Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Clients
shall financially participate to the extent required by this article in the cost of
vocational rehabilitation services.
(b)
The Department shall deny authorization of a specific service(s) to any client when
it has been determined pursuant to this article that client financial participation
is required and the client refuses or fails to do so. The Counselor shall record in
the case record the reason for denying authorization of the service(s). Other
services may continue to be authorized if the IWRP remains viable without the
provision of the service(s) that was denied.
(c) For the purposes of this article, the
following definitions shall apply:
(1) "Client
income" means all money, before deductions except for a deduction equal to the
amount paid for any court ordered child or spousal support payments, received by any
of the persons specified in (A) through (D) during a calendar month. "Client income"
does not mean financial assistance defined as a similar benefit in accordance with
Sections 7026 and
7197.
(A) The client.
(B) The client's spouse, providing the client and
spouse reside together.
(C) The
parent(s) of a client under the age of 18 years with whom the client
resides.
(D) The parent(s) of a client
of any age who claim the client as a dependent for federal or state income tax
reporting purposes, unless the only monies made available to the client are court
ordered child support payments. In this case, only the monies received by the client
are considered.
(2) "Household
member" means only the following persons:
(A) If
the client is 18 years of age or older, except as specified in (C):
1. The client.
2. The client's spouse, providing the client and
spouse reside together.
3. The client's
minor children under the age of 18 years residing with the client.
4. Any other person the client claims as a
dependent for federal or state income tax reporting purposes.
(B) If the client is a minor under the age of 18
years:
1. The client.
2. The client's parent(s) and minor sibling(s)
under the age of 18 residing with the client.
3. Any other person the client's parent(s) claims
as a dependent for state or federal income tax reporting
purposes.
(C) If the client is
18 years of age or older and is claimed by his/her parent(s) as a dependent for
state or federal income tax reporting purposes:
1.
The client.
2. The following persons,
unless the only monies made available to the client by the parent(s) are court
ordered child support payments:
a. The client's
parent(s).
b. Any other person the
parent(s) claims as a dependent for state or federal income tax reporting
purposes.
(3) "Liquid assets" means cash, savings, checking
accounts less any current month's income which has been deposited, or similar
accounts, credit union funds, stocks, and negotiable bonds owned by any of the
persons specified in (1)(A) through (D).
(4) "Medical exemption" means the monthly medical
expenses that are necessary for a client to function independently including, but
not limited to, medication, treatment, equipment, assistive devices, and special
diet. "Medical exemption" also means the costs for extraordinary medical care
incurred by other household members, providing the costs are not subject to payment
by a third party, such as insurance, Medicare or Medical. It does not mean the cost
of routine medical and dental care, or insurance premiums.
(5) "Routine medical and dental care" means care
which would be received by a person without a substantial handicap, such as periodic
check ups, treatment for influenza or a virus, or the filling of dental
caries.
(6) "Surplus income" means the
client's monthly income which exceeds the appropriate amount specified in section
7192.
(7) "Surplus liquid assets" means liquid assets
which exceed $2,000.00 in value plus $750.00 additional value for each of the
client's household members.
1. New article 11
(sections 7190-7194) filed 9-4-79 as an emergency;
effective upon filing (Register 79, No. 36). A Certificate of Compliance must be
filed within 120 days or emergency language will be repealed on
1-2-80.
2. Certificate of Compliance filed 12-14-79 (Register 79, No.
50).
3. Repealer of article 11 (sections
7190-7194) and new article 11 (sections
7190-7194) filed 12-14-79; effective
thirtieth day thereafter (Register 79, No. 50).
4. Renumbering of former
article 11 (sections
7190-7194) to subchapter 5 (sections
7190-7194) filed 6-21-90; operative
7-21-90 (Register 90, No. 35).
5. Amendment filed 12-28-90; operative
1-27-91 (Register 91, No. 7).
6. Amendment of chapter heading, article
heading and subsection (c)(1) filed 1-2-92; operative 3-2-92 (Register 92, No.
18).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
34 CFR Section
361.47(b); and Section
19018, Welfare and Institutions
Code.
