Chapter 3304-2 Vocational Rehabilitation Program

(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 3304-2-23 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,” which contains the 1998 amendments to “The Rehabilitation Act of 1973,” and resulting regulations.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

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

(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 which is available from the office of the RSC executive director.

(B) Fees for vocational rehabilitation services obtained from a community rehabilitation program shall be those established by the program.

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

(D) Fees for other services paid wholly or in part by RSC shall be the amount charged by the vendor for services, after making a reasonable attempt to find the lowest fee.

HISTORY: Eff 3-6-78; 1-7-85; 5-11-87; 4-4-88; 3-12-93; 1-11-99; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.15, 3304.16(A)

Rule amplifies: RC 3304.16(K)(5)

RC 119.032 review dates: 12/15/03, 8/19/03, 1/20/09

(A) Rules 3304-2-21, 3304-2-23, and 3304-2-51 to 3304-2-66 of the Administrative code govern vocational rehabilitation (VR) services.

(B) RSC shall not discriminate against any person on the basis of age, color, national origin, race, sex, or type of disability.

(C) There shall be no residence requirement for any person who is present in Ohio, including aliens with visas that do not prohibit work.

(D) RSC shall process referrals and applications, determine eligibility or ineligibility, and provide services in a timely manner.

(E) RSC shall inform each consumer about RSC’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. RSC shall also provide each consumer a copy of the “Application for Services/General Consent” form, a copy of rights and duties, informed choice, and MRDD rights, as appropriate, through a method that is appropriate for each consumer. RSC shall inform each applicant, consumer or their representative about the client assistance program.

(F) RSC shall inform each consumer that information given to or retained by RSC 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.

HISTORY: Eff 9-30-85; 12-1-86; 5-11-87; 4-4-88; 3-12-93; 1-11-99; 1-3-00; 6-20-02; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.16(E), 3304.16(K)(5), 1347.05(E), 1347.08(A)(1), 1347.08(3)

RC 119.032 review dates: 12/15/03, 8/19/03, 1/20/09

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

(1) 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;

(2) An immediate job placement;

(3) The progress of the consumer toward achieving the employment outcome in the individualized plan for employment (IPE). 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. Awards and scholarships based on merit are not considered comparable benefits. RSC shall not require the use of comparable benefits for counseling and guidance, referral, training fees and books and supplies when provided in other than post-secondary schools, 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. If a comparable benefit is not immediately available for post-secondary education expenses, the RSC executive director or designee may permit the use of RSC funds in place of the comparable benefit when the comparable benefit will become available later and will be used to reimburse RSC.

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

(C) Services shall be provided at the least cost consistent with the consumer’s disability; and for training, services shall also be provided at the least cost consistent with training needed to reach the employment outcome. RSC shall pay no more than either the maximum amount allowed in the RSC fee schedule or the amount charged (whichever is less), minus the amount paid by comparable benefits and the consumer. If RSC is unable to obtain a medical or dental service for the maximum fee listed in the RSC fee schedule, an exception to the maximum may be granted by the area manager. If a fee is not found in the fee schedule, then the appropriate consultant, if any, shall be consulted and shall recommend a maximum fee. RSC shall not pay for missed appointments or other goods or services, which have not been provided, except when required for purchase order items and except for the guaranteed minimum fee for interpreter service.

(D) 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.

(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: 09/05/2006

R.C. 119.032 review dates: 01/20/2009

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(K)(5)

Prior Effective Dates: 09/30/1985, 04/04/1988, 07/21/1990, 03/12/1993, 05/15/1998, 01/11/1999, 01/03/2000, 06/20/2002, 01/20/2004

(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 to 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,” which contains the 1998 amendments to “The Rehabilitation Act of 1973,” and resulting regulations.

Effective: 07/30/2007

R.C. 119.032 review dates: 03/15/2007 and 07/30/2012

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

(A) “Eligibility for services” means that a person: (1) has a physical 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) Criteria (1) and (2) of paragraph (A) of this rule are the components of the definition of “individual with a disability” in “The Rehabilitation Act Amendments of 1998.”

(2) 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.

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

(4) Every person who meets criterion (1) in paragraph (A) of this rule shall be presumed to meet criterion (2) of paragraph (A) of this rule, unless RSC provides trial work experiences with supports, except under limited circumstances when the person can not take advantage of such experiences. Such experiences shall be provided to determine the eligibility of the consumer to demonstrate by clear and convincing evidence that the consumer is incapable of benefiting from VR services in terms of an employment outcome because the disability is too severe.

