This
rule was filed as 6 NMAC 8.100.1.
TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 100 VOCATIONAL REHABILITATION – CLIENT SERVICES
PART 2 DIRECT CLIENT SERVICES
6.100.2.1 ISSUING
AGENCY: State Board of Education
[12-31-98;
07-30-99; Recompiled 10/31/01]
6.100.2.2 SCOPE: The provisions of this regulation apply to:
persons served by DVR; commercial and non-profit organizations that are either
certified by DVR to provide vocational rehabilitation services or employed as
its contractual agent; and those state and local governmental agencies which
have entered into cooperative arrangements with DVR.
[12-31-98;
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6.100.2.3 STATUTORY
AUTHORITY: This regulation is
adopted pursuant to Section 22-14-8 NMSA 1978.
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6.100.2.4 DURATION: Permanent
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6.100.2.5 EFFECTIVE
DATE: December 31, 1998
[12-31-98;
Recompiled 10/31/01]
6.100.2.6 OBJECTIVE: This regulation governs the administration of
laws relating to vocational rehabilitation services. The purpose of DVR is to
empower individuals with disabilities to maximize their employment, economic
self-sufficiency, independence, and inclusion and integration into society; and
to play a leadership role in promoting the meaningful and gainful employment
and the independent living of individuals with disabilities, and assist
providers of services in their efforts in this regard.
[12-31-98;
Recompiled 10/31/01]
6.100.2.7 DEFINITIONS:
A. "Applicant" means an individual for whom a
formal application for vocational rehabilitation services has been signed and
submitted to DVR by the individual or the individual's authorized
representative.
B. [Reserved]
C. [Reserved]
D. [Reserved]
E. Community rehabilitation program means a program that
provides directly or facilitates the provision of vocational rehabilitation
services to individuals with disabilities, and that provides, singly or in
combination, for an individual with a disability to enable the individual to
maximize opportunities for employment, including career advancement.
(1) Medical, psychiatric, psychological,
social, and vocational services that are provided under one management;
(2) Testing, fitting, or training in the use
of prosthetic and orthotic devices;
(3) Recreational therapy;
(4) Physical and occupational therapy;
(5) Speech, language, and hearing therapy;
(6) Psychiatric, psychological and social
services, including positive behavior management;
(7) Assessment for determining eligibility
and vocational rehabilitation needs;
(8) Rehabilitation technology;
(9) Job development, placement, and retention
services;
(10) Evaluation or control of specific
disabilities;
(11) Orientation and mobility services for
individuals who are blind;
(12) Extended employment;
(13) Psycho-social rehabilitation services;
(14) Supported employment services and extended
services;
(15) Services to family members when necessary
to the vocational rehabilitation of the individual;
(16) Personal assistance services; or
(17) Services similar to the services described
above.
F. [Reserved]
G. [Reserved]
H. Disability" means a physical or mental impairment
that constitutes or results in a substantial impediment to employment.
I. [Reserved]
J. "Employment outcome" means, with respect to
an individual, entering or retaining full-time or, if appropriate, part-time
competitive employment in the integrated labor market (including satisfying the
vocational outcome of supported employment) as well as homemaking, sheltered
employment, and home-based employment.
K. [Reserved]
L "Extended services" means ongoing support
services and other appropriate services, needed to support and maintain an
individual with the most severe disability in supported employment, that:
(1) Are provided singly or in combination and
are organized and made available in such a way as to assist an eligible
individual in maintaining integrated, competitive employment;
(2) Are based on a determination of the needs
of an eligible individual, as specified in an individualized written
rehabilitation program; and
(3) Are provided by a State agency, a
nonprofit private organization, employer, or any other appropriate resource,
after an individual has made the transition from support provided by the
designated State unit.
M [Reserved]
N. "Functional limitations" mean limitations
imposed by an impairment that impede or limit an individual's functioning in
one or more of the following areas (or in any area of physical or mental
function):
(1) Sensory functioning;
(2) Manual dexterity;
(3)
Motor coordination;
(4) Physical strength or stamina;
(5) Mobility;
(6) Work habits;
(7) Personal behavior;
(8) Academic achievement;
(9) Interpersonal relations;
(10) Job seeking skills;
(11) Physical appearance;
(12) Physical or mental comfort;
(13) Thought processes;
(14) Learning;
(15) Emotional stability;
(16) Communication;
(17) Speech;
(18) Perception;
(19) Judgment; or
(20) Memory.
O. [Reserved]
P. [Reserved]
Q. "Individual with a severe disability" means
an individual with a disability:
(1) Who has a severe physical or mental
impairment which seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
(2) Whose vocational rehabilitation can be
expected to require multiple vocational rehabilitation services over an
extended period of time; and
(3) Who has one or more physical or mental
disabilities resulting from amputation, arthritis, autism, blindness, burn
injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart
disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), paraplegia, quadriplegia and other spinal cord conditions,
sickle-cell anemia, specific learning disabilities, end-stage renal disease, or
another disability or combination of disabilities determined on the basis of an
assessment for determining eligibility and vocational rehabilitation needs.
