i New Mexico State Board of Education
ii Use of the Manual
iii Record of Revisions
1.00 The Vocational Rehabilitation Process
2.00 Status 00 - Referrals
3.00 Status 02 - Applicant/Preliminary Assessment
3.01 Basic Requirements
3.02 Initial Interview
3.03 Preliminary Assessment
4.00 Eligibility
4.01 Basic Requirements
4.02 Physical or Mental Impairment & Functional Limitations
4.03 Substantial Impediment to Employment
4.04 Can Benefit in Terms of an Employment Outcome
4.05 V.R. Services Required
4.06 Ineligibility
5.00 Status 06 - Extended Evaluation
6.00 Status 10 and 12 - Comprehensive Assessment
7.00 Individualized Written Rehabilitation Program
7.01 Basic Requirements
7.02 Contents of the IWRP
7.03 Amendments to the IWRP
7.04 Cost Sheet
8.00 Purchase of Goods and Services
8.01 Economic Needs Requirement
8.02 Comparable Services and Benefits
8.03 Payment for Services
8.04 Occupational Licenses, Goods and Equipment
(Revised 4/96)
8.05 Purchase of Vehicles
9.00 Status 14 - Counseling and Guidance
10.00 Status 16 - Physical and Mental Restoration
10.01 Basic Requirements
10.02 Physical Restoration
10.03 Medical Consultation
10.04 Mental Restoration
11.00 Status 18 - Training
11.01 Vocational Training
11.02 College or University Training
11.03 On-the-Job Training
11.04 Work Adjustment Training
11.05 Miscellaneous Training
12.00 Other Services
12.01 Maintenance
12.02 Transportation Services
12.03 Services to Family Members
12.04 Other Miscellaneous Goods and Services
13.00 Placement & Employment
13.01 Status 20 - Placement
13.02 Status 22 - Employment
13.03 Homemaking
13.04 Unpaid Farm or Family Worker, and Other Homebased Employment
13.05 Extended Employment
13.06 Self Employment
14.00 Supported Employment
14.01 Basic Requirements
14.02 Eligibility
14.03 Scope of Service
14.04 IWRP for Supported Employment
14.05 Case Closure
14.06 Documentation
14.07 Post Employment Services
(Revised 4/96)
15.00 Case Closure
15.01 Status 08 - Closure
15.02 Status 24 - Interrupted Status
15.03 Status 26 - Closure
15.04 Status 28 and 30 - Closures
15.05 Closure Notification
16.00 Post Employment (Status 32, 34 and 36)
17.00 Client Rights and Responsibilities
17.01 Basic Rights
17.02 Protection, Use and Release of Information
17.03 Fair Hearing
18.00 Case Documentation
18.01 Contact Reports
18.02 Filing Procedures for Case Files
18.03 Transfer of Cases
Index
(Revised 4/96)
Eleanor B. Ortiz, President Santa Fe
Van W. Witt, Vice-President Roswell
Emmalou Rodriguez, Secretary Albuquerque
Virginia Trujillo, Member Albuquerque
Wallace Davis, Member Ship Rock
Roger X. Lenard, Member Edgewood
Millie Pogna, Member Albuquerque
Lynn Medlin, Member Tatum
Darl N. Miller, Member Las Cruces
Catherine M. Smith, Member Mimbres
Steven Schmidt, Member Santa Fe
Rudy Castellano, Member Questa
Marlis Mann, Member Corrales
Beverlie O’Dell, Member Los Alamos
The New Mexico State Board of Education and the State Department of Education do not discriminate with regard to race, culture, ancestry, color, national origin, sex, age, religion, or handicap in their programs or hiring. practices.
This project was funded, in part, by a Rehabilitation Act of 1973 Basic Support Grant, HI26A00045, U.S. Department of Education, Office of Special Education and Rehabilitation Services, Rehabilitation Services Administration and New Mexico State General Funds.
Revised 4/96) -i-
This manual supercedes all previous manuals, memorandums, verbal instructions or other policies related to the provision of client services. The manual and any changes to the manual are effective upon receipt.
The supervisor is responsible for ensuring that each staff member has an updated copy, and that braille copies are provided as needed. After the initial training, the supervisor is also responsible for providing any additional training to new staff, clarifying policy questions for the staff, and bringing problems with the manual to the attention of the Deputy Director of Rehabilitation Services.
The manual is written primarily to cover most situations - not the exception. The individualized nature of the program restricts our ability to address every conceivable service issue that may arise. Counselor skills, good judgement and fiscal responsibility complementing altruism are still imperative requirements for serving clients within the framework of this manual. With these things in mind no eligible client shall be denied a service that is truly needed to achieve a vocational goal, and when this requires an exception to the manual, the supervisor shall bring it to the Field Operations Director. As changes are made to the manual, they will be sent to all manual holders with a cover memo transmittal.
(Revised 4/96) -ii
This form should be filed in front of the Manual of Operating Procedures. When a revision is made, appropriate information should be filled in below:
(Revised 4/96)
Acknowledgment - Changed State Board of Education Members
Table of Contents - 13.05-1 Changed Sheltered Employment to Extended Employment
1.00-3- Added Case Status Movement Table
2.00-2- Outreach - added "NOTE: Institutionalized referrals shall be accepted
if they are available to participate in the rehabilitation process and
employment. Generally, notification of a discharge date from the
institution, or discharge plan, which will allow for active participation
by the individual, shall be required."
- Status 00, Step 1 - changed "R-300 as per Statistical Manual" to
"Information Sheet". Added a step - "Provide information and
explanation of eligibility criteria."
- Temporary Case Number #3 changed "R-300" to "Information Sheet"
4.01-1- Social Security Presumption - Deleted last sentence "See Statistical
Manual for definition of severe disability."
4.01-2- Guidelines #4 - Changed to read: "An individual cannot be served by
more than one state rehabilitation agency. American Indians may be
eligible for services under the state VR program and the American
Indian VR program (Section 13.01) simultaneously, however, IWRP
development must be coordinated to assure appropriate use of
comparable benefits and non-duplication of services."
- Procedures for Eligibility Determination #2 - Deleted "(Refer to
Statistical Manual)".
4.04-1- Can Benefit - changed "decision" to "judgement" on the part of the
counselor ......
7.01-2- Guidelines - Added new guideline "Services provided to individuals who
are also eligible for services under the Individuals with Disabilities Act shall be coordinated. As appropriate, a statement shall be made in the vocational
goal section of the IWRP which describes how it is being coordinated with services planned under an existing IEP or IHP."
7.01-2- changed "Guidelines" numbering sequence.
7.02-2- Guideline #4 - added "if the client does not possess marketable job
skills," and training is required…..
10.04-3- Delete paragraph "Role of the Neuropsychological Consultant".
12.04-3- Independent Living Services - Deleted last paragraph.
13.05-1 &
13.05-2- Changed "Sheltered Employment" to "Extended Employment".
15.01-2- Closing Cases for Unavailability #4 to read: "Complete closure through
DVR NET." -
15.03-2- Closing the Case #7 to read: "Complete closure screens in DVR NET."
15.04-2- Guidelines - Deleted #3
15.05-2- Added Closure Reference Guide Table
18.02-1- Left Side - Delete "On the top of the left side over the first divider (A) is the most recent R-300."
18.03-1- General Guidelines #7 changed to read: "The loosing counselor will enter the Transfer Transaction in the Client Information System identifying the receiving caseload."
1.00-1
1.00 THE VOCATIONAL REHABILITATION PROCESS
LEGAL BASIS:
Legal Authority for VR Programs: The Rehabilitation Act of 1973, as amended, 29 U.S.C.A. Chapter 16, 34 C.F.R. Parts 361 through 396, Section 22-14-7 at seq., NMSA 1978.
OVERVIEW:
The VR process is a Goal Oriented sequence of services provided on an individualized basis to assist eligible persons with disabilities in achieving a vocational goal.
NON-DISCRIMINATION:
The New Mexico. State Board of Education, Department of Education, Division of Vocational Rehabilitation does not discriminate with regard to race, culture, ancestry, color, national origin, sex, age, religion or impairment in their programs or hiring practices.
OVERVIEW OF STATUSES:
In order to describe the rehabilitation process easily and to report client services, the process has been broken down into "client statuses".
(Revised 4/96)
1.00-2
| STATUS | |||
| Referral to VR Agency | Intake, diagnostics and evaluation, potential to determine eligibility. | ||
| Application for VR Services | |||
| Extended Evaluation of Rehabilitation Potential | |||
| Case Closure from Status 00, 02 or 06. | Closure prior to certifying client eligible for VR services. | ||
| Individualized Written Rehabilitation Program (IWRP) Development | Thorough diagnostic study and joint program planning for eligible clients prior to provision of services. | ||
| IWRP Written and Approved | Provision of VR services under an IWRP | ||
| Counseling and Guidance | |||
| Physical & Mental Restoration | |||
| Training | |||
| Placement – Ready for Employment | |||
| Employment | |||
| Services Interrupted | Planned Services Temporarily Discontinued. | ||
| Successful Rehabilitation Closure from Status 22 | Closure after certifying client eligible for VR services. | ||
(Revised 4/96)
1.00-3
| STATUS | |||
| Unsuccessful Closure for Provision of Services from Statuses 14, 16, 18, 20, 22 and 24 | Closure after certifying client eligible for VR services. | ||
| Unsuccessful Closure Prior to Provision of Services from Statuses 10 or 12 | |||
| Post Employment Services After 26 Closure | Provision of VR Services after closure. | ||
| Successful Closure After Post Employment Services | Closure prior to certifying client eligible for VR services. | ||
| Closure indicates Client Did Not Maintain Employment After Post Employment Services | |||
CASE STATUS MOVEMENT:
Below is a chart indicating to which statuses a client may be moved from the current status, if appropriate action or documentation has preceded the status change.
Status changes are made on specific screens in the Client Information System.
| 02, 08 | Information Sheet, Closure Screen 08 from 00 | |
| 06, 10, 08 | Eligibility, Closure Screen 08 from 02 | |
| 10, 08 | Eligibility, Closure Screen 08 from 06 |
(Revised 4/96)
1.00-4
| 00 Then 02 (Open New Case) | Information Sheet | |
| 12, 14, 16, 18, 30 | IWRP Original, Closure 30 Screen | |
| 14, 16, 18, 30 | IWRP Original, Closure 30 Screen | |
| 16, 18, 20, 22, 24, 28 | Status Change Screen, Closure 28 Screen, or IWRP Amendment | |
| 14, 18, 20, 22, 24, 28 | Status Changes, Screen Closure 28 Screen, or IWRP Amendment | |
| 14, 16, 18, 22, 24, 28 | Status Changes Screen, Closure 28 Screen, or IWRP Amendment | |
| 14, 16, 18, 20, 24, 28, 26 | Status Changes Screen, IWRP Amendment,Closure 26 Screen | |
| 14, 16, 18, 20, 22, 28 | Status Changes Screen, Amendment, Closure 28 Screen | |
| 00 Open new case | Information Sheet, Post Employment Screen | |
| 00 Open new case | Information Sheet | |
| 00 Open new case | Information Sheet | |
| 34, 36 | Closure from Post Employment | |
| 00 then 02 (Open New Case) | Information Sheet | |
| 00 then 02 (Open New Case) | Information Sheet |
(Revised 4/96)
2.00 STATUS 00 - REFERRALS 2.00-1
DEFINITION:
A referral is an individual who has been referred to DVR by other agencies, organizations, or individuals and from whom the following information has been obtained:
1. Name and Address
2. Reported Disability
3. Date of Birth
4. Sex
5. Date and Source of Referral
6. Social Security Number
Note: The date on which the referral was actually received by the VR Office must be the same date as the referral date on the Information Sheet.
OUTREACH:
When conducting outreach activities with:
0 Institutions
0 Public or private high schools
0 Social Security offices
.0 Welfare offices
0 Other agencies with several potential referrals at one time
0 Disability Determination Services
(Revised 4/96)
2.00-2
Individual cases may be discussed with a representative of the referring agency prior to referral in order to ensure that referrals are appropriate. Clearly inappropriate cases (such as persons without a disabling condition) should not be referred.
Referrals should be accepted if:
0 the client is available for VR services
0 referral information indicates client may be eligible for VR services
NOTE: Institutionalized referrals shall be accepted if they are available to
participate in the rehabilitation process and employment. Generally,
notification of a discharge date from the institution, or discharge plan,
which will allow for active participation by the individual, shall be
required.
STATUS 00:
STEP: ACTION:
1. Complete Information Sheet.
2. Make a reasonable effort to contact the client.
3. Provide information and explanation of eligibility criteria.
4. Document the "Reasonable Effort" in a contact report.
TEMPORARY CASE NUMBER:
When the referred individual does not have a Social Security Number:
1. Call the client information specialist in the State Office to obtain a
temporary case number and use this number to open the case.
2. Direct the client to apply for a Social Security Number.
3. Change the Information Sheet when the client obtains a Social Security
Number.
(Revised 4/96)
2.00-3
ADVANCING FROM 00:
1. Move to Status 02 if the client responds to the contact, and completes and
signs an application for services. Assistance is given by the VR Secretary or
other staff in completing application if needed.
2. Move to Status 08 if the client does not respond or does not wish to apply for
services. (Section 15.01)
REASONABLE EFFORT TO CONTACT:
An attempt to contact a referral should be made within 30 days of receipt of the referral by letter, telephone or personal visit.
| TYPE OF CONTACT: USE WHEN: |
| Telephone Contact: Phone call to Initially contacting a referral to |
| client, client's relative, guardian or ascertain client's interest in applying |
| other individual familiar with client. for DVR services. |
| Letter includes: Counselor Name, Initially contacting a referral to |
| Address, Phone Number and Referral ascertain clients interest in applying |
| Source. for DVR services or when telephone |
| contact fails to produce a response. |
| Personal or Home Visit: Face-to-face Letter and phone contacts have failed |
| visit with client, or client's parent or and referral information indicates: |
| guardian, in the home, hospital, 1) Visual and/or hearing impairment, |
| institution or other residence. 2) Mental retardation, |
| Personal or home visits may be used 3) Brain damage or learning |
| at referral and must be used for disability, |
| ineligibility decisions. *(See 4) Illiteracy or non-English speaking, |
| exceptions) 5) Client available for services soon |
| but unable to come to the office |
| (hospitalized or institutionalized) |
| 6) Any indication of mobility, |
| communication or transportation |
| problem. |
(Revised 4/96)
2.00-4
EXCEPTIONS TO THE ABOVE:
A home visit is not necessary if:
1. Referral information indicates that the client or someone in the home
may be dangerous.
2. Client has a rural route (R.R.) or post office (P.O.) box address and a
location or street address cannot be established from the referral source.
3. Client has previously refused VR services or referral information
indicates the client may not be interested.
DOCUMENTATION:
Case file should document reasonable effort to contact (letter, telephone, home visit, etc.), and the outcome of such contact.
(Revised 4/96)
3.0 0 STATUS 02
APPLICANT/PRELIMINARY ASSESSMENT
3.01 BASIC REQUIREMENTS 3.01-1
DEFINITION:
1. An applicant is an individual for whom:
11. Preliminary Assessment means:
PURPOSE:
The purpose of this status is to gather diagnostic information sufficient to make a determination of:
NOTE: While a person may be closed in Status 08 for reasons other than
ineligibility, the intent of Status 02 is to make an eligibility
determination. Clients found ineligible, because they cannot benefit
from services in terms of an employment outcome, should be
considered for referral to an Independent Living Program or other
programs as appropriate.
(Revised 10/97)
MOVING INTO 02:
3.01-2
STEP: ACTION:
1. Schedule and conduct an initial interview and document in case file. (Section 3.02)
2. Have the client, parent or guardian (if appropriate) complete and sign an application for VR services.
NOTE: In all cases an explanation of confidentiality, client rights, and the
Client Assistance Program must be given to the client (Section 17.01).
It must be documented by client signature on the application form.
PROCEDURES IN STATUS 02:
STEP: ACTION:
4. To the extent additional data is necessary, arrange for diagnostic
studies. (Section 3.03)
5. Maintain contact with the client to further develop rapport, consider
eligibility and initiate planning when appropriate.
6. Review existing data and assess all information from client and
significant others.
7. If additional data is necessary, do a Preliminary Assessment of such
data.
8. Make an eligibility or case closure decision.
9. Move out of Status 02 to Status 06, 08, 10 or beyond Status 10 (12,
14, 16,or 18).
(Revised 10/97)
3.01-3
10. Complete a 60 day waiver form if the case must be kept in Status 02 beyond the time allowed for eligibility determination. Send a copy of the waiver to the supervisor and complete required section of the Information Sheet on DVRNET for 60 day waiver.
TIME LIMITATION:
Though planning activity may take place in Status 02, the emphasis must be on making an eligibility determination due to the limited time allowed. The counselor must determine whether an individual is eligible for vocational rehabilitation services within 60 DAYS after the individual has submitted an application to receive the services unless:
The general principle to be followed in seeking a waiver of the sixty (60) day limitation for making an eligibility determination pertains to locus of responsibility. In general, it must be for reasons that are clearly beyond the counselor's ability to control. The reasons will usually pertain to the obtaining of data required for an eligibility determination. It is important, therefore, to keep in mind the following: additional (new) data should not be sought if existing data is sufficient; determining sufficiency must be limited to a preliminary assessment of the data; and that, in addition to records, data refers to counselor observations and information obtained from the client during the initial and subsequent interviews.
(Revised 10/97)
3.01-4
In all circumstances, we should maintain a cautious attitude in seeking a waiver.
Before seeking a waiver, always check to see if an eligibility determination can be made. If it cannot, and the reason is:
1. Client related - explain the circumstances to the client and then give them the
option of signing a waiver or having the case closed.
2. Counselor related - explain the circumstances to the client and inquire as to
their willingness to sign a waiver. If they refuse, then you must proceed in
overtime to make an eligibility decision in a conscientious but expeditious
manner. THIS IS IN VIOLATION OF FEDERAL LAW FOR TIME IN
STATUS AND WILL CONSTITUTE AN AUDIT EXCEPTION.
3. Neither - (the circumstances are clearly beyond the counselor's ability to
control but not the client's fault) same as #2 above.
When a waiver has been issued, you must proceed in good faith to make an eligibility decision within the time period agreed upon with the client. The waiver should never be completed for the purpose of obtaining data not required for eligibility or for making decisions which should be made in either status 06 or 10.
GUIDELINES:
1. Keep your intent and purpose on eligibility. The counselor's primary task at
this time is to determine if the client can, not will, achieve an employment
outcome.
2. When feasible, the counselor should base the eligibility decision on a review
of existing data. Do not obtain or collect more data than required to make
an eligibility decision.
(Revised 10/97)
3.01-5
3. To the extent additional data is necessary, remember that only a preliminary
assessment of the data is required. A comprehensive assessment of the same
data, along with additional data as deemed necessary, is reserved for
planning activity in status 10 if the client is found eligible.
4. Focus on basic eligibility issues which require preliminary assessment of
data. Avoid being overly concerned with issues pertaining to vocational
goal, particular services, motivation, etc., which require comprehensive
assessment of data.
5. Avoid the pitfalls which stem from trying to make decisions that are not
meant to be made in status 02. Accept the limits of what can be known and,
thus, must be demonstrated, ie., Status 06 or 10.
ADVANCING FROM STATUS 02:
TO STATUS: ADVANCE TO THIS STATUS WHEN:
08 a) After assessing all information client is declared ineligible
(Section 4.06).
b) Client becomes unavailable for services (Section 4.06).
NOTE: The guidelines listed on page 2.00-3 under "Reasonable
Effort to Contact" must be followed in closing cases from Status
02 to 08. Refer to Section 15.01 Case Closure.
06 Client is certified eligible for extended evaluation services
(Section 5.00).
10 Client is certified eligible for regular VR services (Section
4.00).
12, 14, a) Client is certified eligible
16, 18 for regular VR Services; and
b) Sufficient assessment and planning were done in Status
02 to develop and write an Individualized Written
Rehabilitation Program.
(Revised 10/97)
3.02 INITIAL INTERVIEW 3.02-1
PURPOSE:
The purpose of the initial interview is to:
a) Exchange information with the client.
b) Establish a basis for the client/counselor relationship.
c) Start the preliminary diagnostic process.
GUIDELINES FOR THE INITIAL INTERVIEW:
1. The initial interview must be conducted by a counselor or other qualified
individual. The client should complete the information sheet and health
assessment questionnaire prior to the initial interview, if possible.
2. Have the application, financial summary and the release of information forms
available prior to the interview.
3. Document to the extent necessary an appraisal of the client's current
functioning in the following areas:
a) Medical e) Intellectual
b) Psychological f) Vocational
c) Social g) Financial
d) Educational h) Independent Living
4. Gain as much specific information as possible about the items listed above and
any other areas affecting the client's vocational rehabilitation.
5. If all items cannot be covered adequately, schedule a second interview as soon
as possible.
6. Have the client sign a release of information form for any doctors, schools,
etc. from whom you will need to request information. The release must be
completed prior to obtaining the signature. Copies of all releases/requests sent
out should be retained in the case file.
(Revised 4/96)
3.02-2
7. When possible, have the client gather information from other agencies or
individuals.
8. Complete the Financial Summary.
9. To the extent additional data is necessary, arrange for diagnostic studies
(Section 3.03).
10. Set short term "homework" tasks for the client as appropriate given the reported impairment of the applicant, to expedite plan development and test motivation. Make the client aware of the 60 DAY requirement for an eligibility decision and, as appropriate, his/her responsibilities in helping to meet the requirement.
DOCUMENTATION:
Upon completion of the initial interview, document and date in an initial interview contact report the general topic areas listed above. This contact report must be comprehensive as it forms the initial conceptual base which directs the diagnostic study and planning.
(Revised 4/96)
3.03 PRELIMINARY ASSESSMENT 3.03-1
DEFINITION:
The term "preliminary assessment" means: A review of existing data and, when necessary, additional data to the extent needed to determine whether an individual is eligible for vocational rehabilitation services.
NOTE: When an Order of Selection is used, the client's assigned service
priority is determined during the preliminary assessment.
GENERAL REQUIREMENTS:
eligibility.
process (e.g., interpreter services for individuals who are deaf or hard of
hearing shall be provided).
should not result in unreasonable delays in eligibility determination.
FORWARD PLANNING:
All information obtained during the assessment process for determining eligibility becomes part of the assessment process for determining vocational rehabilitation needs for eligible clients. Much of the same information is relevant to both purposes, however, the information is approached differently. The counselor does a preliminary assessment of the information in order to determine eligibility and a comprehensive assessment of the information in order to determine vocational rehabilitation needs for eligible clients. In those cases where eligibility seems fairly certain, it is appropriate for the counselor and client to begin planning for IWRP development throughout the assessment process.
(Revised 4/96)
3.03-2
PROCEDURES FOR OBTAINING AND UTILIZING DIAGNOSTICS:
STEP: ACTION:
1. During the initial interview, have the client sign a separate request for
release of information for each individual or agency that may have
pertinent information.
2. Request information; note date requested; follow up regularly.
3. Discuss with the client why other diagnostics are needed. Purchase
additional diagnostics only if available information is insufficient to
determine eligibility.
4. Encourage the client to take responsibility for making appointments for
diagnostics where appropriate.
5. Send written authorization to vendor prior to provision of diagnostic
services.
6. Approve payment of invoice for diagnostics only after receipt of written
reports and review of charges.
7. Obtain consultation as appropriate.
8. Discuss results of diagnostics with the client.
9. Assess all information in relation to eligibility; explain eligibility
decision to client.
