrative Code, includes a family member, a guardian, an advocate, or any other person authorized by the consumer. The IPE shall be agreed upon and signed by the counselor and the consumer and, as appropriate, his or her parent, guardian, or authorized representative.

(1) The IPE shall include, but shall not be limited to, the following content:

(a) The employment outcome for consumers determined eligible (for consumers in supported employment, a minimum, weekly work goal that maximizes the consumer's vocational potential at the time of transition to extended services);

(b) The specific VR services needed (including on-going support services for persons in supported employment; and rehabilitation technology, personal assistance services, and training in the management of such services, if appropriate), the projected beginning date and anticipated duration of each service, timelines for the achievement of the employment outcome, a statement that services shall be provided in the most integrated settings appropriate, and the service provider(s) or vendor(s);

(c) The criteria for the evaluation of progress toward achievement of the employment outcome; and for supported employment periodic monitoring to ensure satisfactory progress toward meeting the weekly work goal by the time of transition to extended services;

(d) As determined to be necessary, a statement of the projected need for post-employment services;

(e) What comparable benefits shall be used;

(f) For supported employment, an assessment of the need for extended services, who (what state, federal, or private organization, or family, trust fund, or private for-profit organization, such as an employer, or other resources) will provide extended services, the basis for determining that extended services are available, and if the source is unknown, a statement as to why there is a reasonable expectation that services will become available;

(g) A statement that the consumer was informed about and involved in choosing among alternative employment outcomes, services, service providers, the setting in which services shall be provided, the employment setting, and methods of providing such services;

(h) The consumer's responsibilities in implementing the IPE, including the extent of participation in the cost of services; and

(i) A statement indicating consumer's rights, including the methods of appeal, and of the availability of the client assistance program.

(2) The IPE and amendmentsamendment to it shall be provided to the consumer and, as appropriate, the parent, guardian, or authorized representative, to the maximum extent possible, in the native language or mode of communication of the consumer, and the parent, guardian, or authorized representative as appropriate.

"Mode of communication" means specialized aids and supports that enable a person with a disability to comprehend and respond to information that is being communicated, such as braille.

(3) The IPE shall be jointly reviewed each year with the consumer (and as appropriate, his or her parent, guardian, or authorized representative) to assess the consumer's progress in achieving the identified employment outcome, and amended if necessary.

(4) The IPE shall be jointly amended as necessary. Such amendment shall be agreed upon and signed by the consumer and the counselor (and, as appropriate, his or her parent, guardian, or authorized representative) before the change(s) takes place or the service(s) begins, unless an emergency would require that the service be provided before the amendment is signed. In this case, the amendment must be agreed upon and signed as soon as possible. An amendment must be completed when there are substantive changes in the employment outcome, vocational rehabilitation services, or the service providers, financial responsibility of RSC or the consumer, or the need for supported employment.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 03/30/2009
R.C. 119.032 review dates: 12/15/2008 and 01/02/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.16(K)(5)
Prior Effective Dates: 9/30/1985, 4/4/1988, 4/22/1991, 3/12/1993, 12/17/1993, 10/1/1996, 6/20/2002, 1/20/2004

3304-2-57 Restoration.

(A) Restoration services are provided to correct or substantially modify within a reasonable period of time, a physical or mental condition that constitutes a substantial impediment to employment. Restoration services shall be provided only if the condition is stable or slowly progressive; or if the condition is not stable or slowly progressive, only when the restoration is provided under trial work experiences.

(B) OOD shall not provide the following restoration services:

(1) Abortion;

(2) Experimental surgery and/or medical equipment;

(3) Sterilization;

(4) Transplants of vital organs other than kidneys; or

(5) Transsexual surgery or any ancillary procedures associated with, or leading up to such surgery.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 12/27/2013
R.C. 119.032 review dates: 10/09/2013 and 12/27/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.11(G) , 3304.15
Prior Effective Dates: 9/30/1985, 12/1/1986, 10/7/1994, 5/15/1998, 9/1/1999, 1/20/2004, 1/16/2007

3304-2-58 Training.

Training includes, but is not limited to, vocational training, personal adjustment training, vocational adjustment training, on-the-job training, work experience, mentoring, and training services such as books, tools, job coaching, and other training materials. Training may be provided at universities, colleges, community/junior colleges, career technical centers, technical institutes, hospital schools of nursing, rehabilitation facilities, and other appropriate training sites or programs (for example, recruitment and training services to provide employment opportunities in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate public service employment.)