R. [Reserved]
S. [Reserved]
T. [Reserved]
U. "Personal assistance services" means a range
of 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 if the individual did not have a disability.
Such services shall be designed to increase the individual's control in life
and ability to perform everyday activities on or off the job.
V. [Reserved]
W. "Physical or mental impairment" means a
physical or mental condition which substantially contributes to limiting, or if
not corrected will probably result in limiting, an individual's functioning.
The same exclusions that apply to the definition of "disability"
under this rule apply to the term "Physical or Mental Impairment".
X. [Reserved]
Y. [Reserved]
Z. "Rehabilitation technology" means the
systematic application of technologies, engineering methodologies, or
scientific principles to meet the needs of and address the barriers confronted
by individuals with disabilities in areas which include education,
rehabilitation, employment, transportation, independent living, and recreation.
The term includes rehabilitation engineering, assistive technology devices, and
assistive technology services.
AA. "Substantial impediment to employment" means
a physical or mental impairment, in light of attendant medical, psychological,
vocational, educational, and other related factors that impedes an individual's
occupational performance by preventing the individual from obtaining,
retaining, or preparing for employment consistent with the individual's
capacities and abilities.
BB. "Substantially limits" means, in relation to
the impairment, having a substantial consequence that is not temporary or
easily ameliorated.
CC. "Supported employment" means competitive
work in integrated work settings for individuals with the most severe
disabilities for whom competitive employment has not traditionally occurred; or
for whom competitive employment has been interrupted or intermittent as a
result of a severe disability; and who, because of the nature and severity of
their disability, need intensive supported employment services or extended
services in order to perform such work. Such term includes transitional
employment for persons who are individuals with the most severe disabilities
due to mental illness.
DD. "Temporarily or easily ameliorated" means of
no permanent or chronic consequence; a condition which is expected to last for
a limited time only or to be corrected, either partially or totally, by an
identified treatment, with little or no residual effects on functioning; an
impairment for which the only service needed is payment of medical expenses.
EE. [Reserved]
FF. [Reserved]
GG. [Reserved]
[12-31-98;
Recompiled 10/31/01]
6.100.2.8 GENERAL
POLICY: General policies
include:
A. Respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful careers, based on
the informed choice of individuals with disabilities;
B. Respect for the privacy, rights, and equal access of
individuals with disabilities;
C. Inclusion, integration, and full participation of
individuals with disabilities;
D. Support for the involvement of the family, advocates
or authorized representatives, if desired or requested by the individual with a
disability; and
E. Support for individual and systemic advocacy and
community involvement.
[12-31-98;
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6.100.2.9 NONDISCRIMINATION
IN FEDERALLY ASSISTED PROGRAMS AND FEDERAL GRANTS: DVR
shall conduct programs and activities in such a manner that no person in the
United States will be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any such program or activity on the
ground of race, color, national origin, sex, religion, age, or physical or
mental impairment.
[12-31-98;
Recompiled 10/31/01]
6.100.2.10 STAFFING OF THE STATE VOCATIONAL REHABILITATION PROGRAM:
A. DVR shall employ sufficient number of staff with
appropriate qualifications to carry out all functions required, including
program planning and evaluation, staff development, rehabilitation facility
development and utilization, medical consultation, and rehabilitation
counseling services for individuals with severe handicaps.
B. DVR shall make personnel available who are able to
communicate in the native languages of applicants with limited English-speaking
ability from ethnic groups which represent substantial segments of the state
population as well as personnel who are able to communicate with individuals
who rely on special modes of communication such as oral and non-verbal
communication devices.
C. DVR shall recruit, prepare and retain qualified
personnel, including personnel from minority backgrounds, and personnel who are
individuals with disabilities.
D. DVR shall provide a system for the continuing
education of the rehabilitation professionals and paraprofessionals it employs,
particularly with respect to rehabilitation technology.
E. DVR shall set, establish and maintain standards to
ensure that its personnel are appropriately and adequately prepared and
trained.
[12-31-98;
Recompiled 10/31/01]
6.100.2.11 PLANNING:
A. DVR shall develop and administer a state plan and a
related strategic plan for vocational rehabilitation services which are
effective for all political subdivisions, except in the case of any activity of
demonstration projects or special initiatives likely to assist groups of
individuals with disabilities.
B. DVR shall conduct public hearings to obtain comments
for development of a state plan and strategic plan for provision of
rehabilitation services, after appropriate and sufficient notice, to allow
interested groups and organizations, and all segments of the public an
opportunity to participate.
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6.100.2.12 ESTABLISHMENT OF STATE REHABILITATION ADVISORY
COUNCIL: DVR shall establish a
state rehabilitation advisory council, seek and consider the advice of the
council, and transmit to the council: all plans, reports, and other information
required to be submitted to the commissioner of the rehabilitation services
administration; all policies, practices, and procedures of general applicability
provided to or used by rehabilitation personnel; and copies of due process
hearing decisions, which shall be transmitted in such a manner as to preserve
the confidentiality of the participants in the hearings.
