Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Source of services.
A. Services
provided by SSB may be provided directly to applicants and eligible individuals
by SSB staff or purchased for applicants and eligible individuals from third
parties such as physicians, optometrists, private businesses, state agencies,
and community rehabilitation programs that meet the standards identified in
part
3325.0470.
B. Services provided to applicants and
eligible individuals must be delivered by SSB staff and third parties who have
been properly trained regarding the services provided.
Subp. 2.
Conditions governing the
provision of all rehabilitation services.
A. Rehabilitation services to determine
eligibility for SSB services are subject to subparts
3 to
14 and informed
choice.
B. Subject to subparts
3 to
14 and informed choice, SSB
must ensure that each eligible individual receives only the available
rehabilitation services necessary to enable the eligible individual to achieve
the eligible individual's employment or independent living outcome except:
(1) SSB must not provide a rehabilitation
service, other than a diagnostic assessment service, to an eligible individual
unless the service is identified in the IPE or ILCSR; and
(2) SSB must not provide a rehabilitation
service to an eligible individual if the eligible individual's school district
is legally obligated to provide the service consistent with an interagency
agreement with the Minnesota Department of Education that identifies each
party's roles, responsibilities, and financial obligations.
C. Only in the most unusual of
circumstances may a family member be a vendor or provider of services to the
individual, and then only with prior supervisory approval.
D. All rehabilitation services must be
provided in the most cost-effective manner possible, consistent with the
individual's needs and informed choice.
Subp. 3.
Communication center
services.
SSB must provide communication center services to a
person, regardless of whether the person is an eligible individual, if the
person provides SSB with written documentation signed by a physician,
optometrist, or other "competent authority" as defined in the Code of Federal
Regulations, title 36, section 701.6(b)(2), stating that the person has a
physical disability that prevents the person from reading standard printed
material.
Subp. 4.
Interpreter services.
Interpreter services may be provided
only for communication needs necessary to conduct a diagnostic assessment or to
implement the eligible individual's IPE or ILCSR.
Subp. 5.
Low vision
services.
Items A to C govern the provision of low vision
services.
A. Low vision aids requiring
prescription must be prescribed by a low vision clinician. Low vision aids
which do not require prescription may be provided directly by a low vision
specialist or clinician.
B. The
provision of vision aids must be followed by training in the use of such aids
by a low vision specialist or low vision clinician.
C. SSB must not provide low vision services
to an eligible individual who is or is likely to become legally blind in place
of instruction in the use of alternative techniques necessary for achievement
of the eligible individual's employment outcome or independent living
goal.
Subp. 6.
[Repealed, 36 SR 33]
Subp. 7.
Note-taking services.
Items A and B govern the provision of
note taking services.
A. Note-taking
services may be provided to an eligible individual only if the eligible
individual has a medical condition other than blindness which renders the
eligible individual unable to use braille or other means to record information
for later use.
B. Note-taking
services may only be provided for note-taking needs necessary to conduct a
diagnostic assessment or to implement the eligible individual's employment
plan.
Subp. 8.
Orientation and mobility services.
Items A to C govern the
provision of orientation and mobility services.
A. SSB must provide outdoor cane travel
instruction to an eligible individual who is legally blind unless:
(1) the eligible individual is not expected
to travel alone outside the eligible individual's residence because of one or
more severe nonvisual disabilities; or
(2) the eligible individual and an
orientation and mobility specialist or a person described in item B determine
that the eligible individual can travel safely and independently outside the
eligible individual's residence without receiving outdoor cane travel
instruction.
B. Travel
techniques for purposes of outdoor travel must be taught by an orientation and
mobility specialist or a person who has demonstrated a mastery of the travel
techniques used by blind persons and the ability to safely and effectively
teach these techniques to others. The provision of outdoor travel techniques to
eligible individuals who are legally blind and have multiple impairments, such
as legal blindness combined with hearing loss, may require additional
expertise. The director must determine whether a person is qualified in these
areas by considering all of the following factors:
(1) the person's education;
(2) the person's prior experience in
rehabilitation; and
(3) any
performance evaluations or written tests of the person's skills in these areas
that the director may require.
C. Orientation and mobility training of an
eligible individual must give the eligible individual an opportunity to travel
without the instructor and on increasingly difficult routes to help the
eligible individual develop confidence in the eligible individual's ability to
travel independently. Orientation and mobility training of legally blind
eligible individuals who have some remaining vision must include the use of
sleepshades unless an orientation and mobility specialist or a person described
in item B determines that because of age or one or more nonvisual disabilities
the use of sleepshades would be unsafe.
Subp. 9. [Repealed, 36 SR 33]
Subp. 10.
Reader
services.
Items A and B govern the provision of reader
services.
A. SSB may provide reader
services to an eligible individual only if:
(1) the reading requirements result from
implementation of the eligible individual's IPE; and
(2) the material to be read is not available
in braille or accessible electronic or audio recording formats in time to meet
an immediate need in the rehabilitation process which, if not met, would impede
the eligible individual's rehabilitation progress or if the available formats
do not lend themselves to effectively or efficiently conveying information
contained in the reading requirements.
B. An eligible individual receiving reader
services must, each month, submit to SSB an invoice indicating the hours of
reader services received.
Subp.
11.
Rehabilitation teaching services.
Items A to
C govern the provision of rehabilitation teaching services.
A. SSB must provide an eligible individual
with instruction leading to proficiency in braille unless the eligible
individual can read print with enough proficiency to successfully complete the
eligible individual's plan or unless the eligible individual has a medical
condition which prevents the eligible individual from reading
braille.