(A) The trainer shall pay the vocational rehabilitation consumer involved in on-the-job (OJT) training a wage previously agreed upon by RSC and the trainer. OJTs at no wage shall be prohibited. (See rule 3304-2-60 of the Administrative Code for supported employment OJT.) The fee for OJT shall be either: (1) proportionate to the consumer's production, the time the trainer spends training the consumer, and the materials and equipment used in training, or (2) calculated on a percentage of the consumer's wage.

(B) To continue receiving RSC sponsorship, an undergraduate student shall maintain an accumulative "C" average (or equivalent). For a graduate or professional student, the grade standard shall be the school's grade requirement for graduation. For a student in any other training program, the grade standard shall be that established by the program.

(C) RSC shall provide training supplies and equipment only when required by the training program for all trainees; or when needed by the consumer to overcome limitations imposed by a disability. When RSC is helping pay for any training tools and equipment, they shall remain the property of RSC until released in writing.

(D) The consumer who receives a refund of any training fees, which RSC has paid, shall return the refund to RSC.

(E) The determination of least cost for the purpose of college training shall include consideration of an appropriate Ohio two-year college educational institution in accordance with rule 3304-2-52 of the Administrative Code, if the coursework needed is offered at a two-year institution and can meet the consumer's vocational rehabilitation needs.

(F) Consumers attending a four-year educational institution under an RSC individualized plan for employment during the 2004/2005 academic year, excluding summer school, shall complete the sophomore year of studies by June 2008, in accordance with paragraph (I) of this rule to be exempted from paragraph (E) of this rule.

(G) For consumers, who have completed the freshman and sophomore years of post-secondary education, RSC shall pay the remaining years of education at the cost level of the four-year post-secondary educational institution, after deducting the expected family contribution (EFC) and any comparable benefits from the educational expenses.

(H) Post-secondary educational expenses shall be authorized based upon financial need.

(1) The consumer shall apply for financial aid by completing and submitting the free application for federal student aid (FAFSA), when the school participates in federal student aid programs.

(2) The consumer shall submit a copy of his/her student aid report (SAR) to his/her counselor for each academic year for which RSC is authorizing post-secondary educational training. The EFC listed on the SAR shall be used in calculating the consumer's financial need.

(3) The consumer shall be required to contribute fifty per cent of the EFC for the 2005/2006 academic year, and seventy-five per cent of the EFC for the 2006/2007 academic year, and one-hundred per cent of the EFC for each succeeding academic year.

(4) Consumers who receive supplemental security income (SSI) or social security disability insurance (SSDI), or those who are excluded pursuant to section 4121.66 of the Revised Code, are provided post-secondary educational training services without applying the financial needs test specified in paragraph (H)(3) of this rule.

(5) The RSC contribution to post-secondary educational expenses shall be computed by subtracting the following from the cost of post-secondary educational expenses: the combined total of all grant monies, comparable benefits, and the percentage of the EFC to be paid by the consumer, as described in paragraph (H)(3) of this rule. All awards and scholarships awarded to the consumer shall be applied to the EFC.

(I) To continue receiving RSC sponsorship, a consumer shall demonstrate satisfactory progress in accordance with paragraph (B) of this rule and shall have a maximum of eighteen consecutive months to complete each academic year of post-secondary educational training as defined by the degree program. The appropriate area manager and/or designated assistant area manager shall request, with justification, approval from the bureau director and/or his/her designee to extend the time limit.

(J) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973."

R.C. 119.032 review dates: 04/19/2010 and 04/17/2015
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.16(H) and (K)(5)
Prior Effective Dates: 9/30/1985, 5/21/1988, 4/22/1991, 1/3/2000, 5/19/2005

3304-2-59 Services.

(A) Vocational rehabilitation services include vocational evaluation, work adjustment, personal adjustment, job placement, job coaching, and community-based assessment service programs;

(B) The following services may be provided to an applicant or eligible consumer, as needed, to obtain or fully participate in assessment and/or VR services, consistent with rule 3304-2-56 of the Administrative Code and consumer informed choice.

(1) Interpreter and note-taking services, reader service, and child care.

(2) Maintenance. "Maintenance" means the additional costs incurred by a person while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an IPE. Maintenance shall not be provided after the consumer receives his/her first paycheck, or after the first thirty days of self-employment.

(3) Transportation. "Transportation" means travel costs and related costs (that is, meals and lodging) which consumers incur for themselves and their personal care assistants because of participation in another VR service or employment. Transportation includes adequate training in the use of public transportation vehicles and systems. Transportation may be provided during employment until case closure.

