This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Section |
Rule 3304-2-21 | Third-party payments.
Effective:
November 23, 2019
(A) Regardless of any contract provision
to the contrary, OOD 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. OOD 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.
|
Rule 3304-2-51 | Vocational rehabilitation program.
(A) Definitions (1) "Individual's representative" means any
representative chosen by an applicant or individual with a disability, as
appropriate. Includes a parent, guardian, other family member, or advocate,
unless a representative has been appointed by a court to represent the
individual, in which case the court-appointed representative is the
individual's representative. (2) "Appropriate mode of communication" means
specialized aids and supports that enable the individual with a disability to
comprehend and respond to information provided. Appropriate modes of
communication include, but are not limited to the use of interpreters, open and
closed-captioned videos, specialized telecommunication services and audio
recordings, brailed and large print materials, materials in electronic formats,
augmentative communication devices, graphic presentations and simple language
materials. (B) OOD shall provide vocational rehabilitation services
for the individual with a disability, consistent with their unique strengths,
resources, priorities, concerns, abilities, capabilities, interests and
informed choice, including the need for supported employment, so that they may
prepare for, secure, retain, advance in, or regain employment. (C) OOD shall not require a duration of residency to
provide services to an applicant who is present in Ohio. To obtain OOD
services, an applicant shall establish either United States citizenship or as a
legal entrant into the United States. OOD may require an applicant to provide a
verification of employment authorization. (D) OOD shall provide information to an applicant or
individual with a disability about rights and duties, rights of persons with a
developmental disability, informed choice, confidentiality, methods of appeal,
and the client assistance program. All required information and materials,
including the individualized plan for employment and any amendments, shall be
provided to the individual and, as appropriate, the individuals
representative, in writing and, when appropriate, to the maximum extent
possible, in the individuals native language and/or through an
appropriate mode of communication. The individual with a disability shall also
be provided information on OOD's civil rights compliance. (E) This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
|
Rule 3304-2-52 | Least cost, use of comparable benefits, participant contribution, and fees for services.
Effective:
October 1, 2019
(A) Definitions (1) "Comparable
benefits" means service and benefits, including accommodations and
auxiliary aids and services, that are provided or paid for, in whole or in
part, by other federal, state, or local public agencies, by health insurance,
or by employee benefits; are available to the individual at the time needed to
ensure the progress toward achieving the employment outcome in the
individual's individualized plan for employment; and are commensurate to
the services that the individual would otherwise receive from OOD. Comparable
services and benefits do not include awards and scholarships based on
merit. (2) "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) OOD shall provide services to an
individual with a disability at the least cost consistent with rehabilitation
needs and informed choice. (C) If an individual with a disability,
consistent with informed choice, chooses to receive services from a qualified
service provider other than the least cost provider identified in accordance
with this rule, OOD shall only pay for the services in the amount it would cost
to go to the least cost service provider. Any costs incurred by the individual
above that amount shall be the individual's sole responsibility to
pay. (D) OOD 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
two hour fee for interpreter service. (E) OOD shall purchase services and goods
only from service providers and vendors who agree not to charge or accept any
payment from an individual with a disability or the individuals family
unless the amount of the charge or payment is previously known and approved by
OOD. (F) Notwithstanding paragraph (B) of this
rule, an individual with a disability may not choose an alternative provider
when goods or services are procured through the competitive bidding
process. (G) An individual with a disability may
be expected to pay for services to the extent they are able. (H) OOD shall use comparable benefits to
pay for services, unless such a determination would interrupt or
delay: (1) Services to an
individual with a disability who is at extreme medical risk. (2) An immediate job
placement. (3) The progress of an
individual with a disability toward achieving the employment outcome in the
individualized plan for employment. (I) Services identified in paragraph
(I)(1) of this rule do not require the use of nor the determination of the
availability of comparable benefits. Assessments for determining eligibility and vocational
rehabilitation needs, counseling and guidance, referral, job-related services,
including job search and placement assistance, on-the-job support services,
follow-up services and follow-along services, and rehabilitation technology,
including when any of these are provided as post-employment services. (J) Maximum fees for medical,
psychological and dental services paid wholly or in part by OOD shall be based
on the fee schedules established by the Ohio department of medicaid as set
forth in rule 5160-1-60 of the Administrative Code and the appendix to the
rule. (K) Pursuant to section 3304.15 of the
Revised Code, the executive director shall establish a fee schedule for
vocational rehabilitation services. The executive director hereby adopts the
vocational rehabilitation fee schedule indicated in appendix A to this rule,
developed with stakeholder input. Any community rehabilitation program, entity
or person providing a service listed on the vocational rehabilitation fee
schedule shall bill in accordance with the fee schedule. (L) OOD shall pay only the fee agreed
upon up to the maximum listed in the fee schedules, less the individual with a
disabilitys contribution and less any applicable comparable
benefit. (M) Exceptions to this rule may be made
only upon the express, written approval of the executive director of OOD or the
executive director's designee. (N) This rule is designed to implement
"the Workforce Innovation and Opportunity Act of 1973," and
"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. View AppendixView Appendix
|
Rule 3304-2-53 | Qualifications and standards for service providers and vendors.