SCOPE OF DIAGNOSTIC STUDIES:
GUIDELINES:
1. Impairments (Section 4.02) must be substantiated in written form by an M.D., D.O., certified psychologist, optometrist, audiologist, or other professional licensed or certified in the diagnosis of the impairment.
(Revised 4/96)
3.03-3
2. If the impairment is stable and non-progressive, existing data is generally
sufficient for substantiating the impairment. Existing reports should be
utilized whenever possible, however, when the impairment is not stabilized or
is progressive, current reports should be obtained.
3. If existing reports are not available/sufficient, the client's own physician or
physician of choice should be utilized whenever possible. To the extent
necessary, additional data may be purchased for the purpose of further
defining functional limitations.
4. Determinations made by officials of other agencies, particularly education
officials, regarding whether an individual satisfies one or more factors relating
to whether an individual is an individual with a disability, shall be used to the
extent appropriate for making eligibility determinations.
5. An individual who has been determined to have a disabitity under the Social
Security Act shall be considered to have a physical or mental impairment
which for such individual constitutes or results in a substantial impediment to
employment.
6. Specialist exams should be utilized as appropriate. (See examples listed
below.)
VISUAL IMPAIRMENTS:
1. Ophthatmologist if eye disease or pathology is known or suspected;
2. Optometrist can be used for initial screening or for refraction errors.
HEARING IMPAIRMENTS:
1. Otolaryngologist (ENT) if on-going ear pathology is known or suspected;
2. Audiologist may be used for hearing evaluation.
LEARNING DISABILITY OR MENTAL RETARDATION:
1. Psychologist certified by the State Board of Psychological Examiners;
(Revised 4/96)
3.03-4
2. Clinical Psychologist under the State Personnel Board;
3. Educational Diagnostician certified by the State Department of Education.
4. Neuropsychologist when learning disability is questionable.
MENTAL OR EMOTIONAL DISORDERS:
1. Psychiatrist;
2. Psychologist certified by the State Board of Psychological Examiners; or
3. Clinical Psychologist under the State Personnel Board.
CAUTION: Clients must be informed that treatment resulting from an authorized diagnostic exam will not be approved for payment and that recommended treatment may be approved only after eligibility is determined and IWRP is developed.
OTHER DIAGNOSTICS:
Diagnostics needed to substantiate or clarify functional limitations related to eligibitity determination may be obtained, as appropriate, from individuals who are licensed or qualified according to statewide professional standards:
0 If a general medical examination is to be used to substantiate the existence of
an impairment or to appraise the current health status of the applicant, a
physician's assistant (PA) may be utilized, instead of a licensed physician. The
term physician's assistant means a skilled person certified by the New Mexico
Board of Medical Examiners as being qualified by academic and practical
training to provide patient services under the supervision and direction of the
licensed physician who is responsible for the performance of that assistant.
0 Speech, occupational or physical therapists;
? Vocational evaluators in private practice or in a facility;
0 Other facility specialists or agencies such as Employment Security office
testing, State Personnel tests, etc.;
(Revised 4/96)
3.03-5
0 Rehabilitation engineer to assess a client's potential to benefit from Rehabilitation engineering services;
0 Educational Diagnostician's reports, school transcripts, or other school records.
HOSPITALIZATION FOR DIAGNOSTIC PURPOSES:
If hospitalization is requested by a physician for the purpose of diagnostic study, medical and supervisory consultation shall be obtained.
COUNSELOR ASSESSMENT:
Counselor assessment is of primary importance during the "Preliminary Assessment". The focus should be on the total person and the factors that contribute positively or negatively to the client's vocational functioning. TO THE EXTENT NECESSARY TO DETERMINE ELIGIBILITY (Section 4.00), counselor assessment consists of:
1. Assessment-analysis of information obtained from the client. This
includes all areas covered in the initial interview, the application and
the financial summary.
2. Assessment-analysis of reports from other persons or agencies, such as
doctors, psychologists, facilities, previous employers or other assessment
analysis of information obtained from the administration of assessment
instruments.
(Revised 4/96)
4.00 ELIGIBILITY 4.00
4.01 BASIC REQUIREMENTS 4.01-1
OVERVIEW OF ELIGIBILITY:
This agency defines eligibility on the basis of two criteria which must be met in order to declare eligibility for VR services. The sections which follow explain each of the criteria and definitions necessary to their application.
DEFINITION OF ELIGIBLE CLIENT:
An applicant for VR services for whom all of the following criteria are met:
1. An individual who meets the definition of an individual with a disability, i.e.
a. has a physical or a mental impairment (Section 4.02);
b. which for the individual constitutes or results in a substantial
impediment to employment (Section 4.03); and,
c. can benefit in terms of an employment outcome from vocational
rehabilitation services (Section 4.04).
II. Vocational Rehabilitation services are required in order for the individual to prepare for, enter, engage in, or retain gainful employment (Section 4.05).
SOCIAL SECURITY PRESUMPTION:
An individual who has a disability as determined under Title II or XVI of the Social Security Act is considered to have a physical or mental impairment which constitutes or results in a substantial impediment to employment (the first two elements of the definition of an "individual with a disability") and to have a severe physical or mental impairment which seriously limits one or more functional capacities in terms of an employment outcome (the first element of the definition of an "individual with a severe disability").
(Revised 4/96)
4.01-2
GUIDELINES:
1. The VR counselor is responsible for making eligibility decisions.
2. Eligibility determinations are applied without regard to sex, race, age, creed,
color, national origin, type of disability, economic status or availability of
comparable services and benefits.
3. An individual must be physically available for services and living in New
Mexico. There is no residential time or legal proof requirement such as
drivers license, voting registration, etc.
4. An individual cannot be served by more than one state rehabilitation agency
at the same time. American Indians may be eligible for services under the
state vocational rehabilitation program and the American Indian vocational
rehabilitation program (Section 130) simultaneously, however, IWRP
development must be coordinated to assure appropriate use of comparable
benefits and non-duplication of services.
5. Legalized aliens may be eligible for VR services based on meeting agency
requirements.
6. Eligibility determinations must be made in a reasonable period of time, not to
exceed 60 days after the individual has submitted an application (02 status)
unless the client has been notified of exceptional and unforeseen circumstances
beyond the control of DVR and the client agrees that an extension of time is
warranted (THIS MUST BE DONE IN WRITING BY COMPLETING THE
60 DAY WAIVER FORM OR an extended evaluation is required.
PROCEDURES FOR ELIGIBILITY DETERMINATION:
STEP: ACTION:
1. Make a separate determination for each of the eligibility criteria as to whether the client meets the criteria, based on an analysis of all information obtained during the diagnostic study.
2. Document the basis for severely disabled coding on Statement of
Eligibility.
(Revised 4/96)
4.01-3
3. Discuss the decision with the client.
4. Complete the Statement of Eligibility, sign and date the Statement, even
if the client is ineligible. (See Section 4.06)
NOTE: As the emphasis is on making an eligibility decision in a timely manner,
it is important that the client is aware that the eligibility decision does
not answer the question "eligible for what". Be sure that the client
understands that, in most instances, this will be determined in the
thorough diagnostic/plan development phase - Status 10.
Revised 4/96)
4.02-1
4.02 PHYSICAL OR MENTAL IMPAIRMENT
AND FUNCTIONAL LIMITATIONS
Eligibility for services requires that an individual meets the definition of an individual with a disability. The first part of this definition requires the presence of a physical or mental impairment.
DEFINITIONS:
PHYSICAL OR MENTAL IMPAIRMENT:
A physical or mental condition which substantially contributes to limiting, or if not corrected will probably result in limiting, an individual's functioning.
SUBSTANTIALLY LIMITS:
In relation to the impairment, having a substantial consequence that is not temporary or easily ameliorated.
TEMPORARY OR EASILY AMELIORATED:
Of no permanent or chronic consequence; a condition which is expected to last for a limited time only or to be corrected, either partially or totally, by an identified treatment, with little or no residual effects on functioning; an impairment for which the only service needed is payment of medical expenses.
FUNCTIONAL LIMTATIONS:
Limitations imposed by an impairment that impede or limit an individual's functioning in one or more of the following areas (or in any area of physical or mental functioning):
Sensory Functioning Work Habits
Manual Dexterity Personal Behavior
Motor Coordination Academic Achievement
Physical Strength or Stamina Interpersonal Relations
Mobility Job Seeking Skills
Physical Appearance Communication
Physical or Mental Comfort Speech
Thought Processes Perception
Learning Judgment
Emotional Stability Memory
(Revised 10/97)
4.02-2
BASIS FOR DETERMINATION:
To make a determination that there exists a physical or mental impairment there must be:
1. Data substantiating the existence of an impairment, as per Section 3.03;
2. Functional limitations evidenced by the counselor or stated in medical, psychological,
school or work records, or other sources.
GUIDELINES:
1. Counselor judgment is a critical factor in all issues of eligibility, particularly
in determining the types of diagnostics necessary to determine eligibility and
the best resources available for those diagnostics. Cost, quality, timeliness
and convenience must all be considered.
2. Psychological reports used to substantiate mental impairments should have a
DSM IV-R diagnosis. By definition, almost any condition that warrants a
DSM IV-R diagnosis is an impairment, except for diagnosis with "V" codes.
3. Functional limitations may be substantiated by medical or psychological
reports, school or work records or other information, but are primarily
documented by the counselor. This can be done by observation, talking with
the client, friend, or family or assessment results.
4. If presence of an impairment is questionable, the impairment should be
substantiated prior to the scheduling of other diagnostics not related to the
existence of an impairment.
5. At any time that a secondary impairment is suggested by an outside source,
the client, or suspected by the counselor, it should be explored to the extent
necessary to determine functional limitations.
(Revised 10/97)
4.02-3
SURGERY OR SHORT TERM MEDICAL TREATMENT:
Cases involving surgery or specific short term medical or dental treatment are generally not eligible if the surgery is expected to correct the condition with little or no residual effects. The existence of a medical problem, regardless of the immediate or current effect, is not necessarily an impairment. Even if the situation is critical, there must still be a need for other VR services, including counseling.
Examples:
a. The client has a thyroid tumor requiring surgery. The thyroid has been
imbalanced for so long that client has experienced a great deal of emotional
stress and anxiety, causing loss of work, self-confidence, and positive social.
relationships. The client is eligible because although the surgery will correct
the impairment, it will not alleviate the chronic functional limitations
imposed by the impairment.
b. The client has a chronically poor dental condition resulting in unsightly
appearance, pain and potential health hazard. Dental report indicates need
for extraction of remaining teeth and provision of dentures which will
alleviate all symptoms. The client is not eligible as client has an impairment,
but it is easily ameliorated (no residual effects expected), therefore, it is not
a disability. It is a medical problem requiring treatment, but not requiring
the services of a vocational rehabilitation counselor.
IMPAIRMENTS IN REMISSION:
Clients with chronic impairments which are currently in remission (multiple sclerosis, cancer) are considered to be disabled if the impairment has created functional limitations, or, if without treatment the impairment may become active again. The other eligibility criteria still must be met.
DOCUMENTATION:
A listing of impairment codes and diagnosis plus- an explanation of functional limitations must be included on the Statement of Eligibility.
(Revised 10/97)
4.03 SUBSTANTIAL IMPEDIMENT TO EMPLOYMENT: 4.03-1
Eligibility for VR services next requires "the presence of a physical or mental impairment which for the individual constitutes or results in a substantial impediment to employment".
DEFINITIONS:
SUBSTANTIAL IMPEDIMENT TO EMPLOYMENT:
A physical or mental impairment (Section 4.02), in light of attendant medical, psychological, vocational, educational and other related factors that impedes an individual's occupational performance by preventing their obtaining, retaining or preparing for employment consistent with the individual's capacities and abilities.
A substantial impediment may exist, for a number of reasons, including the following:
(Revised 10/97)
4.03-2
a. Aggravate the present mental or physical condition.
b. Create a hazard to the future health and safety of the individual.
C. Jeopardize the health and safety of others.
Some of the enviromenental factors that affect employment are: marketable skills; educational level; community and employer attitude concerning disability; long term unemployment; work record; attitudes toward work, family and community; and labor market.
EMPLOYMENT:
Full-time or as appropriate part-time employment consistent with the capacity and abilities of the individual in the competitive labor market; the practice of a profession; self-employment; homemaking; farm or family work (including work for which payment is in-kind rather than in cash); extended employment; homebased employment; supported employment or other gainful work (Section 13.00 and Section 14.00).
CONSISTENT WITH CAPACITIES AND ABILITIES:
Work which is not precluded by the disability; will not exacerbate the condition; and work which is neither significantly above nor below the individual's mental or physical abilities or aptitudes (not solely determined by eamings or income level).
(Revised 10/97)
4.03-3
BASIS FOR DETERMINATION:
In making a determination of a substantial impediment to employment, there must be:
GUIDELINES:
between functional limitations and vocational performance, and may include:
(Revised 10/97)
4.03-4
CLIENTS WHO ARE CURRENTLY WORKING:
A client who is working may have a substantial impediment to employment if the:
Clients who appear to have adequate job skills (includes transferable skills) to enter employment consistent with their capacities and aptitude may still have a substantial impediment to employment if:
EXAMPLES:
Two clients (X and Y), both left AK amputees, apply for services; medical reports indicate the same impairment and similar functional limitations. Both are unemployed.
(Revised 10/97)
4.03-5
Client X is considered well adjusted, has a B.A. in Accounting, and was a CPA for 15 years until he was laid off last month during a reduction in force. Client has no substantial impediment to employment as the reason for his unemployment is not related to his impairment.
Client Y was a lumberjack with an 8th grade education until a year ago when he suffered an accident resulting in an amputation. He has experienced physical pain since the accident, as well as adjustment problems, and has never returned to work. There does exist a substantial impediment to employment.
Attendant factors in both cases are psychological, vocational and educational. In the first case, all factors are positive, or strengths; in the second case they are contributing factors to the substantial impediment to employment.
DOCUMENTATION:
The substantial impediment to employment must be explained on the Statement of Eligibility.
Revised 10/97)
4.04 CAN BENEFIT IN TERMS OF AN
EMPLOYMENT OUTCOME
4.04-1
Eligibility for vocational rehabilitation services requires that the individual "can benefit in terms of an employment outcome from vocational rehabilitation services." It is presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless the counselor can demonstrate clear and convincing evidence to the contrary.
DEFINITIONS:
PRESUMPTION OF BENEFIT:
It is presumed that an individual with a disability can benefit in terms of an employment outcome from vocational rehabilitation services unless the counselor can demonstrate by clear and convincing evidence to the contrary.
CAN BENEFIT:
A judgment by the counselor, based on interviews and other information, that through the provision of substantial VR services the client should be able to achieve an employment outcome. Keep in mind, you are making a decision as to the likelihood that a client can, not will, achieve an employment outcome.
Most clients can achieve an employment outcome but may not for reasons related to personal factors (motivation, etc.). When the decision centers mostly around personal factors, it becomes less likely that you will have clear and convincing evidence to support ineligibility. Under these circumstances proceed with regular services, giving the client the opportunity to demonstrate their willingness and ability to achieve an employment outcome - assuming all other eligibility criteria are met.
The counselor must have a general idea as to the type(s) of employment the client may be capable of achieving in order to certify that the client can benefit in terms of an employment outcome.
Prior to any determination that an individual with a severe disability is incapable of benefiting from VR services in terms of an employment outcome, because of the severity of the disability, the counselor must conduct an Extended Evaluation (06 status) to determine whether or not there is clear and convincing evidence.
(Revised 10/97)
4.04-2
EMPLOYMENT OUTCOME:
An individual entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market or satisfying any other vocational outcome. The following are considered suitable employment outcomes:
employment assessments, from service providers who have concluded that
they would be unable to meet the individual's needs due to the severity of the
individual's disability.
any necessary supports (including assistive technology), in real life settings.
(Revised 10/97)
4.04-3
UNAVAILABILITY OF SERVICES OR EMPLOYMENT:
DOCUMENTATION:
The counselor shall explain determination of "can benefit" in terms of an employment outcome on the Statement of Eligibility.
(Revised 10/97)
4.05-1
4.05 V.R. SERVICES REQUIRED
Eligibility for vocational rehabilitation services requires an individual to have a disability as defined in Section 4.01, and that services are required to prepare for, enter, engage in, or retain gainful employment.
REQUIRED SERVICES:
Services necessary to correct, modify, or circumvent the substantial impediment
(limitations or factors imposed by the impairment) which will contribute to the
client's achievement of an employment outcome.
An assessment whether services are required shall be based on the contributions of
these services to the client's ability to achieve an employment outcome.
BASIS FOR DETERMINATION:
In making a determination that VR services are required, the counselor must:
1. Determine what change(s) in the client's functioning is require , and
client's functioning and proposed service(s) - verify that without proposed
service(s), needed change(s) would.not occur, and
employment outcome.
Whether the service rendered or proposed to be rendered is "required" can best be determined by its contribution to the client's achievement of an employment outcome, not by such factors as a fixed number of services, expenditures, counseling hours, contacts with the client, etc., although such factors may serve as good indicators.
(Revised 10/97)
4.06 INELIGIBILITY 4.06-1
A client is ineligible for VR services, if the client does not meet, in the judgment of the counselor, one or more of the eligibility criteria.
BASIS FOR DETERMINATION:
Any of the following reasons may constitute the basis for a determination of
ineligibility:
NOTE: COUNSELOR MUST DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT SUCH INDIVIDUALS ARE INCAPABLE OF BENEFITTING FROM VR SERVICES IN TERMS OF AN EMPLOYMENT OUTCOME.
If, for individuals who are severely disabled, the issue of whether or not the client can benefit is related to the severity of the impairment, the client must be placed into extended evaluation for further assessment to determine eligibility. If there is NO issue concerning severity, and clear and convincing evidence that the client cannot benefit is already on hand then the client may be closed 08 from 02 status.
(Revised 10/97)
4.06-2
GUIDELINES:
1. All determinations of ineligibility must be done in full consultation with the
client or, as appropriate, his/her parent, guardian or other representative, or
by documenting that a reasonable effort has been made to afford him/her an
opportunity for consultation prior to case closure.
2. The counselor must notify the client in writing of the determination that the
client is ineligible and of client's rights to seek remedy including the
procedure for review of the counselor's determination.
3. Referral should be made to other agencies or facilities as appropriate,
including Independent Living, and in all cases the client should be informed
of the availability of resources within the Client Assistance Program.
4. An ineligibility decision must be supported by clear documentation in the
case file.
5. Once a person has been certified as eligible, they may be decertified at any
point in the rehabilitation process, including after an IWRP for services has
been initiated, if the counselor determines that there no longer exists an
expectation that VR services may benefit the person in terms of an
employment outcome. The client may not be decertified for any other
reason.
REASONABLE EFFORT TO CONTACT:
Refer to Section 2.00-3 "Reasonable Effort to Contact"
CLOSURE DUE TO CLIENT UNAVAILABILITY:
A distinction must be made between ineligibility and unavailability. A person is only ineligible if they fail to meet one or more of the eligibility criteria; they are not necessarily ineligible if they are unavailable. A person is unavailable if the person has:
(Revised 10/97)
4.06-3
Clients who are unavailable should be closed as per Section 15.01.
ANNUAL REVIEW OF INELIGIBILITY DECISIONS:
1. When ineligibility is based on "cannot benefit in terms of an employment
outcome", the counselor must review the determination within 12 months of
the date that ineligibility was declared.
2. The purpose of the annual review is to review new information or changes in
circumstances that may affect the determination that the client "cannot
benefit in terms of an employment outcome". Reviews are made on an
individual basis with the client, his/her parent, guardian or other
representative who are offered a clear opportunity for full consultation.
3. Continuation of annual reviews of ineligibility determinations after the initial
annual review will occur only at the request of the client, his/her parent or
other representative. This may occur anytime after the initial review and
conditions applicable to the initial review will apply to additional reviews.
EXCLUSION:
Clients may be excluded from consultation concerning ineligibility, or from an annual review of ineligibility if:
(Revised 10/97)
4.06-4
DOCUMENTATION:
The reason(s) for a determination of ineligibility shall be fully explained on the Statement of Eligibility under the criteria that is not met. Efforts to inform the client must be documented in a contact report.
(Revised 10/97)
5.00 STATUS 06 - EXTENDED EVALUATION 5.00-1
Eligibility for extended evaluation is certified when:
1. There exists the presence of a severe physical or mental impairment;
2. which for the individual results in a substantial impediment to employment;
and
3. the counselor is unable to determine that the client can benefit from VR
services in terms of an employment outcome, but identifiable services
through a period of Extended Evaluation will enable the counselor to make
such a determination.
USE OF STATUS 06:
Extended Evaluation is used only:
1. To determine an individual's eligibility for VR services, with regard to whether the client can benefit in terms of an employment outcome, and
2. to determine the nature and scope of services required to achieve an employment outcome.
ONLY THOSE SERVICES WHICH ARE NECESSARY TO MAKE THESE TWO DETERMINATIONS CAN BE PROVIDED DURING THE EXTENDED EVALUATION PERIOD.
Extended evaluation is goal oriented. The counselor should have specific questions related to the individual's ability to benefit from VR services in terms of an employment outcome, for which the counselor is seeking answers.
The facility or persons providing extended evaluation services should be aware of these questions and what kind of information the counselor needs during the extended evaluation in order to make the eligibility decision. These questions, may be medical, psychological, educational, vocational, social, or personal, but relate to the reason(s) the counselor was unable to make the determination that the individual would benefit in terms of an employment outcome from VR services.
(Revised 10/97)
5.00-2
In keeping with a goal oriented approach to extended evaluation, it is important to consider that extended evaluation is not used to assess whether an individual can benefit from a specific service or services, but rather whether those services will enable the individual to actually become employed. Assessing whether an individual can successfully compete in a school program, for example, is not the end goal of extended evaluation. It may, however, be included as a service in the overall assessment of whether the individual can benefit in terms of an employment outcome.
The counselor may provide extended evaluation services to assess any of the following (partial list), each for the purpose of determining eligibility and the nature and scope of services required to achieve an employment outcome.
ASSESSMENT SERVICE
Physical Capacities Physical Capacities
Evaluation
Potential for improving Physical Therapy;
physical functioning Occupational Therapy;
Medical Treatment
Degree to which an unstable Medical Treatment;
or progressive condition may Hospitalization;
be stabilized Medication;
Medical Exams
Degree to which a psychological Psychotherapy;
disability may be improved by Counseling;
treatment Community Mental
Health Services
Ability to benefit from Short Term Vocational
training Training; OJT; Work Adjustment
Training
Potential for improving serious Work Adjustment Training;
behavioral problems affecting Personal or Social Adjustment;
employment Psychotherapy;
Counseling; Community Mental
Health Day Treatment Programs
(Revised 10/97)
5.00-3
Motivation and client Counseling Consisting
follow-through of Structured Client Assignments;
Work Adjustment Training
Ability to live independently Independent living skills training
(achieve daily living), Rehabilitation
Engineering services
MOVING INTO STATUS 06:
STEP: ACTION:
1. Discuss with the client the reasons for extended evaluation and complete the statement of eligibility for extended evaluation, which moves the case to status 06.
2. Jointly develop an IWRP with the client and submit for supervisory
approval.
3. After approval, obtain client's signature on IWRP and initiate the
provision of services.
4. Assess client's progress under the IWRP and amend as appropriate.
NOTE: When possible, it is preferable for the certificate of eligibility and
IWRP to be developed concurrently. However, when this is not
feasible, complete the IWRP as soon as possible.
ADVANCING FROM STATUS 06:
TO STATUS: WHEN:
08 Assessments indicate, by clear and convincing evidence, that
the client is unable to benefit from VR services in terms of an
employment outcome, and is, therefore, ineligible (Section
4.06).
08 An eligibility decision cannot be made because the client is
unavailable (Section 4.06).
