Current through Register Vol. 51, No. 3, March 20, 2025
A. Criteria for Eligibility. To be eligible
for independent living services, an applicant must be an individual:
1. with a severe physical or mental
impairment which substantially limits the individual's ability to function
independently in the family or community, and
2. for whom the delivery of independent
living services will improve their ability to function, continue functioning,
or move towards functioning independently in the family or community.
B. Determinations by Officials of
Other Agencies. To the extent appropriate and consistent with the requirements
of this Section, LRS will use determinations made by officials of other
agencies regarding whether an individual satisfies one or more factors relating
to whether an individual is an individual who has a physical or mental
impairment which for such individual substantially limits their ability to
function independently.
C.
Compliance Provisions
1. Nondiscrimination
and Nonexclusion
a. Eligibility decisions
must be made without regard to sex, race, age, creed, color or national origin
of the individual applying for services.
b. No group of individuals is excluded or
found ineligible solely on the basis of type of disability.
c. No upper or lower age limit is established
which will, in and of itself, result in a finding of ineligibility for any
individual with a disability who otherwise meets the basic eligibility
requirements specified in this manual.
d. Louisiana Rehabilitation Services does not
impose a residence requirement. Illegal aliens, however, cannot be
served.
D.
Determination of Ineligibility
1. A
determination of ineligibility for independent living services is made:
a. when LRS is in possession of clear and
convincing evidence that an individual has no physical and/or mental impairment
which substantially limits an individual's ability to function independently in
the family or community; or
b. when
LRS is in possession of clear and convincing evidence that an individual with a
disability does not require independent living services to function
independently in the family or community; or
c. when LRS is in possession of clear and
convincing evidence that an individual is incapable of benefitting from
independent living services, in terms of becoming more independent in the home
and/or community.
2. If
an individual who applies for independent living services is determined (based
on clear and convincing evidence) not eligible for services, or if an eligible
individual receiving services under an Independent Living Plan (ILP) is
determined to be no longer eligible for services, LRS shall:
a. provide an opportunity for full
consultation with the individual or, as appropriate, the individual's
representative; and
b. inform the
individual, or as appropriate, the individual's representative, in writing of:
i. the reason(s) for the ineligibility
determination; and
ii. an
explanation of the means by which the individual may express and seek a remedy
for any dissatisfaction with the determination, including the procedures for
review by an Impartial Hearing Officer and the availability of services from
the Client Assistance Program; and
iii. a referral to any other agencies or
programs from whom the individual may be eligible to receive services,
including a center for independent living or other components of the statewide
workforce investment system.
3. LRS shall review the applicant's
ineligibility at least once within 12 months after the ineligibility
determination has been made and whenever is has been determined the applicant's
status has materially changed. This review need not be conducted in situations
where the applicant has refused the review, the applicant is no longer present
in the state, or the applicant's whereabouts are unknown.
E. Use of Existing Information. To the
maximum extent appropriate and consistent with the requirement of this Section,
for purposes of determining eligibility of an individual for independent living
services, LRS shall use information that is existing and current (as of the
current functioning of the individual), including information available from
the individual, other agencies and programs.
F. Eligibility for Nursing Home Residents.
Eligibility is met if independent living services rendered enables the
individual to permanently leave the nursing home or to participate in other
ongoing community or family activities which will enhance the quality of the
individual's life outside of the facility.
AUTHORITY NOTE:
Promulgated in accordance with the Rehabilitation Act of 1973, as amended,
R.S.
49:664 Section 6B,
R.S.36:477(c),
R.S.
46:331-335, R.S. 1595.3 and
R.S.
39:1594(I).