Effective:
January 15, 2021
(A) Except for service providers who
provide only interpreting, rehabilitation technology, work incentive planning
and coordination, pre-employment transition services or transportation
services, vocational rehabilitation service providers must have preliminary or
final accreditation or certification by at least one of the following
entities: (1) The commission on
accreditation of rehabilitation facilities (CARF) so long as the accreditation
is for any one of the following categories of VR service: (a) Community employment services (CES); (b) Comprehensive vocational evaluation (CVE); (c) Community integration (COI); (d) Employee development services (EDS); (e) Employment skills training (EST); (f) Employment planning services (EPS); (g) Organizational employment services (OES); (h) Vision rehabilitation services (VRS); or (i) Vocational services (VS). (2) The joint commission
(JC) for accreditation in behavioral health care. (3) The association for
education and rehabilitation of the blind and visually impaired, institutions
of higher education or organizations (schools or agencies) serving individuals
who are blind or with low vision. (4) The national
orientation and mobility certification (NOMC) for cane travel and non-visual
instruction and the national certification in rehabilitation teaching for the
blind (NCRTB) for non-visual instruction. Certification through the governing
board with oversight of these two certifications, the national blindness
certification board (NBPCB) is an allowable credential. Providers with NBPCB certification are required
to provide proof of liability insurance policy to OOD in amount not less than
two hundred fifty thousand dollars per incident. (5) The academy for
certification of vision rehabilitation and education professionals (ACVREP)
serving individuals who are blind or with low vision receiving vision
rehabilitation and education services. Providers with ACVREP Certification are
required to provide proof of liability insurance to OOD in amount not less than
two hundred fifty thousand dollars per incident. (6) Providers certified
by the Ohio department of developmental disabilities in the areas of career
planning and individual employment supports with at least one year of
experience in providing career planning service and individual employment
supports. The scope of services for these providers is limited to individuals
who meet eligibility requirements for county boards of developmental
disabilities. (B) In addition to the requirements
listed in paragraph (A) of this rule, additional credentialing shall be
required as specified for the following services: (1) Vocational
rehabilitation service providers who conduct work incentives planning or
coordination shall be certified as a community work incentives coordinator
(CWIC) and/or work incentives practitioner (WIP). (2) Vocational
rehabilitation service providers who provide supported employment job
development services under the VR fee schedule, must pass the certified
employment support professional (CESP) exam offered by the association of
people supporting employment first (APSE). Vocational rehabilitation service providers
that offer supported employment job development services to individuals with
severe persistent mental illness (SPMI), which includes individuals with
diagnosis of mental health/substance use disorder (MH/SUD), and are certified
and meet the fidelity requirements as a program in accordance with rule
5122-29-11 of the Administrative Code are exempt from the CESP
requirement. (3) If a vocational
rehabilitation service provider subcontracts any of its VR services through
other providers, it must obtain certification, preliminary accreditation, or
accreditation in all VR services in which it subcontracts unless a
credentialing body identified in paragraph (A)(1) of this rule routinely
surveys all services, including subcontracted services, in the course of the
certification or accreditation process. (4) Vocational
rehabilitation service providers that offer pre-employment transition services
must have a minimum of one year of experience in delivering relevant
vocational, educational, or independent living services to students with
disabilities. (C) The following requirements regarding
licensure, accreditation, or certification also apply to vocational
rehabilitation service providers: (1) Vocational
rehabilitation service providers must maintain and renew certification or
accreditation according to the entity by which the provider was initially
certified; (2) Vocational
rehabilitation service providers shall submit documentation from the
appropriate body verifying certification, accreditation, or preliminary
accreditation to OOD before requesting any payment from OOD according to its
fee schedule; and (3) Vocational
rehabilitation service provider shall immediately notify OOD in writing if
accreditation or certification lapses, is revoked, or suspended. (D) OOD shall not purchase or reimburse
for any services from any community rehabilitation program that does not obtain
accreditation following preliminary accreditation and/or maintain appropriate
accreditation or certification status. (E) Prior to utilization and when
requested by OOD, the community rehabilitation program shall complete a
provider acknowledgement and submit to OOD. (F) The executive director of OOD may
waive any paragraph or paragraphs of this rule, if necessary, to appropriately
serve individuals with disabilities. (G) Nothing in this rule creates an
obligation for OOD to purchase services from a provider, and OOD retains sole
discretion over the expenditure of vocational rehabilitation
funds. (H) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
|
Rule 3304-2-54 | Eligibility for services, assessment, and trial work experiences.