(5) “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 payment is 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 who are not disabled.

(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).

(6) 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 in writing that a specific extension of time is warranted; or (b) trial work experiences are provided. The consumer shall receive a copy of a written extension of time.

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

(8) 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 are needed to make the determination.

(C) An assessment is used to determine the consumer’s place in the order of selection, after eligibility has been determined.

(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 individual setting consistent with the informed choice of the consumer.

(E) To the extent additional information is necessary, 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 individual and 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) When the first eligibility criterion is met but it is suspected that the applicant can not benefit from VR services in terms of an employment outcome because of the severity of the disability, the consumer shall be provided trial work experiences. Services shall be provided to allow additional opportunities for the person to become capable of benefiting from VR services or to provide clear and convincing evidence that the person is incapable of benefiting from VR services. RSC shall provide these services until eligibility or ineligibility is determined.

(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.” and resulting regulations.

HISTORY: Eff 9-30-85; 12-1-86; 5-21-88; 4-22-91; 3-12-93; 11-22-93; 10-7-94; 5-15-98; 1-3-00; 6-20-02; 1-20-04

Rule promulgated under: RC119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.11(B) and (C); 3304.16(A), (H) and (K)(5)

RC 119.032 review dates: 4/14/03, 8/19/03, 1/20/09

(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.

HISTORY: Eff 9-30-85; 4-22-91; 5-15-98; 1-3-00; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.16(H), 3304.16(K)(5)

RC 119.032 review dates: 5/15/98, 4/14/03, 8/19/03, 1/20/09

(A) RSC shall provide services only if they are listed on the IPE, except for assessment services and needed auxiliary services for them, and referral. RSC shall provide services on the IPE only for one of the following purposes: (1) to enable the consumer to reach or maintain the employment outcome; or (2) as an auxiliary service needed for the consumer to take part in those services. RSC shall provide services only in an integrated setting. “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) As soon as the consumer is determined eligible for services, an IPE shall be developed. 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 developed through assessment of the consumer’s VR needs. 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. The IPE shall be designed to achieve the employment outcome of the consumer.

(1) The employment outcome shall be consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities, interests, and informed choice of the consumer, and shall include employment in an integrated setting. The employment goal shall be based on a comprehensive assessment.

(2) 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);

(b) The specific VR services to be provided (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, that services shall be provided in the most integrated settings unless terms and conditions are provided for not doing so, 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, and the basis for determining that extended services are available if the source is unknown, state 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 duties in implementing the IPE, including the extent of participation in the cost of services; and

(i) Statements of the consumer’s rights, including the methods of appeal, and of the availability of the client assistance program.

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

“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.

(4) RSC shall provide a copy of the IPE and amendments to the consumer and, as appropriate, his or her parent, guardian, or authorized representative.

(5) 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 eligible consumer’s progress in achieving the identified employment outcome, and re-developed if necessary.

(6) The IPE shall be jointly updated 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.

(C) That services will be provided in an integrated setting typically found in the community.

(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.

HISTORY: Eff 9-30-85; 4-4-88; 4-22-91; 3-12-93; 12-17-93; 10-1-96; 5-15-98; 9-14-98; 1-13-00; 6-20-02; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.16(K)(5)

RC 119.032 review dates: 4/14/03, 8/19/03, 1/20/09

(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) RSC 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: 01/16/2007

R.C. 119.032 review dates: 01/20/2009

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.11(G), 3304.16(H) and (K)(5)

Prior Effective Dates: 09/30/1985, 12/01/1986, 10/07/1994, 05/15/1998, 09/01/1999, 01/20/2004

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 percent of the EFC for the 2005/2006 academic year, and seventy-five percent of the EFC for the 2006/2007 academic year, and one-hundred percent 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 4121.66 of the Ohio 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.”

Effective: 05/19/2005

R.C. 119.032 review dates: 11/30/2004 and 05/19/2010

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

(A) RSC shall provide model and escort service, interpreter and note-taking services, reader service, and child care only if the consumer needs them to obtain or fully participate in assessment or VR services. RSC shall provide maintenance and transportation only as indicated in paragraphs (A)(1) and (A)(2) of this rule.

(1) “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 or her first paycheck, or after the first thirty days of self-employment.

(2) “Transportation” means travel costs and related costs (that is, meals and lodging) which consumers incur for themselves and their personal care assistants, escorts, or models 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. Neither an RSC employee nor someone retained by RSC (other than public and private transportation companies) shall transport a consumer unless he or she has signed the waiver of liability on the “Consent to Release Information; Waiver of Liability” form.