[12-31-98;
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6.100.2.13 INFORMATION, REFERRAL, AND OUTREACH:
A. DVR will provide for the establishment and maintenance
of information and referral programs (the staff of which shall include, to the
maximum extent feasible, interpreters for individuals who are deaf) in
sufficient numbers to assure that individuals with disabilities within the
state are afforded accurate vocational rehabilitation information and
appropriate referrals to other federal and state programs and activities which
would benefit them.
B. DVR will conduct outreach procedures to identify and
serve individuals with disabilities who are minorities and individuals with
disabilities who have been unserved or under-served by the vocational
rehabilitation system.
[12-31-98;
Recompiled 10/31/01]
6.100.2.14 COOPERATION WITH OTHER PUBLIC AGENCIES:
A. DVR will enter into appropriate cooperative
arrangements with, and utilize the services and facilities of, federal, state,
and other governmental agencies administering programs related to the
rehabilitation of handicapped individuals to ensure that clients with
disabilities receive appropriate services.
B. When the state's share of the cost of a cooperative
program for providing vocational rehabilitation services or for engaging in
administrative activities of DVR is furnished in whole or in part by a state or
local public agency other than DVR, each such cooperative program will be based
on a written agreement which meets the requirements of applicable federal
regulations.
C. DVR shall provide training to staff of other
appropriate governmental agencies as to the availability and benefits of, and
eligibility standards for, vocational rehabilitation services, in order to
enhance the opportunity of individuals to obtain vocational rehabilitation
services.
D. In providing for interagency cooperation, DVR will, as
appropriate: establish interagency working groups; enter into formal
interagency cooperative agreements that identify policies, practices, and
procedures that can be coordinated among the agencies (particularly definitions,
standards for eligibility, the joint sharing and use of evaluations and
assessments, and procedures for making referrals); identify available resources
and define the financial responsibility of each agency for paying for necessary
services (consistent with state law) and procedures for resolving disputes
between agencies; and include all additional components necessary to ensure
meaningful cooperation and coordination.
[12-31-98;
Recompiled 10/31/01]
6.100.2.15 USE OF COMMUNITY RESOURCES:
A. DVR will maximally utilize public or other vocational
or technical training programs or other appropriate resources in the community;
and, as appropriate, enter into agreements with the operators of community
rehabilitation programs for the provision of services for the rehabilitation of
individuals with disabilities.
B. DVR will assure that facilities used in connection
with the delivery of services assisted under the state plan will comply with
the Architectural Barriers Act of 1968, with section 504 of Rehabilitation Act
of 1973 as amended, and with the Americans with Disabilities Act of 1990. DVR will require an assurance from each
community rehabilitation program it employs, certifying that the program is
either in compliance with the aforementioned regulatory requirements or
documenting why it has a valid exemption under the law.
[12-31-98;
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6.100.2.16 CASE RECORDING:
DVR
shall maintain a case record for each applicant for, and recipient of,
vocational rehabilitation services.
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6.100.2.17 AUTHORIZATION OF SERVICES: DVR
shall authorize vocational rehabilitation services for individuals with
disabilities in writing prior to providing such services. In emergency
situations, DVR may make verbal authorization for vocational rehabilitation
services, issuing prompt written authorization to the service provider.
[12-31-98;
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6.100.2.18 PROTECTION, USE AND RELEASE OF PERSONAL
INFORMATION: DVR shall safeguard
confidentiality of personal information about applicants for and recipients of
vocational rehabilitation services.
[12-31-98;
Recompiled 10/31/01]
6.100.2.19 ESTOPPEL: Statements of fact or
law by employees of DVR shall not estop DVR from acting in accordance with
federal and state laws and regulations.
[12-31-98;
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6.100.2.20 FACTORS DISREGARDED IN DETERMINING ELIGIBILITY: DVR shall determine eligibility of applicants
for services without regard to:
A. Sex, race, creed, religion, age, color, or national
origin;
B. Upper or lower age limits if they result by themselves
in a finding of ineligibility for any applicant who otherwise meets the basic
eligibility requirements;
C. A residence requirement, durational or otherwise,
which excludes from service any individual who is present in the state; or
D. Current illegal use of drugs, if the applicant is
otherwise eligible for services.
[12-31-98;
Recompiled 10/31/01]
6.100.2.21 ELIGIBILITY CRITERIA:
A. An individual is eligible for assistance for
vocational rehabilitation services if the individual:
(1) has a physical or mental impairment
which, for the individual, constitutes or results in a substantial impediment
to employment; and
(2) can benefit in terms of an employment
outcome from vocational rehabilitation services; and
(3) requires vocational rehabilitation
services to prepare for, enter, engage in, or retain gainful employment.
B. An
individual who has a disability or is blind as determined under Title II or XVI
of the Social Security Act is considered to have:
(1) a physical or mental impairment which
constitutes or results in a substantial impediment to employment; and
(2) a severe physical or mental impairment
which seriously limits one or more functional capacities in terms of an
employment outcome.
