The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES,

VOCATIONAL REHABILITATION SERVICES





 

DIVISION 70
STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT

582-070-0010
General
Policy
NOTE:
For community rehabilitation programs and medical or related services refer also
to OAR 582-010, 582-075 and 582-080.
It is the policy
of the OVRS to reimburse vendors who provide previously-authorized services and/or
supplies to persons who qualify for such services.
(1) Vendors
shall be paid in accordance with the lesser of:
(a) The
vendor’s usual charge for such service, i.e., that fee for service which the
vendor under ordinary circumstances charges to the general public for such services;
or
(b) A
pre-determined charge that has been negotiated between the vendor and an agency
person authorized to consummate agreements between this agency and the vendor.
(2) In
addition to any such general contracts or agreements, actual services to individuals
must be specifically prior authorized and are not considered approved or billable
until the vendor receives a completed Agency Authorization for Purchase (AFP) form
or its equivalent, listing specific prior authorized services and estimated billable
amounts, signed by the appropriate agency representative(s):
(a) Only
in extreme emergencies may services be prior authorized verbally and any such verbal
authorization must be documented promptly and followed with a written AFP within
72 hours;
(b) Apparent
fraud, misrepresentation or substantial discrepancies between services rendered
and billed amounts shall be investigated and, as appropriate, legal steps taken
to prevent or recover overpayments.
(3) Except
as specified in OAR 582-070-0010(4), Rehabilitation Services funds will not be expended
before OVRS determines that “comparable benefits and services” are not
available to meet, in whole or in part, the cost of such services, unless such a
determination would interrupt or delay:
(a) The
progress of the individual toward achieving the employment outcome identified in
the Individualized Plan for Employment;
(b) An
immediate job placement; or
(c) The
provision of vocational rehabilitation services to any individual who is determined
to be at extreme medical risk, based on medical evidence provided by appropriate
qualified medical personnel.
(4) The
following vocational rehabilitation services are exempt from a determination of
the availability of comparable services and benefits:
(a) Assessment
for determining eligibility and vocational rehabilitation needs;
(b) Counseling
and guidance, including information and support services to assist an individual
in exercising informed choice;
(c) Referral
and other services to secure needed services from other agencies, including other
components of the statewide workforce investment system, if those services are not
available from OVRS;
(d) Job-related
services, including job search and placement assistance, job retention services,
follow-up services, and follow-along services;
(e) Rehabilitation
Technology, including telecommunications, and other technological aids and devices.
(f) Post-employment
services consisting of any of the services in OAR 582-070-0010(4)(a)–(e);
and
(5) Purchases
shall be of the most reasonable and satisfactory quality at the lowest available
cost, subject to supervisory and/or administrative review and/or approval prior
to authorization; accordingly, OVRS reserves the right to establish upper limits
on the utilization of existing services, subject to an exception process.
(6) Preliminary
diagnostic assessment is limited to a review of existing data and such additional
data as is necessary to determine eligibility or, for Rehabilitation Services, to
assign priority for order of selection for service (when appropriate). Comprehensive
assessment and/or extended evaluation services may be provided only until eligibility/ineligibility
or nature and scope of needed Rehabilitation Services can be determined. Additionally,
other services are available (including the use of Rehabilitation Technology services,
as appropriate) to determine the nature, scope and types of services needed to attain
a specific vocational rehabilitation objective of the eligible individual. Continued
eligibility is contingent upon reasonable progress by the individual toward attainment
of measurable intermediate objectives within time-lines arrived at and agreed to
through joint counselor/individual development of the plan and any amendments thereto.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1992, f. & cert. ef. 4-20-92; VRD
4-1993, f. & cert. ef. 11-1-93; VRS 2-2004, f. & cert. ef. 3-9-04; VRS 5-2004,
f. & cert. ef. 8-5-04; VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09;
Administrative correction 8-21-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11
thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-070-0020
Specific
Policies
Specific rules
pertain to the provision of the following services:
(1) On-the-Job
Training:
(a) Payment
to on-the-job trainers/employers for training services shall be negotiated at the
lowest reasonable level and shall always be considered as reimbursement for actual
expenses and/or trainer time; the trainer/employer cannot expect to make a profit
from such payments;
(b) Offset
against an individual's wages shall be negotiated with the trainer/employer on a
mutual sharing basis at the lowest reason able level to adequately pay the individual
for his/her productive work efforts with the trainer/employer ultimately paying
the entire wage. Total length of the training program and length of OVRS involvement
in payments shall be negotiated on the basis of the complexity of the training and
the amount of relevant skill and knowledge the individual possesses prior to entering
training.
(2) Training: Educational
and training services, except on-the-job training, must be purchased from public
educational organizations in Oregon. Exceptions are authorized only when:
(a) No
publicly-supported school provides the courses necessary for the individual’s
needs in order to reach the vocational objective; or
(b) The
individual cannot utilize publicly-supported schools because of his or her disability;
or
(c) OVRS’s
financial participation in the plan is no greater than if the individual had enrolled
at the nearest appropriate publicly-supported school; or
(d) The
net cost to Oregon governmental agencies is significantly less; or
(e) The
training services for the individual will be significantly delayed.