(4) Diagnosis and care for acute physical or mental conditions which, if not cared for, will interfere with the progress of services on an IPE. Treatment shall not exceed thirty consecutive days, except under unusual extenuating circumstances.

(5) Tools, equipment, and initial stocks. When RSC purchases non-perishable items they shall remain the property of RSC until released in writing.

(6) Services to family members. These services shall only be provided to allow the consumer to participate in vocational rehabilitation services. Only services that can be provided to consumers shall be provided to family members.

(7) Other goods and services necessary to achieve an employment outcome. These include but are not limited to rehabilitation teaching, orientation and mobility services, and occupational licenses.

(8) Technical assistance and other consultation services in the pursuit of self-employment, telecommuting, or establishing a small business operation as an employment outcome.

(9) Job placement and assistance with job placement in suitable employment.

(10) Rehabilitation technology. "Rehabilitation technology" means the application of technology, engineering methods, or scientific principles to remove or modify barriers to enable the consumer to participate in VR services including, but not limited to, education, rehabilitation, employment, and transportation. It includes rehabilitation engineering, assistive technology devices, and assistive technology services including telecommunications, sensory, and other technological aids and devices, vehicle modifications and home modifications. Such services shall only be provided after a qualified evaluator has determined the consumer's tolerance for and ability to successfully use the aid or device and that the device or aid otherwise appropriately meets the consumer's vocational rehabilitation need.

(11) Training services consistent with rule 3304-2-58 of the Administrative Code.

(12) Physical and mental restoration services consistent with rule 3304-2-57 of the Administrative Code.

(13) Supported employment services consistent with rule 3304-2-60 of the Administrative Code.

(14) Transition services that promote or facilitate reaching the employment outcome. "Transition services" mean a coordinated set of activities for a high school student, designed within an outcome-oriented process that promotes movement from high school to post-school activities.

(a) The coordinated set of activities shall be based on the student's needs, taking into account the student's preferences and interests. Such activities shall include instruction, community experiences, the development of employment, and other post-school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation.

(b) School to post-school activities include post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, personal and vocational adjustment training, and community participation.

(15) Personal assistance services, and any other support services needed to participate in the vocational rehabilitation process. "Personal assistance services" mean a range of services, provided by one or more persons, designed to assist a consumer to perform daily living activities on or off the job that a person would typically perform if that person did not have a disability. Such services shall be designed to increase the consumer's control in life and ability to perform everyday activities on or off the job. Personal assistance services may also include training in managing, supervising, and directing these services, if appropriate and desired by the consumer.

(16) Post-employment services. After the consumer's case has been closed rehabilitated, RSC may provide VR post-employment services under an IPE necessary to help the person maintain employment or regain the same or other employment as long as the services relate to the original disability(ies). For consumers in supported employment, discrete post-employment services may be provided if limited re-intervention is compelled because specific services are needed to maintain the job placement and the extended services provider does not provide these services to anyone else. Post-employment services for consumers in supported employment may not be used in situations of underemployment or if extensive training would be required; a new case shall be opened.

(C) RSC shall not erect buildings including homes, and shall not purchase land, buildings including homes, vehicles, experimental items, or representation for appeal hearings for a referral, applicant, or consumer.

(D) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Replaces: 3304-2-59

Effective: 06/01/2009
R.C. 119.032 review dates: 05/01/2014
Promulgated Under: 119.03
Statutory Authority: 3306.16(A)
Rule Amplifies: 3304.16(H) and (K)(5)
Prior Effective Dates: 9/30/1985, 4/4/1988, 4/22/1991, 3/12/1993, 12/17/1993, 10/1/1996, 5/15/1998, 1/3/2000, 6/20/2002, 1/20/2004, 5/19/2005, 9/5/2006

3304-2-60 Supported employment services.

(A) Supported employment means either of the following:

(1) Competitive work in integrated work settings, or employment in integrated work settings in which consumers are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the consumers with on-going support services, for consumers with the most significant disabilities for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of a significant disability who because of the nature and severity of their disabilities need intensive supported employment services and extended services after transition to perform work; or

(2) Transitional employment for persons with the most significant disabilities due to mental illness.

(B) Supported employment services shall be provided only to a consumer who has the most significant disability(ies) and who:

(1) Has not been competitively employed or whose competitive employment has been interrupted or intermittent because of a disability; and

(2) Has been determined to be eligible for VR services.