(B) RSC shall provide diagnosis and care (treatment shall not exceed thirty consecutive days) for acute physical or mental conditions which, if not cared for, will interfere with the progress of services on an IPE.

(C) When RSC purchases tools, equipment, initial stocks, or non-expendable supplies, they shall remain the property of RSC until released in writing.

(D) RSC shall pay for services to family members when, without them, the consumer could not participate in VR services. Only services that can be provided to consumers shall be provided to family members.

(E) Before RSC purchases telecommunications, sensory, and other technological aids and devices, a qualified evaluator shall determine the consumer’s tolerance for and ability to successfully use the aid or device.

(F) RSC shall pay workers’ compensation coverage for persons who provide direct consumer services, if the providers are not independent contractors.

(G) RSC shall provide other goods and services, including rehabilitation teaching, orientation and mobility services, including adequate training in the use of public transportation vehicles and systems, and occupational licenses, only if necessary for the reasons listed in paragraph (A) of rule 3304-2-56 of the Administrative Code.

(H) RSC shall provide job placement and assistance with job placement in suitable employment.

(I) “Rehabilitation engineering” means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by consumers in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.

(J) “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. It shall be provided only if necessary for the reasons listed in paragraph (A) of rule 3304-2-56 of the Administrative Code.

(1) RSC shall purchase vehicle modifications only if they are in compliance with rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(2) RSC 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.

(a) Home modifications shall only be made to a consumer’s primary residence. “Primary” means the home from where the consumer would usually go to work.

(b) Modifications shall not be made to new construction which has been built specifically for the consumer. Home modifications shall not be used to improve a consumer’s home. Instead, they should be regarded as being provided only when not providing them would make it impossible for the consumer to reach the employment outcome.

(c) To enable a consumer to leave the home, home modifications are limited to providing one entrance/exit from the home. To enable the consumer to prepare to attend training or employment on a daily basis, home modifications are limited to equipment and minimum modifications.

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

(e) Home modifications may include a room addition, stair glide or platform lift but only when a cost analysis indicates they are more cost effective than other modifications. Home modifications shall not include elevators.

(f) 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 facilities, the cost of upgrading these facilities to meet building codes is the responsibility of the consumer in accordance with rule 3304-2-52 of the Administrative Code.

(g) Modifications may be made to rental property. A modification for accessibility to rental property 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.

(h) After the home modification equipment is released to the consumer, RSC will have no further responsibility for maintenance, repair, replacement, removal, or restoration of the site.

(i) The RSC counselor shall authorize a rehabilitation technologist or rehabilitation engineer, architect, or contractor 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) The successful bidder shall file a “Stipulation against Lien” (i.e., “Waiver of Lien”) and provide a copy to the RSC counselor prior to commencement of work.

(k) The successful bidder shall provide a one-year warranty from the date of final acceptance of work and shall guarantee against defective workmanship of all materials/products/appliances installed or furnished, and that all materials/products/appliances perform their advertised function.

(K) RSC shall provide transition services that promote or facilitate reaching the employment outcome. The role of VR is planning for the student’s years after leaving high school.

(1) 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.

(2) 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.

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

(L) RSC shall provide personal assistance services, and any other support services, if the consumer needs them to obtain or participate in an assessment service, another VR service, or employment until the consumer’s case is closed. 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.

(M) 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. RSC shall provide the consumer a copy of the IPE.

(N) 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.

(O) 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: 09/05/2006

R.C. 119.032 review dates: 01/20/2009

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

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

Prior Effective Dates: 09/30/1985, 04/04/1988, 04/22/1991, 03/12/1993, 12/17/1993, 10/01/1996, 05/15/1998, 01/03/2000, 06/20/2002, 01/20/2004, 05/19/2005

(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 RSC 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 RSC 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 RSC 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.

HISTORY: Eff 5-21-88; 3-12-93; 11-22-93; 5-15-98; 1-3-00; 6-20-02; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.16(A), (H), 3304.16(K)(5)

RC 119.032 review dates: 4/14/03, 8/19/03, 1/20/09

(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,” which contains the 1998 amendments to “The Rehabilitation Act of 1973,” and resulting regulations.

Effective: 04/11/2008

R.C. 119.032 review dates: 01/14/2008 and 01/07/2013

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(E) and (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

(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.