(Revised 10/97)
5.00-4
10 Assessments indicate that the client can benefit from VR
services in terms of an employment outcome and the client is,
therefore, eligible (Section 4.04). Complete new Statement of
Eligibility and begin the IWRP planning process.
12,14,16 or 18 Client is declared eligible and sufficient diagnostics and planning
have been done to develop an IWRP for regular
services immediately following the eligibility determination.
Complete new Statement of Eligibility.
GUIDELINES:
1. The need for extended evaluation services is indicated on the Statement of Eligibility and the extended evaluation period begins on the date of certification.
2. An extended evaluation for an individual may be provided for a period not to
exceed 18 months. Only one 18 month period of extended evaluation for an
individual is allowed while the case is open. If an individual's case has been
closed and re-opened, another extended evaluation may be provided if
warranted.
3. Any VR services, including support services, necessary to determine the
client's ability to benefit from VR services in terms of an employment
outcome may be provided. Services are provided through an IWRP and
must follow the requirements in Section 7.00.
4. Services must be provided in the most integrated setting possible, consistent
with the informed choice of the individual.
5. The counselor must receive a progress report at least once a month from
facilities, therapists and other providers of services, as appropriate. These
reports are used in the assessment of the client's progress, as described
below.
6. Extended evaluation reviews must be made by the counselor at least every
ninety days utilizing reports from facilities or persons providing the services,
as well as counseling sessions, observation and knowledge of the client's
progress. Assessments are used to monitor and evaluate whether the client
can benefit from VR services in terms of an employment outcome.
(Revised 10/97)
5.00-5
7. Any comparable services and benefits available to the individual during the
period of extended evaluation must be given full consideration. The
availability of comparable services and benefits is not a factor in determining
eligibility or the use of extended evaluation; it is only considered in the
determination of the extent of DVR payment for services.
8. The economic need requirements do not apply to extended evaluation.
DOCUMENTATION IN STATUS 06:
1. Statement of Eligibility for Extended Evaluation services.
2. An IWRP for Extended Evaluation (Section 7.00).
3. An IWRP periodic review will be completed at least every 90 days,
assessing the client's progress in extended evaluation and documented on the
IWRP.
4. An amendment to the IWRP for extended evaluation must be completed if
the periodic assessment indicates a need for a change in the program.
ELIGIBLE FOR VR SERVICES FROM 06:
1. If the client is declared "eligible" for VR services, after the provision of extended evaluation services, a new Statement of Eligibility shall be completed.
INELIGIBLE FOR VR SERVICES FROM 06:
1. If the client is declared ineligible for VR services, after the provision of
extended evaluation services, because it is determined that VR services will
not benefit the client in terms of an employment outcome, the counselor
shall:
(Revised 10/97)
5.00-6
NOTE: This review does not need to 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.
2. If the client is unavailable for discussion of the ineligibility decision, a
contact report should document the reasonable effort to involve the client.
The case should be closed for reasons of unavailability.
(Revised 10/97)
6.00 STATUS 10 AND 12 - COMPREHENSIVE ASSESSMENT 6.00-1
BASIC REQUIREMENTS - STATUS 10
DEFINITION:
Once an individual is certified eligible (and to the extent additional data is necessary), a comprehensive assessment of the unique strengths, resources, priorities, interests and needs, including the need for Supported Employment, is used to determine the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the I.W.R.P.
The assessment must be limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the rehabilitation program.
The primary source of assessment information, to the maximum extent possible and appropriate, in accordance with confidentiality requirements, should be the use of existing information. Such information can be provided by the individual and, where appropriate, by the family of the individual. This information may include:
a. to the degree needed, an assessment of the personality, interest, interpersonal
skill, intelligence and related functional capacities, educational achievements,
work experience, vocational aptitudes, personal and social adjustments,
employment opportunities, medical, psychiatric, psychological, and other
pertinent vocational, educational, cultural, social, recreational, and
environmental factors that affect the employment and rehabilitation needs of
the individual; and
b. may also include an appraisal of the patterns of work behavior and services
needed for the individual to acquire occupational skills, and to develop work
attitudes, work habits, work tolerance, social and behavioral patterns
necessary for successful job performance, including the utilization of work in
real job situations to assist and develop the capacities of the individual to
perform adequately in a work environment; and
(Revised 4/96)
6.00-2
C. where appropriate, the provision of rehabilitation technology, personal assistance and/or independent living services.
Status 10 is used to develop and write the Individualized Written Rehabilitation Program (IWRP) (Section 7.00).
MOVING INTO STATUS 10:
STEP: ACTION:
1. Establish and complete Statement of Eligibility.
2. Move into Status 10.
3. Obtain additional information or diagnostics needed to develop IWRP.
4. Jointly develop the IWRP with the client (Section 7.00).
5. Obtain supervisory approval for the IWRP (Section 7.01).
6. Move out of Status 10.
FACTORS TO CONSIDER:
In order to jointly develop an appropriate IWRP the counselor, with full participation of the client, must consider;
Below is a list of some of the questions typically explored in Status 10 in order to develop the IWRP. Refer to your Disability Handbook and Critical Case Ouestions training materials for a more extensive presentation.
(Revised 4/96)
6.00-3
INFORMATION QUESTIONS SOURCES |
| Vocational What is the best counselor, client, |
| vocational goal? vocational evaluation, |
| former employers, |
| What kind of training Department of Labor, |
| is required? employment reference |
| materials (DOT, etc.) |
| Does the client have job |
| skills from a previous |
| job that were not fully |
| explored in Status 02? |
| Does the client have job |
| seeking skills? |
| What is the current job market? |
| How much and what |
| kind of vocational |
| counseling is needed? |
| Educational Are the client's school records |
| academic achievement vocational evaluation, |
| levels sufficient for a PDQ, other counselor |
| particular job or a s s e s s m e n t s , |
| training program?p sychometric testing, |
| training, facilities, |
| What is the length, Department of Labor, |
| cost, placement rate vocational reference |
| and pre-requirements materials |
| Of any training being |
| considered? |
| Can services be |
| provided locally? Out |
| Of town? Out of state? |
(Revised 4/96)
6.004
Medical What specific treatment medical reports
is recommended?
What is the best source?
Is medical consultant
approval needed?
Psychological What is client's counselor - client
psychological interaction,
adjustment or reaction psychological
to the disability? evaluation, vocational
evaluation
Is counseling or
psychotherapy needed
to assist in adjustment
or for psychological
problems?
Personal-Social Does the client have client, family member
emotional or financial
support from the
family?
Is work adjustment vocational evaluation,
needed prior to job counselor assessment
placement or skill
training?
Are reader, interpreter,
attendant, maintenance,
transportation, or other
special services
necessary?
Recreation and other What are client's client, family member,
Factors leisure activities and do counselor
such have vocational
implications?
(Revised 4/96)
6.00-5
GUIDELINES
1. Frequent client contact, in the context of a counseling relationship, should be
maintained for the purpose of mutually developing an I.W.R.P. that can
reasonably be expected to lead to an employment outcome.
2. Identify and explore Critical Case Questions with the client and decide what
assessment activities (as mentioned in the definition) need to occur in order to
answer such questions.
3. The client should be expected to actively participate by: asking questions,
answering questions, obtaining information, keeping appointments with the
counselor and other vendors, completing homework assigmments and keeping
the counselor informed of any changes in his/her situation.
4. Counselor administered assessment instruments and data collection guides
should be utilized as appropriate, such as: Preliminary Diagnostic
Questionnaire (PDQ), General Aptitude Test Battery (GATB), Functional
Assessment Inventory (FAI), Vocational Diagnosis and Assessment of Residual
Employability (VDARE), etc.
5. The primary purpose of data collection and assessment is to assist the client
in making Informed Choices pertaining to an appropriate vocational goal and
required services which will lead to an employment outcome. It is the
counselor's responsibility to assure that the client's decision making is based
on relevant rehabilitation issues and the presentation of relevant information
in the context of a counseling relationship.
6. As the vocational diagnostician, the counselor has the primary responsibility
for guiding the process of determining the nature and scope of Intermediate
Objectives (Section 7.02) necessary to overcome the barriers to the client
achieving an employment outcome.
7. The very nature of the work done in Status 10 requires a significant amount
of time delivering personal and vocational counseling services. When the
counselor becomes aware that an employment outcome is likely, but that the
complexity of the personal and vocational counseling issues will require a
significant amount of time to work through before a specific vocational goal
can be specified, a Guidance and Counseling plan (Status 14) should be
considered.
(Revised 4/96)
6.00-6
8. When the counselor and client cannot reach agreement on an appropriate
vocational goal, objectives or scope of services, and the counselor believes that
modification or elimination of such would jeopardize the achievement of an
employment outcome, closure to Status 30 would be appropriate after
attempting to negotiate with the client and consulting with the supervisor
and/or peers.
CAUTION: The client should be advised that development of the IWRP is not a promise to provide the services: only after the IWRP is approved can the client expect services to be rendered,
NATURE AND SCOPE OF SERVICES:
After the vocational goal, intermediate objectives and required services have been determined, the counselor and client must decide where the services will be rendered and by whom. In all cases, comparable services and benefits must be, utilized (for exceptions see Section 8.02).
Section 11.02 for guidelines governing the provision of out-of-state
training.
meet MAPS guidelines or agency policy governing reasonable costs.
if the client is willing to pay the additional costs incurred.
(Revised 4/96)
6.00-7
ADVANCING FROM STATUS 10:
MOVE TO STATUS: WHEN:
12 IWRP is finalized and supervisory approval has been obtained, but
services have not been initiated.
14,16,18 IWRP is finalized and services are being initiated.
30 An IWRP cannot be developed or implemented and case must be closed
(Section 15.04).
DOCUMENTATION IN STATUS 10:
Contact reports indicating client's involvement in development of the IWRP. Contact reports indicating diagnostics in progress or other action being taken to develop an IWRP.
STATUS 12:
This status is used when the IWRP has been written and supervisory approval has been obtained, but services have not been initiated.
MOVING INTO STATUS 12:
STEP: ACTION:
1. Make determination that services in IWRP (including guidance and counseling) cannot be initiated at this time.
2. Move into status 12.
3. Maintain contact with client to assure that client is available for IWRP implementation.
4. Move out of Status 12.
(Revised 4/96)
7.00 INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM
7.01 BASIC REQUIREMENTS 7.01-1
PURPOSE:
The Individualized Written Rehabilitation Program is the basis for the provision of all services to an individual, except for assessments needed to determine eligibility or the need for further services.
STEP: ACTION:
1. Review the Statement of Eligibility and diagnostics done in Statuses 02, 06 and 10.
2. Review and update the Financial Summary.
3. Jointly develop with the client each section of the IWRP as per Section 7.02.
(Revised 10/97)
7.01-2
GUIDELINES:
1. The client shall fully participate in developing the IWRP, and the IWRP
must place primary emphasis on attaining a suitable vocational goal.
2. At time of IWRP development, the client shall be advised of the supervisory
approval procedure, limitations on services, review procedures, client rights,
and conditions for case closure.
3. Services provided to individuals who are also eligible for services under the
Individuals with Disabilities Education Act and/or the Developmental
Disabilities Act shall be coordinated. As appropriate, a statement shall be
made in the vocational goal section of the IWRP which describes how it is
being coordinated with services planned under an existing IEP or IHP.
4. For students receiving Special Education services in a public school, an
IWRP must be completed before the student leaves the school setting, if
eligibility is determined before the student exits the school program.
The IWRP must, at a minimum, identify the long-term rehabilitation goals, intermediate rehabilitation objectives, and goals and objectives related to enabling the student to live independently, to the extent these goals and objectives are included in the student's individualized education program (IEP).
5. Services provided to individuals who are also eligible under the Carl D.
Perkins Vocational and Applied Technology Education Act, or the Javits-
Wagner-O'Day Act shall be coordinated.
6. When an IWRP being developed includes services which are unusual,
unique, extraordinarily lengthy or costly, or may be otherwise questionable,
the counselor shall staff the case with the supervisor prior to finalizing the
IWRP. Supervisory input during the development may prevent later
disapproval of the IWRP.
7. If the IWRP is not approved, the supervisor shall consult with the counselor
and clearly outline the changes necessary to obtain approval.
8. At the time the client, or if appropriate, a parent, family member, guardian,
advocate, or an authorized representative of the client, signs the original
IWRP, a copy shall be provided to him/her. Copies of all amendments must
also be given or sent to the client.
(Revised 10/97)
7.01-3
9. Though each IWRP is to be revised as needed it must be reviewed annually,
at which time the client (or, in appropriate cases, the parent or guardian) will
be afforded an opportunity to review the program and jointly amend as
needed. (Section 7.03)
10. Once a plan of services is agreed upon, the client shall be explicitly informed that only those services authorized, in the amounts authorized, will be provided. If the client knowingly accepts additional, unauthorized services from a vendor, DVR will not be responsible for payment.
(Revised 10/97)
7.02 CONTENTS OF THE IWRP 7.02-1
VOCATIONAL GOAL:
The IWRP states:
1. The long range vocational goal.
2. Why it is appropriate for the client.
3. The expected date of attainment.
The goal may be in any of the categories listed under the definition of "employment" (Section 4.00). It can be stated as a specific job, or as a job family or grouping.
NOTE: In extended evaluation, the goal will be to determine if the client can benefit from VR services in terms of an employment outcome (Section 5.00).
AN APPROPRIATE VOCATIONAL CONSIDERING:
GOAL IS:
Consistent with the client's capacities -The client's strengths and limitations.
and abilities. -Physical and mental demands of the
particular job.
-The actual work environment.
-Transferable skills.
Feasible -Attendant factors, such as
transportation.
-Availability of necessary services
such as specialized training.
-Client motivation.
Expected to be available in a -Current labor market.
community in which the client can -Labor market trends and
work. projected changes.
-Client's ability to relocate.
(Revised 10/97)
7.02-2
CLIENT STRENGTHS AND LIMITATIONS:
In arriving at an appropriate vocational goal, the following client factors should be considered.
-Transferable skills -Physical and mental
-Knowledge limitations
-Education, academic -Physical and mental health
achievement -Work behaviors
-Talents -Personality
-Interests and hobbies -Aptitudes
-Cultural and family support -Self image and ambition
-Financial situation -Intelligence
-Attitudes -Motivation to work
-Independence -Other factors affecting employment
GUIDELINES:
1. The counselor must play an active role in guiding the choice of the
vocational goal, giving full consideration to the client's interests and
abilities.
2. Normally, the goal should be neither significantly above nor below the
client's aptitudes and abilities. It is DVR's mission to help the client obtain
employment at a level in a career which is not significantly below his/her
potential, and then to let the client advance within that career on his/her
own. Exceptions may be made to this if a severely disabled client requires a
higher level of earnings in order to support expenses associated with the
disability.
3. Retraining as a consideration should not be automatic. Primary
consideration should be given to utilization of skills the client already
possesses, so that with the provision of counseling, selective placement,
and/or restoration, the client can return to employment.
4. If the client does not possess marketable job skills, and training is required,
the counselor should consider the time involved and the probability of
success of the various alternatives. Short term training programs should be
explored before considering a college or long-term training program.
(Revised 10/97)
7.02-3
NOTE: As appropriate, client recruitment and training services should be provided in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate public service employment in order to provide new employment opportunities in these fields.
5. If the client chooses a vocational goal which is medically contraindicated, the
counselor shall:
Intermediate objectives (I.O.'s) state the nature and degree of change required from the client's present state or condition in order to overcome the functional limitations and to achieve the vocational goal.
I.O.'s indicate the expected outcome or purpose of each service to be provided.
WRITING INTERMEDIATE OBJECTIVES:
STEP: ACTION:
1. Determine the vocational goal.
2. Identify the barriers to achieving the goal that must be overcome or
accommodated, based on the eligibility statement and job
requirements.
3. Specify the necessary outcomes needed to achieve the vocational goal.
(Revised 10/97)
7.02-4
REQUIREMENTS:
Intermediate objectives should be:
An intermediate objective is one that clearly states a measurable behavior:
Necessary and sufficient means:
Time referenced means that counselor and client agree on a tentative date for meeting each intermediate objective.
(Revised 10/97)
7.02-5
PROGRESS EVALUATION:
Evaluation criteria must be established as the means of assessing progress towards the long range goal.
REQUIREMENTS:
For each intermediate objective:
1. State the criteria by which you will evaluate progress or change, i.e.,
completion of courses, progressive increase in time on task, etc. If the
criteria is self-explanatory from the intermediate objective, it may be so
stated.
2. Name the person or agency most likely to be able to evaluate the progress,
for example, a doctor, rehabilitation facility, counselor, etc.
3. Indicate the method and review schedule by which the counselor will know
whether the criteria is met, i.e., monthly medical reports, progress reports
from a facility or therapist, semester grade reports, observation, etc.
EXTENDED EVALUATION:
The intermediate objectives on an IWRP for extended evaluation should relate to the purpose of determining if the client can benefit from VR services in terms of an employment outcome.
The questions related to why the counselor is unable to determine if the client can benefit from VR services in terms of an employment outcome should be addressed in the intermediate objectives. Generally, they should be stated in such a manner that if the client meets the intermediate objectives, he/she will be declared eligible for VR services.
(Revised 10/97)
7.02-6
SERVICES:
Services are the means of achieving the expected outcomes of the intermediate objectives.
VR services which can be provided under an IWRP for regular or extended evaluation services are:
0 Diagnostic services
0 All services listed in Sections 9.00 - 16.00.
0 Counseling and Guidance
REQUIREMENTS:
1. State brief description of service to be provided to meet the intermediate
objective(s).
2. A service may address more than one objective; an objective may require
more than one service.
3. The vendor should be listed on the cost sheet, but may be included here if
desired.
4. The type of comparable services and benefits being utilized to fully or
partially cover the cost of a service should be identified or indicate
"NONE".
5. Indicate the month and year the services will start and end.
6. When comparable services and benefits are not being utilized, explain in a
contact report.
REHABILITATION TECHNOLOGY:
Provide rationale for service. A rehabilitation engineer should be consulted as needed for assistance in providing rehabilitation engineering services evaluation, on-site equipment modification, adjustment and fabrication. Rehabilitation technology services may be provided as a part of the IWRP and should relate to achievement of the vocational goal.
(Revised 10/97)
7.02-7
TERMS, CONDITIONS, RESPONSIBILITIES AND FINANCIAL
PARTICIPATION:
This section should clearly show the client's responsibilities in carrying out the IWRP, any terms or conditions affecting the provision of services, and client's participation in the costs.
As appropriate, indicate the client's responsibility for:
CLIENT VIEWS:
Document the client views regarding the IWRP and participation in its development. Client views may be hand written by the client or typed, by the secretary.
POST EMPLOYMENT:
Describe any plans for the provision of post-employment services. The same criteria apply as for the provision of other services. (Section 16.00)
REVIEWS:
GUIDELINES:
I Periodic or annual reviews shall be significant or comprehensive reviews of the program, as opposed to the more frequent, informal reviews.
(Revised 10/97)
7.02-8
2. At the time of review the client's financial situation should be reviewed.
Substantial changes should be recorded on the financial summary.
3. The results of periodic or annual reviews shall be summarized, in terms of
the criteria listed on the IWRP, on the Record of Review Form which shall
become a part of the IWRP. This summary need not go into detailed
explanation found elsewhere in the case record.
4. When the IWRP is developed and after completing a periodic or annual
review, the anticipated date of the next review shall be recorded on the
Record of Review Form.
5. The actual date that progress is reviewed with the client, unless the
circumstances preclude client involvement, shall be recorded on the Record
of Review Form.
PERIODIC REVIEWS:
The counselor will determine the frequency of periodic reviews.
ANNUAL REVIEWS:
All sections of the IWRP must be reviewed at least annually with the full participation of the client, or for extended evaluation, every ninety days.
The first review must be done within one year of the date of the original IWRP.
All subsequent annual reviews shall be done within one year of the previous annual review.
In order for a review to constitute an annual review, the following items must be documented on the Record of Review Form:
1. Have the "Annual Review" checked on the Record of Review Form.
2. Contain a statement indicating that all sections have been reviewed.
3. Summarize client's progress to date.
4. Involve the client in the review and so indicate by a statement to that effect
or obtain client's initial on the Record of Review Form.
(Revised 10/97)
7.02-9
PROGRESS:
For each review, there are three possible outcomes:
1. No changes are needed in the IWRP, the client is making satisfactory
progress in a timely manner.
2. Changes are needed due to a change in the disability, loss of comparable
services and benefits, lack of progress, etc., which may require an
amendment to the IWRP (See Section 7.03).
NOTE: When it is determined that planned services are no longer necessary, this shall be documented during the review and it is not necessary to complete an amendment for this purpose.
3. Case closure is indicated (See Sections 7.03 and 15.00).
(Revised 10/97)
7.03-1
7.03 AMENDMENTS TO THE IWRP
DEFINITION:
An attachment(s) to the original IWRP as a result of changes in the program that reflects the current status of the client's rehabilitation program plan.
REQUIREMENTS:
Implementation of an amendment requires:
1. Supervisory approval as stated in Section 7.01.
2. That the client/legal representative (if appropriate) sign the amendment.
3. That a copy be given or sent to the client.
AMENDING AN ON-GOING IWRP:
An amendment is written when circumstances indicate the need for a change in:
A change in costs for services previously approved under an IWRP does not require an amendment. In cases where the costs of approved services change (i.e., tuition, books, etc.) the cost sheet shall be adjusted as necessary. Any change in the quantity of services (e.g. number of therapy sessions, maintenance, transportation, etc.) requires an IWRP amendment. When it is determined that a planned service is unnecessary an amendment is not required, however, this change should be documented on the IWRP record of reviews form and initialed by the client.
GUIDELINES:
1. Include the number of the program amendment.
2. Note the changes, additions or deletions that are being made in the appropriate section.
(Revised 10/97)
7.03-2
3. The requirements remain the same as the original IWRP, i.e., intermediate
objectives require the consideration of comparable services and benefits.
4. Amendments to the IWRP cannot take effect until agreed to and signed by
the client, or, if appropriate, by a parent, family member, guardian,
advocate, or an authorized representative of the client.
5. Amendments to the IWRP are those which change the goal and/or substantially alter the objectives, services, and responsibilities required to achieve the existing
goal.
significant amendments, make arrangements to FAX the amendment for
signature and have it immediately returned by FAX. Document the client's
involvement in the case record and mail a copy of the amendment to the
client.
CLOSURE AMENDMENTS:
Use the closure amendment for all closures requiring an amendment. Closure status may be 08 (from Status 06), 26 or 28.
STATUS 08 OR 28:
A closure amendment is needed only if:
(Revised 10/97)
7.03-3
REQUIREMENT FOR STATUS 08 OR 28 AMENDMENTS:
STEP: ACTION:
1. Review the IWRP and discuss with the client why he/she is ineligible.
2. Complete the Statement of Eligibility. Date and sign the statement.
3. Complete all appropriate sections of the IWRP closure amendment.
Restate the reason for ineligibility from the Statement of Eligibility.
Describe the client's involvement in the decision, or the reason for not
involving the client (Section 4.06).
4. Date and sign the mnendment, obtain supervisory approval.
5. Secure client's or legal representative's (if appropriate) signature as
per instructions in Section 7.01-2. If the client fails to cooperate in
obtaining his/her signature and there is no request for appeal, the
closure may be effected ten (10) calendar days from documented
attempt to obtain signature. This should be documented in a contact
report.
6. Send copy of amendment to the client.
7. Complete closure through DVRNET.
REQUIREMENTS FOR STATUS 26 CLOSURE AMENDMENT:
STEP: ACTION:
1. Verify that the client meets the criteria for Status 26 closure (Section 15.03).
2. Discuss the closure with the client as appropriate, including the need
for post-employment services.
