This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
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.
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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.
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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.
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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.
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Rule 3304-2-54 | Eligibility determination.
Effective:
April 19, 2021
(A) OOD's determination of an
applicant's eligibility for vocational rehabilitation services shall be
conducted in a manner consistent with 34 CFR 361.42, in effect on the effective
date of this rule. (1) OOD may use another
agency's eligibility criteria to determine whether an applicant has a
physical or mental impairment if OOD determines that the agency's criteria
are consistent with the requirements in paragraph (A) of this
rule. (2) OOD shall notify
applicants of eligibility decisions by regular U.S. mail or other electornic
means, and in the appropriate mode of communication as specified by the
individual pursuant to rule 3304-2-51 of the Administrative Code. (B) OOD's determination of an
applicant's ineligibility for vocational rehabilitation services shall be
conducted in a manner consistent with 34 CFR 361.43, in effect on the effective
date of this rule. (1) OOD shall notify
individuals of ineligibility decisions in accordance with rule 3304-2-61 of the
Administrative Code. (C) An applicant's eligibility for
VR services must be based only on the following requirements: (1) A determination by
qualified personnel that the applicant has a physical or mental
impairment; (2) A determination by
qualified personnel that the applicant's physical or mental impairment
constitutes or results in a substantial impediment to employment for the
applicant; and (3) A determination by a
qualified vocational rehabilitation counselor employed by OOD that the
applicant requires vocational rehabilitation services to prepare for, secure,
retain, advance in, or regain employment that is consistent with the
individual's unique strengths, resources, priorities, concerns, abilities,
capabilities, interest, and informed choice. (D) OOD shall determine eligibility
within sixty days of an individual's application for vocational
rehabilitation services, unless: (1) Exceptional and
unforeseen circumstances beyond the control of OOD preclude making an
eligibility determination and OOD and the applicant agree to a specific
extension of time; or (2) The applicant
receives trial work experiences consistent with 34 CFR 361.42, in effect on the
effective date of this rule. (E) Any applicant who has been determined eligible for
social security benefits under "Title II Social Security Disability
Insurance (SSDI)" or "Title XVI Supplemental Security Income
(SSI)" of the Social Security Act is presumed eligible for vocational
rehabilitation services and is considered an individual with a significant
disability provided the individual intends to achieve an employment outcome
consistent with 34 CFR 361.42, in effect on the effective date of this rule.
(F) OOD shall not impose a duration of residence
requirement that excludes from services any applicant who is present in the
state as part of determining eligibility. OOD shall not require the applicant
to demonstrate a presence in the state through the production of any
documentation that under state or local law, or practical circumstances,
results in a de facto duration of residence requirement. (G) Once an applicant is determined
eligible for vocational rehabilitation services, OOD shall determine the
individual's priority category for purposes of order of selection,
pursuant to rule 3304-2-65 of the Administrative Code. (H) This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
Last updated April 19, 2021 at 9:34 AM
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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.
Last updated April 20, 2021 at 8:32 AM
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Rule 3304-2-56 | The individualized plan for employment.