C. Determinations by other agencies, particularly
education agencies, regarding whether an individual satisfies one or more
factors relating to the determination that an applicant is an individual with a
disability or a severe disability are to be used to the extent appropriate,
available, and consistent with the requirement of the Rehabilitation Act of
1973, as amended.
[12-31-98;
Recompiled 10/31/01]
6.100.2.22 PRESUMPTION OF BENEFIT:
A. There is a presumption that an individual can benefit
in terms of an employment outcome from vocational rehabilitation services.
Thus, all individuals applying for vocational rehabilitation services are presumed
to be able to benefit in terms of an employment outcome from vocational
rehabilitation services unless DVR can rebut this presumption.
B. To rebut this presumption, DVR must demonstrate by
clear and convincing evidence that an individual is incapable of benefiting
from vocational rehabilitation services in terms of an employment outcome.
C. If there is an issue concerning the severity of an
individual's disability, DVR must conduct an extended evaluation prior to
determining that the individual is incapable of benefiting from services.
[12-31-98;
Recompiled 10/31/01]
6.100.2.23 TIME LIMIT FOR DETERMINING ELIGIBILITY:
A. DVR shall determine whether an individual is eligible
for vocational rehabilitation services within 60 days after the individual has
submitted an application to receive services.
B. DVR may extend the 60 day limit for determining
eligibility if:
(1) DVR notifies the individual that
exceptional and unforeseen circumstances beyond its control preclude the completion
of the eligibility determination within the 60 days and the individual agrees
that an extension of time is warranted; or
(2) An extended evaluation is required.
[12-21-98;
Recompiled 10/31/01]
6.100.2.24 ASSESSMENT
OF EXISTING DATA AND PRELIMINARY ASSESSMENT OF REHABILITATION NEEDS:
A. The counselor assigned by DVR shall review existing
data:
(1) To determine whether an individual is
eligible for vocational rehabilitation services; and
(2) To assign the
priority of the individual for order of selection (if and when an order of
selection is in force).
B. If existing data are unavailable, insufficient, or
inappropriate to make a determination of eligibility, the counselor assigned by
DVR shall conduct a preliminary assessment to determine the individual's
eligibility and priority for order of selection (if and when an order of
selection is in force).
C. A preliminary assessment may include the provision of
those vocational rehabilitation services necessary to determine whether the
individual can benefit in terms of an employment outcome from the provision of
vocational rehabilitation services.
D. Decisions regarding the nature and scope of the
vocational rehabilitation services to be provided during a preliminary
assessment shall be made on a case-by-case basis, with consideration given to
the importance of providing assistive technology devices and services and
work-site assessments as a part of the preliminary assessment.
E. In all cases of mental or emotional disorder, DVR
shall require documentation of examination by a physician skilled in the
diagnosis and treatment of such disorders, by a psychologist licensed by the
state, or by a psychologist classified by the state personnel board, or other
appropriate professional credentialed by or through the state.
[12-31-98;
Recompiled 10/31/01]
6.100.2.25 DETERMINATION
OF ELIGIBILITY: When an applicant is determined eligible for vocational rehabilitation
services, the counselor assigned by DVR shall prepare a signed and dated
statement to this effect. Such a statement is prepared only after consultation
with the individual, or, as appropriate, his parent, family member, guardian,
or authorized representative, or after affording a clear opportunity for such
consultation.
[12-31-98; Recompiled
10/31/01]
6.100.2.26 DETERMINATION
OF INELIGIBILITY:
A. Any of the following reasons may constitute the basis
for a determination of ineligibility:
(1) no impairment exists;
(2) an impairment exists; however, there is
no clear evidence that it has resulted in a substantial impediment to
employment;
(3) the individual cannot benefit from
vocational rehabilitation services in terms of an employment outcome; or
(4) [Reserved]
B. When an applicant is determined ineligible for
vocational rehabilitation services, the counselor assigned by DVR shall prepare
a signed and dated statement to this effect. Such a statement of ineligibility
is prepared only after consultation with the individual, or, as appropriate,
his parent, family member, guardian, or authorized representative, or after
affording a clear opportunity for such consultation.
[12-31-98;
Recompiled 10/31/01]
6.100.2.27 DETERMINATION
OF THE NEED FOR EXTENDED EVALUATION: When the counselor assigned by DVR is unable to make
a determination that vocational rehabilitation services are required for an
applicant in terms of employment outcome unless there is an extended evaluation
to determine rehabilitation potential, the counselor shall make a signed and
dated statement of such inability, providing for an extended evaluation. Such a
statement, providing for an extended evaluation, is prepared only after consultation
with the individual, or, as appropriate, his parent, family member, guardian,
or authorized representative, or after affording a clear opportunity for such
consultation.
[12-31-98; Recompiled
10/31/01]
6.100.2.28 EXTENDED
EVALUATION TO DETERMINE ELIGIBILITY AND SCOPE OF SERVICES NEEDED:
A. DVR provides vocational rehabilitation services under
extended evaluation to determine eligibility based upon:
(1) The presence of a physical or mental
impairment which for the individual constitutes or results in a substantial
impediment to employment; and
(2) An inability to make a determination that
vocational rehabilitation services are required for the individual in terms of
an employment outcome.