(3) Vocational
training: Referrals for vocational training may be made only to the following schools
or programs:
(a) A
school that has accreditation recognized by the United States Department of Education;
(b) A
school has been approved by the Oregon Student Assistance Commission through the
Office of Degree Authorization to offer and confer degrees in Oregon;
(c) A
community college;
(d) A
state institution of higher education within the Oregon University System;
(e) The
Oregon Health and Science University.
(f) A
career school licensed under ORS 345.010 to 345.450
(g) An
apprenticeship program that is registered with the State Apprenticeship and Training
Council
(4) Maintenance:
OVRS shall only pay or provide for maintenance expenses consistent with the definition
of this term at OAR 582-001-0010(25) and 34 CFR 361.5(b) (35).
(5) Clothing
Purchases: Clothing purchases may be authorized if the need is a result of participation
by the individual in a rehabilitation program and the individual does not possess
sufficient financial resources to provide for these expenses. These must be appropriate
in type and in a price range, comparable to clothing items normally used by persons
engaged in similar rehabilitation, training or employment settings.
(6) Transportation
Services:
(a) OVRS
may provide transportation services if the services are necessary to enable the
applicant or eligible individual to participate in required rehabilitation services.
(b) Selection
of transportations services shall:
(A) Give
preference to the most inexpensive alternative as determined by OVRS; and
(B) Take
into consideration the circumstances and special needs of the individual.
(d) Moving
and relocation expenses. OVRS may authorize moving and relocation expenses when
the office has determined that it is less costly than having the individual commute
for employment or training.
(e) Routine
vehicle maintenance. It is the owner's responsibility to maintain a private vehicle.
OVRS does not pay for routine costs associated with maintenance of a vehicle. OVRS
may make an exception if OVRS determines circumstances justify vehicle maintenance.
(f) Travel
and related expenses for personal assistance. OVRS may provide travel and related
expenses for personal assistance services if such services are necessary to enable
the individual to travel to participate in a vocational rehabilitation assessment
or service.
(7) Vehicle
Insurance: OVRS does not generally pay for vehicle insurance. Oregon law requires
insurance to operate a vehicle and it is an ongoing maintenance expense.
(a) OVRS
does not pay for vehicle insurance unless exceptional circumstances necessitate
assistance to reduce a transportation barrier. OVRS may authorize full or partial
payment only if the office determines auto liability insurance is necessary for
participation in vocational rehabilitation services and supports the least expensive
transportation option.
(b) The
individual shall be responsible for insurance for a vehicle purchased or modified
by OVRS and for insurance on vehicular adaptive equipment
(c) If
the insurance premium increases, or will increase, OVRS may pay for an increase
in the premium for minimum vehicle liability insurance coverage required under Oregon
law.
(d) OVRS
may pay for the full premium amount for minimum vehicle liability insurance coverage
required under Oregon state law if the office determines that payment is appropriate.
OVRS may pay the full premium amount for up to 60 days from the start of employment.
(e) Authorization
of full or partial payment for vehicle insurance requires that:
(A) Payment
for vehicle insurance supports the least expensive transportation alternative for
the individual;
(B) The
individual owns the insured vehicle. If the individual is a minor the individual’s
parents or legal guardians shall own the insured vehicle; and
(C) The
individual, or minor individual’s parents or guardians, has a current valid
Oregon driver’s license.
(8) Travel:
When an individual’s travel requires lodging and meals, payment for lodging
and meals shall be based on the definition of maintenance under 582-001-0010(25)
and shall not exceed the current federal GSA domestic per diem rates for the state
in which the lodging occurred.
(a) The
per diem rate used shall be based on the rate for the city in which the individual
lodges, or the rate for the city closest to where the individual lodges.
(b) Unless
the individual uses a personal vehicle for the needed transportation, reservations
shall be made through the state travel agency.
(c) If
the individual utilizes a service animal; OVRS may provide payment for the lodging
of the service animal.
(d) In
those instances in which the federal per diem rate is insufficient to cover the
cost of lodging, or the individual has a legitimate need for more costly lodging,
payment may exceed the federal per diem rate.
(9) Community
Rehabilitation Programs’ (CRP) Services.
NOTE:
Refer also to OAR 582-010.
(a) State-wide
rates are intended to pay only the anticipated cost of standard rehabilitation services.
This fee schedule may be adjusted for a specific CRP to reflect non-standard types
or levels of service, or statewide for standard service, if a significant increase
or decrease in the actual cost of serving individuals occurs;
(b) For
a CRP operated under private auspices, fees may be negotiated taking into consideration
costs such as buildings, staffing and equipment. For a publicly owned and operated
CRP (e.g., state or county owned or operated) fees, if any, must be based upon and
not exceed actual costs.
(10) Extended
Evaluation: OVRS shall provide only those services authorized under OAR 582-050-0005.
(11) Personal
Care Assistance (PCA). A personal care assistant is provided only when necessary
to allow an individual to benefit from other rehabilitation services, including
assessment, and when the individual is not entitled to PCA services from another
source:
(a) Participant
as Employer: The participant, in most cases, as the employer of the personal care
assistant may be reimbursed for necessary PCA services required to participate in
rehabilitation services;
(b) Third
Party Vendor: Direct payment to the PCA vendor by OVRS requires prior approval in
addition to the requirements of Oregon Administrative Rules Chapter 582, Office
10;
(c) Written
Contract: In most instances the individual is to be the employer of his/her own
personal care assistant. OVRS may assist the individual to establish an appropriate
written contract with the provider.