(C) Supported employment services include the following:

(1) Job development and placement in competitive work in an integrated work setting for the maximum number of hours possible.

(2) On-going support services mean those that are needed to support and maintain a consumer in supported employment and to provide job stabilization and that are listed on the IPE. They must include, at a minimum, twice-monthly monitoring of job stability at the work site. However, if the IPE so provides, the monitoring of job stability may be off-site and coordinated with specific services at or away from the work site. If off-site monitoring is determined to be appropriate, it must, at a minimum, consist of twice-monthly meetings with the consumer.

In transitional employment (provided to consumers with the most significant disabilities due to mental illness), on-going support services must include continuing sequential job placements until permanent employment is achieved.

On-going support services that are furnished by OOD from job placement until transition to extended services are called time-limited services; those that are provided following transition by one or more extended services providers are called extended services.

(3) Time-limited services are on-going support services provided by OOD before the consumer makes the transition to extended services. Transition may not occur until the consumer has substantially met the work goal. They are normally provided for a time not to exceed eighteen months. Time-limited services may be provided for a period longer than eighteen months if a longer period to achieve job stabilization has been established in the IPE, the consumer has made substantial progress toward meeting the hours-per-week work goal, and there will be no break between time-limited services and extended services. Time-limited services include, but are not limited to:

(a) Intensive on-the-job skills training to include social skills training, and other training provided by skilled job trainers, job coaches, employment specialists, co-workers, and other qualified workers, using natural worksite supports.

(b) Any VR services if needed to achieve and maintain job stability.

(c) Follow-up services to reinforce and stabilize job placement, including regular contact with employers, consumers, parents, guardians, or other representatives of consumers, and other suitable professional and informed advisors.

(4) Extended services are on-going support services provided by a state agency, a private non-profit organization, or any other appropriate resources, from funds other than funds received for supported employment, VR, or special projects and demonstrations, after the consumer has made the transition from OOD services.

(D) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 12/27/2013
R.C. 119.032 review dates: 10/09/2013 and 12/27/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15
Prior Effective Dates: 5/21/1988, 3/12/1993, 11/22/1993, 5/15/1998, 1/3/2000, 6/20/2002, 1/20/2004

3304-2-61 Closure.

(A) RSC shall close a consumer's case for reasons that include, but are not limited to, the following:

(1) The consumer does not have a physical or mental impairment;

(2) The consumer does not have a substantial impediment to employment;

(3) There is clear and convincing evidence, based on trial work experiences, that VR services will not benefit the consumer in terms of an employment outcome due to the severity of the disability;

(4) Services are no longer expected to benefit the consumer in terms of an employment outcome due to the severity of the disability;

(5) VR services are not required for the person to prepare for, secure, retain, or regain employment;

(6) All necessary VR services have been provided and the consumer is suitably employed;

(7) The consumer cannot be located;

(8) The consumer dies;

(9) The consumer is unavailable for services for an indefinite or considerable period of time;

(10) The consumer needs non-VR service from another agency or has moved to another state and will be referred;

(11) The consumer has refused services or has failed to cooperate;

(12) The consumer cannot accept or maintain a job because transportation is not feasible or not available; or

(13) The consumer does not meet RSC's order of selection and is not interested in being placed on a waiting list, or is not available or not interested in services at a later time.

(B) When a consumer is determined ineligible, or after becoming eligible is determined to be no longer eligible, RSC shall close the case only after providing an opportunity for a full consultation with the consumer or, as appropriate, his or her parent, guardian, or other representative.

(1) RSC shall provide the consumer with a written notice containing the reasons for the ineligibility determination, the methods of appeal, the availability of the client assistance program, and a record of the consumer's views. If after the consumer has been provided trial work experiences, RSC is closing the consumer's case because the disability is too severe, RSC shall have clear and convincing evidence that the consumer is unable to benefit from VR services in terms of an employment outcome. If the determination of ineligibility is based on a finding that the consumer is incapable of achieving an employment outcome, he/she shall be referred to the local extended employment provider.

(2) The case shall be closed without consultation in any of the following situations:

(a) Services or consultation has been refused;

(b) The consumer is no longer present in the state;

(c) The consumer cannot be located; or

(d) The consumer's physical condition is terminal or rapidly progressive.