B. DVR may provide vocational rehabilitation services
necessary for the determination of eligibility, including those provided within
a comprehensive assessment and, where appropriate, the provision of
rehabilitation technology services to an applicant with a disability to assess
and develop the capacities of the individual to perform in a work environment,
for a total period not in excess of 18 months.
C. [Reserved]
D. DVR may terminate vocational rehabilitation services
necessary for the determination of eligibility at any time prior to the
expiration of the 18-month extended evaluation period for the determination of
eligibility when:
(1) The individual is found eligible for
vocational rehabilitation services based upon a determination that the
individual can be expected to benefit in terms of employment outcome from
vocational rehabilitation services; or
(2) The individual is found ineligible for
any additional vocational rehabilitation services on the basis of clear and
convincing evidence that the individual is incapable of benefiting from
vocational rehabilitation services in terms of an employment outcome.
[12-31-98;
Recompiled 10/31/01]
6.100.2.29 NOTIFICATION,
AND REVIEW OF ELIGIBILITY DECISIONS:
A. When an individual is determined eligible or
ineligible for vocational rehabilitation services, DVR shall notify the
individual in writing of the determination. DVR shall specify:
(1) The reasons for such a determination;
(2) The rights and
remedies available to the individual, including, if appropriate, recourse to
the impartial hearing process;
(3) The availability of services provided by
the client assistance program to the individual; and
(4) The individual's right to re-apply for
services upon a change of the individual's circumstances.
B. Within twelve months of the date of the determination
of ineligibility DVR shall conduct a review to assess new information or
changes in circumstances of the individual that may affect his eligibility.
C. DVR shall continue annual reviews of a determination
of ineligibility at the request of the individual, his guardian, parent or
representative.
[12-31-98;
Recompiled 10/31/01]
6.100.2.30 ORDER OF SELECTION:
[RESERVED]
[12-31-98;
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6.100.2.32 COMPREHENSIVE
ASSESSMENT OF VOCATIONAL NEEDS:
A. Once an individual is determined eligible for
vocational rehabilitation services and to the extent necessary, DVR shall
provide a comprehensive assessment of the unique strengths, resources,
priorities, interests, and needs, including the need for supported employment,
to determine the goals, objectives, nature and scope of vocational
rehabilitation services to be included in the individualized written
rehabilitation program developed for the individual.
B. The assessment will be limited to information that is
necessary to identify the rehabilitation needs of the individual and to develop
the rehabilitation program of the individual.
C. The primary source of such information, to the maximum
extent possible and appropriate and in accordance with confidentiality
requirements, will be existing information and such information as can be
provided by the individual and, where appropriate, by the family of the
individual, and:
(1) may include, to the degree needed, an
assessment of the personality, interest, interpersonal skills, intelligence and
related functional capacities, educational achievements, work experience,
vocational aptitudes, personal and social adjustments, employment
opportunities, medical, psychiatric, psychological, and other pertinent
vocational, educational, cultural, social, recreational, and environmental
factors that affect the employment and rehabilitation needs of the individual;
and
(2) may also include an appraisal of the
patterns of work behavior of the individual and services needed for the
individual to acquire occupational skills, and to develop work attitudes, work
habits, work tolerance, and social and behavioral patterns necessary for
successful job performance, including the utilization of work in real job
situations to assist and develop the capacities of the individual to perform
adequately in a work environment; and
(3) Where appropriate, the provision of
rehabilitation technology services.
[12-31-98;
Recompiled 10/31/01]
6.100.2.33 INDIVIDUALIZED
WRITTEN REHABILITATION PROGRAM:
A. The counselor assigned by DVR shall initiate and
periodically update an individualized written rehabilitation program for each
individual determined to be:
(1) In need of an extended evaluation to
determine eligibility for vocational rehabilitation services; or
(2) Eligible
for vocational rehabilitation services.
B. The counselor assigned by DVR and the individual shall
jointly develop an individualized written rehabilitation program for provision
of vocational rehabilitation services to the individual in accordance with that
program, specifying:
(1) All services to be provided, except for
assessments to determine the need for further services; and
(2) An appropriate employment objective which
is consistent and feasible, considering the individual's capacities and
abilities.
C. Any individualized written rehabilitation program
developed for the purpose of extended evaluation shall relate only to the
purpose of determining if the individual can achieve a suitable employment
outcome.
D. The counselor assigned by DVR shall furnish a copy of
the individualized written rehabilitation program and any subsequent amendments
to the individual or, as appropriate, to the individual's authorized
representative.