3. Complete appropriate sections of the IWRP closure amendment.
4. Date and sign amendment, obtain supervisory approval.
(Revised 10/97)
7.03-4
5. Secure client's or legal representative's (if appropriate) signature as
per instructions in Section 7.01-2. If the amendment must be mailed
to the client for signature, make a contact report and file a copy of the
transmittal letter. Since employment verification will have already
been made, it will be assumed that the client/representative continues
to agree, and closure can be effected ten (10) calendar days later if the
client has not returned the signed amendment. A contact report must
reflect this occurrence.
6. Give or send copy of the amendment (if client returned signed copy)
to the client.
7. Complete closure through DVRNET.
STATUS 26:
The following information needs to be included in all cases:
adjustment
POST EMPLOYMENT:
Describe any plans for the provision of post-employment services. The same criteria apply as for the provision of other services. (Section 16.00).
(Revised 10/97)
8.00 PURCHASE OF GOODS AND SERVICES 8.00
8.01 ECONOMIC NEEDS REQUIREMENTS. 8.01-1
PHILOSOPHY:
The philosophy of this Agency is to provide rehabilitation services to eligible clients in the most expeditious and humanistic manner possible. The Economic Needs Test is not intended to be used as a means to screen out or deny services to clients. It is intended as a vehicle for maximizing the responsibility of all concerned parties responsible for meeting the cost of rehabilitation.
The procedure regarding client and family participation must be applied with this spirit in mind and must entail firm but tactful negotiation aimed at obtaining their cooperation with this aspect of the client's program.
DEFINITION:
The New Mexico DVR applies an Economic Needs Test prior to the provision of some services. The Economic Needs Test is also used to determine the extent of the client's ability to participate in paying for the costs of those rehabilitation services that are affected by this policy.
PURPOSE:
The Economic Needs Test is used solely for the purpose of determining if, or to what extent, the client shall participate in the cost of his/her rehabilitation, after determination of eligibility. Economic need has no bearing on the client's eligibility for VR services.
(Revised 4/96)
8.01-2
STEP: ACTION:
1. Explain this policy to the new referral during the initial interview.
2. Complete the Financial Summary during Status 02.
3. At the time the IWRP is written, review and update the Financial
Summary.
4. Review the Financial Summary and determine what excess income and
liquid assets appear to be available for meeting rehabilitation costs.
5. Review and determine what comparable benefits are available to the
client (Section 8.02).
6. Negotiate with client and/or client's family as to the degree of their
financial participation in the IWRP.
7. Apply the amount of family participation to the IWRP (Section 7.00).
8. If maintenance or transportation is to be provided, amounts should be
within the guidelines of Sections 12.01 and 12.02.
9. When periodic reviews of the IWRP are conducted, review the
Financial Summary and update if needed.
10. Amend the "Cost Sheet" as needed to indicate changes in payment
source.
SCOPE:
All services except those listed below are subject to the Economic Needs Test.
(Revised 4/96)
8.01-3
EXCLUSIONS:
The financial needs test does not apply as a condition for furnishing the following Vocational Rehabilitation Services:
1. Evaluation of rehabilitation potential and diagnostic services.
Note: The financial needs test may apply to services other than diagnostics under extended evaluation.
2. Counseling, guidance and referral services.
3. Placement services.
4. Interpreter services for counseling and guidance.
5. Rehabilitation Engineering Services.
DEFINITION OF INCOME:
The following sources are to be used for determining monthly client income and documented on the Financial Summary.
1. Wages - Net Income from employment of all family members (as defined in
Section 12.03).
2. Family Contribution - Contributions from family or individuals in cash
or in kind on a regular predictable basis.
3. Public Assistance - General Assistance, AFDC
4. Social Security Disability Insurance (SSDI)
5. Supplemental Security Income (SSI)
6. Veterans Benefits
7. Worker's Compensation
(Revised 4/96)
8.01-4
8. Other:
a. income from roomers, boarders, and rental property;
b. student financial aid, including grants, scholarships, fellowships,
etc;
C. assistance from private welfare agencies, service clubs, or church
groups;
d. income from stocks, dividends, bonds, interest;
e. insurance, retirement benefits, pensions, social security;
f. food stamps;
g. liquid assets in the form of cash and savings accounts.
MONTHLY EXPENSES:
Monthly expenses documented on the Financial Summary should reflect standard living expenses and subsistence costs. Payment for luxury items and/or client indebtedness, not related to subsistence, should be listed on the Financial Summary but should not be used to calculate excess income.
Typical monthly expenses are:
1. Rent - monthly housing expenses.
2. Utilities - inclusive of electricity, natural gas (or other heating fuel),
water, city garbage and sewage (if applicable), and telephone equipment
rental and line changes as necessary.
3. Food - monthly grocery expenses.
4. Room and Board - actual dormitory and cafeteria expenses in programs
where these services are available.
(Revised 4/96)
8.01-5
5. Transportation - actual transportation costs inclusive of car payments,
maintenance, gas, and insurance.
6. Medical - includes payment for medical treatment and on-going
monthly medical expenses inclusive of prescriptions, medical treatment,
office visits, physical/occupational therapy, health insurance, etc.
7. Disability Related - for such things as interpreter services, attendant
care, etc.
8. Misc. Personal - inclusive of monthly expenses for sundries,
laundromat, etc.
9. Other - other expenses must be specified in the space provided on the
financial statement and may include clothing expenses, child care,
educational expenses, child support, alimony, etc.
APPLICATION OF CRITERIA:
1. The excess income is that monthly net family income that remains after
subtracting the allowable expenses from current family income.
2. Clients who have excess income are required to participate in the cost of
vocational rehabilitation services to the extent negotiated.
3. "Participation in the costs" means any contribution toward the cost of planned
services, except exclusions listed on page 8.01.
4. Client loans to help cover the cost of planned services may be considered and
encouraged on an individual basis.
MINORS:
In situations where it is determined that the client is a dependent of his parents
or guardian, his/her family is required to participate in the IWRP costs to the extent
negotiated with the client's family.
(Revised 4/96)
8.01-6
DOCUMENTATION:
Documentation for determining econonic need must be explained in the contact report and based on the Financial Summary (Section 12.01).
FRAUD:
Counselors who question client's income or expenses based upon information in the case record, counselor observation, or information provided by other sources are obligated to discuss the situation with the client. Any such discussion should be documented in a contact report. The counselor may request copies of income tax statements, social security notices, etc., in order to verify the financial status . If the counselor is unable to verify the reported income or assets, or needs additional help, the matter should be referred to the Area Supervisor for further action.
(Revised 4/96)
8.02 COMPARABLE SERVICES AND BENEFITS 8.02-1
DEFINITION:
Comparable services and benefits are any appropriate service or financial assistance available to DVR clients from a program other than Vocational Rehabilitation which can meet, in whole or in part, the cost of services which are to be provided in the Individualized Written Rehabilitation Program (IWRP).
PURPOSE:
To ensure that agency counselors make maximum use of the other resources available to their clients before DVR funds are committed toward purchasing goods and services.
CONSIDERATION OF COMPARABLE SERVICES AND BENEFITS:
The availability of comparable services and benefits must be considered prior to the provision of any vocational rehabilitation service. Comparable services and benefits shall be utilized as appropriate when providing any services to an individual or to members of that individual's family, except in those instances listed below:
EXCEPTIONS:
0 The determination of the availability of comparable services and benefits
under any other program would delay the provision of vocational
rehabilitation services to any individual with handicaps who is at extreme
medical risk. A determination of extreme medical risk shall be based upon
medical evidence provided by an appropriate licensed medical professional.
0 The comparable services and benefits are inadequate, or interfere with
achieving the rehabilitation objective.
Utilization of comparable services and benefits is not required but should be considered when appropriate for:
0 Evaluations of rehabilitation potential.
0 Purchase of rehabilitation engineering services.
0 Purchase of vocational and other training services, including personal
and vocational adjustment training, books, tools, and other training
materials, that are not provided in institutions of higher education.
0 Counseling, guidance, referral and placement services.
(Revised 4/96)
GUIDELINES: 8.02-2
1. Clients must be made aware of their potential eligibility for comparable services and benefits
and given assistance including timely referral, in obtaining such benefits.
2. Decisions to forego the use of comparable services and benefits for reasons
cited under "EXCEPTIONS" above should be explained in Section III of the
IWRP.
DOCUMENTATION:
The IWRP, Section III is used to document:
0 Comparable services and benefits being utilized for each service.
0 An explanation of the non-use of comparable services and benefits for reasons cited under "SCOPE" on page 8.01-2.
The Cost Sheet form will document utilization of comparable services and benefits.
Other activities related to comparable services and benefits should be recorded in contact reports.
PROGRAM WHERE TO ELIGIBILITY SERVICE
APPLY
County Hospital County Indigent County resident; Hospitalization
Indigent Board hospitalized; low partial or full
middle income payment
Children's Children' s Under age 21; Medical services;
Medical Services Medical Services orthopedic/other hospitalization;
disability; low surgery;
income prosthetics
Early Prevention Local HSD Medicaid eligible; Medical exams
Screening (EPSDT) (Welfare) Office under 21 years old and treatment
(Revised 4/96)
8.02-3
PROGRAM WHERE TO ELIGIBILITY SERVICE
APPLY
Private Insurance Local Insurance Paid Insurance Medical Services
Agent Policy
Title XIX HSD Office SSI Recipient; All medical
Medicaid AFDC Recipient services; some
dental;
psychological
services; speech;
P.T.; O.T.;
adaptive devices;
medical equipment
Title XVIII Social Security Social Security Hospital, clinic
Medicare Office Disability Ins. and physician
recipient for two services; some
years or more, dental; renal
or Social dialysis and kidney
Security transplant
retirement
recipient
Worker's Client's Employees All medical exams,
Compensation Employer/Former injured on the treatment; P.T.;
Medical Employer job req. medical O.T.; prosthetics;
eval. or etc., related to
treatment injury
Worker's Client's Employees Weekly payment
Compensation for Employer/Former injured on the or lump sum
Wage Loss Employer job who suffer settlement based
loss of wages on degree of
due to the injury handicap and
previous earnings;
rehabilitation
services
(Revised 4/96)
8.02-4
PROGRAM WHERE TO ELIGIBILITY SERVICE
APPLY
Social Security Social Security Covered by Social Monthly payment
Disabitity Office Security as a based on number
Insurance (SSDI) result of previous of covered
work; unable to quarters and
do any work in average earnings;
the foreseeable medicare after 24
future due to months of
disability payments
Supplemental Social Security Indigent; unable Monthly
Income (SSI) Office to do any kind of payments;
work in the medicaid
future due to
disability
Aid to Families HSD Office Indigent; single Monthly
with Dependent parent family payments;
Children (AFDC) with no child medicaid
support or some
two parent
families if one or
both is disabled
General HSD Office Disabled; no Small monthly
Assistance (GA) income payments
Student Financial Student Financial Attendance at Loans, grants,
Aid Aid Office on accredited college workstudy funds,
Campus or vocational scholarships, etc.
school; low- for support of
middle income training
(Revised 4/96)
8.02-5
PROGRAM WHERE TO ELIGIBILITY SERVICE
APPLY
Veterans Veterans Disabled Veteran Varies depending
Administration Administration on whether
disability is
service
connected; may
include GI bill
for training
Community Community County resident; Mental health
Mental Health Mental Health mental health treatment
Program treatment needs
Social Services Local Social Generally In-home care;
Title XX Services Office of indigent and in child and adult
HSD need of the protection
services services; other
Drug or Alcohol Community Drug Need for service In-patient and
Treatment or Alcohol out-patient
Treatment Center treatment
Developmental Community Need for service Varies, usually
Disability Facility includes
Services evaluation and
training as a
minimum
Job Training Contact local Almost all eligible Job training
Partnership Act Employment DVR Clients are funds; sometimes
(JTPA) Comm. for local also eligible for job club
contact agency JTPA classroom
training and other services
Food Stamps HSD Office Indigent Food Coupons
(Revised 4/96)
8.03 PAYMENT FOR SERVICES 8.03-1
BASIC REQUIREMENTS:
DEFINITIONS:
Authorization: A request to a vendor to provide service(s) to a client under certain terms and conditions, and an obligation to pay for the service(s) if the tennis and conditions are met.
Invoice: A request from a vendor for payment stating the goods or services provided, date of provision, and charges.
Voucher: A request from DVR to the N.M. Department of Finance and Administration to pay for services or goods. The counselor shall certify that goods and services have been delivered, the invoice is accurate and payment is due to the payee
Warrant: A check issued to the vendor by the Department of Finance and Administration on the basis of an approved voucher.
PAYMENT FOR SERVICES:
STEP: ACTION:
1. Determine the need for the service.
2. Complete any necessary documentation i.e., IWRP
3. Consider economic need and comparable benefits.
4. For medical, psychological, or medically related services, including
diagnostics, review the maximum affordable payment schedule to
ensure compliance.
5. For all other purchases, follow procedures outlined in the Purchasing
Section of the Fiscal Manual.
6. Send a signed authorization to the vendor prior to initiation of the
service.
(Revised 4/96)
8.03-2
7. If the service is later found not to be needed, cancel the authorization.
8. If the service is provided and an invoice is received, verify that
necessary reports have been received.
9. Counselor certifies the invoice.
10. Secretary prepares a voucher.
11. Supervisor signs the voucher.
12. Warrant is issued two to three weeks after submittal of voucher to
Santa Fe.
GUIDELINES:
1. For detailed instructions on any aspect of payment for goods/services by DVR,
consult the Fiscal Manual.
2. The vendor's invoice must not exceed the amount authorized. Contact the
vendor immediately if this occurs to inform the vendor of DVR policies and
procedures in this regard.
3. If the IWRP includes training over a long period of time, authorize one
semester at a time, pending receipt of Student Financial Aid and grade
reports.
4. Prior to authorizing medical, psychological or medically related services,
including diagnostic services, consult the Maximum Affordable Payment
Schedule.
5. Inform clients during the initial interview of the need for prior authorization
for any services.
6. Explain the difference between planned services and authorized services at the
time the IWRP is developed. While the IWRP represents services planned
between the client and counselor, services cannot be authorized until approval
of the IWRP is obtained.
(Revised 4/96)
8.03-3
7. In all cases of suspected fraud the counselor/secretary will report the situation
to the supervisor immediately. The supervisor will submit a written report to
the Deputy Director for Rehabilitation Services within five (5) working days
from report of the incident. If the supervisor needs additional help, the
matter will be referred to the Deputy Director for Rehabilitation Services for
further action.
8. If the client fails to keep an appointment for psychological services evaluation
or therapy that results in a financial loss to the vendor, payment will be made
up to 50% of the authorized amount based on the counselor's assessment of
vendor's financial loss, unless the appointment is canceled at least 24 hours
prior to the appointment. No payment will be allowed if the client was
scheduled for group therapy or testing which causes no loss of time to the
vendor.
9. When appointments are made, the client should be given the date, time and
place in writing, and if a possible no-show is suspected, the client should be
called the day before the appointment as a reminder.
Revised 4/96)
8.04 OCCUPATIONAL LICENSES, GOODS AND EQUIPMENT 8.04-1
BASIC REQUIREMENTS:
DEFINITION:
Goods and equipment:
1. Goods - Tangible commodities such as supplies, clothes, books,
furniture, stock, etc.
2. Equipment - mechanical items such as calculators, power tools,
automobiles, etc.
PURPOSE:
To outline the policies and procedures related to the provision of goods, equipment and licenses.
Clients must be able to maintain and eventually replace the items utilizing their own resources after closure.
LICENSES:
Occupational licenses are any license, permit or other written govermmental authorization prerequisite to entering an occupation or small business enterprise, and may be provided by DVR to clients including:
(Revised 4/96)
8.04-2
Attention should be given to licensure during development of training plans to ensure that the client will not encounter obstacles to meeting licensure requirements (e.g. criminal records, etc.).
PLACEMENT TOOLS:
Basic tools customarily required for a worker to perform on the job and normally provided by an employee him/herself in the same or similar trade may be provided. The counselor is responsible for obtaining consultation concerning the basic tool requirements for a particular job.
SPECIAL TOOLS:
Special tools over and above the basic tools normally required may be provided if needed to improve the client's job functioning in light of the disability.
TRAINING TOOLS:
Only the basic tools required to successfully complete a training program may be provided.
EQUIPMENT:
Equipment such as an appliance, apparatus, machine, fixture or furniture, may be provided when required by a client to enter employment or self-employment, including motor vehicles such as a truck or tractor.
For procedures regarding purchase, accountability, control and title transfer of vehicles see Section 8.05.
SPECIAL ADAPTIVE EQUIPMENT:
Due to the nature of the disability, a client may be provided special adaptive equipment, in order to perform a job. Adaptive equipment may also be provided if necessary to enable the client to participate in his/her rehabilitation program.
(Revised 4/96)
8.04-3
REHABILITATION ENGINEERING:
A Rehabilitation Engineer should be consulted as needed for assistance in providing rehabilitation engineering services evaluation, on-site equipment modification, adjustment and fabrication. Rehabilitation engineering services may be provided as a part of the IWRP and should relate to achievement of the vocational goal.
MEDICALLY PRESCRIBED EQUIPMENT:
Orthotics, prosthetics, wheelchairs, hearing aids,, etc., may be provided following the guidelines under Physical Restoration Services (Section 10.00) and Purchasing Procedures in the Fiscal Manual.
A portable, easily dismantled shelter may be provided to house a self-employment venture, and would be considered equipment. A permanent structure or building may not be purchased under any circumstances.
INITIAL STOCK:
Initial stock and supplies, including "startup" inventory of merchandise or goods for resale may be provided to clients entering self-employment. The amount of items purchased should be adequate to ensure a gross profit margin that will allow for replenishment of stock without further DVR support.
LIVESTOCK:
Livestock necessary for the establishment of a base stock, or animals for a farming or agricultural self-employment venture may be provided as well as initial supplies of seed, fertitizer, feed, etc.
SUPPLIES:
Supplies such as stationery, pens, forms, and other expendable items necessary for the day-to-day operation of a small business enterprise may be provided.
LAND:
MAY NOT BE PURCHASED UNDER ANY CIRCUMSTANCES.
(Revised 4/96)
8.05 PURCHASE OF VEHICLES 8.05-1
Clients may be assisted with the purchase of a motorized vehicle under the conditions below.
DEFINITION OF A MOTORIZED VEHICLE:
Any vehicle which requires a motor vehicle registration. This usually means any vehicle used on a road or highway whose speed is at least 30 miles per hour or whose engine is 45cc or more. In questionable cases contact the Motor Vehicle Division.
REQUIREMENTS
The Deputy Director for Rehabilitation Services (or the Deputy's designee) may authorize payment for all or part of the purchase of a motor vehicle if:
1. The purchase is not prohibited by state or federal statute, rule or
regulation; and
2. The Rehabilitation Counselor and client, in consultation with the Area
Supervisor, have explored all reasonable transportation alternatives:
a) Other reasonable transportation alternatives include, but are not
limited to, repairs to an already owned vehicle; use of mass
transit or other community transportation options; a move to
another area which allows access to employment; family
members, volunteers, paid driver/attendants, car pool or other
public transportation options; short-term automobile lease; or
reasonable accommodation by the client's employer.
3. The Rehabilitation Counselor has documented the following
determinations:
a) Purchase of a motor vehicle eliminates a barrier to the client's employment goal and that no other reasonable alternative is available.
8.05-2
b) Available financial resources - which include, but are not limited
to - comparable services and benefits, client contributions, PASS
plans, financing arrangements, grants or other resources do not
meet the minimum cost of the motor vehicle sufficient to
eliminate a barrier to the attainment of the client's employment
goal.
c) The client is likely to have sufficient income and resources after
case closure, including post-employment closure when
employment is maintained or regained, in order to meet his/her
daily living expenses, as well as to maintain, repair and replace
the motor vehicle; and the client agrees in writing to the
assessment and agrees to the payment of such costs after case
closure. Motor vehicle purchases may only be approved if there
is a reasonable expectation that the client will have sufficient
income and resources to meet daily living expenses and the cost
of motor vehicle operation and replacement.
d) If the client is to be the motor vehicle driver and there is
concern about the stability of the client's disability and the
client's ability to operate the motor vehicle safely, the Counselor
shall require qualified professional evaluation(s) sufficient to
address the concerns, and the evaluation(s) must conclude the
client can operate a motor vehicle with reasonable safety to the
client and the public.
4. Second or subsequent motor vehicle purchase may be authorized only after a determination that the client's failure to comply with the prior agreement to maintain, repair and replace the previous motor vehicle was for good cause.
POST-DECISION REQUIREMENTS
If approval is granted - the agency has agreed to participate in the purchase of a motor vehicle - then the following conditions must be met in all cases whether the vehicle is to be used for employment or to participate in training.
8.05-3
The vehicle is subject to repossession by DVR for as long as the agency
retains a lien on the title and may be repossessed during this time when:
8.06 COMPUTER PURCHASES 8.06-1
DEFINITION:
Under certain circumstances a computer and/or computer equipment may be purchased for clients when it is the most appropriate means of meeting training or employment needs.
SCOPE:
The purchase of a computer must meet at least one of the following conditions:
1. In some instances, a word processor way meet the needs of the client and should be considered prior to the purchase of a computer. If the need is for word processing documents such as in a post secondary school setting, a word processor shall be provided rather than a computer.
2. Comparable services and benefits shall be explored and utilized prior to the purchase of a computer by the agency in accordance with MOP section 8.02. Some examples of comparable services and benefits include the following:
A. Programs that have computers available for loan.
B. The availability of computers at training facilities such as computer labs and libraries.
C. Service providers who have computer labs set up for client use.
8.06-2
D. The availability of agency computer equipment which can be utilized by clients.
E. If a computer is needed for a short time, the rental of the equipment may be appropriate or utilized on a pay per hour arrangement (such as Kinko's).
3. The counselor/team shall assess the purpose of the computer to determine power, software and hardware/peripherals and equipment modification needs. Consultation shall be obtained by someone with expertise in the subject area, such as an employer or other businesses utilizing the same or similar equipment. In situations where a consultation cannot be easily obtained, the counselor may authorize for the service. An on-site visit by the counselor/team may be made to assist in determining needs. In determining the capacity of the equipment needed, the counselor/team shall consider current minimum needs unless the severity of the disability will require a more powerful computer package in the future. Consideration shall be the minimum required by present day standards.
4. For individuals who require specialized adaptations to the computer equipment, an evaluation may be obtained through an evaluator or rehabilitation engineer who specializes in computer aided adaptive equipment.
5. Computer purchases will only be considered if the client is able to take responsibility for the maintenance, replacement and upgrade of the equipment and software. This issue shall be discussed with the client prior to purchase of the computer and/or computer equipment. (NOTE: This guideline does not apply in situations where additional computer equipment or software is needed due to a change or progression of the disability).
6. Economic need requirements shall be applied according to MOP section 8.01. (NOTE: The provision of rehabilitation engineering services does not require the application of a financial needs test in accordance with MOP section 8.01-3.)
9.00 STATUS 14 - COUNSELING AND GUIDANCE 9.00-1
PURPOSE:
Status 14 is for eligible clients whose primary service needs are counseling and guidance.
Counselors should have knowledge of and skills in:
1. Theories and practice of individual counseling.
2. Psychological and vocational assessment.
3. Career Development and Occupations.
4. Psychological aspects of disabilities.
5. Personal, social, and vocational adjustment to disabilities.
SCOPE:
Counseling and guidance includes all services listed in the definition of "counseling" page 4.04-1.
In all cases, counseling and guidance service needs should be considered and these services may be all that is required to return the client to work.
