Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection
Section 4.05 - Assessments for Determining Eligibility, Order of Selection Priority, and Vocational Rehabilitation Needs

(1) The determination of an individual's eligibility, order of selection priority and vocational rehabilitation needs will, as much as possible, be based upon a review of existing data and documentation that may be provided directly by the individual or, as appropriate the individual's family or representative. With the individual's consent it may be obtained from the Social Security Administration, education officials, or from other service sources.

(2) The Commission will obtain only that data and information which is necessary to determine eligibility, order of selection priority and vocationalreh abilitation need. All information will be obtained and maintained in accordance with the Commission's confidentiality requirements.

(3) The review of existing data and preliminary assessment must be documented in the individual's record and include an appraisal of the current general health status of the individual, and existing medical records as necessary and available.

(4) If existing information does not describe the current functioning of the individual, is unavailable, inappropriate or insufficient for a vocational rehabilitation counselor to determine eligibility, order of selection priority or to identify an eligible individual's vocational rehabilitation needs, a comprehensive assessment must be done. The assessment may include trial work experiences, assistive technology devices and services, personal assistance services and any other supports that are necessary to determine whether an individual is eligible.

(5) To the maximum extent feasible, the comprehensive assessment must be based on existing data, information provided by the individual and, as appropriate, and the individual's family This assessment should be limited to information that is necessary to determine the individual's vocational rehabilitation needs and the goals, objectives, nature and scope of vocational rehabilitation services to be included in an Individualized Plan for Employment (IPE). It may include a review of the individual's unique strengths, resources, priorities, interests and vocational rehabilitation needs, including, if appropriate, the need for supported employment services. All assessments should be conducted in the most integrated settings possible.

(6) As necessary to develop the IPE, the comprehensive assessment may include: assessments of the individual's personality, interests, interpersonal skills, intelligence and related functional capabilities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, employment opportunities, and the medical, psychiatric, psychological and other pertinent vocational, educational, cultural, social, recreational and environmental factors that affect the employment and rehabilitation needs of the individual. As needed, the assessment may include an appraisal of the individual's work patterns, the services needed by the individual to acquire occupational skills and develop work attitudes, work habits and work tolerance and the social and behavioral patterns which are necessary for successful job performance. Assessments in real work situations may be used to assess and develop the individual's capacities to perform adequately in a work environment. As appropriate, rehabilitation technology services shall be utilized to assess and develop the individual's capacities to perform in a work environment.

(7) Consideration of comparable benefits and services available under other programs is not required before providing services that are essential to assess an individual's eligibility, order of selection priority, and vocational rehabilitation needs. However, the Commission encourages the use of resources that are readily available to an applicant.

(8) Services that are essential to assess an individual's eligibility, order of selection priority, and vocational rehabilitation needs are not subject to determination of financial need.