(C) RSC shall close an eligible consumer's case rehabilitated only when all of the following criteria are met:

(1) The consumer has achieved the employment outcome that is described in his/her individualized plan for employment; and

(2) Services provided on the IPE have contributed to the achievement of employment; and

(3) Employment is consistent with the consumer's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and

(4) The consumer has maintained employment for at least ninety days; and

(5) At the end of ninety days, the consumer and the rehabilitation counselor consider employment to be satisfactory, agree that the consumer is performing well on the job and that he/she no longer needs vocational rehabilitation services; and

(6) The individual is informed through appropriate modes of communication of the availability of postemployment services.

(D) When services have been provided under an IPE and the consumer's case is being closed for a reason other than ineligibility or death, RSC shall discuss closure with the consumer, if possible, and shall provide the consumer with a written notice of closure which states the reason for closure, the methods of appeal, and the availability of the client assistance program. If the consumer's case is being closed rehabilitated, RSC shall also include in the written notice: the consumer's occupation, the date employment began, any projected need for post-employment services as determined to be necessary, that a reassessment of the need for extended services has been completed for persons in supported employment, and the basis on which the consumer has been determined to be rehabilitated, including the criteria listed in paragraphs (C) to (C)(6) of this rule.

(E) This rule is designed to implement "Title IV of the Workforce Investment Act," 29 U.S.C. 2801 - 2945 , which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701 -797 and resulting regulations.

Effective: 07/11/2013
R.C. 119.032 review dates: 04/08/2013 and 07/11/2018
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.16(E), (K)(5)
Prior Effective Dates: 9/30/1985, 12/1/1986, 4/4/1988, 3/12/1993, 11/22/1993, 5/15/1998, 1/3/2000, 6/20/2002, 4/11/2008,

3304-2-62 Consumer appeals.

(A) An applicant, a consumer, a former consumer, or the consumer's legal guardian (that is the parent of a minor or a court-appointed guardian) or authorized representative who believes that the consumer's civil rights have been violated may file an appeal(s) in the following ways:

(1) Through the procedures defined in paragraphs (B) to (D) of this rule;

(2) With the RSC equal employment opportunity office; and/or

(3) With the office for civil rights, United States department of education.

(B) An applicant, a consumer, a former consumer, or the consumer's legal guardian (that is the parent of a minor or a court-appointed guardian) or authorized representative may appeal an RSC action about the provision or denial of services. The consumer shall appeal in writing to the RSC executive director within thirty days of learning about the action.

(1) The executive director or designee shall notify the area management of the appeal request. Area management shall contact the consumer after notice of the appeal to schedule an informal meeting, either in person or by telephone, to resolve the issue unless documented meaningful contact regarding the subject of the appeal was made prior to the actual filing of the appeal and no resolution could be reached. Area management shall record the outcome of the contact and provide a copy to the consumer and to the RSC executive director or designee.

(2) The formal hearing shall be conducted pursuant to Chapter 119. of the Revised Code where such provisions do not conflict with the Rehabilitation Act of 1973, as amended, and the following requirements.

(a) The hearing shall be conducted within sixty days of the appeal request. The hearing shall be conducted by an impartial hearing officer who has not previously participated in making any decisions about the consumer's case. "Impartial hearing officer" means a person who: (i) is not an employee of a public agency, (ii) has not been involved in previous decisions about the consumer, (iii) has knowledge of the delivery of VR services, the state plan, and the federal and state regulations governing the provision of services, (iv) has received training with respect to the performance of official duties, and (v) has no personal, professional, or financial interest that would conflict with objectivity.

(b) The hearing shall be held at the RSC central office in Columbus, Ohio, unless written medical documentation supporting the need for an alternative site is provided by the consumer.

(c) A stenographic record of the hearing shall be provided only upon the consumer's written request.

(d) Within thirty days of completion of the hearing, the hearing officer shall issue a written report and decision. The report shall contain the findings and the grounds for the decision, which shall be based on the approved VR state plan and the Rehabilitation Act of 1973, as amended. The hearing officer shall send by certified mail, the report and decision to the consumer or as appropriate, his or her representative, and to RSC.

(e) The time limits established in paragraphs (B)(2)(a) and (B)(2)(d) of this rule may be extended by mutual agreement of the parties, or for good cause shown at the request of either party.

(3) A civil action for review of the decision can be brought by either RSC or the consumer in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction.

(C) Either RSC or the consumer may request mediation. If the mediation is agreed upon by all parties, the mediation shall occur prior to a formal hearing.