Counseling is generally provided to:
1. Provide information related to:
2. Assist clients in adjusting to the disability in terms of:
(Revised 4/96)
9.00-2
3. Provide support, coordination or assistance in obtaining needed
services.
BASIC REQUIREMENTS:
1. Use of status 14 is not dictated by the cost to DVR of the IWRP, but by
the primary purpose of the IWRP.
2. Services other than counseling and guidance can be provided in status
14 if the primary service need is still counseling. If the primary
program changes to restoration or training, the status should be
changed.
3. Clients should be seen as often as necessary in status 14, and the service
section of the IWRP should indicate the frequency and duration of
planned counseling.
GUIDELINES:
1. During the development of the IWRP the counselor should formulate a
counseling and placement program based on client goals and needs.
2. Intermediate objectives should clearly show the intended outcomes of the
counseling and placement services.
3. The counselor need not indicate the counseling model or approach to be
utilized, but should have this in mind at the time of IWRP development.
(Revised 4/96)
9.00-3
4. At any time in the process, the counselor may request psychological or supervisory consultation if problems arise or expected outcomes are not being achieved.
DOCUMENTATION:
Counseling and placement should be documented in a contact report. The report should follow the guidelines for contact reports in Section 18.01, and clearly show how the provision of counseling services is assisting the client to achieve the vocational goal.
(Revised 4/96)
10.00 STATUS 16 - PHYSICAL AND MENTAL RESTORATION 10.00
10.01 BASIC REQUIREMENTS 10.01-1
DEFINITION AND PURPOSE:
Any treatment of a mental or physical condition aimed at eliminating, reducing or containing the functional limitations imposed by the disability which is necessary in attaining the vocational goal.
SCOPE:
Physical and mental restoration services (hereinafter "restoration") include:
(Revised 4/96)
10.01-2
GUIDELINES:
1. Diagnostic examinations and procedures may be provided in any status.
2. In all cases the counselor should clarify all rehabilitation issues pertaining to
the client's employability and their relationship to planned restoration
services.
3. Guidance and counseling issues necessary for the client's adjustment should
be documented as an integral part of the rehabilitation program.
4. Restoration services listed under "scope" are provided in status 16 when:
5. Treatment of a stable or slowly progressive condition may be provided in statuses 14 or 18 if the restoration is not the primary service need.
resulting from other restoration services.
provided for any medical condition (intercurrent illess) which arises and may jeopardize
completion of the IWRP if not treated. This includes acute or emergency medical care.
EMERGENCY AUTHORIZATIONS:
In emergency situations, restoration services may be provided by verbal authorization, but written authorization must be issued within 24 hours. If the counselor is unavailable, the supervisor or counselor in charge should authorize the service.
(Revised 4/96)
10.02 PHYSICAL RESTORATION 10.02-1
COUNSELING:
As part of any IWRP for physical restoration, counseling should include the client's understanding of the disability and functional limitations. These may include, but are not limited to the impact on or of:
MEDICAL CONSULTATION:
Prior to provision of physical restoration services under an IWRP the counselor shall seek medical consultation as outlined in Section 10.03.
STABLE OR SLOWLY PROGRESSIVE:
An original IWRP for physical restoration shall be for conditions which are stable or slowly progressive.
Generally, conditions which are stable or slowly progressive:
(Revised 4/96)
10.02-2
The counselor shall explore (as appropriate) the use of:
In cases of extreme medical risk refer to Section 8.02 with respect to the use of comparable services and benefits.
SURGERY:
Where inpatient surgery is part of the IWRP services the counselor must ensure that provisions for payment through DVR or comparable benefits, include:
ORTHOTICS, PROSTHETICS, AND OTHER ASSISTIVE DEVICES:
Hearing aids, eyeglasses, prosthetics, orthotics, or other medical equipment should be purchased at the best available price and only with a prescription.
Some medical equipment is on contract with the State Purchasing Agent so the list of SPA contracts should be checked prior to authorizing this service.
REPAIR AND REPLACEMENT:
The counselor is responsible for discussing the issue of "product warranty" with the vendor. If a warranty is normally provided, a copy should be placed in the case file. If no warranty is offered, the counselor shall discuss with the client and vendor the
(Revised 4/96)
10.02-3
responsibility for repair or replacement, particularly for prosthetics. In all cases, counseling should be provided to ensure the client's awareness of responsibility for repair and replacement after the client becomes employed.
TRANSFER OF MEDICAL EQUIPMENT:
Upon receipt of medical equipment, the Receipt of Equipment Form shall be completed, Sections I and II, transferring title to the client.
LICENSURE AND CERTIFICATION:
Physical restoration services shall be provided only by facilities and professionals licensed or certified according to state law, except for those noted below. If in doubt, regarding licensure and certification, contact the medical consultant.
NON TRADITIONAL OR UNLICENSED PROVIDERS:
Non-traditional treatments or services, not covered by state law, such as native healers, may be provided if:
a. After exploration of other resources, both client and counselor agree that the service is the best course of treatment.
b. Medical consultation finds no contraindications.
LONG TERM CARE OR TREATMENT:
DVR generally does not provide long term care or medical treatment. A "reasonable expectation that VR services will improve employability" implies a "reasonable" period of time.
If the client has ongoing medical needs (medication, supplies, etc.) the counselor may assist with these needs during the rehabilitation program. The counselor should consider ongoing medical expenses when determining a vocational goal, and the level of earnings needed, as the client will have to assume responsibility for the costs after closure.
(Revised 4/96)
10.02-4
ORGAN TRANSPLANTS:
Generally, DVR will not participate in the hospital, surgical, or other direct medical services associated with organ transplant procedures except for corneal transplants (see General Policy Memorandum 029). Transplant cases include, but are not limited to, kidney, liver, heart, heart/lung, and pancreas transplants. Because most pre-transplant patients condition is not considered to be medically stable or slowly progressive (Section 10.02), and because most transplant surgeries are experimental or developmental in nature, it would be inappropriate to participate financially in the provision of these kinds of services.
Counselors should follow-up with individuals who have successfully undergone organ transplant and offer to consider them for VR services. Once the condition "stabilizes", and the other eligibility criteria are met, appropriate services may be rendered.
(Revised 4/96)
10.03 MEDICAL CONSULTATION 10.03-1
DEFINITION OF MEDICAL CONSULTATION:
Expert advice related to medical aspects of client cases by a medical practitioner. These consultative services are provided by the area or state medical consultants or on a fee for service basis by private physicians and are rendered directly to VR counselors and supervisors.
PURPOSE:
1. To provide technical assistance on the medical aspects of rehabilitation.
2. To help insure quality medical services.
3. To assist the counselor obtain, understand, and use adequate medical
services at a reasonable cost.
SCOPE:
Medical consultation may be obtained prior to the development of the IWRP, during the preliminary or thorough diagnostic study, or at any time in the rehabilitation process to:
(Revised 4/96)
GUIDELINES: 10.03-2
Consultation must be obtained during the formulation of an IWRP and the provision of services in cases involving:
1. In-patient or out-patient hospitalization or clinic services.
2. Severe physical impairment with uncertain prognosis, even if DVR is not
providing medical services.
3. Any procedure causing sterilization.
4. Controversial or experimental medical or health services.
5. Non-traditional treatment or services by providers not covered by state law.
6. Dental restoration in excess of $500.00.
ELIGIBILITY:
The medical consultant does not make eligibility decisions. This is the responsibiHty of the counselor.
DENTAL CONSULTATION:
Cases involving provision of any dental services in excess of $500.00 shall be referred to the Statewide Dental Consultant. The dental consultant serves essentially the same purpose as the medical consultant, but does not generally have face-to-face contact with the counselors. When referring a case to the Statewide Dental Consultant, the counselor shall include:
DOCUMENTATION:
Medical or dental consultation will be documented by written report of the consultant. It can be done on the Medical Consultant Worksheet, for medical cases, or other comparable format.
(Revised 4/96)
10.04 MENTAL RESTORATION 10.04-1
DEFINITION:
A planned program of professional treatment which is designed to systematically reduce those major functional limitations of a mental or emotional disability which prevent adequate performance in a specified training or employment setting.
SCOPE:
Mental restoration services may include:
Mental restoration services are provided when the services are expected to eliminate or substantially reduce the functional limitations in a reasonable period of time.
The type of services used should be determined on an individual basis and should be aimed at integrating the client to the greatest extent possible into the available community-based system of care.
Radical (e.g., electroshock or brain surgery aimed at changed affect or behavior) or experimental procedures will not be provided by DVR.
GUIDELINES:
1. Mental restoration services may be provided in order to increase client's
functioning and establish eligibility under an IWRP for extended evaluation,
or to achieve a vocational goal under an IWRP for regular services.
2. Psychotherapy for treatment of a psychopathology can only be done after
recommendation on a psychological or psychiatric examination.
(Revised 4/96)
10.04-2
3. Mental restoration services provided under an IWRP shall include objectives
developed in conjunction with the service provider which identify measurable
behavioral outcomes. A brief monthly report shall be received showing
progress toward objectives.
4. The IWRP shall include the entire amount of planned psychotherapy.
However, services shall be authorized for a period not to exceed 90 days. A
periodic review will be required before reauthorization.
5. Private vendors should be licensed/certified in their specialty. When
necessary, because of individual client needs or limited community resources,
alternative private vendors can be used following approval of the area
supervisor in conjunction with the designated consultants.
6. Clients may be referred to community mental health services or other
programs for mental restoration and evaluation services (e.g., situational work
assessment, psychosocial rehabilitation, etc.) on the same basis as to other
providers.
PSYCHOLOGICAL EVALUATIONS:
Psychological evaluation reports shall include:
ROLE OF THE PSYCHOLOGICAL SERVICES UNIT:
The role of the DVR Psychological Service Unit will be primarily that of a consultant or advisor to the counselor and supervisor on matters related to:
1. The nature of the client's mental or emotional disorder.
(Revised 4/96)
10.04-3
2. The client's functional limitations and implications for vocational
planning.
3. The costs and adequacy of psychological services purchased from
private vendors.
4. The training of Vocational Rehabilitation staff on psychological aspects
of Vocational Rehabilitation.
5. The annual preparation, updating, and distribution of a statewide list
of certified psychiatrists and psychologists.
PSYCHOLOGICAL CONSULTATION:
Psychological consultation shall be obtained when:
NO-SHOWS:
If the client fails to keep an appointment for evaluation or therapy that results in a financial loss to the vendor, payment will be made up to 50% of the authorized amount based upon the counselor's assessment of services delivered and the vendor's financial loss, unless the appointment is canceled at least 24 hours prior to the appointment. No payment will be allowed if the client was scheduled for group therapy or testing which causes no loss of time to the vendor.
When appointments are made, the client should be given the date, time, and place in writing, and if a possible no-show is suspected, the client should be called the day before the appointment as a reminder.
(Revised 4/96)
11.03-5
of the agreement. A copy shall be forwarded to the office of the Deputy Director of Rehabilitation Services, following IWRP approval.
Upon termination of OJT, a copy of the completed OJT agreement and a copy of all completed authorizations pertaining to training should be forwarded to the office of the Deputy Director of Rehabilitation Services.
PROGRESS REPORTS:
Monthly progress reports of training shall be received from the trainer. The Training Progress Report Form will be used as a convenience to the trainer. Copies for each month of anticipated training will be provided at the time the OJT Agreement is signed.
(Revised 4/96)
11.03-4
TRAINING FEE:
1. The trainer agrees to provide the training to the client at no cost to the
agency; or
2. The trainer is paid on the basis of a percentage of client wages (if
applicable). This arrangement is designed to reimburse the trainer for
the costs of training the client. Because client skills are expected to
increase over time, the training fee or percent of wages is expected to
decrease over time; or
3. The trainer is paid a flat fee by the week or month for providing the training. The fee is negotiated between the DVR counselor and the trainer.
ON-THE-JOB TRAINING AGREEMENT:
After an OJT has been arranged, the counselor shall develop an OJT agreement using the On-The-Job Training Agreement. The agreement should:
(Revised 4/96)
11.03-3
4. The employer that provides the training derives no immediate
advantage from the activities of the trainee or student and on occasion
his operations may actually be impeded;
5. The trainee or student is not necessarily entitled to a job at the conclusion of the training and;
6. The employer and the trainee or student understand that the trainee or
student is not entitled to wages for the time spent in training.
TRAVELING STIPEND:
If a client meets the above Department of Labor criteria to be considered a trainee, the client may receive a "training stipend" if wages are not paid. A stipend is expected to improve the likelihood of successful placement by increasing motivation or teaching the client the relationship between work and money received.
WAGES:
If a client does not meet the above Department of Labor criteria to be considered a trainee, the client must be paid wages and afforded benefits commensurate with their contribution to the business. The amount of wages paid should be based on the employee's productivity in relation to others doing the same work. Clients who make a significant contribution to the business should be paid at least the minimum wage.
SUB-MINIMUM WAGE:
The Federal Fair Labor Standards Act provides that the United States Secretary of Labor shall provide for the employment, under special certificates, of individuals at a sub-minimum wage whose earning capacity is impaired by age, physical or mental deficiency or injury. The following conditions allow for the payment of sub-minimum wage to the client: The client is placed in a Department of Labor certified sheltered workshop, the counselor files a temporary certificate for a period not to exceed 90 days with the Department of Labor for wages less than 50% of minimum wage, or the counselor submits an application form and a temporary certificate with the Department of Labor for the payment of wages that exceed 50% of the minimum wage but less than minimum
(Revised 4/96)
11.03-2
4. The individual or entity providing the training at the job site should possess
the knowledge, skill and ability to train the client.
5. There should be in place the necessary training materials and resources
including space, tools, equipment, accessible facilities and working conditions
conducive to learning and skill development.
6. On-the-job training should serve to enable trainees to acquire the skills and
level of proficiency necessary for entry level employment in that particular
field or occupation.
7. The employer or individual providing training should be willing to make appropriate arrangements for the training and agree to provide DVR with periodic progress reports on the training.
8. Comparable services and benefits must be taken into consideration when
providing on-the-job training.
9. Liability in case of accident or injury to the client while at the work site shall
be specified on the OJT Agreement Form.
TRAINING VS. EMPLOYMENT:
It is important to acknowledge, and the law distinguishes the difference between, what constitutes training and what constitutes employment. The counselor must determine if a client is a trainee or an employee according to DOL regulations. Training stipends may be paid to a trainee; wages must be paid to employees. A client is considered a trainee when all of the following conditions exist. A client is considered an employee if any of the following conditions are not met:
1. The training, even though it includes actual operation of the facilities
of the employer, is similar to that which would be given in a vocational
school;
3. The trainee or student does not displace regular employees, but works
under their general supervision;
(Revised 4/96)
11.03 ON-THE-JOB TRAINING 11.03-1
DEFINITION:
On-the-job (OJT) training consists of a training activity or series of training activities provided by an individual, group of individuals, or employees for the purpose of developing a job skill and related work experiences. Typically, this is an appropriate, and in many cases, a preferential method of enabling a client to acquire training by placement in a setting which emphasizes "learning by doing".
SCOPE:
On-the-job training includes both formal and informal training activities for the purpose of acquiring skills specific to a particular job or occupation.
A client may be considered as an OJT placement for DVR's purposes if the client's program falls within the definition of this section. The counselor, however, must also consider the requirements of the Fair Labor Standards Act, and U.S. Department of Labor regulations regarding definitions of "student-learners", "apprentices", "learners" and other "trainees", as distinguished from an "employee", to determine whether a client placed in an OJT can be paid training stipends or must be paid wages.
GUIDELINES:
The following factors should be considered prior to providing on-the-job training:
1. The counselor should meet with employer to discuss client's current skill level
and identify training needs.
2. It is appropriate in many cases to obtain a one week, two week or 30 day on
the-job assessment of the client's training needs once a suitable training site
has been identified. The counselor should explain to the employer and client
the purpose of the assessment and arrange for a face-to-face meeting upon its
completion to establish terms for the OJT.
3. The duration of an OJT should be based upon the standard vocational
preparation period defined in the Classification of Worker Traits.
Adjustments to the OJT duration may be made by taking into account the
client's functional limitations and the circumstances of the training situation.
(Revised 4/96)
11.02-4
Special services should be coordinated through the Special Services Office on campus whenever possible.
11.02-3
OUT OF STATE COLLEGE TRAINING:
Out of state training may be supported if:
Clients who desire an out of state school strictly for reasons of personal choice may be supported at the same level they would be supported in an in state training course. The client will have to make up the difference in cost.
To the extent necessary courtesy counseling should be arranged through the state VR agency where the client will be attending school. This may be helpful in coordinating special services or financial aid.
PRIVATE SCHOOL TRAINING
Private school training may be an option for some clients. Prior to approving private training, the counselor should determine if a comparable training program exists at a public in state institution. If it does, and the client elects to attend a private school, assistance may be provided at the same level required by the public school. This would apply to tuition, fees, books and supplies.
SPECIAL SERVICES:
Special needs related to the disability shall be assessed prior to initiation of the college program to avoid adding additional burdens to the client. The counselor shall consider issues related to:
11.02-2
COMPARABLE SERVICES AND BENEFITS:
The client must apply for Student Financial Aid, unless the school is not approved for Pell Grant, prior to authorization of tuition fees, books, supplies, maintenance or transportation. No authorization shall be issued for subsequent semesters until the determination has been made of the availability of financial aid. Authorization for the first semester may be issued pending determination of eligibility for Financial Aid. The PELL grant shall be considered the payment of first choice.
Although some educational institutions are not approved for Pell Grants, clients should inquire with the school about other forms of Financial Aid, i.e. working in kind for tuition expenses. In some instances it may also be appropriate for clients to consider Student Loans or part-time employment to offset the expenses of their training program.
GRADUATE LEVEL TRAINING:
Graduate level training at the Masters or Doctoral level may be provided if this is the best or only method to achieve a suitable vocational goal. This level of training is reserved for severely disabled clients whose earnings must offset loss of disability benefits and/or increased living expenses due to the disability. For example, clients paying for their own attendant care.
Aptitude for graduate level training is generally indicated by acceptance into the graduate program and satisfactory work at the undergraduate level.
11.02
COLLEGE OR UNIVERSITY TRAINING 11.02-1
PREREQUISITES
Prior to consideration of college training there shall be clear evidence of the client's ability to do college work, and the client must meet the standards for admission.
SCOPE:
All services listed in Section 11.01.
CONTINUING SUPPORT OF COLLEGE TRAINING:
Continuing support of college training is contingent upon:
• Client maintaining a cumulative 2.0 grade point average or equivalent
• Application each year for Student Financial Aid
• Client maintaining a course load sufficient to complete the program within the standard time frame barring unusual circumstances.
• A degree plan filed in the case record by the second semester or trimester of the clients college program and evidence that courses taken follow this plan.
GRADE POINT AVERAGE:
Training should be authorized one semester at a time pending grade reports. Clents shall maintain a cumulative 2.0 grade point average to continue funding of the IPE. If the client falls below this average, the counselor should determine feasibility of continued training prior to authorizing the next semester.
FULL TIME STATUS:
Clients will maintain a full time status unless:
11.01-3
COMPARABLE SERVICES AND BENEFITS:
The client must apply for Student Financial Aid, unless the school is not approved for Pell Grant, prior to authorization of tuition fees, books, supplies, maintenance or transportation. No authorization shall be issued for subsequent semesters until the determination has been made of the availability of financial aid. The PELL grant shall be considered the payment of first choice.
Although some educational institutions are not approved for Pell Grants, clients should inquire with the school about other forms of Financial Aid, i.e. working in kind for tuition expenses. In some instances it may also be appropriate for clients to consider Student Loans or part-time employment to offset the expenses of their training program.
11.01-2
CHOOSING A POST-SECONDARY SCHOOL:
Quality vocational training can usually be obtained through publicly supported institutions.
In comparing post-secondary school programs, the counselor should consider:
Some private institutions offer more intensive programs at higher cost per hour.
The counselor should weigh the savings in time against the increased expenses, and should obtain from any public or private institution placement rates of graduates for the particular course of study the client will pursue.
OUT OF STATE TRAINING:
Prior to support of any public or private training at out of state institutions, the counselor will obtain a recommendation from the state VR agency, or other reliable source, where the institution is located indicating approval of the institution for training. The conditions for supporting an out of state training program are stated in Section 11.02-3.
GRADE POINT AVERAGE:
Training should be authorized one semester at a time pending grade reports. Clients shall maintain a cumulative 2.0 grade point average to continue funding of the IPE.
If the client falls below this average, the counselor should determine feasibility of continued training prior to authorizing the next semester.
Continued support may be warranted if the client has suffered an illness or other set back beyond his/her control.
FULL TIME STATUS:
Clients will maintain full time status in their training program. It is understood that there may be circumstances which prevent full time status. (Even under these circumstances, it is expected that the client will develop a plan with their counselor to progressively increase their course load to the point of attending their program on a full time basis.) Such circumstances include:
11.00 -TRAINING 11.00
11.01 VOCATIONAL TRAINING 11.01-1
DEFINITION:
Training provided in a vocational training institution, for the purpose of acquiring skills specific to a particular job or occupation. Training that will lead to self-employment (e.g. massage therapy, acupuncture, accounting) must also meet the provisions outlined in the self employment section of the MOP).
LENGTH:
The program of studies will generally require two years or less of training if pursued full-time. If the client is unable to attend the vocational training program full time, he/she will need to develop a plan that will gradually increase their coursework to the point of returning to school full time. This must be done in consultation with their VR counselor and should be developed prior to implementation of the IPE or amendment.
SCOPE:
Services which can be provided include, but are not limited to:
Prior to inclusion of a vocational training program on the IPE the counselor shall ensure that the client has the prerequisite academic achievement and vocational potential. If in doubt, the counselor shall obtain testing from the training institution, or other appropriate source to the extent needed to predict successful completion of the program.
11.04 WORK ADJUSTMENT TRAINING 11.04-1
DEFINITION:
Training aimed at teaching the client appropriate work habits and behaviors, in preparation for further vocational or skill training, entry level employment, or sheltered employment.
PREREQUISITE:
Prior to providing work adjustment training, the counselor shall assess:
Work Adjustment Services include training to:
(Revised 4/96)
11.04-2
REFERRAL FOR WORK ADJUSTMENT:
Development of a work adjustment program shall be done jointly by the counselor, service provider, and client. Intermediate behavioral objectives shall be mutually agreed upon and time frames established for their achievement.
These objectives should be estabtished from baseline data collected in the initial assessment.
MONITORING OF PROGRESS:
Monthly reports of progress shall be obtained from the service provider and must include:
1. Attendance.
2. Behavioral indicators of progress on each of the stated objectives.
3. Negative or positive changes since the last progress report.
4. Recommendations for changes in the program or changes in the time
frames for meeting objectives.
5. Other information that might be helpful to the counselor.
CAUTION:
General statements such as "client continues to improve" or "client is doing better" are unacceptable as indicators of progress toward stated objectives. Progress from baseline indicators should be stated in measurable terms.
(Revised 4/96)
11.05 MISCELLANEOUS TRAINING 11.05-1
ACADEMIC REMEDIATION:
Academic remediation may be provided to:
Academic remediation should only be provided to the extent necessary for achievement of a goal.
REQUIREMENTS:
Prior to providing such training the counselor shall have an assessment of the client's current level of functioning.
Intermediate objectives shall specify the academic level to which the client will be trained (usually a grade level in reading or math). This should correspond to the level needed for the occupation or training the client will enter.
SCOPE:
Services may be provided through Adult Basic Education Centers, a rehabilitation facility, a private tutor, or other learning center.
Books, supplies, or other materials may be provided in addition to the training.