[12-31-98;
Recompiled 10/31/01]
6.100.2.34 PROGRAM
CONTENT: At a minimum, each individualized written
rehabilitation program shall contain:
A. A statement of the long-term appropriate vocational
goal;
B. A statement of the intermediate objectives related to
the attainment of the long-term goal, including the specific vocational
rehabilitation services to be provided, the projected dates for the initiation
and the anticipated duration of each such service, and, if appropriate, a
statement detailing how such services shall be provided or arranged through
cooperative agreement with other service providers;
C. If appropriate, a statement of the specific
rehabilitation technology services to be provided and a statement of the
specific on-the-job and related personal assistance services to be provided,
including training in managing personal assistance services;
D. An assessment of the expected need for post-employment
services, and, if appropriate, extended services as well a provision for a
reassessment of the need for post-employment services prior to the point of
successful rehabilitation;
E. Terms and conditions for providing goods and services,
including objective criteria and an evaluation procedure and schedule for
determining whether appropriate goals and objectives are being achieved;
F. Identification of entities that will provide the
services and the process used to provide or procure such services, including
information identifying other related services, and benefits provided pursuant
to any federal, state, or local program (comparable/similar benefits);
G. A statement in the words of the individual or, if
appropriate, the individual's authorized representative describing how the
individual was informed about and involved in choosing goals, objectives,
services, entities providing services, and methods used to provide such
services;
H. A description of rights and remedies and a description
of the availability of a client assistance program; and
I. The signature of the counselor assigned by DVR and the
individual or, as appropriate, the individual's authorized representative.
[12-31-98;
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6.100.2.35 REVIEW:
A. The counselor assigned by DVR shall review the
individualized rehabilitation program with the individual annually, affording
the individual or the individual's authorized representative an opportunity to
review the individual's program and jointly re-develop the program and agree to
its terms. Any revisions or amendments to the program resulting from the annual
review shall be agreed upon and signed by the individual or, if appropriate,
the individual's authorized representative and the counselor before such
revisions shall take effect.
B. In those cases where an individualized written
rehabilitation program has been developed for the purpose of extended
evaluation to determine eligibility for vocational rehabilitation services, the
counselor assigned by DVR shall conduct an assessment at least once in every
ninety-day period during which such evaluation services are provided. At such
time the counselor shall ascertain whether a determination of eligibility or
ineligibility may be made.
[12-31-98;
Recompiled 10/31/01]
6.100.2.36 [RESERVED]
6.100.2.37 INDIVIDUAL PARTICIPATION IN THE
COSTS OF VOCATIONAL REHABILITATION SERVICES:
The counselor assigned by DVR shall request an individual with available
financial resources to participate in the cost of his vocational rehabilitation
services and shall negotiate the extent of that participation for all
vocational rehabilitation services other than:
A. Assessment for determining eligibility and vocational
rehabilitation needs, including vocational rehabilitation services provided
during an extended evaluation for purposes of assessment;
B. Vocational rehabilitation counseling, guidance, and
work-related placement services; and
C. Referral services.
[12-31-98;
Recompiled 10/31/01]
6.100.2.38 DETERMINATION
OF COMPARABLE SERVICES AND BENEFITS: Prior to initiation of
vocational rehabilitation services through an individualized written
rehabilitation program, the counselor assigned by DVR shall determine the
availability of comparable services and benefits to an individual, except when
the determination:
A. Would delay the provision of comparable services and
benefits to an individual at extreme medical risk (based upon medical evidence
provided by an appropriate licensed medical professional); or
B. Would result in the loss of an immediate job placement
due to a delay in the provision of such comparable services and benefits.
[12-31-98;
Recompiled 10/31/01]
6.100.2.39 UTILIZATION
OF COMPARABLE SERVICES AND BENEFITS:
A. DVR shall utilize comparable services and benefits
determined to be available as appropriate in the provision of all vocational
rehabilitation services to an individual or the individual's family members,
except for the following services:
(1) assessment for determining eligibility
and vocational rehabilitation needs;
(2) counseling, guidance, and work-related
placement services, including job search assistance, placement assistance, job
retention services, and personal assistance services;
(3) vocational and other training services
not provided in an institution of higher learning, including personal and
vocational adjustment training, books, tools, and other training materials;
(4) referral services;
(5) rehabilitation technology services; and
(6) post-employment services, including
vocational rehabilitation services listed in this section, necessary to
maintain, regain, or advance in employment.
(7) [Reserved]
B. DVR shall not utilize comparable services and benefits
when they are inadequate, or interfere with achieving the rehabilitation
objective (including but not limited to those circumstances described in
Section 38 [now 6.100.2.38 NMAC]).