Effective:
March 26, 2015
(A) "Eligibility for services" means that an individual: (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 OOD may determine eligibility. (1) An individual 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 individual 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 individual. The individual is presumed eligible for vocational rehabilitation services unless OOD can demonstrate by clear and convincing evidence that the individual 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) OOD shall use another agency's eligibility criteria to establish that a physical, cognitive or mental impairment exists if OOD determines that the agency's criteria are appropriate, available, and consistent with OOD's eligibility requirements. (3) Every individual 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 OOD demonstrates, based on clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services due to the severity of the individual's disability. (a) Prior to such a determination OOD 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 an individual cannot participate in trial work experiences OOD shall conduct an extended evaluation, providing only those services necessary to make an appropriate determination of the individual'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 an individual'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 individuals who are not disabled. (b) "Integrated setting," with respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with individuals who do not have a disability, other than service providers, to the same extent that non-disabled individual 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), last revised on 12/13/14. (5) Eligibility shall be determined no later than sixty days after an applicant has submitted an application unless (a) exceptional and unforeseen circumstances beyond the control of OOD preclude OOD from determining eligibility within sixty days and the applicant agrees that a specific extension of time is warranted; or (b) trial work experiences or an extended evaluation are provided. The applicant shall receive a copy of a written extension of time. (6) The notice of eligibility shall be dated and shall indicate that the individual meets the eligibility criteria. The eligible individual 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) OOD shall assess an applicant (unless ineligibility is determined before completion or the case is closed for some other reason), to determine whether the applicant 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, OOD shall determine the eligible individual'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 eligible individual. (E) To the extent additional information is necessary, a comprehensive assessment is provided for eligible individuals. (F) Comprehensive assessment shall be: (1) Limited to information necessary to determine the eligible individual's current general health status, VR needs, employment outcome, and nature and scope of VR services to be included in the IPE; (2) Provided to identify the eligible individual 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 eligible individual'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 eligible individual. (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 eligible individual; and (2) The eligible individual'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 eligible individual's work experience, vocational aptitudes, patterns of work behavior, and the services needed for the eligible individual 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 eligible individual'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.
|
Rule 3304-2-55 | Vocational rehabilitation counseling and guidance, referral.
(A) OOD 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. OOD shall provide information and referral services to other programs when necessary to help the individual 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.
|
Rule 3304-2-56 | Conditions for providing services; and the individualized plan for employment (IPE).
Effective:
March 26, 2015
Each applicant or eligible individual 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 applicant or eligible individual to exercise informed choice. (A) OOD shall provide services to an eligible individual only if they are listed on the IPE. The employment outcome and the nature and scope of rehabilitation services to be included in the eligible individual's individual plan for employment shall be determined following comprehensive assessment of the eligible individual'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 eligible individual to reach or maintain the employment outcome, or if an auxiliary service is provided, to permit the consumer to take part in those services. OOD shall provide services in the most integrated setting appropriate for the eligible individual's vocational needs. "Integrated setting" means a setting typically found in the community in which eligible individuals 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 individual, or if OOD is operating under an order of selection and an order of selection waiting list exists, in a timely manner after the eligible individual is assigned to a counselor for plan development from the order of selection waiting list. OOD shall provide an eligible individual or their representative, in writing, with information on the eligible individual's options for developing an IPE. The eligible individual, 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 OOD 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 eligible individual. The IPE shall be agreed upon and signed by the counselor and the eligible individual 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 the eligible individual (for eligible individuals in supported employment, a minimum, weekly work goal that maximizes their vocational potential at the time of transition to extended services); (b) The specific VR services needed (including on-going support services for individuals 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 eligible individual 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 eligible individual's responsibilities in implementing the IPE, including the extent of participation in the cost of services; and (i) A statement indicating the eligible individual's rights, including the methods of appeal, and of the availability of the client assistance program. (2) The IPE and any amendment(s) to it shall be provided to the eligible individual and, as appropriate, the parent, guardian, or authorized representative, to the maximum extent possible, in the native language or mode of communication of the eligible individual, and the parent, guardian, or authorized representative as appropriate. "Mode of communication" means specialized aids and supports that enable an individual 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 eligible individual (and as appropriate, his or her parent, guardian, or authorized representative) to assess the eligible individual'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 eligible individual 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 OOD or the eligible individual, 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.
|
Rule 3304-2-57 | Restoration.