When the client has inadequate academic skills for a formal training program being contemplated, the counselor should first attempt to upgrade these skills to avoid failure in the program. Delaying the training program for one semester to provide academic remediation is advisable if it will help ensure success and give the client and counselor an indication of how the client will perform in a classroom setting.
(Revised 4/96)
11.05-2
TUTORIAL SERVICES:
Private tutorial services may be provided if this is the best method given the client's individual needs. These services are generally utilized when:
Academic remediation programs are not available in the community.
The client needs to learn some selected academic skills which could be taught much faster through a tutor on a one-to-one basis than in a classroom. This may be related to medical maintenance of a disability, use of special tools or adaptive equipment, or skills related to a specific job, for which formal training may not be available.
The tutor should be given specific objectives on which to work, and report periodically to the counselor on progress. The frequency of progress reports will depend on the length and intensity of the training.
CORRESPONDENCE STUDY:
Correspondence courses are generally discouraged, but may be provided if the client's disability precludes other conventional training methods, or if there is a specific correspondence course that would enable the client to prepare for placement or further training. It can also be a helpful supplement to an OJT.
(Revised 4/96)
12.00 OTHER SERVICES 12.00
12.01 MAINTENANCE 12.01-1
PURPOSE:
Maintenance is a financial supportive service to be provided only to enable the individual to participate in and derive full benefit from other Vocational Rehabilitation services. It is provided to the client to help him/her meet the extra costs of subsistence resulting from his/her participation in the rehabilitation process.
SCOPE AND LIMITATIONS:
IN SUPPORT OF DIAGNOSTIC/EVALUATION SERVICES:
Maintenance in support of obtaining diagnostics may be provided by written authorization to vendors i.e., motels, restaurants, etc. or directly to the client. Justification shall be noted in a contact report.
(Revised 4/96)
12-01-2
IN SUPPORT OF AN IWRP FOR REGULAR SERVICES:
Since maintenance is provided in support of other services, there should be no provision of maintenance to clients in an interrupted status, during summer vacations from school, or while waiting for a program to start.
Maintenance under an IWRP is a contribution toward the cost of rent, utilities, food and personal items or incidentals.
When maintenance is provided under an IWRP, it is particularly important to carefully review the client's financial situation during all IWRP periodic reviews (at least annually) and thoroughly justify the need for maintenance in a contact report.
TRAINING:
Maintenance may be authorized for clients in support of all types of full time training situations providing that all other requirements are met and satisfactory progress toward completion of the training program is evident. (12 or more semester hours, 6 or more daily training hours, or training time equivalent to this or considered full time for that particular institution.)
OUT-OF-STATE NEEDS:
Maintenance payments to clients involved in out-of-state programs will not be approved for more than one year without a certification of the client's training costs and current income by:
(Revised 4/96)
12.01-3
PHYSICAL AND MENTAL RESTORATION:
During periods of convalescence, maintenance payments may be made to clients but should not exceed 2 months. Exceptions must be approved by the Area Supervisor.
COMPARABLE SERVICES AND BENEFITS:
Comparable Services and Benefits should be fully considered when providing any maintenance, but must be utilized for the following services, unless there is documentation in the case record (contact report) that the client is not eligible for such comparable services and benefits.
| I | Rent or housing subsidy |
Must apply for: |
1. AFDC, SSI, SSDI, Worker’s Compensation, or 2. General Assistance, or 3. Other housing subsistence | ||
| II | Utilities | Same as in I above or city, county or state utility subsidies |
| III. | Food | Food Stamps |
| IV | Room and board on Campus |
Student financial aid |
INCOME SUPPORT DIVISION:
I.S.D. will reduce AFDC and/or General Assistance by an amount equal to the
amount of maintenance provided to a client by DVR for housing, utilities, food,
clothing, etc. Therefore, if a client is receiving AFDC and/or General Assistance
it is not necessary to provide maintenance.
I.S.D. agrees to exclude the following DVR payments, directly related to the client's training, in determining the client's financial assistance eligibility and payment:
(Revised 4/96)
12-01-4
1. transportation;
3. medical, psychological, or other therapeutic services;
4. equipment, tools or stock;
5. services to family members, including child care; and
6. other goods and services authorized to the vendor directly.
CLIENT INDEBTEDNESS:
1. Client debts and liabilities will be considered only if related to
subsistence; commitments for luxury items will not be considered in
determining the need for maintenance.
2. Heavily indebted clients with commitments that present obstacles to
successful completion of their program (inclusive of previously acquired
medical debts) should not be assisted with entering a program unless
they have first dealt with and removed such problems. Counseling in
this regard is appropriate and may include provision of information on
declaring. bankruptcy, deferred payments by negotiating with creditors,
consumer credit counseling, etc.
Under no circumstances should DVR attempt to bail out a client from his financial difficulties (e.g., making bank payments, installments on furniture, and the like) through maintenance payments.
3. DVR cannot make mortgage payments to a mortgage company directly,
but may provide the client maintenance for this expense if all
requirements in this section are met.
(Revised 4/96)
12.02 TRANSPORTATION SERVICES 12.02-1
DEFINITION:
Transportation Service means assistance, including payments, for necessary travel in connection with transporting DVR clients and their attendants or escorts.
PURPOSE:
Transportation is a supportive service intended exclusively for the purpose of enabling the client to participate in or derive the full benefit of other vocational rehabilitation services.
SCOPE:
Transportation services may be provided during the rehabilitation process, from status 02 through status 32 (Post-Employment Services) and may include:
GUIDELINES:
1. The most economical means for transporting the client will be selected taking
into consideration the client's needs, limitations, etc.
2. The client and family have the primary responsibility for transportation
services. Comparable services and benefits must also be fully considered (and
documented) for meeting the client's needs before DVR can commit funds for
transportation services.
3. All sections of the DVR-2, and a contact report, must be properly completed
before transportation may be approved or authorized.
(Revised 4/96)
MILEAGE: 12.02-2
1. Reimbursement for mileage when using a private vehicle is permitted
using estimated costs of gas and oil based on the documented number
of miles traveled and frequency of the trips. Reimbursement for
mileage will be paid to one individual or organization only.
2. Written authorizations to vendors for gasoline may be issued when this
method of providing transportation is available.
ATTENDANT CARE:
1. The use of attendants and/or escorts when connected to transporting the
client relative to the rehabilitation process is considered a transportation
service, should be coded as such, and provided through one of the
following methods:
a. Direct payment to the client when he/she becomes
primarily responsible for hiring and paying for such
services.
b. Written authorization for purchase of such services
from an enterprise (public or private) providing
such services at a negotiated fee.
C. Written authorization and direct payment to the
attendant at fees negotiated with the provider.
2. Payments for attendant services provided by family members are
disallowed unless undue hardship results from such an arrangement.
3. The travel costs of the attendant may be provided at the rates provided
to the client.
AUTO REPAIRS:
Payments for repairs and part replacements of client-owned vehicles may be made in compliance with agency purchasing policies and procedures, when this is deemed the best or most economical method for meeting that client's transportation needs. The following factors should be considered and exceptions require approval by the Area Supervisor.
(Revised 4/96)
12.02-3
VEHICLE OR VAN MODIFICATION:
When every alternative method for meeting the client's long-term transportation needs have been explored, including public conveyances and residing "on campus", it is permissible to purchase equipment and modification of a client-owned vehicle. This is restricted to clients under an IWRP and those entering the kinds of employment that will make it possible for them to maintain the equipment.
PURCHASE OF MOTOR VEHICLES:
Vehicles may be purchased in accordance with the conditions set forth in Section 8.05.
RELOCATION EXPENSES:
Assistance with relocation and moving expenses may be provided when the following conditions are met:
(Revised 4/96)
12.02-4
Authorizations issued related to the purchase of gasoline and oil will be specific and within set time frames.
(Revised 4/96)
12.03 SERVICES TO FAMILY MEMBERS 12.03-1
DEFINITION:
A family member is defined as "any relative by blood or marriage of a client and other individuals living in the same household with whom the client has a close interpersonal relationship characterizing a family unit".
REQUIREMENTS:
Services to family members may be provided when:
1. A client being served under an IWRP for regular or extended evaluation services can be assisted in completing the program through the provision of services to a family member(s).
2. Such services are not readily available through existing community programs.
SCOPE:
Any of the services listed in Section 9.00 - 16.00 may be provided to a family member if the service will have a significant impact on the client's ability to achieve the vocational goal.
Services most typically provided to family members are:
1. Homemaker services to assist a family member in learning new or adapted methods of home management to accommodate the disability.
2. Medical management training provided for a family member by a nurse, physician, rehabititation center, or other facility.
3. Individual, group or marital counseling or therapy to help the family adjust to the disabling condition.
4. Child care services to enable the client to pursue an IWR.P.
5. Training in managing aspects of a small business enterprise.
(Revised 4/96)
12.03-2
GUIDELINES:
1. Services to family members should be included on an IWRP with the same rationale and requirements as any other servicer.
2. Comparable services and benefits should be utilized and economic needs met prior to the provision of these services.
(Revised 4/96)
12.04 OTHER MISCELLANEOUS GOODS AND SERVICES 12.04-1
DEFINITION:
Services which do not fit into other categories.
REHABILITATION ENGINEERING:
A Rehabilitation Engineer should be consulted as needed for assistance in providing rehabilitation engineering services evaluation, on-site equipment modification, adjustment and fabrication. Rehabilitation engineering services may be provided as a part of the IWRP and should relate to achievement of the vocational goal.
INTERPRETER, READER AND NOTE-TAKING:
The services of an interpreter, reader or note-taker may be provided if it is necessary for an individual who has communication needs to complete the diagnostic process or to benefit from other services under an IWRP.
TELECOMMUNICATIONS:
Telecommunications, sensory and other technological aids and devices, such as hearing aids and amplifiers, may be provided if necessary for a client to participate in and benefit from the rehabilitation program. See Section 8.04 and 10.02 for additional information related to the purchase of goods and equipment and physical restoration services.
SERVICES TO GROUPS:
When a need is identified which may potentially be addressed through Services to Groups, the supervisor shall contact the Deputy Director for Rehabilitation Services. No commitments for such services shall be made prior to consultation and approval of the Deputy Director for Rehabilitation Services.
INSURANCE PREMIUMS:
Insurance premiums may be provided on automobiles as part of an IWRP prior to the client establishing financial independence.
Insurance premiums may also be provided for business equipment, premises, or liability for a small business enterprise in support of start-up costs.
(Revised 4/96)
12.04-2
UNION DUES OR FEES:
Union dues or fees may be provided for clients entering employment where union membership is required or necessary to obtain maximum salary, with the understanding that future dues will be paid from the client's earnings.
RENT OR MORTGAGE PAYMENTS:
Rent payments may be authorized directly to the landlord in lieu of maintenance. At no time should a DVR employee sign or co-sign a lease agreement for provision of a residence or business to a client.
Mortgage payments may not be authorized directly to the mortgage company or bank, but maintenance may be provided as per the requirements in Section 12-00.
CLOTHES OR UNIFORM:
Clothing necessary for training or employment may be provided by following the purchasing procedures in Section 8.03. Clothing is generally provided only for job interviews or employment.
REMOVAL OF ARCHITECTURAL BARRIERS:
Removal of architectural barriers may be done for a home or place of employment. Removal of barriers to the home should be limited to those things essential to the client's participation in the rehabilitation program. Further modifications desired for the sake of comfort or convenience should be done by the client after employment is obtained.
Modification of buildings for the place of employment shall be done only after consulting with the employer in a tactful way regarding the employer's obligations under Title V, Section 504, of the Rehabilitation Act, and must be approved by the Deputy Director of Rehabilitation Services if the cost is $1,000 or more.
Services provided to remove architectural barriers must follow the purchasing procedures so that bids can be secured from contractors to do the work, if the cost exceeds the limit for direct authorization.
(Revised 4/96)
12.04-3
INDEPENDENT LIVING SERVICES:
Independent living services are those services which increase the client's ability to function more independently in their home, community, or work environment. Independent living services may be provided to a client to enhance the client's ability to participate in a vocational program.
Independent living services may include but are not limited to peer counseling, housing modifications, attendant care, attendant care management training, transportation services and purchase of adaptive equipment.
COURTESY COUNSELING:
In situations where a client must obtain services away from their home town, the supervisor may request courtesy counseling through the supervisor in the area where the client will be located. These requests should be limited to those clients who will need more frequent follow-up or counseling and should be specific as to what is needed from the courtesy counselor.
ADVERTISEMENTS:
Advertisements may be purchased through the newspaper to assist clients in obtaining employment.
LEASING:
Leasing of equipment, tools or motor vehicles should be considered if there is uncertainty as to whether the items will be utilized or if the leasing is necessary for a short period of time pending availability of the item for purchase. Under no circumstances shall DVR pay for interest payments associated with a lease.
OTHER:
Other goods and services may be provided if it can reasonably be expected that the individual will benefit in terms of employability.
(Revised 4/96)
13.00 PLACEMENT AND EMPLOYMENT 13.00
13.01 STATUS 20 -PLACEMENT 13.01-1
Status 20 is utilized when the client is ready for employment.
Placement services are the primary services provided in Status 20 and should be covered in an IWRP or an amendment.
PLACEMENT SERVICES:
DEFINITION:
Placement services consist of those services planned, directed and coordinated by the counselor that result in employment for the client. Placement services are designed to address barriers to employment resulting from functional limitations and other attendant factors. Services are provided to enable the client to both obtain, and maintain employment.
SCOPE:
Placement services are vocationally oriented and should relate to vocational outcomes. Planning for placement services permeates the entire vocational rehabilitation process, commencing with the initial interview. Placement services may include, but are not limited to:
(Revised 4/96)
13.01-2
(Revised 4/96)
13.01-3
PLANNING:
Planning for placement begins with the initial interview and continues during the diagnostic study, IWRP development and service provision. Emphasizing job placement issues during the initial contacts with the client helps to focus attention on the real mission of the agency and not on the immediate psycho-social service needs of the individual client. Vocational counseling sessions should bring out as applicable:
GUIDELINES:
1. It is the counselor's responsibility to assess the client's placement needs,
provide counseling, plan for service provision and document these activities.
The types of services used should be determined on an individual basis.
2. Counselors should enlist the assistance of the New Mexico Department of
Labor and other public or private organizations to effect placement.
3. Placement services may be purchased when such an arrangement is in the best
interest of the client, and DVR is unable to provide timely and appropriate
services. Some placement services are time intensive, and when viewed in
terms of the counselor's overall job, are best arranged for when possible. A
case-by-case determination based on client characteristics must be made
regarding the use of specific placement services through the use of other
resources, the counselor or a combination of both.
(Revised 4/96)
13.01-4
4. The client has a major responsibility in obtaining and maintaining their own
employment. A guiding principle is, "never do for a client what the client can
reasonably be expected to do for themselves". This should be based upon each
client's individual characteristics, skills and abilities.
5. The counselor retains the primary responsibility for directing the placement
process. Even when placement services are purchased, the client must be seen
and provided counseling. The counselor must assure quality services, client
participation and proper documentation via the rehabilitation program,
reports and contact reports.
(Revised 4/96)
13.02 STATUS 22 - EMPLOYMENT 13.02-1
DEFINITION:
Status 22 is used to denote that the client has entered suitable employment (Section 15.03). This status is used when the employment meets all the requirements for a successful 26 closure, except the length of time employed. In particular, the counselor should be monitoring the client's employment and provide the services necessary for the client to remain employed.
COMPETITIVE EMPLOYMENT:
Work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and for which an individual is compensated 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.
(Revised 10/97)
13.03 HOMEMAKING 13.03-1
DEFINITION:
Homemaking involves household management and a significant contribution to maintaining a home for two or more people. It is not measured solely by the client's performance of selected housekeeping tasks.
PURPOSE:
The provision of vocational rehabilitation services substantially impacts the person's ability to be employed as a homemaker.
HOMEMAKING ACTIVITIES:
Homemaking activities are defined by responsibility for the following:
SHARED RESPONSIBILITY:
The responsibility for management and maintenance of the home may be shared with another person as long as the client makes a signiricant contribution.
(Revised 4/96)
13.03-2
CLIENTS LIVING ALONE:
Homemaking is not considered a legitimate occupation for a client living alone.
CHANGE FROM COMPETITIVE TO HOMEMAKER GOAL:
If the vocational goal is amended during the rehabilitation program or at closure from competitive employment to homemaking, the counselor shall show on the IWRP amendment:
(Revised 4/96)
13.04 UNPAID FARM OR FAMILY WORKER AND OTHER 13.04-1
HOMEBASED EMPLOYMENT
DEFINITIONS:
Unpaid farm or family work is work performed in a family business, farm or ranch for which the individual receives room and board in lieu of all or most of the wages due.
Home based employment is work performed at home either under contract or for piece rate.
REQUIREMENTS:
Unpaid farm or family work or homebased employment may be specified as the vocational goal when:
(Revised 4/96)
13.05 EXTENDED EMPLOYMENT 13.05-1
DEFINITION:
Extended employment is placement in a facility that pays wages commensurate with work produced in a sheltered environment. It is appropriate as a vocational goal for clients whose disability and functional limitations preclude competitive employment.
REQUIREMENTS:
Extended employment may be specified as the vocational goal on an IWRP when:
1. The client is expected to make a satisfactory adjustment to the extended
work environment, and the facility can reasonably assure funds are available
to support placement.
2. The employer is able to meet the guidelines outlined below and is able to
document them, and
3. the client is not expected to be able to compete in the competitive labor
market.
WORK ACTIVITY AND EXTENDED EMPLOYMENT:
The Department of Labor definition of "Work Activity" and "Extended Employment" are not applicable to DVR. As long as the client's employment meets the conditions set forth below, the case may legitimately be closed in extended employment, regardless of the amount of wages the client is earning.
For DVR purposes, there is no difference between work activity and extended employment.
GUIDELINES:
1 . Baseline data should be used to establish intermediate objectives on the IWRP.
2. Baseline data must be obtained on productivity, earnings potential, time on task and work behaviors.
(Revised 10/97)
13.05-2
3. The client must show 100% improvement in ability to perform extended
work from initiation of services to closure as measured by quality of work,
time on task, or a combination of these or other appropriate baseline
measures.
4. The facility providing the extended employment will keep records on those
measures identified in the baseline data and include these measures in
monthly reports.
ANNUAL REVIEWS:
At least annually, the counselor must complete a review of a client's case closed "26" in extended employment, with input from the client, to determine the interests, priorities, and needs of the client for employment in, or training for, competitive employment in an integrated setting.
During the annual reviews, the counselor shall:
1. Assess the client's current performance (earnings, time on tasks, work behavior).
2. Compare this with performance at closure.
3. Discuss with the work shop supervisor and the client the potential for
competitive employment and Vocational Rehabilitation services that may be
necessary to achieve this.
For purposes of assessment, a contact with the facility should be made to obtain an overview of the client's current functioning. If there are indications that the client may no longer be appropriate for extended employment, the case should be opened in status 02 and a more in-depth assessment shall be done. A contact report shall be done to document the results of the annual review.
(Revised 10/97)
13.06 SELF EMPLOYMENT 13.06-1
DEFINITION:
Self employment is a vocational option which may be considered in the wide array of employment options available to an individual. This option recognizes that self employment is more prevalent in rural areas and that people with a work disability tend to be self-employed at rates higher than individuals without a work disability. The decision to support a self employment plan will be based upon a variety of factors including but not limited to; client choice, total start-up costs, viability of the business plan, potential for other financial resources and counselor judgment.
It is the Division of Vocational Rehabilitation's policy to provide clients with vocational rehabilitation services leading to competitive employment opportunities in integrated work settings such as self employment when the counselor and client have explored potential options and determined that self-employment is the best course of action leading to a successful vocational outcome.
SCOPE:
When it is determined that self employment is the most viable option leading to employment, the following services may be provided to achieve this goal:
• Assistance in preparing a business plan;
• Assistance in preparing loan applications or other business related documents;
• Assistance in identifying and obtaining available comparable benefits;
• Provision of cost services such as adaptive equipment needed to operate the business, initial advertising costs, initial business insurance premiums and other start up expenses, purchase of initial business stock, tools, licenses and supplies.
EVALUATION CRITERIA
Consumers requesting vocational rehabilitation services in support of self employment shall possess or be capable of meeting the following criteria:
1. Formal training in the occupational area being considered for self employment.
2. A minimum of one year paid work experience in the occupational area being considered for self employment.
13.06-2
1. A minimum of one semester of formal education or 6 months of work experience and or specialized training in at least two of the following:
Equivalent education, training, and or experience may be substituted for any of the requirements when a Small Business Consultant has reviewed the clients education, training, and/or experience and has provided a written recommendation to the counselor on the clients ability to initiate, resume, or sustain self employment.
Training, experience and educational requirements may be waived by the area supervisor where there is sufficient and compelling evidence that the client has the capacity and skills to operate and manage a small business enterprise such as a cottage industry or home based operation. Factors to consider:
1. Physical and mental capacities: Analysis of actual work requirements considering the clients' physical and mental abilities; work history; availability of family member or others to provide assistance.
2. Marketing: Formal or informal market analysis prior to starting the business; clients' ability to carry out marketing activities as necessary to maintain the business.
3. Sound revenue and expense projections prior to starting the business (See Business Plan Requirements).
4. Record Keeping: Ability to keep accurate records, knowledge of tax and other State and Federal reporting requirement.
5. Inventory and Supplies: Projecting the need for initial stock, equipment and supplies, maintaining inventory, purchasing, etc.
6. Overall management skills; organization and planning; self motivation and independence.
13.06-3
BUSINESS PLAN
A Business Plan must be developed to determine the feasibility of self employment as a vocational goal as well as to determine the basis for the IPE or amendment.
Providing that the conditions specified exist, the client shall complete a proposed self employment plan that shall include all of the following elements:
CONSULTATION
In all cases, unless waived by the Area Supervisor, the Business Plan shall be reviewed by an independent business consultant with the education, training, work experience, and expertise to provide this service. Consultation may be obtained at any point to determine:
proposed business;
the client to be self supporting by the end of the first year of operation.
The small business consultant shall prepare a written report and submit to the counselor with his/her recommendation. If the Small Business Consultant concludes that the self-employment proposal is not likely to succeed, the reason shall be set forth in a written report.
Clients shall complete the Agency's small business forms ( PPI-99-03) prior to the
development of an Individualized Plan for Employment (ILPE) or amendment for self
employment. This may consist of an evaluation of written information, skills,
experiences, training or other factors. The Business Plan will be reviewed and
13.06-4
evaluated by a paid small business consultant in order to permit the consumer and
counselor to arrive at an informed decision regarding the viability of the vocational
objective.
CLIENT RESPONSIBILITIES
a) The client shall participate in the evaluation and analysis of the proposed self-employment by appropriate public or private entities recommended by the Small Business Consultant.
b) The client shall complete a "Start Up Small Business", "Established Small Business" and/or "Forecast of Annual Income and Expenses" forms as part of the department's evaluation process.
c) The client shall make available to the Small Business Consultant and/or the rehabilitation counselor pertinent financial records necessary to properly evaluate self-employment, e.g. profit and loss statements.
d) If the client's proposed plan for self-employment is implemented, then the consumer shall file a profit and loss statement each month the business is in operation or until case is closed.
e) The client shall maintain routine contact with the counselor. Routine contact means a minimum of one personal contact per month for the duration of the plan.
f) The client shall fully cooperate with an auditor or other professional consultant, as appropriate, to assess and resolve financial or technical business problems that endanger the success of a business.
g) Failure on the part of the client to fully cooperate with his/her counselor
will result in termination of the self-employment plan. If the consumer
disagrees, the counselor shall inform the consumer of the right to a
supervisory or Administrative Review or Fair Hearing.