Effective:
April 19, 2021
(A) OOD shall conduct an assessment for
determining the vocational rehabilitation needs, if appropriate, for each
eligible individual, or, if OOD is operating under an order of selection, for
each eligible individual to whom OOD is able to provide vocational
rehabilitation services. The assessment(s) shall be conducted consistent with
34 CFR 361.5(c)(5)(ii), in effect on the effective date of this rule. The
purpose of any assessment shall be to determine the employment outcome, and the
nature and scope of the vocational rehabilitation services and training to be
included in the individualized plan for employment (IPE). OOD shall provide services and accommodations necessary to enable
the individual to participate in assessment(s) and/or vocational guidance and
counseling necessary to develop the IPE consistent with 34 CFR 361.45, in
effect on the effective date of this rule. (B) OOD shall assist each eligible
individual in exercising informed choice in the development of the IPE,
identifying necessary services and training consistent with 34 CFR 361.48, in
effect on the effective date of this rule, and choosing an employment outcome
that is mutually agreed on between OOD and the eligible
individual. (C) The IPE shall be developed as soon as
possible, but not later than ninety days after the date of an eligibility
determination, unless OOD and the eligible individual agree to extend that
deadline to a specific date by which the IPE must be completed. If OOD is
operating under an order of selection, the IPE shall be developed no later than
ninety days after the individual is released from the wait list. (1) The IPE shall include
content consistent with 34 CFR 361.46, in effect on the effective date of this
rule. (2) The IPE is not a
contract or in any way binding on the parties. (3) The IPE shall not
provide for services or products that violate federal or state law and
regulations, or OOD policies and procedures. OOD may suspend services and
products that violate this paragraph until the IPE is amended. (D) An OOD vocational rehabilitation
counselor and the eligible individual, and legal guardian, parent, or
authorized representative, as applicable, shall review the IPE annually to
assess the eligibile individual's progress in achieving the identified
employment outcome. (E) The eligible individual, and legal
guardian, parent or authorized representative, as applicable, may amend the IPE
in collaboration with OOD as appropriate. Amendments to the IPE do not take
effect until agreed to and signed by the eligible individual or,
individual's representative, as appropriate, and by a qualified vocational
rehabilitation counselor employed by OOD. OOD may determine in its discretion,
and with the individual's consent, that an emergency requires a service to
be provided before the IPE amendment is signed. The IPE amendment must be
signed as soon as the emergency ends if a service is provided during an
emergency. (F) This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
Last updated April 19, 2021 at 9:34 AM
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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.
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Rule 3304-2-58 | College, occupational, and vocational training.
Effective:
April 19, 2021
(A) Definitions (1) "Four-year
college" or "four-year university training" means a full-time or
part-time academic training leading to a baccalaureate degree, a certificate,
or other recognized educational credential approved by OOD. Such training may
be provided by a four-year college or university or technical
college. (2) "Graduate
college" or "graduate university training" means a full-time or
part-time academic training leading to a degree recognized as beyond a
baccalaureate degree, such as a master of science, master of arts, doctor of
philosophy, or doctor of jurisprudence. Such training would be provided by a
college or university. (3) "Junior college
training" or "community college training" means a full-time or
part-time academic training above the secondary school level leading to an
associate's degree, a certificate, or other recognized educational
credential approved by OOD. Such two-year training may be provided by a
community college, junior college, or technical college. (4) "Occupational
training" or "vocational training" or "job skill
training" means training provided by a community college, vocational,
trade or technical school, or business that prepares students for gainful
employment in a recognized occupation, not leading to an academic degree. This
would include selected courses or programs of study at a community college,
four-year college or university, technical college or proprietary school, or
training program. (B) For the purposes of this rule,
training includes graduate college or graduate university training; four-year
college or four-year university training; junior college or community college
training; occupational training or vocational training. The requirements of
paragraphs (C) to (I) of this rule shall be satisified prior to OOD purchasing
any training. Services provided pursuant to rule 3304-2-52 of the
Administrative Code and the vocational rehabilitation fee schedule are not
subject to these requirements. (C) OOD supports the cost of college,
occupational, or vocational training programs only when the training is
required for the individual to reach the employment outcome as identified on
the approved individualized plan for employment. (D) OOD may provide college, occupational, or vocational
training supplies and equipment when required by the college, occupational, or
vocational training program, or when needed by the individual with a disability
to overcome limitations imposed by a disability. All monies received from a
refund or sale of training supplies or equipment shall be returned to