Effective:
December 27, 2013
(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.
|
Rule 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 eligible individual involved in on-the-job (OJT) training a wage previously agreed upon by OOD 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 individual's production, the time the trainer spends training the individual, and the materials and equipment used in training, or (2) calculated on a percentage of the individual's wage. (B) To continue receiving OOD 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) OOD shall provide training supplies and equipment only when required by the training program for all trainees; or when needed by the individual to overcome limitations imposed by a disability. When OOD is helping pay for any training tools and equipment, they shall remain the property of OOD until released in writing. (D) The individual who receives a refund of any training fees, which OOD has paid, shall return the refund to OOD. (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 individual's vocational rehabilitation needs. (F) Post-secondary educational expenses shall be authorized based upon financial need. (1) The individual 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 individual shall submit a copy of his/her student aid report (SAR) to his/her counselor for each academic year for which OOD is authorizing post-secondary educational training. The EFC listed on the SAR shall be used in calculating the individual's financial need. (3) Individuals who receive supplemental security income (SSI) or social security disability insurance (SSDI), are provided post-secondary educational training services without applying the financial needs test. (4) The OOD 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 individual. All awards and scholarships awarded to the individual shall be applied to the EFC. (G) To continue receiving OOD sponsorship, an individual 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. (H) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973."
|
Rule 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 individual, as needed, to obtain or fully participate in assessment and/or VR services, consistent with rule 3304-2-56 of the Administrative Code and individual informed choice. (1) Interpreter and note-taking services, reader service, and child care. (2) Maintenance. "Maintenance" means the additional costs incurred by an applicant or eligible individual 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 individual 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 applicants or eligible individuals 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 OOD purchases non-consumable items they shall remain the property of OOD until released in writing. (6) Services to family members. These services shall only be provided to allow the eligible individual to participate in vocational rehabilitation services. Only services that can be provided to eligible individuals 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 eligible individual 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 individual's tolerance for and ability to successfully use the aid or device and that the device or aid otherwise appropriately meets the individual'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 an eligible individual to perform daily living activities on or off the job that an individual would typically perform if that individual did not have a disability. Such services shall be designed to increase the eligible individual'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 eligible individual. (16) Post-employment services. After the eligible individual's case has been closed rehabilitated, OOD may provide VR post-employment services under an IPE necessary to help the eligible individual maintain employment or regain the same or other employment as long as the services relate to the original disability(ies). For eligible individuals 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 eligible individuals 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) OOD shall not erect buildings including homes, and shall not purchase land, buildings including homes, vehicles, experimental items, firearms, ammunition, explosives, alcohol, tobacco, flamables, combustables, reinstatement of licensure, or representation for appeal hearings for a referral, applicant, or individual. (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.
|
Rule 3304-2-60 | Supported employment services.
(A) Definitions (1) "Supported
employment" means competitive integrated employment, including customized
employment, or employment in an integrated work setting in which an individual
with a most significant disability, including a youth with a most significant
disability, is working on a short-term basis toward competitive integrated
employment that is individualized, customized, and consistent with the unique
strengths, abilities, interests, and informed choice of the individual,
including ongoing support services for individuals with the most significant
disabilities for whom: (a) Competitive integrated employment has not historically
occurred or competitive integrated employment has been interrupted or
intermittent as a result of a significant disability; (b) Due to the nature and severity of their disabilities,
the individual needs intensive supported employment services and extended
services after the transition from support provided by the designated state
unit, in order to perform this work. (2) "Supported
employment services" are ongoing support services that are organized and
made available, singly or in combination, in such a way to assist an eligible
individual with a disability to achieve competitive integrated employment based
on a determination of the needs of an eligible individual, as specified in the
individualized plan for employment (IPE). (3) "Ongoing support
services" means services that: (a) Are needed to support and maintain an individual with a
most significant disability, including a youth with a most significant
disability, in supported employment; and (b) Are identified based on a determination by OOD of the
individual's need as specified in an IPE. (4) "Extended
