(a) The division,
in consultation with other appropriate agencies, and with the Governor's
assurance, if necessary, will effect an interagency agreement or other
mechanism for interagency coordination between the division and any appropriate
public entity, including the State entity responsible for administering the
State medicaid program, a public institution of higher education, and a
component of the statewide workforce investment system, to ensure the provision
of vocational rehabilitation services described in section 17-401.1-6 other
than those services exempted in section 17-401.1-13(b), that are included in
the IPE of an eligible individual, including the provision of such VR services
during any pendency of any interagency dispute described in paragraph (2)(C).
(1) The above requirements of paragraph (a)
may be met through:
(A) A State statute or
regulation;
(B) A signed agreement
between the respective officials of the public entities that clearly identifies
the responsibilities of each public entity for the provision of the services;
or
(C) Another appropriate
mechanism as determined by the division.
(2) The interagency agreement or other
mechanism for interagency coordination must include the following:
(A) An identification or description of a
method for defining the financial responsibility of the public entity for
providing the VR services other than those exempted in section 17-401.1-13(b),
and a provision stating the financial responsibility of the public entity for
providing those services.
(B)
Information specifying the conditions, terms, and procedures under which the
division must be reimbursed by the other public entities for providing VR
services based on the terms of the agreement or other mechanism.
(C) Information specifying procedures for
resolving interagency disputes under the agreement or other mechanism,
including procedures under which the division may initiate proceedings to
secure reimbursement from other public entities or otherwise implement the
provisions of the agreement or mechanism.
(D) Information specifying policies and
procedures for public entities to determine and identify interagency
coordination responsibilities of each public entity to promote the coordination
and timely delivery of VR services other than those exempted in section
17-401.1-13(b).
(b) If a public entity, other than the
division, is obligated under Federal law (such as the Americans with
Disabilities Act, section 504 of the Act, or section 188 of the Workforce
Investment Act) or State law, or assigned responsibility under State policy or
an interagency agreement established under this subsection, to provide or pay
for any services considered to be VR services (e.g., interpreter services under
section 17-401.1-24), other than those exempted in section 17-401.1-13(b):
(1) The public entity must fulfill that
obligation or responsibility through:
(A) The
terms of the interagency agreement or other requirements of this
section;
(B) Providing or paying
for the service directly or by contract; or
(C) Other arrangement.
(2) If the public entity fails to provide or
pay for VR services for an eligible individual as established under this
subsection, the division must provide or pay for those services to the
individual and may claim reimbursement for the services from the public entity
that failed to provide or pay for those services. The public entity must
reimburse the division pursuant to the terms of the interagency agreement or
other mechanism in accordance with the procedures established in the agreement
or other mechanism pursuant to paragraph (a)(2)(C).