OOD. (E) The determination of least cost for the purpose of
college, occupational, or vocational training shall include consideration of an
appropriate Ohio junior college or community college educational institution in
accordance with rule 3304-2-52 of the Administrative Code, if the coursework
needed is offered at a junior or community college and can meet the individual
with a disability's vocational rehabilitation needs. (F) Educational expenses for college, occupational, or
vocational training programs that are eligible for federal financial aid shall
be authorized based on financial need. (1) The individual with a
disability 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 with a
disability shall submit a copy of the student aid report (SAR) to OOD for each
academic year for which OOD is authorizing for college, occupational, or
vocational training. The expected family contribution (EFC) listed on the SAR
shall be used in calculating OOD's potential financial
contribution. (3) Individuals with a disability who
receive supplemental security income (SSI) or social security disability
insurance (SSDI), are excluded from the financial needs requirements in
paragraph (F)(2) of this rule for college, occupational, or vocational training
programs. (4) The OOD contribution to college,
occupational, or vocational training program expenses shall be computed by
subtracting the following from the cost of educational expenses: the combined
total of all grant monies, comparable benefits, and the EFC to be paid by the
individual with a disability. Scholarships and other awards based on merit, may
be used by the individual with a disability to meet the EFC. The individual
with a disability shall disclose to OOD all known scholarships and other awards
based on merit prior to OOD's contribution determination. OOD's
contribution to educational expenses shall be reduced by the amount of
scholarships and other awards based on merit that exceed the EFC. OOD and the
individual shall engage in maximum efforts to secure grant assistance in whole
or in part from other sources to pay for that training. (G) To continue receiving OOD support, an individual with a
disability shall demonstrate satisfactory progress in the training program.
(1) Students attending
college, occupational, or vocational training programs participating in the
federal financial aid program shall maintain satisfactory progress as required
by paragraph (H) of this rule. Students shall have a maximum of eighteen
consecutive months to complete each academic year of college training as
defined by the degree program. Part-time attendance may be granted in extreme
circumstances when there is a disability related need or a lack of course
availability. For part-time attendance, an individual shall have a maximum of
twenty-four months to complete each academic year of college training as
defined by the degree program and maintain FAFSA/financial aid
eligibility. (2) Students in any other
training program shall maintain satisfactory progress and minimum grade
standard as established by the training program. (H) To continue receiving OOD support, an individual with a
disability attending a junior college, or community college training, or a
four-year college, or four-year university training program shall maintain a
cumulative grade point average of 2.0 or higher and the minimum grade
requirements for successful completion of the academic program. For a graduate
college or graduate university training program, the grade standard shall be
the school's grade requirement for graduation. (I) An individual with a disability shall make payment to
OOD for any refund received for tuition, training fees or supplies for which
OOD has paid. (J) This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
Last updated April 19, 2021 at 9:35 AM
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Rule 3304-2-59 | Scope of services.
Effective:
April 19, 2021
(A) OOD shall provide services consistent
with 34 CFR 361.48, in effect on the effective date of this rule. (B) Definition as applied to this
rule. "Student with a disability" means an individual with a
disability in a secondary, postsecondary or other recognized education program
who is not younger than fourteen and is not older than twenty-one years of age
and, for a student in secondary education, is eligible for and receiving
special education or related services under Part B of the Individuals with
Disabilities Education Act or is a student with a disability for purposes of
section 504 of the Rehabilitation Act of 1973, as amended. (C) As appropriate to the vocational rehabilitation needs
of each individual and consistent with each individual's individualized
plan for employment, OOD shall ensure that the following vocational
rehabilitation services are available to assist the individual with a
disability in preparing for, securing, retaining, advancing in or regaining an
employment outcome that is consistent with the individual's unique
strengths, resources, priorities, concerns, abilities, capabilities, interest,
and informed choice. (1) Assessment for
determining eligibility and priority for services by qualified personnel,
including, if appropriate, an assessment by personnel skilled in rehabilitation
technology, in accordance with rule 3304-2-54 of the Administrative
Code. (2) Assessment for
determining vocational rehabilitation needs by qualified personnel, including,
if appropriate, an assessment by personnel skilled in rehabilitation
technology, in accordance with rule 3304-2-54 of the Administrative
Code. (3) Vocational
rehabilitation counseling and guidance, including information and support
services to assist an individual in exercising informed choice. (4) Referral and other
services necessary to assist applicants and eligible individuals to secure