services" mean ongoing support services and other appropriate services
that are: needed to support and maintain an individual in supported employment;
based on the needs of an individual, as specified in an IPE; and provided by a
state agency, a private nonprofit organization, employer, or any other
appropriate resource, after an individual has made a transition from support
from OOD. (B) Ongoing support services are
furnished by OOD from the time of job placement until transition to extended
services, unless post-employment services are provided following transition,
and thereafter by one or more extended service providers throughout the
individual's term of employment in a particular job
placement. (1) Ongoing support
services include an assessment of employment stability and provision of
specific services or the coordination of services at or away from the worksite
that are needed to maintain stability based on: (a) At a minimum, twice-monthly monitoring at the worksite
of each individual in supported employment; or (b) If under specific circumstances the IPE provides for
off-site monitoring, twice monthly meetings with the individual. (2) Ongoing support
services may consist of: (a) Any particularized assessment supplementary to the
comprehensive assessment of rehabilitation needs; (b) The provision of skilled job trainers who accompany the
individual for intensive job skill training at the work site; (c) Job development and training; (d) Social skills training; (e) Regular observation or supervision of the
individual; (f) Follow-up services including regular contact with the
employers, the individuals, parents, family members, guardians, advocates or
authorized representatives of the individuals, and other suitable professional
and informed advisors, in order to reinforce and stabilize the job
placement; (g) Facilitation of natural supports at the
worksite; (h) Any other service identified in the scope of vocational
rehabilitation services for individuals; or (i) Any service similar to the foregoing
services. (C) An individual with a most significant
disability, whose supported employment in an integrated setting does not
satisfy the criteria of competitive integrated employment, is considered to be
working on a short-term basis toward competitive integrated employment so long
as the individual can reasonably anticipate achieving competitive integrated
employment under the following circumstances: (1) Within six months of
achieving a supported employment outcome; or (2) In limited
circumstances, within a period not to exceed twelve months from the achievement
of the supported employment outcome if necessary based on the needs of the
individual, and the individual has demonstrated progress toward competitive
earnings based on information contained in the service record. (D) Supported employment services
provided by OOD shall not exceed twenty-four months. The individual and the
rehabilitation counselor may jointly agree to extend the time to achieve the
employment outcome identified in the IPE when the individual has made
substantial progress toward meeting the hours-per-week work goal, and there is
no break between short-term services and extended services. (E) OOD may provide extended services
only to a youth with a most significant disability. Extended services shall
terminate after four years or until the individual reaches the age of
twenty-five, whichever occurs first. (F) Transition to extended services may
not occur until the youth with a disability has reached job stability and has
substantially met their work goal. (G) OOD may provide supported employment
services after successful closure and transition to extended services, if
post-employment services are needed to maintain or regain the job placement or
advance in employment but are unavailable from the extended services
provider. (H) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
|
Rule 3304-2-61 | Closure.
Effective:
November 23, 2019
(A) OOD shall notify an individual in
writing, and when appropriate in the individual's native language or
through another appropriate mode of communication, when his/her case is being
closed regardless of the reason for closure. The notification should include
the closure reason, method of appeal, and the availability of the client
assistance program. (B) OOD shall close a case if an
individual is found to be ineligible for services for the following
reasons: (1) The individual does not have a
physical or mental impairment; (2) The individual does
not have a substantial impediment to employment; (3) The individual, due
to the severity of their disability, is incapable of benefiting from the
provision of VR services in terms of an employment outcome as evidenced by the
completion of trial work experience in a competitive integrated employment
setting, consistent with the informed choice and rehabilitation needs of the
individual; or (4) VR services are not
required for the person to prepare for, secure, retain, regain, or advance in
employment. (C) In the event the individual is
determined ineligible, OOD shall consult with or attempt to consult with the
individual or other appropriate representative about the reason or reasons for
the ineligibility decision. Documentation of the consultation should be
included within the written notification of closure. The written notification,
supplemented as necessary by other appropriate modes of communications,
consistent with the informed choice of the individual, should also include the
method of appeal and the availability of the client assistance
program. (1) OOD shall review,
within twelve months and annually therafter, if requested by the individual and
as appropriate, his or her parent, legal guardian, or other representative, for
any ineligibility determination that is based on a finding that the individual
is incapable of achieving an employment outcome. (2) This review need not be conducted in
situations in which the individual has refused it, the individual is no longer
present in the state, the individual's whereabouts are unknown, or the
individual's medical condition is rapidly progressive or
terminal. (D) OOD shall close a case with an
