(A) OOD shall provide or provide for independent living services to older individuals who are blind (ILOB) through OOD's bureau of services for the visually impaired (BSVI).
(B) Individuals who are eligible for services under independent living services for older individuals who are blind shall be any individual who is age fifty-five or older and who has a severe visual impairment that makes competitive employment extremely difficult to attain but for whom ILOB goals are feasible.
(C) OOD shall not discriminate against any person on the basis of age, color, national origin, race, sex, or type of disability.
(D) OOD shall inform each ILOB applicant and eligible individual about OOD's civil rights compliance, the client assistance program, the methods of applicant/eligible individual appeals, and confidentiality. OOD shall also provide each applicant and eligible individual with a copy of his or her rights and duties, application for services and any executed consent forms.
(E) OOD shall inform each applicant and eligible individual 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.
(F) OOD shall purchase services only from service providers who are licensed by the state in which they practice, if applicable, or are accredited or certified by the appropriate law, agency or professional organization.
(G) OOD shall schedule and conduct or provide for interviews for all appropriate referrals and shall complete an assessment regarding the eligible individual's needs and goals for independence.
(H) Conditions for providing services. OOD shall provide or provide for services other than diagnostic (and needed auxiliary services), counseling and guidance, and referral only if they are listed on the independent living plan (ILP). OOD shall provide or provide for services on the ILP only to enable the eligible individual to reach or maintain the IL goal or as an auxiliary service needed for the eligible individual to take part in those services.
(I) The ILP goal shall enable the eligible individual to become more mobile and to become more independent in his/her home and community.
(J) An ILP shall be developed mutually between each eligible individual and the OOD qualified independent living staff (QILS).. The ILP shall include the following parts:
(1) The name of the eligible individual;
(2) A statement that the eligible individual's rights and duties are listed in an attached brochure;
(3) A statement that the ILP form is not a promise that the eligible individual will receive every service listed;
(4) A statement that services provided depends on many things, such as the eligible individual's cooperation, OOD policy changes, and OOD funds;
(5) The ILP goal(s) and the projected date(s) to reach the goal(s);
(6) The objective(s) for attainment of the goal(s);
(7) The service(s)/activity(ies);
(8) How progress toward the objective(s) will be measured;
(9) The eligible individual's duties under the ILP;
(10) The eligible individual's opinion about the ILP goal(s) and service(s) listed on the ILP;
(11) The eligible individual's dated signature and the representative's/guardian's dated signature, if necessary;
(12) The OOD dated signature ;
(13) The date a copy of the ILP in the format of the eligible individual's choice is given or sent to the eligible individual;
(14) The date a copy of the rights and duties brochure in the format of the eligible individual's choice is given or sent to the eligible individual;
(15) Whether it is an original or amendment to the ILP; and
(16) The funding source, estimated cost, estimated start date, and estimated ending date for each service(s)/activity(ies).
(K) The following services shall be available under the ILOB program as determined by the QILS:
(1) Evaluation and assessment such as low vision assessment;
(2) Low vision and communications aids;
(3) Orientation and mobility;
(4) Rehabilitation teaching such as communication skills and activities of daily living skills;
(5) Auxiliary services such as transportation;
(6) Ramp and home modifications, such as rails or grab bars, equipment, and housekeeping aids;
(8) Advocacy; and
(9) Other ILOB services necessary to reach ILP goals.
(L) Goods and services.
(1) "Transportation" means travel costs which eligible individuals incur for themselves and their personal care assistants or escorts because of participation in another IL service. Neither an OOD employee nor someone retained by OOD (other than public and private transportation companies) shall transport an eligible individual.
(M) OOD shall close an eligible individual's case for reasons that include, but are not limited to, the following:
(1) The eligible individual has reached the goals recorded on the IL plan;
(2) The eligible individual has been referred to VR;
(3) The eligible individual has been referred to another agency for services;
(4) The eligible individual is no longer interested in services;
(5) The eligible individual has moved to another area;
(6) The eligible individual has been institutionalized with no reasonable expectation of leaving institutionalized care;
(7) The eligible individual is no longer participating in ILP activities; or
(8) The eligible individual has died.
(P) This rule is designed to implement "title IV of the Workforce Innovation and Opportunity Act (WIOA)," which contains the 2014 amendments to "The Rehabilitation Act of 1973."
Five Year Review (FYR) Dates: 05/18/2016 and 10/24/2021
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.14
Prior Effective Dates: 8/1/1995, 1/30/01, 8/14/06,