Current through Register Vol. 46, No. 12, March 20, 2024
(a) Assessment services. The agency will
conduct an assessment for determining eligibility and the priority for services
if the agency is operating under an order of selection. The assessment must be
conducted in the most integrated setting possible, consistent with the
individual's needs and informed choice.
(b) Home modification, adaptive and household
equipment. The agency shall provide home modifications and adaptive and
household equipment to meet the functional needs of an individual in the home,
if such service is required within the context of the individualized plan for
employment. Such services shall be provided only if the following conditions
are met:
(1) the individual is in trial work
experience or the active caseload;
(2) the services are included in the
individualized plan for employment, and are consistent with the employment
outcome of the program and any limitations established in writing by the agency
for the provision of such services to individuals with such an employment
outcome;
(3) the need for the
service has been evaluated by a qualified home economist, occupational
therapist, registered nurse, counselor or other professional with a background
and training in home evaluation;
(4) the owner of a building affected by
modifications or installation of equipment has given written permission for
such actions;
(5) the individual
has given written assurance that the building is intended to be his or her
long-term residence;
(6) the
modifications or installation of equipment were not contracted or initiated
prior to the completion of the individualized plan for employment;
(7) the costs of modifications, adaptive
equipment and household equipment do not exceed maximum expenditures for such
services established by the agency in writing unless waived by the
agency;
(8) the individual meets
criteria for financial need; and
(9) the full use of available comparable
benefits has been planned prior to the provision of services using agency
funds.
(c) Interpreter
services for individuals who are deaf. Such services shall be provided to
assure adequate communication between an individual who is deaf and agency
staff, or to assure maximum benefit of planned vocational rehabilitation
services. They shall be provided only under the following conditions:
(1) the individual is an applicant or is in
extended evaluation or the active caseload;
(2) the provision of such service is included
in the individualized plan for employment for an individual in the active
caseload, or in the written plan, if the individual is in trial work
experience;
(3) the full use of
comparable services and benefits has been planned prior to the provision of any
services using agency funds.
(d) Maintenance. Maintenance shall be
provided to an eligible individual or an individual receiving either trial work
or extended evaluation services, when appropriate, to cover additional costs
including basic subsistence expenses such as food, shelter and clothing that
are in excess of the individual's normal expenses and are necessary because of
the individual's participation in a program of vocational rehabilitation.
(1) Types of maintenance.
(i) Major maintenance shall be provided for
food, shelter and miscellaneous personal needs for individuals living away from
home to compensate for extra expenses incurred while undergoing diagnostic
evaluation or participating in a training program. Supplementation for food and
shelter provided for an individual participating in a training program while
living away from home shall be funded up to a maximum amount established by the
agency, provided that such maximum amount shall not exceed the current and
actual State University of New York (SUNY) room and board costs. Approval may
be granted for a variance from such maximum amount upon a finding by the agency
that the cost to the agency resulting from such variance will not be greater
than the alternative cost of providing commutation transportation and/or other
support services. Major maintenance shall also be provided to individuals
living at home only if all the following conditions are met:
(a) the individual has head-of-household
status for Federal income tax purposes of either a family or independent unit
prior to applying for vocational rehabilitation services or onset of illness or
disease;
(b) the individual
receives insufficient income from another resource to provide basic support of
the family and to provide the individual's shelter; and
(c) the individual is not receiving support
from public assistance or supplemental security income as a result of income
and/or resources.
(ii)
Minor maintenance shall be provided for local transportation, lunch and related
miscellaneous expenses for individuals living at home while undergoing
diagnostic evaluation, participating in a training program or receiving
physical or mental restoration services.
(2) General conditions for payment of
maintenance. Maintenance shall be provided only under the following conditions:
(i) the individual is an applicant or is in
extended evaluation or the active caseload;
(ii) the individual has incurred additional
expenses for basic subsistence items as a result of participating in the
vocational rehabilitation program;
(iii) the maintenance is included in the
individualized plan for employment and is supportive of other vocational
rehabilitation services;
(iv) for
maintenance provided to individuals in the active caseload or in extended
evaluation, the individual meets the criteria for financial need or is a
participant in a program which does not require a determination of financial
need.