employment outcome only if all of the following conditions apply: (1) The individual has
achieved the employment outcome that is described in his/her individualized
plan for employment; (2) Services provided on
the individualized plan for employment (IPE) have resulted in the achievement
of competitive integrated employment; (3) The individual has
maintained competitive integrated employment for an appropriate period of time,
but not less than ninety days, necessary to ensure the stability of the
employment outcome; (4) At the end of ninety
days, or such longer time as deemed appropriate, the individual and the
qualified rehabilitation counselor consider the employment outcome to be
satisfactory, agree that the individual is performing well on the job and that
he/she no longer needs vocational rehabilitation services; (5) The individual is
informed through appropriate modes of communication of the availability of
post-employment services. (E) When an individual's case is
being closed with an employment outcome, OOD shall also include in the written
notice the individual's job title, the date employment began, wages, any
projected need for post-employment services, that a reassessment of the need
for extended services has been completed for individuals in supported
employment, and the basis on which the individual has been determined to be
rehabilitated. (F) OOD shall close a case without an
employment outcome due to, but not limited to, the following
reasons: (1) The individual cannot
be located; (2) The individual
dies; OOD shall not forward written notification of case closure in the
event of death. (3) The individual is
unavailable for services for an indefinite or considerable period of time due
to the following: (a) Institutionalization; (b) Incarceration; (c) Health/medical-related reasons; (d) Reserve forces called to active duty. (4) The individual needs
non-vocational rehabilitation service(s) from another agency or has moved to
another state and will be referred accordingly; (5) The individual has
refused services or has failed to cooperate; (6) The individual cannot
accept or maintain a job because transportation is not feasible or not
available; (7) The individual does
not meet OOD'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 in the event that OOD is operating under a waitlist; (8) The individual is no
longer interested in receiving services; (9) The individual
requires extended services but they are not available; (10) The individual
chooses to enter into or remain in extended employment. For individuals closed in extended employment, OOD shall conduct
a semi-annual review and reevaluation for the first two years of such
employment and annually thereafter. (G) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
|
Rule 3304-2-62 | Vocational rehabilitation appeals.
Effective:
November 1, 2020
(A) "Appellant" means an
applicant, eligible individual, potentially eligible individual receiving
pre-employment transition services, or former eligible individual. (B) "Impartial hearing officer"
means a person who is not an employee of a public agency other than as an
administrative law judge or hearing examiner, and is not a member of the OOD
Council; has not been involved in the vocational rehabilitation of the
appellant; has knowledge of the delivery of vocational rehabilitation services,
the state plan concerning vocational rehabilitation services, and the federal
regulations and state law, administrative code, and OOD policies governing the
provision of services; has received training with respect to the performance of
official duties, and has no personal, professional, or financial interest that
would conflict with objectivity. (C) "Individual's
representative" means any representative chosen by the appellant,
including a parent, legal guardian, family member, or advocate. Any court
appointed representative shall be the individual's
representative. (D) An appellant or the individual's
representative may challenge an OOD determination in the following
ways: (1) Through the appeal
procedures defined in paragragh (E) of this rule; (2) Filing a complaint
with the OOD equal employment opportunity office; and/or (3) Filing a complaint
with the office for civil rights, United States department of
education. (E) An appellant or the individual's
representative may appeal an OOD action that affects the provision or denial of
vocational rehabilitation services. The appeallant shall submit an appeal in
writing to the OOD executive director within thirty days of the notification of
the provision or denial of services. (1) Whenever an appellant
or individual's representative submits an appeal in accordance with Ohio
law and this rule, OOD shall offer the appellant an informal meeting unless
previous efforts to resolve the issue have been exhausted prior to the filing
of the appeal. OOD management shall conduct the informal meeting in person, by
telephone, or through an OOD approved videoconference software. OOD management
shall provide a written report of the informal meeting to the appellant and
copy the OOD 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 scheduled within sixty days of the
appeal request. The hearing shall be conducted by an impartial hearing
officer. (b) The hearing shall be held in person at the OOD central
office in Columbus, Ohio, or through an OOD approved videoconference software
with the consent of the impartial hearing officer and the parties. Any person
participating in a hearing may appear remotely through an OOD approved
videoconference software. All remote participation in the hearing shall
maintain confidentiality of the hearing. Any person participating remotely
shall ensure compatability and connectivity with the OOD approved
videoconference software prior to the start of the hearing. Telephonic
testimony shall not be permitted. Proposed exhibits shall be exchanged between
the parties and the hearing officer prior to the start of the hearing. OOD
shall have the hearing recorded in a manner that may be transcribed. Any party
may request a transcript of the hearing at their own expense. (c) The impartial hearing officer shall issue a written
report and final decision within thirty days of the completion of the hearing.