(12) Interpreter Service:
OVRS provides interpreter service only when necessary to assist the individual to
derive full benefit from other rehabilitation services:
(a) Limitation:
To be provided by OVRS only when "comparable benefits" are not available;
(b) For
the Deaf and Hearing Impaired: OVRS gives preference to using interpreters certified
by the National Registry of Interpreters for the Deaf and/or one who is on the approved
vendor list of the State Association of the Deaf. When deemed mutually acceptable
by the individual and the counselor, another interpreter may be utilized;
(c) Regional
Resources: Oregon Deaf and Hard of Hearing Services (ODHHS) may be used as a resource
to both individuals and staff for securing interpreters.
(13)
Other Support Services Providers: May be selected for specific skills needed. Where
provider licenses, insurance, certificates and state or local codes are indicated
OVRS reasonably attempts to assure that appropriate levels are met before authorizing
services from the provider. (See OAR 582-080 for additional rules on vendor selection.)
(14) Vendor
Insurance: Providers of services shall obtain and maintain insurance as required
by law for that provider; additionally, where OVRS is providing for services, appropriate
levels of personal, automobile, professional and general liability insurance may
be required, depending on the type of service.
(15) Private
vehicle maintenance is primarily the responsibility of the owner. The office does
not pay for insurance or associated expenses such as registration costs. In exceptional
circumstances, as determined by OVRS, the office may make an exception.
(16)
Occupational Licenses, Tools and Equipment for Training and/or Employment:
(a) May
be provided when required for either extended evaluation or when an individual is
in plan status, including post employment. OVRS accepts no responsibility for individual
lease/rental agreements or the leased/rented items other than to reimburse the individual
for such prior authorized expenditures;
(b) Repossessed
items shall be used whenever appropriate and available;
(c) Except
for personally prescribed items, title/ownership of an OVRS purchased (or jointly
purchased) item is held by OVRS (or jointly with OVRS) until case closure when ownership
may be transferred to the individual for non-expendable items deemed by OVRS to
be needed for continued success in the individual’s program.
(17) Land
and/or Stationary Buildings: Are never purchased by OVRS as a service to an individual.
Existing buildings may be modified when necessary to enable an eligible individual
to attain a vocational plan goal. No permanent additions or weight bearing partitions
are to be erected as services to individuals.
(18) Rehabilitation
Technology Services: May be applied at any time during rehabilitation services to
address barriers to the individual’s participation in evaluation, training,
and employment:
(a) OVRS
shall ensure that rehabilitation technology service providers are qualified in the
areas of engineering skills and/or technology required for a given service. Selected
Community Rehabilitation Programs’ Approvals may include rehabilitation technology
services, when State Standards for Approvals are met for rehabilitation technology
services;
(b) Rehabilitation
technology services are exempt from a determination of the availability of comparable
benefits. All reasonably available comparable services shall be used before authorizing
expenditure by OVRS. Personal services contracts for rehabilitation technology services
require field services manager approval prior to implementation.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1992, f. & cert. ef. 4-20-92; VRD
4-1993, f. & cert. ef. 11-1-93; VRD 1-1996(Temp), f. 2-26-96, cert. ef. 3-1-96;
VRS 1-2003, f. & cert. ef. 9-23-03; VRS 2-2003, f. & cert. ef. 12-31-03;
VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2008, f. & cert. ef. 2-4-08; VRS
2-2008, f. & cert. ef. 3-3-08; VRS 3-2008, f. & cert. ef. 4-10-08; VRS 1-2009(Temp),
f. & cert. ef. 2-11-09 thru 8-9-09; Administrative correction 8-21-09; VRS 1-2011(Temp),
f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-070-0025
Vehicle
Purchase/Vehicle Modification
(1) The following
definitions apply to this rule:
(a) “Approved
Vendor” means a dealer recognized by OVRS as an approved retailer or installer
of specified devices;
(b) "Qualified
Mechanic" means; American Standard Automotive or American Standard Engineering certified;
(c) "Qualified
Vehicle Modification Evaluation" means an evaluation performed by a licensed occupational
therapist;
(d) “Reasonable
transportation alternatives” include but are not limited to:
(A) Car
repairs to a vehicle already owned;
(B) Use
of mass transit or community transportation;
(C) Moving
the individual to a new area;
(D) Assistance
from family members, volunteers, paid drivers or attendants;
(E) Car
pools; or
(F) Accommodations
made by individual’s employer.
(e) “Vehicle
modifications” are services involving the purchase and installation of adaptations
or devices intended to meet the employment-related transportation needs of individuals.
(2) OVRS
does not provide funds for individuals to lease or purchase motor vehicles that
require a license to operate. The OVRS administrator may grant an exception if no
reasonable transportation alternatives are available and the office has made the
following determinations:
(a) The
exception is not prohibited by state or federal statute, rule or regulation;
(b) The
individual is eligible for vocational rehabilitation services and is in plan or
post-employment status;
(c) Assessments,
evaluations and tests demonstrate the purchase is necessary to remove a transportation
related barrier;
(d) The
purchase is in support of a specific vocational goal (identified in the individual's
IPE);
(e) At
closure the individual will have sufficient income and resources to meet daily living
expenses and cost of vehicle operation and replacement;
(f) The
individual possesses or can obtain a valid driver's license; and
(g) The
individual can safely operate the vehicle.