(D) If the consumer appeals a decision, RSC shall continue to provide vocational rehabilitation services including evaluation, assessment, IPE development, and VR services listed on the IPE until the formal hearing decision is made or until the appeal is resolved informally, except when the evaluation or assessment service is a time-limited diagnostic service. In such a case, when the time-limited diagnostic service is completed as authorized, there shall be no continuance of this service but other VR services shall be continued, if applicable. A service may be modified, suspended, or terminated without a formal hearing if the service was obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the consumer. An interruption or change in dates shall not be considered to be a suspension, a modification, or a termination of services.

(E) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Effective: 06/01/2009
R.C. 119.032 review dates: 12/15/2008 and 05/01/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 119.06 , 119.07 , 119.12 , 3304.16(E) and (K)(5) , 3304.20
Prior Effective Dates: 9/30/1985, 5/11/1987, 4/4/1988, 1/20/1990, 4/22/1991, 3/12/1993, 2/25/1997, 5/15/1998, 8/7/2000, 6/20/2002, 1/20/2004, 1/16/2007

3304-2-63 Confidentiality of information.

RSC shall collect consumer information, maintain it until appropriate destruction, and keep it confidential. RSC shall also eliminate consumer information when it is no longer necessary and relevant to the lawful functions of RSC, and when its elimination is permitted in accordance with other state and federal regulations that govern RSC.

Throughout this rule, the consumer's legal guardian (court-appointed with authority to act in this area, or a parent for a minor) shall have the same rights as the consumer, and the legal guardian shall also sign any consent to release information.

(A) "Confidential information" means any information received about any person who has been referred to RSC, has applied for services, is currently receiving services, or has received services. Anyone who has access to information held by RSC shall keep such information confidential.

(B) Within fifteen days of the consumer's written request, RSC shall release any information contained in the consumer's case record except for that information listed in paragraphs (D) to (D)(2) of this rule, and shall inform the consumer of his or her right to disagree with information that has been collected and how the consumer may register the disagreement. The consumer shall receive one copy of information on a one-time, no-cost basis.

(C) Upon the consumer's written request to review his or her case record, RSC shall schedule a mutually convenient time for the consumer to review his or her case record.

(1) A counselor or supervisor shall be present during the consumer's review.

(2) On request, the consumer shall receive one copy of information on a one-time, no-cost basis.

(D) The consumer shall not have access to the following information:

(1) Medical, psychological, or other information that an RSC medical or psychological consultant determines may be harmful to the consumer. Such information shall be released only to a third party designated by the consumer, in writing, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual, in which case the information shall be released to the court-appointed representative. RSC shall not assume the cost for the interpretation of any information to the consumer. If any information is removed from the case record under this section for the consumer's review, the consumer shall be informed of the procedure for obtaining the release of information to a third party.

(2) The consumer shall not have access to unpurchased information that is marked confidential or which otherwise indicates that it shall not be shown to the consumer. If the consumer requests such information, the consumer shall be referred to the source.

(E) If the consumer objects to any information in the case record, RSC shall review the disputed information for accuracy, relevance, timeliness, and completeness, and shall inform the consumer of the results of the review and the action taken, if any, within ninety calendar days of the consumer's objection.

(1) Information about eligibility or justification for services provided or not provided shall not be destroyed even if it cannot be verified or is inaccurate; it shall be placed in an envelope labeled "For Audit/Internal Program Use Only" and returned to the case record. The information in the envelope shall not be released to anyone.

(2) If information cannot be verified or is inaccurate but is not about eligibility or services, it shall be destroyed (or, when possible, parts of it lined out). A list of deleted documents shall be marked "For Audit/Internal Program Use Only," filed in the case record, and shall not be released to anyone.

(3) If the consumer is not satisfied with the review and the action taken, RSC shall then take either of the following actions, as appropriate:

(a) If the consumer wants to prepare a written rebuttal about information not destroyed, the rebuttal shall be entered into the record, and shall be included when RSC releases a copy of the information the rebuttal is about. If RSC believes the consumer's rebuttal is frivolous or irrelevant, RSC may also include a statement saying that and explain why. RSC shall inform the consumer that at his or her written request, a copy of the rebuttal shall be provided to any person the consumer designates.

(b) RSC shall inform the consumer that at his or her written request, any person the consumer designates shall be informed that the disputed information has been removed.