The report and final decision shall be based on the state plan, the
Rehabilitation Act of 1973, as amended, federal vocational rehabilitation
regulations, and state vocational rehabilitation laws and Administrative Code,
and OOD policies. The impartial hearing officer shall send by certified mail
the report and final decision to the appellant, or appellant's legal
representative if applicable, and to OOD. (d) The time limits established in paragraphs (E)(2)(a) and
(E)(2)(c) of this rule may be extended by mutual agreement of the parties, or
for good cause shown at the request of either party made to the impartial
hearing officer. (e) The appellant shall be served with notice of the fair
hearing in accordance with section 119.07 of the Revised Code, except that
notice may also be served by electronic mail, with a delivery receipt and read
receipt, after service by registered mail, then a certificate of mailing, and
then personal service have failed. (f) A civil action for review of the decision can be
brought by either OOD or the appellant in any state court of competent
jurisdiction or in a district court of the United States of competent
jurisdiction. Any party filing an appeal shall also serve the notice of appeal
on the opposite party. (F) Either OOD or the appellant may
request mediation. If mediation is agreed to by all parties, the mediation
shall occur prior to a formal hearing. (G) While an appeal is pending OOD shall
not suspend, reduce, or terminate vocational rehabilitation services being
provided to an appellant, including evaluation and assessment services, and IPE
development absent consent of the appellant, an informal resolution, or final
decision by an impartial hearing officer. A time-limited diagnostic service
shall also continue to completion during the pendency of the appeal. An
interruption or change in service dates shall not be considered to be a
suspension, a modification, or a termination of services. (1) A service may be
modified suspended, or terminated if OOD has evidence the service was obtained
through misrepresentation, fraud, collusion, or criminal conduct on the part of
the individual or the individual's representative. (2) A service may be
suspended if OOD has evidence the service violates federal regulations or state
vocational rehabilitation laws or Administrative Code. (H) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
|
Rule 3304-2-63 | Confidentiality of information.
OOD shall collect individual information, maintain it until appropriate destruction, and keep it confidential. OOD shall also eliminate individual information when it is no longer necessary and relevant to the lawful functions of OOD, and when its elimination is permitted in accordance with other state and federal regulations that govern OOD. Throughout this rule, the individual'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 individual, 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 OOD, has applied for services, is currently receiving services, or has received services. Anyone who has access to information held by OOD shall keep such information confidential. (B) Within fifteen days of the individual's written request, OOD shall release any information contained in the individual's case record except for that information listed in paragraphs (D) to (D)(2) of this rule, and shall inform the individual of his or her right to disagree with information that has been collected and how the individual may register the disagreement. The individual shall receive one copy of information on a one-time, no-cost basis. (C) Upon the individual's written request to review his or her case record, OOD shall schedule a mutually convenient time for the individual to review his or her case record. (1) A counselor or supervisor shall be present during the individual's review. (2) On request, the individual shall receive one copy of information on a one-time, no-cost basis. (D) The individual shall not have access to the following information: (1) Medical, psychological, or other information that an OOD medical or psychological consultant determines may be harmful to the individual. Such information shall be released only to a third party designated by the individual, 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. OOD shall not assume the cost for the interpretation of any information to the individual. If any information is removed from the case record under this section for the individual's review, the individual shall be informed of the procedure for obtaining the release of information to a third party. (2) The individual shall not have access to unpurchased information that is marked confidential or which otherwise indicates that it shall not be shown to the individual. If the individual requests such information, the individual shall be referred to the source. (E) If the individual objects to any information in the case record, OOD shall review the disputed information for accuracy, relevance, timeliness, and completeness, and shall inform the individual of the results of the review and the action taken, if any, within ninety calendar days of the individual'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 individual is not satisfied with the review and the action taken, OOD shall then take either of the following actions, as appropriate: (a) If the individual wants to prepare a written rebuttal about information not destroyed, the rebuttal shall be entered into the record, and shall be included when OOD releases a copy of the information the rebuttal is about. If OOD believes the individual's rebuttal is frivolous or irrelevant, OOD may also include a statement saying that and explain why. OOD shall inform the individual that at his or her written request, a copy of the rebuttal shall be provided to any person the individual designates. (b) OOD shall inform the individual that at his or her written request, any person the individual designates shall be informed that the disputed information has been removed. (F) By signing the general consent on the OOD application for services, the individual (or the individual's legal guardian) shall permit OOD 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 individual is released to a service provider or a cooperating agency, OOD shall inform the provider of the following: (1) Whether any of the information released has been determined by an OOD medical or psychological consultant to be potentially harmful to the individual, and therefore shall be released only to a third party designated by the individual pursuant to the provision in paragraph (D) of this rule; (2) That the information shall not be released to others without the individual's consent; and (3) That the information shall be used only for the purpose provided. (G) The individual's specific written consent shall be needed for the following purposes. If the individual 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 individual may sign a written consent to permit any other person to have access to the information in the individual's record that the individual may have access to. Any person so designated by the individual shall receive one copy at no cost. (2) If the individual provides a written consent, OOD may release information to the media, but shall release only information that may be released to the individual. (If media personnel contact OOD about an individual, OOD shall not discuss any individual and/or case records, or acknowledge that any person is or is not an individual receiving services, or give identifying data that may reveal an individual's identity.) (3) If OOD receives a request for individual information that is for a purpose not covered elsewhere in this rule, the following shall apply: (a) The requester shall provide the individual's written consent; (b) Only the information that meets the criteria for release to the individual 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 individual's consent is obtained. (4) If OOD receives a subpoena for individual records, the records shall be provided only with the individual's written consent. The attorney who subpoenaed the records shall be responsible for obtaining the individual's written consent. (H) Consent from the individual shall not be needed for OOD to release individual 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 individual or others when the individual 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 individual's consent shall not be needed for the release of individual 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 individual; (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 individual or his or her guardian or legal representative; and (2) The OOD 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.