(3) OVRS
may deny purchase of vehicle modification services if:
(a) The
individual fails to cooperate with required evaluations, assessments or tests; or
(b) It
is determined the individual is unable to drive safely. OVRS may permit an exception
when a qualified driver other than the individual will be operating the vehicle.
(4) When
OVRS authorizes payment toward a purchase, the primary lien holder must be the office.
(5) OVRS
shall transfer ownership only when required for employment and successful file closure.
OVRS must repossess, reassign or otherwise dispose of the vehicle when it has determined
transfer to the individual is not justified. Disposal must occur according to department
or office property disposition guidelines.
(6) Scope
of Vehicle Modifications: OVRS shall only authorize a vehicle modification when
the office determines modification is the most cost effective and appropriate means
of providing necessary employment-related transportation for the individual. Purchase
of a vehicle modification shall be the least costly necessary to accomplish the
goal of enabling the individual to enter, maintain or regain employment.
(a) As
Rehabilitation Technology, defined as necessary to address vocational barriers confronted
by individuals with disabilities in the area of transportation, OVRS may not purchase
the following:
(A) Modifications
to a van if it would be possible to modify a sedan style automobile to meet the
individual's need for transportation;
(B) Modifications to a vehicle if the individual
owns or has use of another vehicle that would meet the individual's transportation
needs; or
(C) Modifications to a vehicle
if a qualified vehicle modification evaluation indicates that the individual is
not capable of driving due to the individual’s disability. OVRS may permit
an exception when a qualified driver other than the individual will be operating
the vehicle.
(b) OVRS
may provide vehicle modifications if:
(A) The
exception is not prohibited by state or federal statute, rule or regulation;
(B) The
individual does not own another vehicle which meets the individual’s employment-related
transportation needs;
(C) The
individual is capable of safely operating a motor vehicle; and
(D) The
individual requires the proposed modification, as documented and recommended in
by a qualified vehicle modification evaluation.
(7) Vehicle
requirements for OVRS participation in the cost of modifications are as follows:
(a) the
vehicle to be modified has been judged safe and is in reasonably good condition,
as determined by a qualified mechanic;
(b) All
proposed modifications are consistent with applicable vehicle safety laws;
(c) OVRS
shall preauthorize any payment for a modification in a new or used vehicle acquired
by the individual. The individual shall be responsible for the costs of any modification
not recommended by a qualified vehicle modification evaluation. The individual
is responsible for the costs of any modification-equipment not covered by the office;
(d) Preinstalled
modifications in used vehicles. OVRS shall preauthorize any payment for preinstalled
modifications in a used vehicle acquired by the individual. The individual shall
be responsible for all payment for any modification equipment not recommended by
the qualified vehicle modification evaluation and/or any modification equipment
costs not covered by the office;
(e) Unmet
modification requirements. Where new or used pre-existing vehicle modification equipment
is insufficient to meet the individual’s needs, as documented by the qualified
vehicle modification evaluation, the office shall direct negotiate or bid out the
unmet minimum necessary modification requirements;
(f) OVRS
shall not provide such optional equipment as may generally be purchased through
an automobile dealer at the time the vehicle is purchased unless such equipment
is required as a result of the individual’s disability and is categorized
in the Occupational Therapists driver's evaluation as necessary to the modification
of the vehicle;.
(8) OVRS
conditions for vendor selection are as follows:
(a) Vehicle
modifications shall be purchased from vendors or dealers who are listed and on file
with OVRS as an approved vendor of the devices;
(b) Such
purchases must be made in accordance with State procurement regulations and OVRS
purchase policy and procedures.
(9) OVRS
is not obligated to purchase any service negotiated or contracted by the individual
or individual's family. The office shall authorize all vehicle modification services
through the standard State and OVRS procurement and purchasing process.
(10)
Maintaining a private vehicle is the responsibility of the owner.
(11) OVRS
assumes no warranty responsibility.
(12) Second
or subsequent modifications are limited to those needed to accommodate changes in
the individual's medical condition.
(13) The
individual shall be the primary driver of the modified vehicle. The office may make
an exception permitting a qualified driver other than the individual to operate
the modified vehicle;
(14) The
individual must register or co-register the modified vehicle in the individual's
own name. A minor individual must register the modified vehicle in the name of the
individual’s parents or guardian. The office may authorize an exception to
register the modified vehicle in a name other than the name of the individual and/or
individual’s parent or guardian.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 2-1996, f. & cert. ef. 8-28-96; VRS 1-2003, f. & cert. ef. 9-23-03;
VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2008, f. & cert. ef. 2-4-08; VRS
1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11,
cert. ef. 9-1-11
582-070-0030
Limitations
of Payments
NOTE: For medical and related services refer also to OAR 582-075 and 582-080; and, for
providers of community rehabilitation services refer also to OAR 582-010.
(1) Payment in
Full: Vendors providing any services authorized by OVRS shall not make any charge
to or accept any payment from the individual or his/her family for such services
unless the amount of the service charge or payment to be borne by the individual
is previously agreed to by the individual or his/her family, known to and, where
applicable, approved by OVRS.
(2) Client
Financial Participation and the Financial Needs Test: Except as expressly exempted,
services funded by OVRS are subject to Client Financial Participation. Individuals
shall be allowed or required to contribute financially as set forth in OAR 582-070-0030.
The contribution requirements apply starting July 1, 2004 for individuals submitting
applications for services, requests for post-employment services, and for annual
IPE reviews.
