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Ohio Laws and Rules
(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