(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 any RSC action about the furnishing or denial of services. When RSC determines that an auxiliary service is needed for a person’s full participation in an appeal, RSC shall provide it. To appeal an RSC action, the consumer shall appeal, in writing, tape, or braille, to the RSC executive director within thirty days of learning about the action.

(1) The executive director or designee shall notify the area manager of the appeal request. The area manager or designee shall then contact the consumer determine if the after notice of the appeal to determine if the appeal can be resolved informally, either in person or by telephone, 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. The area manager or designee shall record the outcome of the contact, whether it resulted in resolution or not, and provide a copy to the consumer and to the RSC executive director or designee. The attempt at informal resolution shall not delay scheduling the formal hearing.

(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 another site is designated.

(c) A stenographic record of the hearing shall be made 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 provisions of the approved VR state plan and the Rehabilitation Act of 1973, as amended. The hearing officer shall mail by certified mail, the report and decision to the applicant or 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 applicant or consumer in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction.

(C) In order to institute mediation, the consumer shall submit a request in writing, tape, or braille to the RSC executive director or his/her designee. If the mediation is agreed upon by all parties, the mediation shall occur prior to a formal hearing.

(D) If RSC decides to modify, suspend, or terminate a service that is being provided under an IPE, then an IPE amendment must be agreed upon and signed by the consumer before the change takes place. If the consumer does not agree, then he or she may appeal the decision. If the consumer appeals the decision, RSC shall continue to provide the service until the formal hearing decision is made or until the appeal is resolved informally. 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: 01/16/2007

R.C. 119.032 review dates: 01/20/2009

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: 09/30/1985, 05/11/1987, 04/04/1988, 01/20/1990, 04/22/1991, 03/12/1993, 02/25/1997, 05/15/1998, 08/07/2000, 06/20/2002, 01/20/2004

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.

Effective: 07/30/2007

R.C. 119.032 review dates: 05/19/2010

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

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

(A) RSC shall implement an order of selection when RSC’s projections indicate there will be insufficient VR funds or staff during the federal fiscal year to provide services to all applicants who are found eligible. RSC shall end an order of selection when:

(1) Projections indicate there are sufficient funds left in the current federal fiscal year and staff to provide services to all applicants who are found eligible; or

(2) Projections for a new federal fiscal year indicate that there will be sufficient funds and staff to serve all applicants who are found eligible. RSC shall determine how many priority groups of eligible consumers can be served and how many groups shall be placed on a waiting list.

(B) The order of selection for eligible applicants is as follows, with the highest priority group listed first.

(1) Persons who have a most significant disability.

(2) Persons who have a significant disability.

(3) Persons who do not have a significant disability.

(C) For order of selection, a determination 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 a consumer or a consumer’s family.

(D) When a priority group is closed for services, the following applies to consumers in that group:

(1) A consumer who has begun services under an IPE will continue to receive services until closure.

(2) A consumer who has not begun services under an IPE will be given their rights to appeal and placed on an order-of-selection waiting list until that priority group is reopened.

(3) For an applicant, eligibility shall be decided, and then a determination shall be made about which priority group applies.

(E) A person who has a “significant disability” means a person:

(1) Whose physical or mental disability seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills) in terms of an employment outcome;

(2) Who is expected to need multiple VR services over an extended period of time; and

(3) Who has one or more disabilities that cause substantial functional limitation resulting from any condition, including the following: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, or end-stage renal disease.

(F) A person who has a “most significant disability” means a person with a disability who meets the definition of “significant disability” as defined in paragraphs (E) to (E)(3) of this rule, but whose disability seriously limits two or more functional capacities rather than one or more as indicated in paragraph (E)(1) of this rule.

(G) A person who is receiving SSDI benefits or SSI or who has been determined to have a disability for SSDI benefits or SSI shall be presumed to be eligible for VR services provided that the individual intends to achieve an employment outcome.

(H) RSC shall provide notice of order of selection and appeal rights to those consumers who are part of a priority group which is placed on a waiting list.

(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: 05/19/2005

R.C. 119.032 review dates: 11/30/2004 and 05/19/2010

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.15, 3304.16(K)

Prior Effective Dates: 2/26/1990, 11/22/1993, 10/7/1994, 1/31/1996, 2/25/1997, 1/3/2000, 6/20/2002

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

(B) RSC’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) RSC funds shall be used to implement businesses only when the consumer is an owner.

(D) RSC 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.

HISTORY: Eff 9-14-98; 1-20-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3304.16(A)

Rule amplifies: RC 3304.16(H)

R.C. 119.032 review dates: 8/14/03, 8/19/03, 1/20/09