(a) The
purpose of individual participation in service costs is to encourage the commitment
of the individual to their vocational rehabilitation goal, create a cooperative
relationship with the individual, and conserve limited OVRS resources.
(b) Except
as provided in OAR 582-070-0030(2) (j) and (k), the following individuals are exempted
from the Financial Needs Test and Client Financial Participation:
(A) Any
individual who has been determined eligible for and is currently the recipient/beneficiary
of Social Security Benefits under Title II (Social Security Disability Insurance,
SSDI) or Title XVI (Supplemental Security Income, SSI) of the Social Security Act;
(B) Recipients
of qualifying needs-based public assistance programs, including Self Sufficiency
Cash Benefits, Oregon Health Plan, Temporary Assistance for Needy Families, and
Food Stamps, and excluding financial aid for post-secondary education;
(C) Homeless
or transient individuals.
(c) Except
as provided in OAR 582-070-0030(2)(j) and (k), the following services are exempt
from Client Financial Participation:
(A) Assessment
for determining eligibility, vocational rehabilitation needs, or priority for services,
including assessment by personnel skilled in rehabilitation technology;
(B) Vocational
rehabilitation counseling and guidance, including information and support services
to assist an individual in exercising informed choice;
(C) Referral
and other services necessary to assist applicants and eligible individuals to secure
needed services from other agencies, including other components of the statewide
workforce investment system and to advise those individuals about client assistance
programs;
(D) Job
related services, including job search and placement assistance, job retention services,
follow-up services, and follow-along services;
(E) Personal
assistance services provided by one or more persons designed to assist an individual
with a disability to perform daily living activities on or off the job that the
individual would typically perform without assistance if the individual did not
have a disability;
(F) Auxiliary
aids or services required to participate in the vocational rehabilitation program,
such as interpreter services including sign language and oral interpreter services
for individuals who are deaf or hard of hearing; or tactile interpreting services
for individuals who are deaf-blind.
(d) Under
the Financial Needs Test, individuals with annual family income of less than either
250 percent of the federal poverty guidelines or $60,000 are not subject to Client
Financial Participation and are exempt from the guidelines set
out in OAR 582-070-0030(2)(e).
(e) Client Financial Participation
shall be determined on an annual basis, not to exceed the annual cost of non-exempt
services to OVRS, applying the following contribution schedule:
(A) Individuals
with family income between $60,000 and $69,999 are subject to a mandatory financial
contribution of $700.
(B) Individuals
with family income between $70,000 and $79,999 are subject to a mandatory financial
contribution of $900.
(C) Individuals
with family income between $80,000 and $89,999 are subject to a mandatory financial
contribution of $1300.
(D) Individuals
with family income between $90,000 and $99,999 are subject to a mandatory financial
contribution of $1700.
(E) Individuals
with family income between $100,000 and $109,999 are subject to a mandatory financial
contribution of $2100.
(F) Individuals
with family income between $110,000 and $119,999 are subject to a mandatory financial
contribution of $2900.
(G) Individuals
with family income between $120,000 and $129,999 are subject to a mandatory financial
contribution of $3700.
(H) Individuals
with family income at $130,000 or higher are subject to a mandatory financial contribution
of $3700 plus ten percent of their family income in excess of $130,000.
(f) OVRS
shall use the following definitions to calculate Client Financial Participation:
(A) "Income"
is determined by the adjusted gross income from the most recent federal tax return,
unless unusual circumstances merit other documentation.
(B) "Family
income" consists of income from the individual, the spouse of the individual if
residing with the individual, and includes parents if the individual is under 18
and living with parents, or the parents claim the individual as a dependent on federal
taxes, or the individual maintains dependent status for financial aid reasons.
(C) "Federal
poverty guidelines" are the current poverty guidelines of the United States Department
of Health and Human Services.
(D) "Size
of the family unit" for purposes of selecting the appropriate federal poverty guideline
includes those family members residing with the individual or claimed on federal
taxes as dependents; but if the individual is under 18 and living with parents,
or the parents claim the individual as a dependent on federal taxes, or the individual
maintains dependent status for financial aid reasons, the family unit may include
those family members residing with the parents or claimed on the federal taxes of
the parents as dependents
(g) If
the individual or their family choose not to share information about their income
as part of the calculation of the financial needs test, an annual, mandatory individual
contribution of $3700 shall be established, not to exceed the annual cost of non-exempt
services to OVRS, unless OVRS concludes that the annual family income of a individual
may exceed $130,000 in which case the individual contribution shall be established
at 100 percent for items and services subject to Client Financial Participation.
(h) Subsequent
Financial Needs Tests shall be conducted with the annual review of the Individualized
Plan for Employment, and may also be conducted if there is a change in the financial
situation of either the individual or the family unit.
(i) "Extenuating
Circumstances" shall be considered when the counselor identifies other information
related to the individual's financial situation that negatively affects the individual's
ability to participate in the cost of the rehabilitation program or if requiring
the expected financial contribution will result in undue delay in the rehabilitation
program. In determining whether to make an adjustment for extenuating circumstances,
OVRS may consider the individual's current income and the reasons for the request.
If there are extenuating circumstances that justify an exception, OVRS may delay
or waive all or part of the individual's financial contribution. In such cases the
counselor shall:
(A) Obtain
written approval of their supervisor;
(B) Provide
documentation of the reasons for the exception;
(C) Maintain
both the signed exception and the documentation of circumstances in the client individual
file record.
