Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Closing the record of services of individuals who have
not achieved an employment outcome.
The record of services of an
individual who has not achieved an employment outcome will be closed when the
individual:
A. does not satisfy the
eligibility conditions of the program identified in part
3325.0130; or
B. has not responded to multiple and varied
attempts to contact the individual and has not responded to correspondence
mailed to the person's last known address and containing a specific
notification that the failure to respond within 15 calendar days after mailing
shall result in closure of the individual's record of services;
C. has died;
D. has been institutionalized and will, as a
result, be unavailable to receive needed services or evaluation from
SSB;
E. has refused to comply with
any of the requirements of parts
3325.0120 to
3325.0490 or with any terms or
conditions in the eligible individual's written IPE;
F. has refused repeatedly to accept or use
the rehabilitation services necessary to rehabilitate the eligible individual.
Before closing the record of services or refusing to provide services based on
this condition, the eligible individual's vocational rehabilitation counselor
shall explain to the eligible individual the purpose of the program and the
services to be provided and shall encourage the eligible individual's
participation;
G. has been
transferred to another agency;
H.
was unable to accept or maintain employment because suitable transportation was
either not feasible or not available; or
I. would have benefitted from the provision
of supported employment services but for whom no source of extended services
was available.
Subp. 2.
Conditions for closing the record of services of individuals who have
achieved an employment outcome.
The record of services of an
individual who has achieved an employment outcome will be closed when the
individual has:
A. achieved the
employment outcome identified in the eligible individual's written IPE, and:
(1) it is consistent with the eligible
individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice; and
(2) it is in the most integrated setting
possible, consistent with the eligible individual's informed choice;
B. maintained employment for at
least 90 calendar days and the eligible individual and vocational
rehabilitation counselor agree that no further vocational rehabilitation
services are needed, the employment outcome is satisfactory, and the eligible
individual is performing well; and
C. been informed through appropriate modes of
communication of the availability of postemployment services.
Subp. 3.
Consultation prior
to closing the record of services.
If SSB expects to discontinue
services an eligible individual is receiving under a written IPE because the
eligible individual no longer satisfies the eligibility conditions identified
in part
3325.0130, SSB shall, before
closing the record of services, offer the eligible individual a clear
opportunity to discuss the anticipated closing of the case record according to
Code of Federal Regulations, title 34, section 361.43.
Subp. 4.
Notice of closing the record
of services.
If an individual's record of services is to be closed
for reasons other than successful rehabilitation under subpart
2, or death, SSB shall notify
the individual of the proposed closing of the record of services SSB
must:
A. send notice to the individual
by certified mail of the proposed closing of the record of services at least
ten working days prior to the effective date of the proposed closing of the
record of services;
B. provide in
the notice the basis for and effective date of the proposed closing of the
record of services;
C. provide in
the notice a summary of the individual's appeal rights under part
3325.0478; and
D. provide in the notice a description of and
information on the client assistance program.
The record of services must contain a summary or description
of the information or circumstances upon which the closure decision was based.
If the closure decision was based on the eligible individual's refusal to
accept or use necessary services provided by SSB, the record of services must
include a description of the efforts made by SSB to encourage the eligible
individual's participation in the vocational rehabilitation process.
Statutory Authority: MS s
248.07
