Current through Register Vol. 50, No. 9, September 20, 2024
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).