(j) If
an individual prefers an upgrade, enhancement, optional feature, or more expensive
vendor of essentially the same service, equipment or item available from a less
expensive vendor, and this preference is not required to satisfy the vocational
rehabilitation goals that justify the expenditure, OVRS and the individual may agree
that the individual shall pay the difference in cost between the service or item
purchased and the service or item available that would have satisfied the vocational
rehabilitation goals that justify the expenditure. In this situation, payment is
required regardless of whether the financial needs test authorizes payments by the
individual; and any payments by the individual in this situation do not count toward
the individual's mandated financial contribution.
(k) An
Individualized Plan for Employment (IPE) may include voluntary client contributions.
An agreement in an IPE to make a voluntary contribution is not enforceable.
(3) Student
Financial Aid: OVRS assures that "maximum" effort is made by OVRS and the individual
to secure student financial aid for any approved training in institutions of higher
education. "Maximum" effort includes making timely application for such grant assistance
on a consistent basis and utilizing such benefits as are available in lieu of Vocational
Rehabilitation funding:
(a) Coverage:
All individuals, including graduate students, must apply for all financial aid benefits
each academic year. All need based grants, including Pell Grants and Student Employment
Opportunity Grants, must be used to pay for educational costs, including tuition
and books, before an individual may utilize VR funds for this purpose. This requirement
does not apply to merit based grants, including scholarships or loans. However,
individuals may voluntarily elect to use these funds, as well as work study and
loans for this purpose.
(b) Other
Comparable Benefits or Services: If a third party (e.g., employer, insurance company,
WCD) is required to or agrees to pay or reimburse to OVRS all of the case service
rehabilitation costs of the individual, the financial aid grant offer need not be
applied against the plan costs nor treated as a "comparable benefit;"
(c) Late
Applications: Pending determination of student aid by the financial aid officer,
OVRS funds can be expended for education-related expenses between the date of application
for financial aid and determination of the individual's eligibility for federal
student aid provided that such expenditures are reduced by any amounts of comparable
benefits subsequently received, excepting student loans;
(d) Duplicate
Payments: When student financial aid is approved, arrangements must be made promptly
to reduce projected OVRS payments and/or recover duplicate payments;
(e) Parent
Non-Participation: With the Field Services Manager's approval, the counselor may
fund the parental contribution portion of the student's budget (as prepared by the
college or university FAO) if the parents refuse or are unable to contribute.
(4) For
Industrially-Injured Workers: OVRS shall provide only for the cost of those rehabilitation
services which are not the responsibility of the employer, insurer or the Oregon
Worker's Compensation Office.
(5) Increased
Cost Maintenance: OVRS shall not provide maintenance except for additional costs
incurred while participating in authorized services, such as when the individual
must maintain a second residence away from the regular household in order to achieve
a rehabilitation goal. Such maintenance shall be provided according to the provisions
under OAR 582-070-0020(4), 582-001-0010(25), and 34 CFR 361.5(b) (35).
(6) Physical
and Mental Restoration Services: Are provided only to ameliorate a diagnosed physical
or mental condition that presents a substantial impediment to employment for the
eligible individual. The services must be essential for the individual's achievement
of a vocational goal:
(a) Drugs:
(A) When
a physician (MD or OD) or dentist recommends prescription medication, if practical,
the lowest price (e.g., generic) shall be obtained prior to issuing an authorization;
(B) Controlled
substances require a prescription; an attending physician's statement under ORS
475.309(2)(a) does not qualify as a prescription.
(b) Dental
Services: Dental care may be provided by OVRS when the condition of teeth or gums
imposes a major impediment to employment (e.g., endangers health, emergency needs,
or serious cosmetic needs). Dentures may be purchased
from licensed dentists or certified denturists;
(c) Eye Glasses: Eye glasses
may be purchased when determined essential for evaluation of eligibility or the
achievement of the vocational goal, limited to basic frames and lenses unless other
features are medically required (e.g., sun glasses, tints, contact lenses);
(d) Wheelchairs:
OVRS may purchase a wheelchair when the equipment is required to reduce or eliminate
a disability related functional limitation that is a substantial impediment to employment.
Wheelchairs must be prescribed by a qualified medical specialist;
(e) Hearing
Aids. OVRS may provide hearing aides only when:
(A) Essential
to complete an evaluation;
(B) Necessary
to reduce or eliminate a barrier to employment; or
(C) The
participant requires the hearing aids to retain employment. OVRS shall document
the need for a hearing aid. All hearing services must be performed by licensed audiologists.
(f) Other
Prosthetic Devices: Prosthetic devices may be purchased only upon the authorization
of the counselor and with a written prescription by a qualified professional;
(g) Psychotherapy:
Group or individual psychotherapy may be provided in those instances when required
for a person to reach a vocational goal and when an immediate and positive goal
related impact is anticipated. A specific number of sessions or a specified time
limit is required. OVRS may limit these services to those recommended by an OVRS
psychological or psychiatric consultant;
(h) Physical
or mental restoration services shall not be provided by OVRS for the treatment of
an acute or chronic medical complication or emergency unless these are associated
with or arise out of the provision of physical or mental restoration services in
the IPE, or are inherent in the condition under treatment as described in the IPE.
(i) Corrective
surgery or therapeutic treatment shall not be provided or funded by OVRS if it is
not likely within a reasonable period of time to correct or modify substantially
a stable or slowly progressive physical or mental impairment that constitutes a
substantial impediment to employment.