COUNSELOR RESPONSIBILITIES
13.06-5
1. Will forward the completed small business form(s) to the Small Business Consultant for an evaluation and written report.
2. If the proposed business is recommended by the Small Business Consultant and the counselor concurs, the counselor prepares an Individual Plan of Employment with written justification for approval by the Area Supervisor which includes:
A. A description of the self-employment objective.
B. Statement that the client possesses all of the required education,
training and work experience, or equivalent education,
training or work experience, unless waived by the
Area Supervisor.
C. An analysis of the self-employment proposal and likelihood that the business will be financially successful.
D. A listing of services needed for the IPE including the consumer's resources and anticipated contributions.
b) Counselors may, as part of the preliminary and/or ongoing assessment:
1 . Obtain a credit check for the consumer if the client intends to apply
for a business loan or expects to purchase goods on credit.
2. Arrange for an audit of the client's business records when there is agreement that professional assistance is needed to assess and resolve financial and record keeping problems of the business.
3. Arrange for expert consultation to assist the client for a specific purpose, e.g. to improve a marketing or advertising plan, etc.
Note: Small Business Consultants, with appropriate expertise, may be hired to provide services in (2) and (3) above if no comparable services are available.
BUSINESS CONSULTANT'S RESPONSIBILITIES
(a) Small Business Consultants will be a paid consultant. Rehabilitation supervisors will evaluate resumes, interview consultants and negotiate fees if necessary. Consultants should have a college degree, preferably with a major in business administration or closely related field or extensive experience in the proposed area of Self-Employment. They must have experience in evaluating, writing and implementing business plans.
13.06-6
(a) The Small Business Consultant shall review the appropriate small business form(s) to, determine:
(1) If the client possesses the required training, work experience or
business courses.
(2) The thoroughness and soundness of the client's business plan.
(3) The sufficiency of the clients skills and resources to succeed in the proposed business.
(4) The likelihood that the proposed market area will support the business.
(5) Feasibility of a new business producing an increasing net profit by the end of the Last quarter of the first year of operation. Typically, the estimated net monthly income (profit) at the end of the first year of business operation shall be sufficient to meet the client's monthly living needs when combined with other income available to the consumer.
(6) For established business, the consultant will assess the likelihood of Departmental services assisting the client to continue or regain operating a business which will generate sufficient income to meet the client's needs when combined with other available income.
(c) The Small Business Consultant may, if appropriate, arrange to interview the client to obtain further information to more thoroughly assess the business plan or the client's qualifications.
(d) The Small Business Consultant shall prepare a written report. If recommendations are made to the counselor for further work, these should be followed by the counselor, e.g. client to seek technical assistance from a Service Corps of Retired Executives (SCORE) representative, or attend specific workshops, seminars or courses.
(e) If the Small Business Consultant concludes that the self-employment proposal is not likely to succeed, the reasons shall be set forth in a written report. If the counselor concurs with the Small Business Consultant, the client will be informed of the reasons why the Division will not support the proposed self-employment, in writing, including the client's right to supervisory and administrative review and right to a fair hearing before the Agency Director.
13.06-7
ECONOMIC NEEDS TEST
The Agency's policy is to provide eligible individuals with vocational rehabilitation services leading to competitive employment opportunities including self employment in an expeditious yet cost effective manner. An Economic Needs Test must be applied to determine to what extent the client can participate in the costs of their rehabilitation program. In Cases where it is appropriate; and client requests assistance, the counselor should assist the client to access or leverage funding from other sources such as the Small Business Administration, ACCION, WESTCORP, or other private lending agents.
GUIDELINES FOR SUCCESSFUL CLOSURE
The following guidelines will be utilized by counselor to determine that the client has achieved a successful vocational outcome:
1. The provision of services under the individuals IPE has contributed to the outcome.
2. The employment outcome is consistent with the individuals strengths, resources, priorities, abilities, interest, and informed choice.
3. The employment outcome is in an integrated setting.
4. The individual has maintained employment for at least 90 days; and
5. At the end of the of appropriate time period, the client and counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on the job. The evaluation should take into account the following:
14.00 SUPPORTED EMPLOYMENT 14.00
14.01 REQUIREMENTS 14.01-1
PURPOSE:
To provide individuals with the most severe disabilities supported employment services which will enable them to obtain or retain competitive employment.
DEFINITIONS:
SUPPORTED EMPLOYMENT:
Is competitive work in an integrated work setting with ongoing support services for individuals with the most severe disabilities for whom competitive employment:
1 . has not traditionally occurred; or
2. has been interrupted or intermittent as a result of severe disability, and
3. who, because of the nature and severity of their disability, need intensive
supported employment services from NMDVR and extended services after
transition in order to perform work.
INDIVIDUALS WITH THE MOST SEVERE DISABILITIES:
Supported employment is specifically designed to overcome impediments to employment for persons with the most severe disabilities. Persons with the most severe disabilities means an individual with a disability who meets the following conditions:
1. has a severe physical or mental impairment, which in terms of an
employment outcome, significantly impedes the individuals functional
capacities in two or more areas (e.g. mobility, communication, self, care,
self-direction, interpersonal skills, cognitive ability, or work tolerance); and
2. for whom competitive employment has not traditionally occurred or has been
interrupted or intermittent; and
(Revised 10/97)
14.01-2
3. whose vocational rehabilitation can be expected to require multiple and intensive vocational rehabilitation services in order to result in an employment outcome.
COMPETITIVE WORK:
Competitive work, for the purpose of supported employment, means work in an integrated setting, with on-going support services, for individuals with the most severe disabilities. This includes transitional employment for individuals with the most severe disabilities due to mental illness.
Competitive employment, at the time of transition, is work performed weekly on a full or part time basis, as determined in each IWRP, and for which the individual is compensated in accordance with the Fair Labor Standards Acts.
TRANSITIONAL EMPLOYMENT FOR INDIVIDUALS WITH CHRONIC MENTAL ILLNESS:
Means a series of temporary job placements in competitive work in an integrated work setting with on-going support services for individuals with the most severe disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placement until job permanency is achieved.
INTEGRATED WORK SETTING:
Means job sites where:
1. Most coworkers are not disabled; and
2. an individual with the most severe disabilities interacts on a regular basis, in
the performance of their job duties, with employees who are not disabled;
and
3. if an individual with the most severe disabilities is part of a distinct work
group of only individuals with disabilities, the work group consists of no
more than eight individuals; or
(Revised 10/97)
14.01-3
4. if there are no other employees or the only other work group employees are
individuals with the most severe disabilities, the individual, with the most
severe disabilities interacts on a regular basis, in the performance of the job
duties with individuals who are not disabled, including members of the
general public.
The interaction required by this section MAY NOT be satisfied by contact between an individual with the most severe disabilities and individuals who provide ongoing support services at the job site.
ONGOING/EXTENDED SUPPORT SERVICES:
Means services that are needed to support and maintain an individual with the most severe disabilities in supported employment, based on a determination by the VR counselor of the need for these services. These services must be specified in an IWRP. On-going support services may include Natural Supports. The on-going support services must be provided by DVR from the time of job placement until transition to extended services and following transition, by one or more extended service providers, throughout the individuals term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment.
On-going support services must include, as a minimum, twice-monthly monitoring at the work site of each individual in supported employment to assess employment stability, unless requested by the individual or stated in the IWRP that such monitoring be done off-site. If off-site monitoring is determined to be appropriate, it must, at a minimum, consist of two meetings with the individual and one contact with the employer each month.
Programs which provide assessment and training on the job site but do not provide on-going support would be considered time-limited services rather than supported employment (unless they meet the specific requirements of transitional employment for persons with chronic mental illness). Periodic follow-up of individuals who do not require ongoing assistance in order to maintain employment is not considered supported employment.
EVALUATION OF REHABILITATION POTENTIAL FOR SUPPORTED EMPLOYMENT:
Means an assessment for determining eligibility and vocational rehabilitation service needs. Relevant information should be utilized, including information obtained to evaluate basic vocational rehabilitation potential, to determine eligibility
(Revised 10/97)
14.01-4
for supported employment. An additional evaluation of rehabilitation potential is unnecessary if the counselor has sufficient information to determine eligibility and develop an Individualized Written Rehabilitation Program. This assessment is a comprehensive assessment utilized to determine eligibility for Supported Employment Services. The assessment is considered to be a diagnostic service purchased out of Title I funds.
SUPPLEMENTAL ASSESSMENT:
Means an assessment that is supplemental to the comprehensive assessment of Rehabilitation Potential and that is provided subsequent to the development of the Individualized Written Rehabilitation Program. Supplemental assessments may be provided in those circumstances, such as, where a reassessment of the suitability of the clients placement is needed or if there is a change in the individuals medical condition.
JOB SKILLS TRAINER/JOB COACH:
Is an individual that develops jobs, matches the individual with the most severe disability to the job, trains the individual on the job until performance criteria are met, and provides ongoing follow-up support as long as it is necessary.
NATURAL SUPPORTS:
Means using coworkers, supervisors, friends and/or family members, at the work site, to assist an individual in completing tasks and solving problems that facilitate integration into the integrated work setting.
CHRONIC MENTAL ILLNESS:
Means an individual with a 500 or 510 coding for the primary disability according to the DVR Statistical Manual.
INTEGRATION:
Integration means that supported employment workers will have opportunities for interaction with non-disabled workers and the general public. The interaction requirement may not be satisfied by contact between an individual with the most severe disabilities and individuals who provides on-going support services at the job site.
Other terms not specifically defined in this section are the same as those defined elsewhere in the Manual of Operating Procedures.
(Revised 10/97)
14.05 CASE CLOSURE 14.05-1
REQUIREMENTS:
The procedure in Section 15.00 should be followed regarding case closure for supported employment.
GUIDELINES:
1. The closure statuses and requirements discussed in Section 15.00 apply for those individuals found eligible or ineligible for supported employment.
2. For a 26 closure, the client must have achieved and maintained suitable
supported employment, in an integrated work setting, for at least 90 days,
and:
ANNUAL REVIEWS REQUIRED:
For those cases determined to have achieved an employment outcome in extended employment or other employment, under section 14(c) of the Fair Labor Standards Act, the case must be reviewed and re-evaluated at least annually to determine the interests, priorities, and needs of the individual for employment in, or training for, competitive employment in an integrated setting in the labor market.
(Revised 10/97)
14-05-2
This review or re-evaluation must include input from the individual or, as appropriate, the individual's representative.
The case should be re-opened and services provided under a new IWRP, if it is determined that the individual is capable of moving from extended employment (or other employment under section 14(c) of the Fair Labor Standards Act) to integrated employment, including supported employment.
(Revised 10/97)
14.01-5
INDIVIDUALS WITH THE MOST SEVERE DISABILITIES:
Supported employment is specifically designed to overcome impediments to employment for persons with the most severe disabilities. Persons with the most severe disabilities means an individual with a disability who meets the following conditions:
1) has a severe physical or mental impairment, which in terms of an
employment outcome, significantly impedes the individuals functional
capacities in two or more areas (e.g. mobility, communication, self,
care, self-direction, interpersonal skills, cognitive ability, or work
tolerance); and
2) for whom competitive employment has not traditionally occurred or has
been interrupted or intermittent; and
3) whose vocational rehabilitation can be expected to require multiple and
intensive vocational rehabilitation services in order to result in an
employment outcome.
Other terms not specifically defined in this section are the same as those defined elsewhere in the Manual of Operating Procedures.
(Revised 4/96)
14.02 ELIGIBILITY 14.02-1
OVERVIEW:
Eligibility for supported employment is based upon the condition that the individual is an individual with the most severe disability(s) for whom competitive employment (as defined in this section) has not traditionally occurred or has been interrupted or intermittent as a result of the disability(s) and has been determined by an evaluation of rehabilitation potential to have:
- the ability or potential to engage in a training program leading to supported employment;
- a need for ongoing support services in order to perform competitive work (as defined in this section);
- the ability to work in a supported employment setting;
- and for whom a long term funding source is identified or for whom there is a reasonable expectation that sources will become available at the time of transition to extended services.
DEFINITION:
An eligible client for supported employment is an individual who has met the following criteria:
I. The individual has a severe physical or mental disability
which meets the definition of being an individual with the
most severe disability; and
II. which for the individual constitutes, or results in, a substantial impediment to employment; and
III. the individual can benefit in terms of an employment outcome from vocational rehabilitation services; and
IV. for whom competitive employment has traditionally not occurred or has been interrupted or interment as a result of a severe handicap; and
(Revised 4/96)
14.02-2
V. who because of the nature and severity of their disability, need intensive
supported employment services from NMDVR and extended services
after transition in order to perform work; and
VI. vocational rehabilitation services are required in order for the individual to prepare for, enter, engage in, or retain gainful employment.
GUIDELINES:
1. All the Guidelines and Action Steps in Sections 4.01, 4.02, 4.03, and 4.04
apply to Supported Employment.
2. The individual must also meet the eligibility and other criteria for supported
employment as defined in this section.
3. The individual must be in need of job skills training services at least twice
monthly at the work site, unless it is requested by the individual and stated
in the IWRP that such monitoring be done off-site.
4. For persons with chronic mental illness, supported employment services do not
have to include job skill training, however, services must be provided at least
twice monthly.
5. The individual must be compensated according to the Fair Labor Standards
Act.
6. Funding for on-going support services after successful case closure will differ
depending upon the case and the source of funding. Individual arrangements
for on-going funding may be made by the counselor, as well as other funding
arrangements made available by the agency through cooperative or other
agreements.
(Revised 4/96)
14.02-3
7. A letter verifying long term support must be obtained from the long term
service provider and filed in the case file, or a statement as to how the
counselor has determined that there is a reasonable expectation that sources
will become available by the time the client is transitioned to extended
services.
8. If the individual is determined ineligible for supported employment, then the
Guidelines, Reasonable Effort to Contact and Closure Prior to Eligibility
Determination in Section 4.05-2 apply to supported employment.
9. If an individual is determined ineligible for supported employment, it is
appropriate to give the individual full consideration for eligibility for the basic
vocational rehabilitation program.
(Revised 4/96)
14.03 SCOPE OF SERVICE 14.03-1
OVERVIEW:
Supported employment services are outlined in federal law and regulations and are specific to assisting individuals with the most severe disabilities to become competitively employed in supported employment.
SERVICES:
The following services may be provided under supported employment:
Supplementary evaluations subsequent to the development of an IWRP if needed in circumstances such as to reassess the suitability of the placement or if there is a change in the individuals medical condition.
GUIDELINES:
1. The counselor may provide services directly or utilize a job coach/job skills trainer, as well as others, as appropriate, to provide supported employment services.
(Revised 4/96)
14.03-2
2. Other goods and services that may be provided, are those services defined in
Section 80 through 17.00, as appropriate.
3. Individuals provided supported employment services shall be afforded the
same basic rights; protection, use, and release of information; and opportunity
for a fair hearing as outlined in Section 17.03.
4. The counselor may provide "personal assistance services" which include those
services designed to assist an individual with a disability to perform daily
living activities on or off the job that an individual would typically perform
if the individual did not have a disability. Such services shall be designed to
increase the individuals control in life and their ability to perform everyday
activities on or off the job.
PAYMENT FOR SERVICES:
Payment for supported employment services are governed by the case service authorization and expenditure procedures described in the Fiscal Manual.
(Revised 4/96)
14.04 INDIVIDUALIZED WRITTEN REHABILITATION 14.04-1
PROGRAM FOR SUPPORTED EMPLOYMENT
BASIC REQUIREMENTS:
An IWRP for supported employment is the basis for providing supported employment services and should follow the procedures described in Section 7.00.
GUIDELINES:
1. An IWRP for vocational rehabilitation may be amended to provide supported
employment services.
2. An IWRP or IWRP amendment for supported employment services (Status
18) should not exceed 18 months in duration. Under special circumstances
and if necessary, a longer period may be utilized in order to achieve job
stabilization. This must be jointly agreed to by the individual and the
rehabilitation counselor and established in the individualized written
rehabilitation program. The 18 month time period for these services begins
when the client is moved into service status, typically status 18.
3. The IWRP services section shall include a description of the long term services
that will be provided to the client following case closure.
4. The IWRP shall identify the State, Federal, or private program(s) that will be
providing the long term funding or the counselor will document in the contact
notes the rationale to support that there is a reasonable expectation that such
sources will become available.
5. Although the counselor may utilize statuses 14 and/or 16 where appropriate,
most cases will move from status 12 to status 18 because training/job coaching
will be the primary service where other secondary services may also be
provided.
6. Services provided to individuals who are also eligible for services under the
Individuals with Disabilities Act and/or the Developmental Disabilities Act
shall be coordinated. As appropriate, a statement in the vocational goal
section of the IWRP shall describe how the program has been coordinated
with services planned under an existing Individualized Education Plan (IEP)
or Individualized Habilitation Plan (IHP).
(Revised 4/96)
14.06 DOCUMENTATION 14.06-1
BASIC REQUIREMENTS:
The procedures described in Section 18.00 apply to the documentation requirements for supported employment.
(Revised 4/96)
14.07 POST EMPLOYMENT SERVICES 14.07-1
BASIC REQUIREMENTS:
The procedures outlined in Section 16.00 apply to the provision of post employment services for supported employment.
GUIDELINES:
1. Post employment services may be necessary after successful supported
employment rehabilitation has occurred and are not a part of the 18 month
period for supported employment services.
2. The provision of post employment services include those discrete services
following transition that are unavailable from an extended services provider
or by the employer and are necessary to maintain the job placement, such as
job station redesign, repair and maintenance of assistive technology, and
replacement of prosthetic and orthotic devices.
(Revised 4/96)
16.00-2
GUIDELINES:
The provision of post-employment services must include the following:
1. Counseling and guidance as an essential service.
2. Appropriate and substantial services to maintain suitable employment.
3. Economic needs requirement must be applied.
4. Comparable services and benefits should be utilized to the maximum
benefit possible.
5. The functional limitations that prevent the client from maintaining
suitable employment shall be addressed.
DOCUMENTATION:
Post-employment services must be documented on an IWRP amendment, and the counselor shall state:
OUTCOMES:
1. Status 34 indicates client maintained employment.
2. Status 36 indicates client did not maintain employment.
(Revised 4/96)
16.00 POST EMPLOYMENT SERVICES 16.00-1
DEFINITION:
Post-employment services (status 32) are any VR services provided to a client closed rehabilitated (status 26) for the purpose of helping the client maintain suitable employment.
RE-OPENING THE CASE:
Where a complete rehabilitation process, or an additional comprehensive effort unrelated to the IWRP, is required, a new case shall be opened and a new eligibility determination made.
This action is indicated if:
TIME RESTRICTIONS:
Post-employment services may be provided any time after a case is closed rehabilitated (status 26). There is no time restriction on post-employment services.
SCOPE:
1. Any services which can be provided under a regular IWRP may also be
provided as post-employment services, with the same requirements.
2. Medical care for acute conditions cannot be provided under post
employment services.
(Revised 4/96)
CLOSURE REFERENCE GUIDE 15-05-3
CLOSURE DOCUMENTATION
| Closure | 08 | 08, 28, 30 | 08 | 08, 30 | 08, 28 | 26 |
| From | 00 | Any Status | 02 | 02, 10,12 | 02, 10, 12 | 26 |
| Reason | Any Reason | Client unavailable | Ineligible, No Impairment, No Voc. Impediment, or Services not required | Ineligible Cannot Benefit | Ineligible Cannot Benefit | Successful Rehab |
| Required Documentation | ||||||
| CR Documenting Reason for Closure | ||||||
| CR Documenting Reasonable Effort to Contact | ||||||
| Discussion of Closure with Client | ||||||
| Closure Notification to Client | Closure Amendment will suffice | Closure Amendment will suffice | ||||
| Notification to Referral Source as Applicable | ||||||
| Statement of Eligibility | ||||||
| Clearing of Outstanding Authorization | ||||||
| IWRP Amendment | ||||||
| Review of Equip. for Title Transfer or Return | ||||||
| Closure in Tickler for Annual Review | Extended Employment Only | |||||
| Close through DVRNET |
*Not Required if deceased or unable to locate.
(Revised 4/96)
15.05-2
-face meeting or by telephone. If the issue(s) raised are resolved through informal dispute resolution, the client and counselor shall advise the impartial hearing officer and the DVR Attorney of the resolution reached.
CLIENT ASSISTANCE PROJECT:
Clients are advised that they may receive assistance in their contact with DVR, including fair hearings, from the Client Assistance Project (Section 17.01).
(Revised 4/96)
15.05 CLOSURE NOTIFICATION 15.05-1
BASIC REQUIREMENTS:
1. Closure documentation, including the closure amendment, must be sent to
clients when their cases are being closed as indicated in the Reference Guide
or Closure.
2. Client Appeal Rights must be included with all closure documentation sent to
clients.
CLIENT APPEAL RIGHTS:
Any counselor decision regarding the handling of an applicant or client's case is subject to challenge by the applicant/client. An applicant/client must raise the issue(s) regarding any counselor decision within forty-five (45) days of the decision. Failure to raise the issue within forty-five (45) days of the decision shall result in loss of the appeal right.
WRITTEN REQUEST FOR FAIR HEARING:
Within forty-five (45) days of the disputed decision, the applicant/client may request a fair hearing before an impartial hearing officer appointed by the DVR Director. This request must be made in writing and addressed to the agency Director. The request must include a statement of the counselor decision(s) being challenged and the date of the decision.
FAIR HEARING PROCEDURES:
The DVR Director will appoint an impartial hearing officer. The impartial hearing officer shall schedule a pre-hearing conference (which may be held in person or by conference call) with the applicant/client and the DVR Attorney, wherein the impartial hearing officer shall explain the procedures contained in DVR General Policy 059, clarify the issues to be considered in the fair hearing and set the date, time and place for the fair hearing.
INFORMAL SUPERVISORY/ADMINISTRATIVE REVIEWS:
In accord with the DVR policy of dispute resolution at the local level, supervisory/administrative staff may continue attempts to resolve client grievances prior to the conduct of a fair hearing. This may be accomplished through a face-to
(Revised 4/96)
PROCEDURES: 15.04-2
The procedures for Status 30 closures are the same as those for Status 08 closures from Status 02 (Section 15.01) for each of the reasons cited above. (See Reference Guide for Closure Documentation.)
GUIDELINES:
1. An IWRP amendment is not required.
2. If declared ineligible, a Statement of Eligibility is required.
(Revised 4/96)
15.04 STATUS 28 & 30 CLOSURES 15.04-1
STATUS 28 CLOSURES:
This closure status is used after the client has been declared eligible and services have been initiated under an IWRP. Clients are closed in Status 28 from Statuses 14, 16, 18, 20, 22 or 24 when:
0 The client becomes unavailable for further services (Section 4.06).
0 It is determined that the client can no longer benefit from VR services in terms of an employment outcome, and the client is declared ineligible.
PROCEDURES:
The procedures for 28 closures are the same as those for 08 closures from Status 06 (Section 15.01) for each of the closure reasons cited above. (See Reference Guide for Closure Documentation.)
GUIDELINES:
1. An IWRP amendment and Statement of Eligibility is required only if the client
is closed as ineligible. If the client dies, moves out-of-state, declines further
services, or otherwise becomes unavailable, an amendment is not required.
2. Prior to closure, the counselor shall review all equipment purchases made for
the client to determine if the equipment should be returned to DVR.
STATUS 30 CLOSURE:
This closure status is used after the client has been declared eligible for VR services, but prior to the initiation of services under an IWRP. Clients are closed in Status 30 from Status 10 or 12 when:
0 The client becomes unavailable for VR services (Section 4.06).
0 The client is declared ineligible because there is no longer an expectation that the client can benefit from VR services in terms of an employment outcome.