C. [Reserved]
[12-31-98;
Recompiled 10/31/01]
6.100.2.40 SCOPE
OF VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS:
A. Vocational rehabilitation services provided by DVR are
any goods or services necessary to render an individual with a disability
employable, including, but not limited to, the following:
(1) An assessment for determining eligibility
and vocational rehabilitation needs by qualified personnel, including, if
appropriate, an assessment by personnel skilled in rehabilitation technology;
(2) Counseling, guidance, and work-related
placement services for individuals with disabilities, including job search
assistance, placement assistance, job retention services, personal assistance
services, and follow-up, follow-along, and specific post-employment services
necessary to assist such individuals to maintain, regain, or advance in
employment;
(3) Vocational and other training services
for individuals with disabilities, which shall include personal and vocational
adjustment, books, or other training materials, and such services to the families
of such individuals as are necessary to the adjustment or rehabilitation of
such individuals (except that no training services in institutions of higher
education shall be paid for by DVR unless maximum efforts have been made to
secure grant assistance, in whole or in part, from other sources to pay for
such training);
(4) Physical and mental restoration services,
including, but not limited to:
(a) corrective surgery or therapeutic
treatment necessary to correct or substantially modify a physical or mental
condition which is stable or slowly progressive and constitutes an impediment
to employment, but is of such nature that such correction or modification may
reasonably be expected to eliminate or reduce such impediment to employment
within a reasonable length of time;
(b) necessary hospitalization in connection
with surgery or treatment;
(c) prosthetic and orthotic devices;
(d)
eyeglasses and visual services as prescribed by a physician skilled in
the diseases of the eye or by an optometrist, whichever the individual may
select;
(e) special services (including transplantation
and dialysis), artificial kidneys, and supplies necessary for the treatment of
individuals with end-stage renal disease; and
(f) diagnosis and treatment for mental and
emotional disorders by a physician or licensed psychologist in accordance with
state licensure laws.
(5) maintenance for additional costs incurred
while participating in rehabilitation;
(6) interpreter services and note-taking
services for individuals who are deaf, and reader services for those
individuals determined to be blind after an examination by a physician skilled
in the disease of the eye or by an optometrist, whichever the individual may
select;
(7) recruitment and training services for
individuals with disabilities to provide them with new employment opportunities
in the fields of rehabilitation, health, welfare, public safety, and law
enforcement, and other appropriate service employment;
(8) rehabilitation teaching services, reader
services, and orientation and mobility services for individuals who are blind;
(9) occupational licenses, tools, equipment,
and initial stocks and supplies;
(10) transportation in connection with the
rendering of any vocational rehabilitation service;
(11) telecommunications, sensory, and other
technological aids and devices;
(12) rehabilitation technology services;
(13)
referral and other services designed to assist individuals with
disabilities in securing needed services from other agencies through agreements
developed by dvr, if such services are not otherwise available;
(14) transition services that promote or facilitate the accomplishment
of long-term rehabilitation goals and intermediate rehabilitation objectives;
(15) on-the-job or other related personal
assistance services provided while an individual with a disability is receiving
vocational rehabilitation services in this section;
(16) supported employment services (provided
only to individuals with the most severe disabilities); and
(17) services to family members of individuals
with disabilities if necessary to the adjustment and rehabilitation of the
individual.
B. Vocational rehabilitation services when provided for
the benefit of groups of individuals, may also include the following:
(1) in the case
of any type of small business operated by individuals with the most severe
disabilities, the operation of which can be improved by management services and
supervision provided by DVR, the provision of such services and supervision,
along or together with the acquisition by DVR of vending facilities or other
equipment and initial stocks and supplies;
(2) the establishment, development, or
improvement of community rehabilitation programs, including, under special
circumstances, the construction of a facility, and the provision of other
services (including services offered at community rehabilitation programs)
which promise to contribute substantially to the rehabilitation of a group of
individuals but which are not related directly to the individualized
rehabilitation written program of any one individual with a disability. Such
programs shall be used to provide services that promote integration and
competitive employment;
(3) the use of existing telecommunications
systems (including telephone, television, satellite, radio, and other similar
systems) which have the potential for substantially improving service delivery
methods, and the development of appropriate programming to meet the particular
needs of individuals with disabilities;
(4) the use of services providing recorded
material for individuals who are blind and captioned films or video cassettes
for individuals who are deaf; and
(5) technical assistance and support services
to businesses that are not subject to Title I of the Americans with
Disabilities Act of 1990 and that are seeking to employ individuals with
disabilities.
[12-31-98;
Recompiled 10/31/01]
6.100.2.41 PROGRAM
ACCESS:
A. DVR shall:
(1) make its programs accessible to
individuals with disabilities, ensuring all offices are physically accessible
and reasonable accommodations are made to enable individuals with disabilities
to take advantage of DVR services;
(2) ensure that individuals with disabilities
are active participants in their respective rehabilitation programs, providing
for meaningful and informed choices about the selection of the vocational
rehabilitation services; and
(3) make referrals of individuals with
disabilities to other agencies and organizations as appropriate, including the
client assistance program.
B. [Reserved]
C. [Reserved]
D. [Reserved]
E. [Reserved]
[12-31-98;
Recompiled 10/31/01]
6.100.2.42 INDIVIDUAL
PARTICIPATION: An individual applying for or a recipient of
vocational rehabilitation services must:
A. be available for assessment and vocational
rehabilitation services for an indefinite or considerable period of time;
B. be responsive to DVR correspondence or telephone
calls; and
C. accept, utilize, or participate in appropriate
vocational rehabilitation services or diagnostics after a reasonable effort has
been made to encourage his cooperation.