(7) Services
Not Provided: OVRS shall not authorize or provide funding for the following services:
(a) Any
individual-incurred debt;
(b) Any
services obtained by the individual prior to the date of application;
(c) Purchase
of land or stationary buildings;
(d) Fines
or penalties, such as traffic violations, parking tickets, library fines, etc;
(e) Breakage
fees and other refundable deposits;
(f) Contributions
and donations;
(g) Entertainment
costs;
(h) Payments
to credit card companies;
(i) Authorization
to supermarkets or grocery stores for food items;
(j) Basic
Maintenance;
(k) Gender
reassignment surgery;
(l) Except
for eye glasses or hearing aids essential to completing diagnostic/evaluation services
(to determine Rehabilitation Services eligibility) in applicant status, or occupational
tools or licenses essential to Extended Evaluation Services, the following may never
be authorized for an individual who has applied but has not yet been found eligible
for rehabilitation services:
(A) Prosthetic
devices;
(B) Occupational
tools and licenses;
(C) Placement
services.
(8) OVRS
shall not contract with individuals receiving OVRS services, except in the following
circumstances:
(a) The
individual is a current OVRS vendor and is receiving services from or through OVRS;
or,
(b) The
individual's Individualized Plan for Employment provides for the development of
a business where there is no known competition in the region of the state in which
the business will be or is located. In addition, the individual's case has been
reviewed by a branch manager who concurs there is no known competition to the business
or proposed business.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1981, f. & ef. 12-1-81; VRD 2-1992,
f. & cert. ef. 4-20-92; VRD 4-1993, f. & cert. ef. 11-1-93; VRS 2-2004,
f. & cert. ef. 3-9-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2008, f.
& cert. ef. 2-4-08; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11;
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-070-0040
Repossession/Disposition
of Non-Expendable Property
(1) For tools,
supplies, equipment, vehicles, etc., funded by OVRS and needed by the individual
for employment at time of closure as employed (from Individualized Plan for Employment
or post-employment services), ownership or title is transferred to the individual.
(2) If
an individual is closed as 'other than rehabilitated', or if tools, supplies, equipment,
vehicles, etc., are not needed while the individual is receiving plan services or
not needed by the individual employed at the time of a successful closure, where
practical and appropriate, such property shall be repossessed and reassigned or
otherwise disposed of by OVRS if this property was funded by OVRS and has a current
aggregate value of $1000 or more:
(a) For
such property with a current aggregate value under $1000, the counselor may agree
to transfer the property to the ownership of the individual. Such agreements are
only valid if the agreement is written. If there is no such agreement, the counselor
shall make a reasonable effort to repossess the property through voluntary cooperation
by the involved individual, individual's family or other individual who may be in
current possession of said property, including small claims court; and
(b) For
property with current values estimated to be $1000 or more in the aggregate, OVRS
may pursue, if necessary, other available legal means to regaining such property,
or its equivalent value, including obtaining advice or assistance from the office
of the attorney general.
(3) Any
property funded by OVRS that has been purchased via prescription (such as glasses,
hearing aids, wheelchairs) may be retained by the individual, with justification
at closure documented in the individual’s record.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 2-1992, f. & cert. ef. 4-20-92; VRS 5-2004, f. & cert. ef. 8-5-04; VRS
1-2005, f. & cert. ef. 1-11-05; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11
thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-070-0041
Self Employment
Including Micro-Enterprises
Self-employment
is an employment option that offers people with disabilities an opportunity to enter
the labor market and contributes to self-sufficiency and independence. Self-employment,
including micro-enterprises, should be consistent with the individual’s strengths,
resources, priorities, concerns, abilities, capabilities and interests, providing
the individual full opportunity to exercise informed choice in the selection of
their employment outcome.
Stat. Auth: ORS
344.530(2)

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-2000, f. & cert. ef. 7-24-00; VRS 5-2004, f. & cert. ef. 8-5-04; VRS
2-2011, f. 8-12-11, cert. ef. 9-1-11
582-070-0042
Definitions
The following
definitions apply to Rules 582-070-0041 through 582-070-0044:
(1) "Business
plan" means a document that describes the organization and operation of the proposed
business. It is prepared by the individual, with assistance, as needed, from the
counselor and/or Small Business Development Center at a local community college,
a micro-enterprise organization, private business consultant, consultant from the
Service Corps of Retired Executives (SCORE) or other similar source(s). The business
plan shall be used by the counselor and the individual, in consultation with a qualified
expert, to evaluate the viability of the business, as well as provide the individual with a blue print for the business. The business
plan shall outline the financial projections of the business, the business marketing
plan, and the method and schedule of ongoing record keeping and analysis that shall
be used to evaluate the progress of the business. If the plan is viable, it can
also be used to apply for any needed funding.
(2) "Self-employment" means
working for oneself, in a business that sells goods or services. Self-employment
may be a sole proprietorship, partnership, or corporation. If the business plan
includes a partnership or corporation, and OVRS funding is requested, the individual
must be the owner, controlling partner or controlling shareholder of the corporation.
(3) "Start-up
costs" mean those costs as described in the business plan required in order for
a business to begin operation. Start up costs that are considered reasonable and
necessary shall only be considered for funding by OVRS after all comparable services
and benefits have been applied. Reasonable and necessary start-up costs required
to establish the business may be provided by the OVRS in accordance with applicable
purchasing rules and regulations.