needed services from other agencies, including other components of the
statewide workforce development system, and to advise those individuals about
the client assistance program. (5) Physical and mental
restoration services, to the extent that financial support is not readily
available from a source other than OOD. (6) Vocational and other
training services, including personal and vocational adjustment training,
advanced training in, but not limited to, a field of science, technology,
engineering, mathematics (including computer science), medicine, law, or
business; books, tools, and other training materials. All college, occupational, and vocational training shall be
provided in accordance with rule 3304-2-58 of the Administrative Code. (7) Maintenance. (8) Transportation in
connection with the provision of any vocational rehabilitation
service. (9) Vocational
rehabilitation services to family members of an applicant or eligible
individual if necessary to enable the applicant or eligible individual to
achieve an employment outcome. (10) Interpreter
services, including sign language and oral interpreter services, for
individuals who are deaf or hard of hearing and tactile interpreting services
for individuals who are deaf-blind provided by qualified
personnel. (11) Reader services,
rehabilitation teaching services, and orientation and mobility services for
individuals who are blind or visually impaired. (12) Job-related
services, including job search and placement assistance, job retention
services, follow-up services, and follow-along services. (13) Supported employment
services in accordance with rule 3304-2-60 of the Administrative
Code. (14) Personal assistance
services. (15) Post-employment
services. OOD may provide post-employment vocational rehabilitation
services subsequent to the achievement of an employment outcome that are
necessary for an eligible individual to maintain, regain or advance in
employment. These post-employment services shall be provided under an
individualized plan for employment. (16) Occupational
licenses, tools, equipment, initial stocks, and supplies. (17) Rehabilitation
technology, including vehicular modification, telecommunications, sensory, and
other technological aids and devices. (18) Transition services
for students and youth with disabilities, that facilitate the transition from
school to postsecondary life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment transition services for
students. (19) Technical assistance
and other consultation services to conduct market analyses, develop business
plans, and otherwise provide resources, to the extent those resources are
authorized to be provided through the statewide workforce development system,
to eligible individuals who are pursuing self-employment or telecommuting or
establishing a small business operation as an employment outcome. (20) Customized
employment. (21) Other goods and
services determined necessary for the individual with a disability to achieve
an employment outcome. (D) OOD, in collaboration with the local educational
agencies involved, shall provide, or arrange for the provision of,
pre-employment transition services for all students with disabilities, in need
of such services, without regard to the type of disability. (1) Pre-employment
transition services must be made available statewide to all students with
disabilities, regardless of whether the student has applied or been determined
eligible for vocational rehabilitation services. (2) OOD shall provide the
following pre-employment transition services: (a) Job exploration counseling; (b) Work-based learning experiences, which may include
in-school or after school opportunities, or experience outside the traditional
school setting (including internships), that is provided in an integrated
environment in the community to the maximum extent possible; (c) Counseling on opportunities for enrollment in
comprehensive transition or college (postsecondary educational programs) at
institutions of higher education; (d) Workplace readiness training to develop social skills
and independent living; and (e) Instruction in self-advocacy (including instruction in
person-centered planning), which may include peer mentoring (including peer
mentoring from individuals with disabilities working in competitive integrated
employment). (3) OOD shall provide
auxiliary aids and services, assistive technology, maintenance, transportation,
personal assistance services, services to family members, and rehabilitation
technology for students with disabilities who require such services to
participate in pre-employment transition services. (E) 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; (5) Gender affirming
surgery or any auxiliary procedures associated with, or leading up to such
surgery; and (6) Medical
marijuana. (F) OOD shall not erect buildings
including homes. (G) OOD shall not purchase: (1) Land; (2) Buildings including
homes; (3) Vehicles; (4) Experimental
items; (5) Firearms; (6) Ammunition; (7) Explosives; (8) Alcohol; (9) Tobacco; (10) Flammables; (11) Combustibles; (12) Reinstatement of
licensure fees; (13) Representation for
appeal hearings for a referral, applicant, or individual; (14) Products containing
marijuana plant derivatives including, but not limited to, cannabidiol (CBD),
tetrahydrocannabinol (THC), or hemp; (15) Health
insurance; (16) Vehicle
insurance; (17) Liability insurance,
unless required and included as part of a program training fee; or (18) Any service when OOD
learns an individual has an active arrest warrant, unless that individual is
already under the supervision of a court. (19) Any service that
violates state or federal law and regulation. (H) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
Last updated April 19, 2021 at 9:35 AM
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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.