|
Rule 3304-2-65 | Order of selection.
(A) Definitions as applied to this
rule. (1) "Individual with
a disability" means an indiviudal who has been determined eligible for
vocational rehabilitation services puruant to rule 3304-2-54 of the
Administrative Code but whose physical or mental impairement does not meet the
definition of a significant disability or most significant
disability. (2) "Individual with
a significant disability" means an individual with a disability who has a
severe physical or mental impairement that seriously limits one or two
functional capacities (such as mobility, communication, self-care,
self-direction, interpersonal skills, work tolerance or work skills) in terms
of an employment outcome; whose vocational rehabilitation can be expected to
require multiple vocational rehabilitation services over an extended period of
time; and who has one or more physical or mental disabilities or a combination
of disabilities determined on the basis of an assessment for determining
eligibility and vocational rehabilitation needs to cause comparable substantial
functional limitation. (3) "Individual with
a most significant disability" means an individual who meets the
definition of an individual with a significant disability who has a severe
physical or mental impairment that seriously limits at least three functional
capacities as defined in paragraph (A)(2) of this rule. (B) Individuals determined eligible for
vocational rehabilitation services shall be assigned to one of the following
order of selection priority categories: an individual with a disability, an
individual with a significant disability, or an individual with a most
significant disability. (C) Any individual determined eligible
for vocational rehabilitation services who is in jeopardy of losing employment,
and who requires vocational rehabilitation services to maintain employment,
shall be exempt from any delays in services as a result of an order of
selection. (D) OOD shall implement an order of
selection when OOD determines, based on projected fiscal and personnel
resources, that it will not be able to provide the full range of services,
including pre-employment transition services, to all eligible individuals in
the state. OOD shall administer and implement the order of selection
consistent with 34 CFR 361.36, except for those services provided in paragraph
(C) of this rule.
|
Rule 3304-2-66 | Conditions for providing self-employment services.
(A) OOD shall provide services to
implement a self-employment business only after the individual with a
disability has an attainable, written business plan as determined by
OOD. (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 support a
self-employment outcome only when the individual with a disability is a
majority owner of the business. (D) OOD shall not participate as an
ongoing investor in any business. The individual with a disability 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 individualized plan
for employment.
|
Rule 3304-2-67 | Home modifications.
(A) OOD may purchase home modifications
only if they are necessary to enable the individual with a disability to
participate in vocational rehabilitation services provided under an IPE, but
also when needed to prepare for, secure, retain, advance in or regain an
employment outcome. (B) Home modifications shall only be made
to the primary residence of the individual with a disability.
"Primary" means the home from which the individual would usually
leave to go to work. (C) Home modifications shall not be made
to new construction that has been built specifically for the individual with a
disability. (D) To enable an individual with a
disability to leave the home, home modifications are limited to providing one
entrance/exit from the home. (E) Home modifications are limited to
equipment and minimum modifications to enable the individual with a disability
to participate in OOD services for employment, but also when needed to prepare
for, secure, retain, advance in or regain an employment outcome. (F) To enable the individual with a
disability 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 for accessibility and shall be temporary or portable whenever
possible. Written permission shall be obtained from the landlord prior to
beginning the modification. (1) A written agreement
between the landlord and the individual with a disability shall be signed by
both parties and should outline the future responsibilities of each party
should the individual with a disability vacate the property. (2) A copy of the
agreement between the landlord and the individual with a disability shall be
provided to OOD prior to any modification(s). (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 the
evaluator 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 (e.g.
plumbing, electrical, etc.), the cost of upgrading these systems to meet
building codes is the responsibility of the individual with a disability 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 individual with a disability. OOD will have
no further responsibility or liability for maintenance, repair, replacement,
removal or restoration of the site.
|