(4) "Viable"
when used with "business plan" means a business plan that has a reasonable chance
of success leading to self sufficiency, based upon a market feasibility study; financial
review of projected revenue, expenditures and assets; and the demonstrated technical
and business management skills and abilities of the individual. An analysis of the
ongoing costs required for the operation of the business and the resources that
will cover those expenses will also be necessary to determine whether the projected
resources will be sufficient to cover ongoing operational costs of the business.
In order to be "viable" the individual’s technical skills must be commensurate
with those required of the self-employment venture. A business plan, to be viable,
has been reviewed, in consultation with the individual and the OVRS counselor, by
an individual or organization with a credible background in business planning. Although
OVRS does not require that an individual utilize loan funds as a comparable benefit,
a business plan may require loan funding or additional funding sources other than
OVRS (e.g., family, friends) in order to be considered viable.
Stat. Auth: ORS
344.530(2)

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-2000, f. & cert. ef. 7-24-00; VRS 5-2004, f. & cert. ef. 8-5-04; VRS
1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11,
cert. ef. 9-1-11
582-070-0043
Nature
and Scope of OVRS Services/Role of the Vocational Rehabilitation Counselor and the
Individualized Plan for Employment
(1) The primary
role of the Vocational Rehabilitation Counselor when assisting the individual in
obtaining self-employment is to address the individual’s disability-related
barriers to employment. The Vocational Rehabilitation Counselor shall ensure the
individual's business plan and the Individualized Plan for Employment (IPE) incorporates
the strengths, resources, priorities, concerns, abilities, capabilities, and interests
identified in a comprehensive assessment. In order to ensure the individual is provided
full opportunity to exercise informed choice, OVRS may:
(a) Help
the individual evaluate his or her abilities, and interest in managing a business,
including both formal evaluation, as well as observation and assessment of the individual's
planning skills, ability to formulate a marketing and business plan, aptitudes to
perform skills intrinsic in the operation of the business, initiative, commitment,
and follow-through on tasks;
(b) Help
the individual develop a viable business plan;
(c) Help
the individual research and obtain the resources necessary for the business plan;
(d) Identify,
in full consultation with the individual, the measurements that shall be used to
determine progress toward the planned outcome.
(e) Work
with the individual to understand the risks and responsibilities of owning and operating
a business, especially when funds are borrowed to capitalize and support ongoing
business needs; and
(f) Assist
with reasonable and necessary start-up costs of viable business plans when appropriate.
(2) If
the individual's formal business plan is determined to be viable, the counselor
and the individual shall complete the individual's Individualized Plan for Employment
(IPE). The IPE must:
(a) Specify
needed services and costs, including training in specific skill areas in starting
and owning a business, if the individual lacks skills necessary for successful business
management;
(b) Identify
Assistive Technology and any other accommodations required;
(c) Identify
all resources available to fund the business plan, as described in OAR 582-070-0044(2).
(d) Include
a plan to monitor and evaluate the success of the business through scheduled reviews
with the individual, and individual provided financial and marketing activity reports,
as defined in the business plan.
Stat. Auth: ORS
344.530(2)

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-2000, f. & cert. ef. 7-24-00; VRS 5-2004, f. & cert. ef. 8-5-04; VRS
1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11,
cert. ef. 9-1-11
582-070-0044
Funding
Requirements for a Viable Business Plan
(1) Under most
circumstances, OVRS should not be considered a primary resource for the capital
required for a self-employment venture. When no comparable benefits and services
are available, OVRS may fund reasonable and necessary start up costs for a business
as part of a individual's Individualized Plan for Employment. In order for a plan
to be viable, other funding sources may be necessary to cover costs identified in
the business plan that would not be covered by OVRS.
(2) Funding
for the business plan may include, but is not limited to, the individual's own resources;
comparable services and benefits; loans from banks, finance companies or venture
capitalists; grants; foundations; loans or loan guarantees from the Small Business
Administration; local and state economic development funds; help from family or
friends; a Social Security Plan for Achieving Self Support (PASS); or other such
resources.
(3) The
individual is not required to accept a loan or utilize a PASS plan to fund the business
plan. However, to be viable, a business plan may require additional funding such
as that in a subsection (2) to cover the cost of the business venture.
(4) Except
for reasonable and necessary initial start-up costs, OVRS shall not pay for ongoing
functions intrinsic to the operations of the business. Any request for initial start-up
costs must include:
(a) The
determination that OVRS and the individual have explored all reasonable self-employment
funding options, as identified in subsection (2); and
(b) The
determination that available financial resources, as identified in subsection (2),
will not meet the reasonable and necessary start-up costs for the business.
(c) Verification
from the qualified expert approving the business plan that the requested start up
costs are reasonable, necessary, and representative of what would be required for
a start up business to begin operations.
(5) OVRS
shall assume no financial liability for debts, including existing debt. Any loss
shall not be reimbursed by OVRS.
(6) If
additional funding such as that in subsection (2) is required to cover the cost
of the business venture, the individual shall decide, based upon informed choice
about the funding options available, whether to proceed with the business plan.
This may include deciding to accept a loan for capitalization and ongoing business
expenses.
Stat. Auth: ORS
344.530(2)

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 1-2000, f. & cert. ef. 7-24-00; VRS 5-2004, f. & cert. ef. 8-5-04; VRS
1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11,
cert. ef. 9-1-11

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