(F) By signing the general consent on the RSC application for services, the consumer (or the consumer's legal guardian) shall permit RSC to provide only that information needed to obtain services from service providers, vendors, other agencies, and facilities; to obtain placement from employers; to report to the referral source; and to provide information requested by parole officers. If more information than that which identifies the consumer is released to a service provider or a cooperating agency, RSC shall inform the provider of the following:

(1) Whether any of the information released has been determined by an RSC medical or psychological consultant to be potentially harmful to the consumer, and therefore shall be released only to a third party designated by the consumer pursuant to the provision in paragraph (D) of this rule;

(2) That the information shall not be released to others without the consumer's consent; and

(3) That the information shall be used only for the purpose provided.

(G) The consumer's specific written consent shall be needed for the following purposes. If the consumer has a legal guardian (court-appointed with authority to act in this area, or a parent for a minor), the guardian must also sign the consent.

(1) The consumer may sign a written consent to permit any other person to have access to the information in the consumer's record that the consumer may have access to. Any person so designated by the consumer shall receive one copy at no cost.

(2) If the consumer provides a written consent, RSC may release information to the media, but shall release only information that may be released to the consumer. (If media personnel contact RSC about a consumer, RSC shall not discuss any consumer and/or case records, or acknowledge that any person is or is not a consumer, or give identifying data that may reveal a consumer's identity.)

(3) If RSC receives a request for consumer information that is for a purpose not covered elsewhere in this rule, the following shall apply:

(a) The requester shall provide the consumer's written consent;

(b) Only the information that meets the criteria for release to the consumer shall be released;

(c) Information shall be released only to the extent that is needed to meet the requester's needs; and

(d) Released information shall include a statement that the information is provided only for the purpose stated and shall not be released to anyone else unless the consumer's consent is obtained.

(4) If RSC receives a subpoena for consumer records, the records shall be provided only with the consumer's written consent. The attorney who subpoenaed the records shall be responsible for obtaining the consumer's written consent.

(H) Consent from the consumer shall not be needed for RSC to release consumer information for investigations in connection with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); to protect the consumer or others when the consumer poses a threat to his or her safety or to the safety of others; in response to a court order; to report a felony as required by law; or when required by federal law.

In addition, the consumer's consent shall not be needed for the release of consumer information to an organization, agency, or individual engaged in audit, evaluation, or research for purposes directly connected with the administration of the vocational rehabilitation program, or for purposes which would significantly improve the quality of life for persons with disabilities, and both of the following conditions are met:

(1) If the organization, agency, or individual assures that:

(a) The information shall be used only for the purposes for which it is being provided;

(b) The information shall be released only to persons officially connected with the audit, evaluation, or research;

(c) The information shall not be released to the consumer;

(d) The information shall be managed in a manner to protect confidentiality;

(e) The final product shall not reveal any personal identifying information without the written consent of the consumer or his or her guardian or legal representative; and

(2) The RSC executive director or designee has approved the release.

(I) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

R.C. 119.032 review dates: 04/19/2010 and 04/17/2015
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.21 , 3304.16(E) , 1347.01 , 1347.08 to 1347.10
Prior Effective Dates: 9/30/1985, 5/11/1987, 4/4/1988, 1/3/2000, 1/30/2001,
5/19/2005, 7/30/2007

3304-2-64 Counselor responsibilities in the provision of services. [Rescinded].

Rescinded eff 8-10-09

3304-2-65 Order of selection.

(A) RSC shall implement an order of selection when RSC determines that, based on projected fiscal and personnel resources, that it will not be able to provide services to all individuals who are expected to be found eligible in the next fiscal year.

(B) Individuals who have begun to receive services under an individualized plan for employment prior to the effective date or modification of implementation of order of selection shall continue to receive services.

(C) To implement an order of selection RSC shall first determine an individual's eligibility pursuant to rule 3304-2-54 of the Administrative Code. Eligible individuals shall then be assigned to one of three order of selection priority categories, defined as follows:

(1) Most significant disability (MSD) - an individual who meets the definition of "significant disability" as defined in paragraph (C)(2) of this rule, but whose disability seriously limits three or more functional capacities.

(2) Significant disability (SD) - an individual who has a physical, mental or cognitive disability that seriously limits one or two functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills) in terms of an employment outcome; and who is expected to need multiple vocational rehabilitation services over an extended period of time.

(3) Other eligible individuals - an individual who meets the definition of eligible per rule 3304-2-54 of the Administrative Code but whose impairment does not rise to the level of a significant disability.

(D) An individual who has been determined eligible for social security benefits under Title II or Title XVI of the Social Security Act, shall, at a minimum, be assigned an order of selection priority category of significant disability; the individual may be assigned an order of selection priority category of most significant disability if there is documentation of limitations in three or more functional areas.