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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.
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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.
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Rule 3304-2-63 | Confidentiality of information.
OOD collects and maintains confidential information
on individuals. OOD, and anyone with access to the confidential information,
shall keep such information confidential. OOD shall destroy individual
information when the information is no longer necessary and relevant to the
lawful functions of OOD, and when the destruction 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. The individual's
legal guardian shall sign any consent to release information. (A) "Confidential information"
means any information received about any individual who has been referred to
OOD, has applied for services, is currently receiving services, or has received
services. (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 the
individual's 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) An individual may request in writing
to review the individual's case record. On receiving the individual's
request, OOD shall schedule a mutually convenient time for the individual to
review the individual's 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 or is marked
confidential. 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. The individual shall be
informed of the procedure for obtaining the release of information to a third
party if any information is removed from the case record under this section for
the individual's review. (2) OOD shall not release
unpurchased information, or information which otherwise indicates the
information shall not be shown to the individual. If the individual requests
such information, the individual shall be referred to the source where the
information was obtained. (E) An individual may object to any
information in the individual's case record. On receiving an objection,
OOD shall review the disputed information for accuracy, relevance, timeliness,
and completeness. OOD 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) Unverified or
inaccurate information about eligibility or justification for services provided
or not provided shall not be destroyed, but shall not be used for any further
purpose in evaluating eligibility or services. (2) Information that
cannot be verified or is inaccurate, and does not concern eligibility or
services, shall be destroyed, or when possible, redacted or
corrected. At the individual's written request, OOD shall inform any
person the individual designates that the disputed information has been
removed. (3) An individual not
satisfied with the review and the action taken may submit a written rebuttal
about information not destroyed, redacted or corrected. OOD shall place the
individual's rebuttal in the individual's case record. OOD may add a
statement explaining why the information was not destroyed. At the individual's written request, OOD shall provide the
rebuttal, or corrected record, to any person the individual designates. (F) The individual, or the
individual's legal guardian, may sign a general consent permitting OOD to
provide confidential information to third parties to obtain or provide services
to the individual. This includes, but is not limited to, obtaining 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 law enforcement agencies. OOD shall inform the
provider or cooperating agency the following on the release of confidential
information: (1) Whether any
information shall only be released pursuant to the provisions 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) OOD shall obtain the individual, or
the individual's legal guardian, specific written consent to release
confidential information for the following purposes. (1) To permit any other
person to have access to the individual's case record to which the
individual has access. Any person so designated by the individual shall receive
one copy of the individual's case record at no cost. (2) To release
information to the media, but OOD shall release only information that may be
released to the individual. (3) For a purpose not
covered elsewhere in this rule. (4) To respond to a
subpoena request for an individual's records. The attorney who subpoenaed
the records shall be responsible for obtaining the individual's written
consent. (H) OOD does not require consent from the
individual to release confidential 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 the individual's 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 state or federal law. In addition, OOD does not require the
individual's consent to release individual confidential 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 the
individual's legal guardian or legal representative; and (2) The OOD executive
director or designee has approved the release. (I) This rule is designed to implement the Workforce Innovation
and Opportunity Act, 29 U.S.C. 32, and resulting regulations.
Last updated May 15, 2021 at 12:08 PM
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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.
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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.
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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.
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