Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 401.1 - VOCATIONAL REHABILITATION SERVICES
Section 17-401.1-14 - Use of personal resources
Universal Citation: HI Admin Rules 17-401.1-14
Current through February, 2024
(a) The division shall determine the financial status of applicants and eligible individuals for purposes of determining the extent of their participation in the cost of the following VR services described in section 17-401.1-6, other than those services exempted under subsection (c).
(b) The following VR services are subject to the financial needs test defined in (d)(6) and may be provided only after the division has determined the individual's ability to participate in the cost of the services:
(1) Diagnosis and treatment of
physical and mental impairments (physical and mental restoration services), as
defined in section 17-401.1-2 and in accordance with section
17-401.1-18.
(2) Vocational and
other training services, including personal and vocational adjustment training,
books, tools, and other training materials as defined in section 17-401.1-6 and
in accordance with section 17-401.1-19. No training or training services in an
institution of higher education (universities, colleges, community or junior
colleges, vocational schools, technical institutes, or hospital schools of
nursing) may be paid for with funds under this section unless maximum efforts
have been made by the division and the individual to secure grant assistance in
whole or part from other sources to pay for that training.
(3) Maintenance, as defined in section
17-401-1-2 and in accordance with section 17-401.1-23.
(4) Transportation, as defined in section
17-401.1-2 and in accordance with section 17-401.1-27.
(5) Vocational rehabilitation services to
family members, as defined in section 17-401.1-2 and in accordance with section
17-401.1-22.
(6) Supported
employment services, as defined in section 17-401.1-2 and in accordance with
section 17-401.1-31.
(7)
Occupational licenses, tools, equipment, initial stocks, and supplies, in
accordance with section 17-401.1-26.
(8) Rehabilitation technology services as
defined in section 17-401.1-2 and in accordance with section
17-401.28.
(9) Transition services,
as defined in section 17-401.1-2 and in accordance with section
17-401.1-29.
(10) Technical
assistance and other consultation services to conduct market analyses, develop
business plans, and otherwise provide resources, to the extent those resources
are authorized to be provided through the statewide workforce investment
system, to eligible individuals who are pursuing self-employment or
telecommuting or establishing a small business operation as an employment
outcome, in accordance with section 17-401.1-32.
(11) Other goods and services determined
necessary for the individual with a disability to achieve an employment outcome
in accordance with section 17-401.1-33.
(12) Specific post-employment services
consisting of the above services (1) through (10).
(c) The division shall not apply the financial needs test, or require the financial participation of the individual:
(1) As a condition for furnishing the
following VR services:
(A) Assessment for
determining eligibility and priority for services, except those non-assessment
services that are provided to an individual with a significant disability
during either an exploration of the individual's abilities, capabilities, and
capacity to perform in work situations through the use of trial work
experiences under section 17-401.1-7(e), or an extended evaluation under
section 17-401.1-7(f).
(B)
Assessment for determining VR needs under section 17-401.1-10(b).
(C) Vocational rehabilitation counseling and
guidance.
(D) Referral and other
services.
(E) Job-related
services.
(F) On-the-job and other
related personal attendant services.
(G) Any auxiliary aid or service (e.g.,
interpreter services under section 17-401.1-6(10), reader services under
section 17-401.1-6(11) ) that an individual with a disability requires under
section 504 of the Act or the Americans with Disabilities Act, or regulations
implementing those laws, in order for the individual to participate in the VR
program.
(H) Specific
post-employment services consisting of the above services (A) through (G);
or
(2) As a condition
for furnishing any VR service if the individual in need of the service has been
determined eligible for Social Security benefits under titles II or XVI of the
Social Security Act.
(d) The division shall determine the financial status of applicants or eligible individuals, as follows:
(1) The individual
or, as appropriate, the individual's representative shall be the primary source
of information about the individual's financial circumstances and needs. This
may be supplemented by information from other reliable sources with the consent
of the individual or, as appropriate, the individual's
representative.
(2) It must be
applied uniformly to all individuals in similar circumstances and within each
geographic region.
(3) It shall not
apply to individuals receiving public financial assistance, or Social Security
benefits under title II or XVI of the Social Security Act because they are
already qualified by more stringent needs test.
(4) It shall be a quick inventory of the
individual's assets, income, and expenses, including the individual's guardian
or family, as appropriate, and a determination of net monthly income
considerable for rehabilitation completed by the individual or, as appropriate,
the individual's representative, using the division's determination of
financial status form.
(5) The
level of an individual's participation in the cost of VR services shall be
reasonable, based on the individual's financial needs, including consideration
of any disability-related expenses paid by the individual, and not so high as
to effectively deny the individual a necessary service.
(6) The financial needs test shall consist of
the following:
(A) Identification of
resources including consequential resources comprising of current income,
savings, or resources of responsible parents, guardians, or private parties,
including but not limited to pensions;
(B) Assessment of the individual's
obligations and living requirements;
(C) Determination of kind and amount of net
resources which are available for the rehabilitation program;
(D) Maintenance for expenses such as food,
shelter, and clothing, that are in excess of the normal expenses of the
individual and that are necessitated by the individual's participation in a
program of VR services;
(E)
Determination of available resources to be used considering the situation and
circumstances of the individual;
(F) Identification of resources to disregard
after review, documentation, and discussion to provide basis and justification
for costs over and above normal costs due to special food or diet requirements,
and other unusual and demonstrated circumstances or needs; and
(G) Determination of supplementation by the
division to meet the costs of the individual's rehabilitation program based on
the difference between the total cost of services and the amount of the
individual's resources, plus available comparable benefits, and limitations in
the division's supplementation by established fee schedules.
(e) The division shall not use VR funds to pay for services covered by the financial needs test if the individual refuses to provide information necessary to determine the individual's financial status, or refuses to consider or use available personal or family resources to meet the costs of such services.
(f) Applicants in a trial work experience or extended evaluation, and individuals in post-employment status shall use personal resources on the same basis as eligible individuals.
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