(e)
Medical care for acute conditions. Medical care shall be provided for acute
conditions which arise during a rehabilitation program and which, if not cared
for, would complicate or delay the achievement of the employment outcome. Acute
medical care shall be provided only under the following conditions:
(1) the individual is in the active caseload
or extended evaluation;
(2) the
service shall be included in the individualized plan for employment;
(3) the acute medical condition interrupts or
threatens to interrupt the progress of the individualized plan for
employment;
(4) the service shall
be provided by a physician licensed by the state in which such physician
practices;
(5) the individual meets
the criteria for financial need;
(6) the full use of similar benefits has been
planned prior to the provision of such services using agency funds.
(f) Physical and mental
restoration. Physical and mental restoration services shall be provided for the
purpose of correcting or substantially modifying a diagnosed physical or mental
condition which results in a substantial impediment to employment.
(1) General conditions under which physical
and mental restoration shall be provided:
(i)
the individual is in extended evaluation or the active caseload;
(ii) the individual's physical and mental
impairment is stable or slowly progressive and is likely to require only a
limited period of treatment;
(iii)
the service is included in the individualized plan for employment;
(iv) the service is provided by professionals
who are licensed to provide such services, if the state in which they practice
requires such licensure;
(v) the
individual meets criteria for financial need or is a participant in a program
which does not require a determination of financial need;
(vi) the full use of similar benefits has
been planned prior to the provision of such services using agency
funds.
(2) Additional
conditions relating to hospitalization and related care. The service shall be
provided in a facility approved by the New York State Department of Health, or
the equivalent approving body of the state in which it operates, and is not
provided in long-term care facilities, domiciliary institutions, and
non-medically oriented rehabilitation and adjustment training
centers.
(3) Additional conditions
relating to prosthetic appliances:
(i) the
appliance is prescribed by a physician licensed by the state in which such
physician practices;
(ii) the
service is provided by qualified orthotist and prosthetists.
(g) Post-employment
services. Noncomplex, short-term post-employment services shall be provided to
individuals if they are necessary to maintain, regain or advance in employment.
Post-employment services shall be provided only under the following conditions:
(1) the individual has achieved an employment
outcome through vocational rehabilitation services;
(2) the service is necessary to assist the
individual to maintain, regain, or advance in employment;
(3) the individual's rehabilitation needs do
not require a comprehensive or complex provision of services. Services needed
are limited in scope and are of short duration. If more comprehensive,
extensive services are needed, the individual may reapply for
services;
(4) the service is
related to the objective of the individualized plan for employment and is
included in an amendment to it;
(5)
the individual meets the criteria for financial need.
(h) Services to other family members.
Services shall be provided to members of an individual's family if such
services are necessary to enable the individual to achieve an employment
outcome. The services may include any family-oriented services, as well as any
of the vocational rehabilitation services provided to individuals. Services to
other family members shall be provided only under the following conditions:
(1) the individual is in extended evaluation
or the active caseload;
(2) the
family member is a relative or guardian of the individual or lives in the same
household and has a substantial interest in the well-being of the
individual;
(3) the services
provided are necessary to enable the individual to achieve an employment
outcome;
(4) the service is not
readily available through existing community agencies;
(5) the individual meets the criteria for
financial need.
(i)
Tools, initial stock, equipment, supplies and occupational licenses. Such items
shall be furnished if they are necessary to the individual's successful
employment or self-employment following completion of the rehabilitation
program. They shall be provided only under the following conditions:
(1) the individual is in the active
caseload;
(2) the provision of such
items is included in the individualized plan for employment;
(3) the individual meets criteria for
financial need.
(j)
Training.