(E) When an order of selection is in effect, individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services; individuals with significant disabilities shall be the next highest priority for services, followed by all other eligible individuals.

(F) Eligible individuals shall be notified in writing of their assignment to an order of selection priority category and their right to appeal their category assignment.

(G) A determination of an individual's assignment to an order of selection priority category shall not be based on: source of referral; type of expected employment outcome; the need for specific services or anticipated cost of services required; or the income level of the individual or the individual's family.

(H) Individuals with disabilities, including eligible individuals who do not meet the agency's order of selection criteria for receiving vocational rehabilitation services, when an order of selection is in effect, shall be provided vocational rehabilitation information and guidance, including referral to other components of the statewide workforce investment system and other appropriate federal and state programs.

(I) RSC shall end an order of selection when:

(1) Projections indicate there are sufficient resources in the current federal fiscal year to provide services to all individuals who are found eligible; or

(2) Projections for a new federal fiscal year indicate that there will be adequate resources to serve all individuals who are found eligible.

Replaces: 3304-2-65

Effective: 10/01/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.15 , 3304.16(K)
Prior Effective Dates: 2/26/90, 11/22/93, 10/7/94, 1/31/96, 2/25/97, 1/3/00, 6/20/02, 5/19/05

3304-2-66 Conditions for providing self-employment services.

(A) OOD shall provide services to implement a business only after a consumer has an attainable, written business plan.

(B) OOD's financial contribution to purchase an existing business shall be preceded by a legal and fiscal review for liens, litigation or other hidden costs.

(C) OOD funds shall be used to implement businesses only when the consumer is an owner.

(D) OOD shall not participate as an ongoing investor in the business; the consumer shall have alternate plans for continued business funding.

(E) Equipment purchased for the business shall be justified in the business plan and included in the IPE.

Effective: 12/27/2013
R.C. 119.032 review dates: 10/09/2013 and 12/27/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15
Prior Effective Dates: 9/14/1998, 1/20/2004

3304-2-67 Home modifications.

(A) OOD may purchase home modifications only if they are necessary to enable the consumer to engage in an acceptable employment outcome or to participate in a vocational rehabilitation service provided under an individualized plan for employment that leads to an acceptable employment outcome.

(B) Home modifications shall only be made to a consumer's primary residence. "Primary" means the home from which the consumer would usually leave to go to work.

(C) Home modifications shall not be made to new construction that has been built specifically for the consumer.

(D) To enable a consumer to leave the home, home modifications are limited to providing one entrance/exit from the home.

(E) To enable the consumer to prepare to attend training or employment on a daily basis, home modifications are limited to equipment and minimum modifications.

(F) To enable a consumer to work at home, OOD may make additional essential modifications including equipment and access into a room of the home that is used to perform the work.

(G) Home modifications may include a room addition, but only when a cost analysis indicates such construction is more cost effective than other modifications or options.

(H) Modifications may be made to rental property. A modification to rental property for accessibility shall be temporary or portable whenever possible. Written permission shall be obtained from the landlord prior to beginning the modification. A written agreement, signed by the landlord and consumer, specifying the respective responsibilities when the consumer vacates the rental property shall be obtained.

(I) The OOD counselor shall authorize a rehabilitation technologist, rehabilitation engineer or architect to perform the home accessibility evaluation. The evaluator, and any company in which he/she holds an interest, is prohibited from bidding on the project.

(J) An inspection shall be performed to determine if the property needs to be brought up to code before modifications are authorized. If modifications require upgrading existing systems (i.e. plumbing, electrical, etc.), the cost of upgrading these systems to meet building codes is the responsibility of the consumer in accordance with rule 3304-2-52 of the Administrative Code.

(K) The successful bidder shall provide a one-year warranty from the date of final acceptance of work against defective workmanship, and shall guarantee that all materials/products/appliances installed or furnished perform their advertised function. Additional warranties may be provided by relevant manufacturers.

(L) After the home modification is completed and final payment is issued to the contractor, the home modification equipment shall be released to the consumer. OOD will have no further responsibility for maintenance, repair, replacement, removal or restoration of the site.

Effective: 12/27/2013
R.C. 119.032 review dates: 10/09/2013 and 12/27/2018
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15
Prior Effective Dates: 9/30/1985, 4/4/1988, 4/22/1991, 3/12/1993, 12/17/1993, 10/1/1996, 5/15/1998, 1/3/2000, 6/20/2002, 1/20/2004, 5/19/2005, 9/5/2006, 3/30/2009