[12-31-98;
Recompiled 10/31/01]
6.100.2.43 CASE
CLOSURE:
A. The counselor assigned by DVR may close a case prior
to or subsequent to provision of vocational rehabilitation services either
because the individual:
(1) did not meet or did not continue to meet
the eligibility criteria;
(2) was unavailable for assessment and
vocational rehabilitation services for an indefinite or considerable period of
time;
(3) was not responsive to DVR correspondence
or telephone calls; or
(4) refused to accept, utilize, or
participate in appropriate vocational rehabilitation services or diagnostics
after a reasonable effort was made to encourage the individual's cooperation.
B. The counselor assigned by DVR may close a case when
the individual is determined to be rehabilitated after the individual has been:
(1) determined eligible for vocational
rehabilitation services;
(2) provided necessary assessment(s) of
rehabilitation needs;
(3) provided counseling and guidance;
(4) provided appropriate and substantial
vocational rehabilitation services in accordance with an individualized written
rehabilitation program; and
(5) determined to have achieved a suitable
employment outcome for at least sixty days.
[12-31-98;
Recompiled 10/31/01]
6.100.2.44 NOTIFICATION
OF CLOSURE DECISIONS:
A. After an individual has filed an application for services,
DVR shall provide written notification whenever that individual's case is
closed.
B. Written notification shall include any required
amendment to the individualized written rehabilitation program and further
specify:
(1) The reasons for the case closure;
(2) The rights and remedies available to the
individual, including, as appropriate, recourse to the impartial hearing
process; and
(3) The availability of services provided by
the client assistance program.
[12-31-98;
Recompiled 10/31/01]
6.100.2.45 POST-EMPLOYMENT
SERVICES:
A. DVR shall provide specific post-employment services
necessary to assist individuals rehabilitated through vocational rehabilitation
services to maintain, regain, or advance in employment.
B. Required services must be related to the original plan
and disability. If not, the division shall give consideration to opening a new
case for the individual with a disability.
C. Any service, with the exception of medical care for
acute conditions, may be provided as a post-employment service with the same
requirements that apply to routine vocational rehabilitation services.
[12-31-98;
Recompiled 10/31/01]
History of 6.100.2 NMAC
Pre-NMAC History: The material in this regulation was derived from
that previously filed with the state records and archives under:
Division
of Vocational Rehabilitation Rule No. 1.00, The Vocational Rehabilitation
Process, filed June 19, 1990;
State
Board of Education Regulation No. 93-5, Vocational Rehabilitation General
Policies, Purpose, and Definitions, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 3.00, Status 02 Applicant, filed June 19, 1990;
Division
of Vocational Rehabilitation Rule No. 4.00, Eligibility, filed June 19, 1990;
State
Board of Education Regulation No. 93-7, Vocational Rehabilitation: Eligibility
and Extended Evaluation, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 5.00, Status 06 Extended Evaluation;
Division of Vocational Rehabilitation Rule No. 6.00, Status 10 And 12 Thorough Diagnostic Study, filed June 19,
1990;
State
Board of Education Regulation No.93-9, Vocational Rehabilitation: Comprehensive
Assessment of Vocational Needs, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 7.00, Individualized Written
Rehabilitation Program, filed June 19, 1990;
State
Board of Education Regulation No. 93-10, Vocational Rehabilitation:
Individualized Written Rehabilitation Program, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 8.00, Purchase of Goods and Services,
filed June 19, 1990;
State
Board of Education Regulation No. 93-11, Vocational Rehabilitation: Economic
Need and Comparable Benefits, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 9.00, Status 14 Counseling and Guidance, filed June 19, 1990;
Division
of Vocational Rehabilitation Rule No. 11.00, Status 18 Training, filed June 19,
1990;
Division
of Vocational Rehabilitation Rule No. 12.00, Other Services, filed June 19,
1990;
State
Board of Education Regulation No. 93-12, Vocational Rehabilitation: Services,
filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 13.00, Placement and Employment, filed
June 19, 1990;
Division
of Vocational Rehabilitation Rule No. 14.00, Supported Employment, filed June
19, 1990;
Division
of Vocational Rehabilitation Rule No. 15.00, Case Closure, filed June 19, 1990;
State
Board of Education Regulation No. 93-13, Vocational Rehabilitation: Case Closure,
filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 16.00, Post Employment Services, filed
June 19, 1990;
State
Board of Education Regulation No. 93-14, Vocational Rehabilitation:
Post-Employment Services, filed on October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 17.00, Client Rights and
Responsibilities; State Board of Education Regulation No. 93-6, Vocational
Rehabilitation: Administrative Provisions, filed October 8, 1993;
Division
of Vocational Rehabilitation Rule No. 18.00, Case Documentation, filed June 19,
1990;
Division
of Vocational Rehabilitation Rule No. 2.00, Referrals, filed June 20, 1990;
Division
of Vocational Rehabilitation Rule No. 10.00, Status 16 Physical and Mental Restoration, filed June
20, 1990; and
State
Board of Education Regulation No. 93-8, Vocational Rehabilitation: Order of
Selection, filed October 8, 1993.
History of Repealed Material [RESERVED.]
