Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection
Section 4.08 - Order of Selection
Current through Register 1531, September 27, 2024
Order of selection refers to the process of selecting eligible individuals with disabilities who can be provided vocational rehabilitation services when the Commission has determined that resources are inadequate to provide services to all eligible individuals.
(1) All eligible individuals will be assigned to:
(2) An individual will be considered to be:
An individual who has been recently determined to have a disability by the Social Security Administration under Title II [SSDI] or Title XVI [SSI] of the Social Security Act is considered to have a physical or mental impairment which constitutes or results in a significant physical or mental impairment which seriously limits one or more functional capacities in terms of an employment outcome.
Transportation meanstravel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems;
(3) First priority in selection for service will be given to individuals with the most significant disabilities. Eligible individuals with the most significant disabilities will be first selected to be provided vocational rehabilitation services.
(4) Second priority in selection for service will be given to individuals with significant disabilities. Eligible individuals with significant disabilities may be selected only after determination that funds are available to provide vocational rehabilitation services to all eligible individuals with the most significant disabilities.
(5) Last priority in selection for service will be given to other eligible individuals with disabilities. Eligible individuals with disabilities may be selected only after determination that funds are available to provide vocational rehabilitation services to all eligible individuals with most significant disabilities and all eligible individuals with significantd is abilities .
(6) Based upon a determination that funds are insufficient to provide vocational rehabilitation services to all individuals determined eligible for such services, the Commission may institute or amend a statewide waiting list of eligible individuals who have not been selected to receive vocational rehabilitation services. A statewide waiting list of eligible individuals who have not been selected to receive vocational rehabilitation services will be maintained, and will list individuals by order of selection priority category assignment and the dated of the signed application for vocational rehabilitation services.
(7) A decision that resources are inadequate to provide vocational rehabilitation services to all eligible individuals with disabilities will be reviewed by the Commission at least annually. The Commissioner will report the findings of such review to the Commission's State Rehabilitation Council.
(8) Prior to instituting or amending order of selection or a related waiting list, the Commission will ensure that its actions comply with applicable state and federal statutory and regulatory requirements.
(9) The Rehabilitation Services Administration of the U.S. Department of Education and the Executive Office of Health and Human Services of the Commonwealth will be advised of the impact of an order of selection for serving eligible individuals and the impact of not providing vocational rehabilitation services to all eligible individuals.
(10) The order of selection by priority category will not affect vocational rehabilitation services to eligible individuals with disabilities who have been selected to receive vocational rehabilitation services and for whom an individualized plan for employment has been developed, agreed to, and approved until such time as the individualized plan for employment is terminated for reasons other than achievement of the employment objective of the individual.
(11) An eligible individual selected to receive vocational rehabilitation services may receive vocational rehabilitation services necessary to render such individual employable consistent with an individualized plan for employment and subsequent amendments.
(12) Eligible individuals with disabilities not selected to receive vocational rehabilitation services are limited to assessment for determining eligibility and vocational rehabilitation needs, referral and other services designed to assist individuals with disabilities in securing needed services from Federal, State, and local public agencies.
(13) The order of selection does not apply to assessments necessary to make determination of eligibility, order of selection priority assignment, and vocational rehabilitation needs. All applicants may receive goods and services during such assessments, to the extent necessary to make determination of eligibility and determination of order of selection priority assignment.
(14) Order of selection priority category assignment of eligible individuals with disabilities will be determined after certification of eligibility and will be based on the review of existing data to the maximum extent possible. A certification of order of selection assignment will include reasons for the priority category determination.
(15) Order of selection of eligible individuals who have not been selected to receive vocational rehabilitation services may be amended if there has been a change in the nature and severity of a physical or mental impairment which results in a change in functional capacities, changes to expected requirement for multiple vocational rehabilitation services over an extended period of time or the priority category assignment was a consequence of a misclassification.
(16) At the time of determination or change of order of selection assignment the individual (or, as appropriate a representative of the individual) will be notified in writing of the determination of order of selection assignment, the appeal rights available to the individual including the availability of services provided by the Client Assistance Program.
(17) Order of selection priority category classification or reclassification may be appealed in writing within 30 days of notification of priority category classification or reclassification.