B. Braille instruction
must be provided by a rehabilitation teacher or a person who has demonstrated a
mastery of contracted braille and the ability to teach contracted braille to
blind persons. The director must determine whether a person is qualified in
these areas by considering all of the following factors:
(1) the person's education;
(2) the person's prior experience in
rehabilitation; and
(3) any
performance evaluations or written tests of the person's skills in these areas
that the director may require.
C. Rehabilitation teaching services other
than braille instruction must be provided by a rehabilitation teacher or a
person who has demonstrated a mastery of alternative techniques other than
braille or outdoor cane travel and the ability to teach alternative techniques
to blind persons. The provision of rehabilitation teaching services other than
braille instruction to eligible individuals who are legally blind and have
multiple impairments, such as legal blindness combined with hearing loss, may
require additional expertise. The director must determine whether a person is
qualified in these areas by considering all of the following factors:
(1) the person's education;
(2) the person's prior experience in
rehabilitation; and
(3) any
performance evaluations or written tests of the person's skills in these areas
that the director may require.
Subp. 12.
Physical and mental
restoration services.
Items A to D govern the provision of physical
and mental restoration services.
A.
SSB may provide a physical or mental restoration service to an eligible
individual only if:
(1) the eligible
individual's condition for which the physical or mental restoration service is
needed is stable or slowly progressive, or is an acute or chronic medical
complication or emergency arising from or associated with the provision of
restoration services;
(2) the
eligible individual's condition constitutes, contributes to, or, if not
corrected, is likely to constitute or contribute to a substantial impediment to
employment; and
(3) the eligible
individual's condition can be corrected or substantially modified within a
reasonable period of time.
B. SSB may purchase physical and mental
restoration services only from physicians, optometrists, or other health
professionals licensed under Minnesota Statutes, chapter 147 or 148.
C. SSB must not pay for experimental medical
supplies or procedures. Experimental supplies or procedures means:
(1) health services which have progressed to
limited human application and trial but which lack wide recognition as proven
and effective procedures in clinical medicine as determined by the National
Blue Cross and Blue Shield Association Medical Advisory Panel; and
(2) drugs or devices that the United States
Food and Drug Administration has not yet declared safe and effective for the
use prescribed.
D. SSB
must pay for restoration services in accordance with the rates established by
the United States Department of Health and Human Services for
Medicare.
Subp. 13.
Transportation services.
Items A to C govern the provision of
transportation services.
A. SSB may
provide transportation services only for transportation requirements that are
necessary to enable an applicant or eligible individual to be determined
eligible for or participate in the vocational rehabilitation or independent
living program.
B. SSB must provide
the least expensive mode of transportation that serves the eligible
individual's rehabilitation needs and accommodates any nonvisual disability
related limitations the eligible individual may have. When a private vehicle is
the mode of transportation identified in the eligible individual's plan, SSB
must pay parking fees and mileage at the rate established for state of
Minnesota employees in the current managerial plan published by the Minnesota
Department of Management and Budget. This document is incorporated by reference
and is not subject to frequent change. It is available for inspection at SSB's
headquarters office.
C. SSB must
pay for the transportation of an escort to accompany the eligible individual
while traveling only if the eligible individual cannot yet travel safely
without the assistance of an escort.
Subp. 14.
Vocational training
services.
SSB may provide tuition, supplies, maintenance, and
transportation to an eligible individual for training at an institution of
higher learning only if there is evidence that the eligible individual is
capable of completing the required coursework or degree program. Tuition,
supplies, maintenance, and transportation paid by SSB for training at a private
or non-Minnesota institution of higher learning must not exceed those amounts
charged by Minnesota public colleges, universities, or technical and community
colleges offering the same program nearest the eligible individual's residence
unless the necessary training is not available to the eligible individual at a
public Minnesota institution.
Subp.
15.
Self-employment.
SSB may support an
employment outcome of self-employment if:
A. the eligible individual has developed a
written business plan;
B. the
business plan has been reviewed for feasibility by a representative of the
Small Business Administration (SBA), a Small Business Development Center (SBDC)
authorized by the Department of Employment And Economic Development, or the
Service Corps of Retired Executives (SCORE); and
C. the review determines the eligible
individual's business plan to be feasible.
SSB does not require the eligible individual to take out an
SBA-insured loan, or other loan, in conjunction with a self-employment
outcome.
Subp.
16.
Rehabilitation technology-assistive technology
services.
This subpart governs the provision of rehabilitation
technol-ogy-assistive technology services.
A. The provision of rehabilitation
technology-assistive technology services must be followed by training in the
use of assistive technology by an individual qualified to provide
rehabilitation technology-assistive technology services.
B. Rehabilitation technology-assistive
technology training services must be provided by a person who has demonstrated
a mastery of rehabilitation technology-assistive technology services and the
ability to teach assistive technology to blind or deafblind persons.
Rehabilitation technology-assistive technology services include:
(1) using screen reader (via speech or
braille output) or screen magnification programs to access an operating system,
word processing, e-mail, and Internet browser applications; and
(2) operating other current or emerging
electronic aids and devices.
C. The director must determine whether a
person is qualified in these areas by considering all of the following factors:
(1) the person's education;
(2) the person's prior experience in
rehabilitation; and
(3) any
performance evaluations or written tests of the person's skills in these areas
that the director may require.
Statutory Authority: MS s
248.07
