Current through August, 2024
(a) The division
must assure that prior to providing any VR services, except those services
listed in subsection (b), to an eligible individual, or to members of the
individual's family, the division must determine whether comparable services
and benefits, as defined in section 17-401.1-2, exist under any other program
and whether those services and benefits are available to the individual unless
such a determination would interrupt or delay:
(1) The progress of the individual toward
achieving the employment outcome identified in the IPE;
(2) An immediate job placement; or
(3) The provision of VR services to an
individual who is determined to be at extreme medical risk, based on medical
evidence provided by an appropriate qualified medical professional.
(b) The following VR services
described in section 17-401.1-6 are exempt from a determination of the
availability of comparable services and benefits under subsection (a) :
(1) Assessment for determining eligibility
and priority for services.
(2)
Assessment for determining VR needs.
(3) VR counseling and guidance, including
information and support services to assist an individual in exercising informed
choice.
(4) Referral and other
services to secure needed services from other agencies, including other
components of the statewide workforce investment system, if those services are
not available under this part.
(5)
Job-related services, including job search and placement assistance, job
retention services, follow-up services, and follow-along services.
(6) Rehabilitation technology, including
telecommunications, sensory, and other technological aids and
devices.
(7) Specific
post-employment services consisting of the above services (1) through
(6).
(c) Comparable
services and benefits means services and benefits that are:
(1) Provided or paid for, in whole or part,
by other Federal, State, or local public agencies, by health insurance, or by
employee benefits;
(2) Available to
the individual at the time needed to ensure the progress of the individual
toward achieving the employment outcome in the individual's IPE in accordance
with this section; and
(3)
Commensurate to the services that the individual would otherwise receive from
the division.
(d) If
comparable services or benefits exist under any other program, the division
must provide services, in accordance with the following:
(1) If comparable services or benefits exist
under any other program and are available to the individual at the time needed
to ensure the progress of the individual toward achieving the employment
outcome in the individual's IPE, the division must use those comparable
services and benefits to meet, in whole or part, the costs of the VR
services.
(2) If comparable
services or benefits exist under any other program, but are not available to
the individual at the time needed to ensure the progress of the individual
toward achieving the employment outcome in the individual's IPE, the division
must provide VR services until those comparable services and benefits become
available.
(e) The
division shall not use VR funds to pay for services which require full
consideration of comparable services and benefits if the individual refuses to
apply for or accept services from another agency as other resources for which
the individual may be eligible.
(f)
Applicants in a trial work experience or extended evaluation, and individuals
in post-employment status shall use comparable services and benefits on the
same bases as eligible individuals.
(g) If any advanced payment for services by
the division or any benefit award results in a duplication of payment as a
consequence of the individual receiving other comparable services and benefits,
the portion advanced by the division shall be refunded.
(h) The division must assure that the
following requirements for interagency coordination are developed and
implemented:
(1) The State plan must assure
that 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 VR services (other than those services listed in
subsection (b)) that are included in the IPE, including the provision of those
VR services during the pendency of any interagency dispute in accordance with
the provisions of paragraph (3) (C).
(2) The requirements of paragraph (1) 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.
(3) The interagency agreement or other
mechanism for interagency coordination must include the following:
(A) An identification of, or description of a
method for defining, the financial responsibility of the public entity for
providing the VR services other than those listed in subsection (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 interagency agreement or other mechanism for
interagency coordination.
(C)
Information specifying procedures for resolving interagency disputes under the
interagency agreement or other mechanism for interagency coordination,
including procedures under which the division may initiate proceedings to
secure reimbursements 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 listed in subsection
(b).
(i) The
following responsibilities apply to other public entities under other law:
(1) 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 section, to provide or pay for
any services considered to be VR services (e.g., interpreter services under
section 17-401.1-6, other than those listed in subsection (b)), 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 a public entity other than the division fails to provide or pay for VR
services for an eligible individual as established under this section, 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 described in
subsection (h) in accordance with the procedures established in the agreement
or mechanism pursuant to paragraph (h)(3)(B).