(1) Types of training provided. The
agency shall provide the following types of training when necessary for the
individual to achieve an employment outcome:
(i) personal and vocational adjustment
training;
(ii) vocational
training;
(iii) vocational training
at a rehabilitation facility;
(iv)
training at a college, business college or university, provided that the
funding for tuition shall not exceed the maximum amount established by the
agency, and provided further that such maximum amount shall not exceed the
current and actual resident tuition rate for the State University of New York
(SUNY) full-time enrollment during an academic year (excluding mini-session,
intersession and/or summer session). Funding for tuition for mini-session,
intersession, and summer session shall be prorated based on such established
maximum. The agency shall waive this maximum, or any prorated amount based on
such established maximum, and pay tuition in an amount not to exceed the
tuition costs of attending the least expensive public institution of higher
education within New York offering an academic program necessary to achieve the
student's vocational goal. If there is no such public program in New York
State, the actual tuition costs of attending the least expensive non-public
institution of higher education may be paid. Tuition and other necessary costs
shall be paid only upon a finding that all available means of alternative
funding including, but not limited to, grants, scholarships and tuition
assistance, have been obtained by the student and subtracted from the tuition,
and that payment of the balance of tuition is necessary to achieve the
vocational goal of the student. Maintenance provided during such training shall
be provided in accordance with subdivision (d) of this section. An individual
who attends training out-of-state when necessary training or services are
available within New York State, shall bear the full costs of such attendance
to the extent they exceed what would have been such costs had the individual
attended the least expensive program within New York State;
(v) training at a business school.
Maintenance provided during such training shall be provided in accordance with
subdivision (d) of this section;
(vi) training at a vocational trade school.
Maintenance provided during such training shall be provided in accordance with
subdivision (d) of this section;
(vii) training at other educational
institutions. Maintenance provided during such training shall be provided in
accordance with subdivision (d) of this section;
(viii) on-the-job training;
(ix) correspondence school;
(x) tutoring;
(xi) other training appropriate to the
individualized plan for employment.
(2) Conditions for provision of training.
Training shall be provided only under the following conditions:
(i) the individual is in trial work
experience or the active caseload;
(ii) the service is included in the
individualized plan for employment;
(iii) the service is provided at facilities
or academic institutions approved or accredited by the state in which they are
located;
(iv) the full use of
similar benefits has been planned prior to the provision of training with
agency funds;
(v) the individual
meets the criteria for financial need;
(vi) books and related training materials may
be provided, to a maximum combined allowance as established by the agency,
provided that such maximum allowance shall not exceed the average cost of books
published annually by the State University of New York (SUNY), unless there is
documentation of the need to exceed this limit including, but not limited to,
written confirmation by appropriate school personnel that each item for which
an allowance is made is actually necessary for the individual's participation
in a particular course or program.
(k) Vehicle modification and adaptive
equipment. Such services or equipment, including the cost of optional equipment
available through the automobile manufacturer, shall be provided if they are
necessary because of the individual's disability to enable an individual to use
or operate a motor vehicle, and the use or operation of a vehicle is necessary
to the rehabilitation of the individual. Vehicle modification and adaptive
equipment shall be provided only under the following conditions:
(1) the individual is in trial work
experience or the active caseload;
(2) the individual is pursuing or is expected
to pursue an employment outcome for which the modification or equipment is
necessary, and the provision of such modification or equipment is included in
the individualized plan for employment;
(3) the necessity of such services has been
justified by a driving evaluator;
(4) the individual and vehicle owner each
provides a written statement that a motor vehicle will be available for the
individual's use and indicates any conditions or limitations on
availability;
(5) the individual
meets criteria for financial need;
(6) the individual assumes responsibility for
maintenance of the equipment upon installation or delivery.
(l) Special transportation for
severely disabled individuals. Special transportation shall be provided only to
those individuals whose disabilities are so severe as to preclude the use of
other means of transportation. The unavailability of public transportation
shall not constitute a basis for the provision of special
transportation.
(m) Other services.
At the option of the agency and subject to approval by the commissioner or an
individual designated by the commissioner, other services may be provided to
individuals based on their individual needs as components of a planned
vocational rehabilitation program, consistent with the financial need
requirements contained in section
247.11
of this Part.
(n) Services not
provided. The following items shall not be provided to individuals:
(1) land; or
(2) purchase or construction of
buildings.