(Revised 4/96)
ANNUAL REVIEWS REQUIRED: 15.03-3
For those cases determined to have achieved an employment outcome in extended employment or other employment, under section 14(c) of the Fair Labor Standards Act, the case must be reviewed and re-evaluated at least annually to determine the interests, priorities, and needs of the individual for employment in, or training for, competitive employment in an integrated setting in the labor market.
This review or re-evaluation must include input from the individual or, as appropriate, the individual's representative.
The case should be re-opened and services provided under a new IWRP, if it is determined that the individual is capable of moving from extended employment (or other employment under section 14(c) of the Fair Labor Standards Act) to integrated employment, including supported employment.
(Revised 10/97)
EXCEPTIONS 15.03-2
If the client accepts a job that is contraindicated by the disability, not commensurate with the client's abilities, in a different field from that for which he was trained, or is otherwise unsuitable, the counselor may still consider it a successful rehabilitation if:
CLOSING THE CASE:
STEP: ACTION:
1. Validate through the client or employer (verbally or in writing) that the client has achieved suitable employment for at least 90 days, assuming other criteria have been met.
2. If the client has obtained competitive employment, verify, and document in
the case file, that the client is being compensated at or above the minimum
wage and that the individual's wage and level of benefits are not less than
that customarily paid by the employer.
3. Discuss the closure with the client and determine the need for post
employment services (See Reference Guide - Closure Documentation).
4. Cancel or pay any outstanding authorizations.
5. Complete the closure amendment (Section 7.03).
6. Obtain supervisory approval and send a copy of the closure amendment to
the client.
7. Assign equipment title to client as applicable (Section 8.05).
8. Complete closure screens in DVR NET.
(Revised 10/97)
15.03 STATUS 26 CLOSURE 15-03-1
REQUIREMENTS:
Cases may be closed in Status 26 (successful rehabilitation) from Status 22, and are determined to have achieved an employment outcome when the following criteria have been met:
1. The client has maintained employment for at least 90 calendar days.
2 The provision of services under the individual's IWRP has contributed to the
achievement of the employment outcome.
3. The employment outcome is consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities, interests, and informed
choice.
4. The employment outcome is in the most integrated setting possible,
consistent with the individual's informed choice.
5. The individual and the counselor consider the employment outcome to be
satisfactory and agree that the individual is performing well on the job.
SUITABLE EMPLOYMENT:
Employment is considered suitable for purposes of successful (26) closure when the client has worked at least 90 days and:
1. The client and employer(s) are both satisfied.
2. Employment is not contraindicated by the client's disability and does not
present a potential hazard to the client or others.
3. Employment is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice.
4. Employment is reasonably regular/permanent and wages paid are
commensurate with wages paid to others for similar work.
5. The provision of VR services contributed in the client's ability to make a
satisfactory vocational adjustment.
(Revised 10/97)
15.02 STATUS 24 – INTERRUPTED STATUS 15.02-1
GUIDELINES:
This status is appropriate any time after an IWRP has been initiated and services are temporarily interrupted.
1. Medical problems requiring withdrawal from school for a semester, or family
crisis that requires the client to discontinue the rehabilitation program for a
temporary period of time.
2. Counselor must maintain contact with the client as appropriate.
3. Reasonable effort to reinstate services must be documented in a contact
report.
4. Only diagnostics, and counseling and guidance may be provided in this status.
5. When the interruption is expected to be long term or of an indefinite period
of time, it may be advisable to close the case and re-open a new case when the
problem is resolved.
(Revised 4/96)
15.01-3
7. If the client is declared ineligible because it has been determined that the client cannot benefit from VR services in terms of employment outcomes, the case must be reviewed no more than 12 months from date of closure.
STATUS 08 FROM STATUS 06:
Cases may be closed in Status 08 from Status 06 when:
1. The client becomes unavailable (Section 4.06).
2. The client is declared ineligible because it has been determined that the client cannot benefit from VR services in terms of an employment outcome.
STEP: ACTION:
1-7. Same as for 08 closures from Status 02.
8. If the client is declared ineligible because it has been determined that
the client cannot benefit from VR services in terms of an employment
outcome, an IWRP amendment is required showing the outcome of the
provision of services under the IWRP.
(Revised 4/96)
15.01-2
STATUS 08 FROM STATUS 02:
A case is closed from Status 02 when client is:
1. Unavailable for Vocational Rehabilitation services (Section 4.06).
2. Ineligible for Vocational Rehabilitation services (Section 4.06).
CLOSING CASES FOR UNAVAILABILITY:
STEP: ACTION:
1. Document in a contact report the reason for closure. (See Reference Guide for Closure Documentation.)
2. Send written notification informing the client of:
3. Cancel or pay any outstanding authorizations.
4. Complete closure through DVR NET.
CLOSING CASES AS "INELIGIBLE":
When closing cases from Status 02 to Status 08 as "ineligible", follow the above procedures, and in addition:
STEP: ACTION:
5. Make certain that requirements in Section 4.06 have been met, including
consultation with the client.
6. Complete the Statement of Eligibility.
(Revised 4/96)
15.00 CASE CLOSURE 15.00
15.01 08 CLOSURE 15.01-1
STATUS 08 FROM STATUS 00:
A case is closed in Status 08 from Status 00 when the client has:
1. Responded to contact and a determination is made that application is not appropriate.
2. Not responded to "reasonable effort" by the counselor to contact the client (Section 2.00).
NOTIFYING THE REFERRAL SOURCE:
It is generally a good practice to give feedback to the referral source as to the outcome of the referral. This can be done verbally or in writing. Such feedback should be noted in a contact report.
CLOSING THE CASE:
STEP: ACTION:
1. "Reasonable effort" to contact (Section 2.00).
2. Document the reason for closure (See Reference Guide for Closure Documentation).
3. Complete the closure through DVR NET.
(Revised 4/96)
17.00 CLIENT RIGHTS AND RESPONSIBILITIES 17.00
17.01 BASIC RIGHTS 17.01-1
DVR POLICY:
The basis for our entire program, in fact the very reason for its existence, is to assist
persons with disabilities with their rehabilitation. Our mission of service and
accountability to the public is of utmost importance and every staff member is
expected to treat the public in a manner that dearly embodies this principle.
CIVIL RIGHTS:
All clients of the Division of Vocational Rehabilitation have the right to fair and equitable treatment without regard to race, sex, age, color, national origin or disability.
PROGRAM ACCESS:
DVR is required to make its programs accessible to disabled persons. This means that all offices are physically accessible and that other reasonable accommodations necessary to enable disabled persons to take advantage of DVR programs are made.
CLIENT ASSISTANCE PROGRAM:
The Client Assistance Program is a federally mandated program established to act
as advocates for DVR clients. The Program has no administrative attachment to
DVR.
Clients can receive assistance in resolving disputes with the Agency, including representation at administrative reviews and fair hearings.
(Revised 4/96)
17.01-2
INFORMING CLIENTS OF CAP:
Clients must be informed of resources available to them at three points in the
rehabilitation process:
| Inform Client of CAP When | Documentation |
| Application (DVR-1) is signed | Client signature on back of application |
| Original IWRP is signed | Client signature on IWRP |
| Case is closed in any closure status: 08, 26, 28 or 30. | Closure letter to client or IWRP amendment if required. (Section 15.05) |
SPECIAL COMMUNICATION NEEDS STAFFING:
DVR must accommodate special communication needs in both written and oral communication. This means that:
NON-LEGAL RIGHTS:
In addition to legal rights, applicants or clients of the New Mexico DVR have the right to:
(Revised 4/96)
17.01-3
(Revised 4/96)
17.02 PROTECTION, USE AND RELEASE OF INFORMATION 17.02-1
CONFIDENTIALITY:
All information obtained by the Division of Vocational Rehabilitation will be held confidential and will not be given to any person or agency without written consent of the client except by order of the court. In addition, confidentiality should be discussed with the client during the initial interview.
REQUEST FOR INFORMATION:
When information concerning the client is requested from another agency, the Request for Information form should be completed and then the client’s signature obtained. Requests for information should be for a specific reason, such as determination of eligibility, provision of restoration services or other reasons related to the rehabilitation process.
It is important during the initial interview to identify any potential sources of pertinent information and complete the Request for Information at that time.
CASE FILE INFORMATION:
Information in a case file may be divided into two categories.
1. Information or reports generated by DVR, including reports of evaluations or
treatment that were performed at the request of DVR and paid for by DVR.
2. Information released to DVR by another individual or agency which was not
for purposes originally related to a rehabilitation program, but later requested
for reasons related to a rehabilitation program, such as previous school or
hospital records.
USE OF INFORMATION:
Information generated by DVR (category #1 above) may be released to any other agency or individual with the written consent of the client.
Information not generated by DVR (category #2 above) but contained in the case file through request to another agency may not be further released even with the client's permission. Different agencies have different rules and regulations pertaining to release of information, so requests for such information should be referred to the
(Revised 4/96)
17.02-2
source that generated the information.
Example: The client gives DVR written permission to release medical records to an insurance company. The case file contains:
DVR should send only the general medical report, and the insurance company should request the hospital discharge summary directly from the hospital, although DVR should inform the insurance company of the availability of the additional information and the source, to the extent feasible.
RELEASE OF INFORMATION TO THE CLIENT:
Any information in the case file that was generated by DVR must be released to the client or his/her representative upon request.
The only exception to this is in situations where the counselor has good reason to believe that the information would be harmful to the client. In these situations, the information may be released to a representative of the client deemed appropriate in the judgement of the counselor.
Information requested that was not generated by DVR should only be released through the originating agency.
Copying information in the case file for release to the client is discouraged, as client inquiries concerning their record can generally be handled by reviewing the information with the client and explaining medical and psychological terminology in layman’s terms. When the client insists on receiving copies, the agency must comply with the request with the exception noted above.
Unusual circumstances should be referred to the supervisor.
(Revised 4/96)
17.02-3
OTHER RELEASES
The out-of-ordinary costs for reproducing and sharing information to non-agency recipients not directly related to rehabilitation purposes will be borne by those recipients at rates set by the DVR agency.
Information requested for purposes of external audits, program evaluations, or research should be directed to the Deputy Director for Rehabilitation Services when such requests are not made through written consent of the client.
Information may be shared with any unit of DVR for purposes related to administration of the VR program without written consent of the client.
Release of client information without the client's consent is also permitted in order to protect the individual or others, when the individual poses a threat to his/her safety or the safety of others.
SUBPOENAS:
Any time staff members receive subpoenas for client records the DVR staff attorney should be immediately consulted.
ETHICAL ISSUES:
DVR staff shall not abuse the privilege of viewing client records. A staff member who is a personal friend or relative of a client shall remove himself/herself from any involvement in the case, including viewing the case record or discussing the case with other staff members. Exceptions should be made based on professional judgement and discretion. In all cases, Policy 016 shall be followed. Violations of this trust may be considered grounds for disciplinary action.
(Revised 4/96)
17.03 FAIR HEARING 17.03-1
PURPOSE:
DVR views the Fair Hearing as a vehicle for protection of applicant and client rights and the assurance of the provision for his/her rehabilitation needs. Conversely, it is the means for legally upholding the agency's responsible decisions. It is also an avenue for reviewing agency policies.
INFORMING THE CLIENT:
The client shall be informed of the Fair Hearing procedure during the initial interview, at the time the IWRP is signed, and at case closure.
The explanation should be non-technical and clear. It must be based on the provision of DVR General Policy 059 and clearly state that the client may obtain a fair hearing by making a written request of the DVR Director within forty-five (45) days of any disputed counselor decision.
COUNSELOR ROLE:
The counselor should establish a relationship with the client that encourages open communication. The client should be encouraged to bring concerns about the program directly to the counselor, who in turn should use counseling skills to resolve these problems.
The counselor shall confer with the supervisor, and direct the client to contact the supervisor when the counselor:
counselor;
(Revised 4/96)
17.03-2
Once the matter is referred to the supervisor, the counselor should continue to provide appropriate services to the client, as well as assist in providing information needed for an informal supervisory/administrative review or fair hearing.
SUPERVISORY ROLE:
The supervisor plays an important role in resolving client complaints even after a request for a fair hearing. The supervisor can act as a mediator between the staff and the client. The supervisor shall:
The applicant/client may request a fair hearing regarding any counselor decision. The request must be made in writing to the DVR Director within forty-five (45) days of the counselor decision.
FAIR HEARING PROCEDURES:
All fair hearings are handled pursuant to DVR General Policy #059, Review of Rehabilitation Counselor Determinations. Counselors and Supervisors must familiarize themselves with this Policy in order to be able to advise clients of their rights to appeal, and in order to understand the procedures in which they will participate if informal meetings do not resolve the issues raised by the client in their request for a fair hearing.
(Revised 4/96)
18.00 CASE DOCUMENTATION 18.00
18.01 CONTACT REPORTS 18.01-1
Contact reports are an on-going record of significant events regarding client and counselor interactions pertinent to rehabilitation issues.
STANDARDS FOR CONTACT REPORTS:
All contact reports shall:
| Type of Contact | Guidelines | Examples |
| Information Items | Be as brief as possible. Record only information not found elsewhere in the case record. |
Date/Voc. Eval. Scheduled for 11/23 at RCI./JD Date Case sent to medical consultant./JD |
| Counselor Rationale or Approval | Use headings to clarify Intent. Don’t simply repeat information found on other reports, but state the counselor’s interpretation of data. |
Date/Review of Speech Therapy._________/JD Date/Social History__________/JD |
(Revised 4/96)
18.01-2
Type of Contact Guidelines Examples
Contact with other Include: Date/spoke with Mary
Agency or Individual Smith at TVI today who
Agency and with whom said that the drafting
counselor spoke. class for the summer is
full. Appt. has been
Purpose of contact. made for client to come
in on 4/28 to discuss
Brief summary of alternatives. /JD
contact.
Date/Client's mother
Follow up or action to called to find out how
be taken. much the maint. check
would be for June and
was informed that since
the client would be
living at home, there
would be no maint.
checks for the
summer./JD
Telephone or face-to- Include: Date/called client to
face contact with the discuss missed
client Purpose or reason for appointment. Client
contact. had the flu but will be
in on 5/12./JD
Significant events since
the last contact. Date/Counseled the
client today about
Summary of current health problems causing
status; information absence from school.
obtained or decisions Client has had colds, flu
made during the and asthma all semester
counseling session. and is going to receive
an incomplete in two of
Follow up or action to his courses. His
be taken and by whom. depression over the
Revised 4/96)
18.01-3
| Type of Contact | Guidelines | Examples |
Recent divorce is a major contributor to his health problems. Client has to 1) start weekly counseling again at BCMHC, 2) see Dr. Jones about his asthma and 3) make up his incomplete work in the two weeks following finals, prior to starting his part time job./JD Date/Since the client has done well in school up to his point, with a 2.0 gpa this may not be a serious problem but I will see him again on the above. I have agreed to get some information on a divorce adjustment group that the Psych. Unit may be starting in July, but may not have the details by the 28th./JD |
ACTIONS REQUIRING A CONTACT:
1. Analysis and synthesis of data relevant to rehabilitation issues.
2. Reasonable effort to contact client prior to closure.
3. Initial interview.
(Revised 4/96)
18.014
4. Documentation of discussion with client regarding eligibility and/or case
closure.
5. Denial of services recommended on a medical or psychological examination
report.
6. Documentation of counseling and placement services.
SUMMARY:
Contact reports are a reflection of the individual counselor's work and style. They should be as long as necessary to convey the relevant information, but should not report every detail of an interaction with the client, or verbatim conversations, unless such detail is significant to documenting problems or reasons for decisions.
Supervisory or administrative staff may make additional contacts to the file if they are deemed necessary because of supervisory or administrative intervention in the case. However, contact reports made by the V.R. counselor should not be changed or deleted by supervisory or administrative staff.
Contact reports may be requested by the courts or other agencies or persons, so slanderous remarks must be avoided. Comments that may be considered derogatory should be substantiated by observed behavior or factual data.
Contact reports pertain only to a particular client's rehabilitation program. Critical comments about other agency personnel or procedures or philosophical discourses are inappropriate.
(Revised 4/96)
18.02 FILING PROCEDURES FOR CASE FILES 18.02-1
GENERAL REQUIREMENTS:
Information in a case record shall be typed except for hand written notes or letters received from the client or another agency or individual. Counselors may wish to keep their own handwritten notes in the case file for reference on a temporary basis, but such information shall be typed into a contact report if it is to become a permanent part of the record. (See Section 18.01-1 for exceptions.)
SETTING UP A CASE FILE:
A case file shall be established for all referrals and applicants with the individual's name and Social Security Number affixed to the file folder.
FILE DIVIDERS:
Upon entry into Status 06 or 10, dividers will be placed in the case file and all documents will be filed according to these divisions. The dividers shall be labeled to identify the information contained in the particular section. Under each divider, information will be filed by date, with the most recent on top. The case file shall be set up as follows:
LEFT SIDE
. I.W.R.P. (original and amendments)
. I.W.R.P. Cost Sheet
2. . Authorizations
. Paid Bills
RIGHT SIDE
1. General Information
. Contact Reports
. Application for Service
. Financial Summary
Revised 4/96)
8.02-2
2. Diagnostics and Treatment
3. Training
4. Placement and Equipment
5. Correspondence and Other Documents
CASE FILE SECURITY AND CONFIDENTIALITY:
The supervisor is responsible for case file security in the local offices. All employees who handle client files shall be instructed as to the appropriate methods of insuring the client's confidentiality and the security of these documents.
(Revised 4/96)
18.03 TRANSFER OF CASES 18.03-1
DEFINITION:
Reassignment of case management from one counselor to another counselor.
GUIDELINES:
1. Primarily, transfer of cases will be initiated with the client's best interest in
mind.
2. All transfers must be approved by the supervisor(s).
3. All transfers will be initiated as appropriate when an individual client on a
counselor's caseload permanently moves from one geographical area to
another geographical area served by another unit or counselor and the needs
of the client cannot be adequately served by retaining the case on the original
caseload. Clients must establish residency before transfer.
4. Cases should be staffed between respective counselors.
5. Authorizations and other outstanding obligations must be properly completed
before transfer.
6. All transfers must be processed by completion of the Transfer Request and
Case Recap form which shall be retained in the client's case file.
7. The loosing counselor will enter the Transfer Transaction in the Client
Information System identifying the receiving caseload.
(Revised 4/96)
Academic Remediation 11.05-1
Adaptive Equipment 8.04-2
Administrative Review 15.05-1
Amendments (to on-going IWRP) 7.03-1
(Closure) 7.03-2
Annual Reviews (Ineligibility) 4.06-3
(IWRP) 7.02-8
(Extended Employment) 13.05-2
Applicant (Status 02) 3.01-1
(When to Complete Application) 2.00-2
(Moving Into 02) .............. 2.00-3
(Initial Interview) 3.02-1
Architectural Barriers (Removal) 12.04-2
Attendant Care 12.02-2
Attendant Factors (i.e. Eligibility) 4.03-2
Authorization (Definition and Guidelines) 8.03-1
(Diagnostics) 3.03-2
(Planned Services) 8.03-2
(Transportation by Common Carrier) 12.02-1
Auto 12.02-2
Business Plan (Self-Employment) 13.06-2
Can Benefit in Terms of Employment Outcome 4.04.1
Case Closure (08 Closure) 15.01-1
(26 Closure) 15.03-1
(28 & 30 Closures) 15.04-1
(Overview of Statuses) 1.00-1
Case File Information 17.02-1
(Revised 4/96) 1
Case Files (Setting Up, Security) 18.02-1
Case Status (Movement) 1.00-3
Case Transfer 18.03-1
Certificate of Eligibility (Extended Evaluation) 5.00-3
(Comprehensive Assessment) 6.00-1
(Supported Employment Services) 14.01-1
Civil Rights 17.01-1
Client Appeal Rights 15.05-1
Client Assistance Program 17.01-1
Client Complaints (Counselor & Supervisor Role) 17.03-1
Client Indebtedness 12.014
Client Rights & Responsibilities 17.01-1
Client Views 7.02-7
Clients (Currently Working) 4.03-4
Clients (With Job Skills) 4.03-4
Closure Amendment (26 Closure Criteria) 15.03-1
(Ineligibility) 4.06-1
(Requirements) 7.03-3
Closure Notification (Reference Guide) 15.05-3
Closure Procedures (00 to 08) 15.01-1
(02 to 08) 15.01-2
(26) 15.03-1
(28 and 30) 15.04-1
Clothes or Uniform 12.04-2
College Training 11.02-1
Comparable Services (Before Authorizing) 8.02-1
(Considered When Providing Maintenance) 12.01-3
(Considered When Writing IWRP
Section III) 7.02-6
(Definition) 8.02-1
(Economic Needs) 8.01-1
(Extended Evaluation) 5.00-5
(Physical Restoration) 10.02-1
(Rationale for Not Using) 7.02-6
(Resources) 8.02-2
(Training) 11.01-3
Competitive Work 14.01-1
Comprehensive Assessment 6.00-1
Confidentiality 17.02-1
Consistent with Capacities & Abilities 4.03-2
(Revised 4/96) 2
Contact Report (Actions Requiring) 18.01-3
(Amending IWRP) 7.03-1
(08 Closure, Ineligibility,
Unavailability) 15.01-2
(Counseling & Guidance) .9.00-1
(Ineligibility Status 06) 5.00-5
(Initial Interview) 3.02-1
(Moving Into 00) 2.00-1
(Moving into 02) 3.01-2
(Placement Services Documentation) 13.01-3
(Purpose and Standards) 18.01-1
Cost 7.04-1
Counseling and Guidance (Definition) 4.05-1
(Status 14) 9.00-1
Courtesy Counseling 12.04-3
Dental Consultation (Guidelines & Documentation) 10.03-2
Disabilities (DSM III) 4.02-2
Disability & Functional Limitations 4.02-1
Disputed Services During Appeal 17.03-2
Economic Needs Requirements (Criteria Application) 8.01-5
(Documentation) 8.01-6
(Exclusion) 8.01-3
(Fraud) 8.01-6
(Minors) 8.01-5
(Purpose) 8.01-1
(Source of Income) 8.01-3
Eligibility (Criteria) . 4.01-1
(Functional Limitations) 4.02-1
(Guidelines and Procedures) 4.01-2
(Social Security Presumption) 4.01-1
(Substantial Impediment to Employment) 4.03-1
Employment (Definition) 4.03-2
(Status 22 Defined) 13.02-1
(Revised 4/96) 3
Employment Outcome 4.04-1
Equipment 8.04-2
Equipment Title (26,Closure) 15.03-2
Ethical Issues (Friend's/ Relative's Case Records) 17.02-3
Expenses (definition for Economic Need) 8.01-4
Extended Employment (Defined) 13.05-1
Extended Evaluation (Definition of) 5.00-1
Fair Hearing 17.03-1
Family Members (Services to) 12.03-1
Financial Management & Planning (Self-Employment) 13.06-2
Financial Summary (Economic Needs) 8.01-1
(Initial Interview) 3.02-1
(IWRP - Section VII) 7.02-7
(IWRP - Writing) 7.01-1
(Status 02) 3.01-1
Fraud 8.01-6
Functional Limitations 4.02-1
Goods and Equipment 8.04-1
Goods and Services (Other Miscellaneous) 12.04-1
Grade Point Average 11.02-1
Hearing Impairment (Diagnostic Exam) 3.03-3
Homemaking (Activities & Documentation) 13.03-1
(Definition) 13.03-1
Hospitalization (For Diagnostics) 3.03-5
(Revised 4/96) 4
Impairments in Remission 4.02-3
Impediment to Employment 4.03-1
Income (definition for Economic Need) 8.01-3
Income Support Division 12.01-3