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Oregon Bulletin

March 1, 2011

 

Department of Human Services,
Children, Adults and Families Division: Vocational Rehabilitation Services
Chapter 582

Rule Caption: Amending standards for provision of program services, definitions, and rates of payment.

Adm. Order No.: VRS 1-2011(Temp)

Filed with Sec. of State: 2-15-2011

Certified to be Effective: 3-1-11 thru 8-28-11

Notice Publication Date:

Rules Amended: 582-001-0010, 582-030-0040, 582-050-0000, 582-050-0005, 582-050-0010, 582-050-0020, 582-050-0060, 582-060-0010, 582-060-0020, 582-070-0010, 582-070-0020, 582-070-0025, 582-070-0030, 582-070-0040, 582-070-0042, 582-070-0043, 582-070-0044

Subject: These proposed rules revise the Office of Vocational Rehabilitation Services (OVRS) provision of services and process for providing transportation, modifying vehicles, requirements for maintaining vehicle insurance, requirements for closing case files and updates definitions. The revisions more precisely describe the general purpose of these services, scope and nature of services, OVRS requirements and individual rights and responsibilities.

Rules Coordinator: Peter Fox—(503) 945-6695

582-001-0010

Definitions for Chapter 582

The following definitions apply to each division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated:

(1) “Act” refers to the federal Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.).

(2) “Assistant Director” refers to the Assistant Director of the Office of Vocational Rehabilitation Services.

(3) “Applicant” refers to an individual who submits an application for vocational rehabilitation services in accordance with 34 CFR 361.41(b)(2).

(4) “Assessment for determining eligibility and vocational rehabilitation needs” refers to, as appropriate in each case:

(a) A review of existing data to determine if an individual is eligible for vocational rehabilitation services; and to assign priority for an order of selection if in effect; and

(b) To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and assignment;

(c) To the extent additional data are necessary to make a determination of the employment outcomes and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment:

(A) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan of employment of the eligible individual;

(B) Uses as a primary source of information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements: Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection for the individual; and Information that an be provided by the individual and, if appropriate, by the family of the individual;

(C) May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the 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

(D) May include, to the degree needed, 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 behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment;

(d) Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and

(e) An exploration of the individual’s abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.

(5) “Assistive technology device” refers to any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.

(6) “Assistive technology service” refers to any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:

(a) The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and

(f) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.

(7) “CFR” refers to the Code of Federal Regulations.

(8) “Client Assistance Program” or “CAP” refers to a federally-funded program authorized under 34 CFR 370 that is independent of OVRS and whose purpose is to provide information, advocacy, and legal representation to individuals seeking OVRS services.

(9) “Client’s Representative” refers to any person identified by the client as being authorized to speak or act on behalf of the client or to assist the client in any matter pertaining to services of OVRS, unless a representative has been appointed by a court to represent the client, in which case the court-appointed representative is the client’s representative.

(10) “Community Rehabilitation Program” or “CRP” refers to:

(a) A program that provides directly or facilitates the provision of one or more of the following vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement:

(A) Medical, psychiatric, psychological, social, and vocational services that are provided under one management.

(B) Testing, fitting, or training in the use of prosthetic and orthotic devices.

(C) Recreational therapy.

(D) Physical and occupational therapy.

(E) Speech, language, and hearing therapy.

(F) Psychiatric, psychological, and social services, including positive behavior management.

(G) Assessment for determining eligibility and vocational rehabilitation needs, including technicians for assessment tests.

(H) Rehabilitation technology.

(I) Job development, placement, and retention services.

(J) Evaluation or control of specific disabilities.

(K) Orientation and mobility services for individuals who are blind.

(L) Extended employment.

(M) Psychosocial rehabilitation services.

(N) Supported employment services and extended services.

(O) Services to family members if necessary to enable the applicant or eligible individual to achieve an employment outcome.

(P) Personal assistance services.

(Q) Services similar to the services described in subsections (A) through (P) of this definition, including vendors who provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS plans.

(b) For the purposes of this definition, the word program means an agency, organization, or institution, or unit of an agency, organization, or institution, that provides directly or facilitates the provision of vocational rehabilitation services as one of its major functions. It does not include the prospective employer of the client.

(11) “Comparable services and benefits” refers to:

(a) Services and benefits that are:

(A) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;

(B) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual’s individualized plan for employment in accordance with 34 CFR 361.53; and

(C) Commensurate to the services that the individual would otherwise receive from OVRS.

(b) For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.

(12) “Competitive employment” refers to work:

(a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

(b) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(13) “DHS” refers to the Department of Human Services.

(14) “Eligible individual” refers to an applicant for vocational rehabilitation services who meets the eligibility requirements of 34 CFR 361.42(a).

(15) “Employment outcome” refers to, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment, as defined in OAR 582-001-0010(12), in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership, that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(16) “Extended employment” refers to work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act.

(17) “Extended services” refers to ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, from funds other than funds received under this part and 34 CFR part 363 after an individual with a most significant disability has made the transition from support provided by OVRS.

(18) “Extreme medical risk” refers to a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.

(19) “Family member,” for purposes of receiving vocational rehabilitation services in accordance with 34 CFR 361.48(i), refers to an individual:

(a) Who either:

(A) Is a relative or guardian of an applicant or eligible individual; or

(B) Lives in the same household as an applicant or eligible individual;

(b) Who has a substantial interest in the well-being of that individual; and

(c) Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

(20) “Impartial hearing officer” refers to an individual who:

(a) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education) — an individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer;

(b) Is not a member of the State Rehabilitation Council for OVRS;

(c) Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

(d) Has knowledge of the delivery of vocational rehabilitation services, the State plan, and the Federal and State regulations governing the provision of services;

(e) Has received training with respect to the performance of official duties; and

(f) Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual.

(21) “Individual with a disability” refers to an individual:

(a) Who has a physical or mental impairment; and

(b) Whose impairment constitutes or results in a substantial impediment to employment; and

(c) Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

(22) “Individual with a most significant disability” refers to an eligible individual who:

(a) Has a severe mental or physical impairment that seriously limits two or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and

(b) Is expected to require two or more vocational rehabilitation services over an extended period of time to achieve or maintain a successful employment outcome.

(23) “Individual with a significant disability” refers to an eligible individual who does not qualify as an individual with a most significant disability as defined at OAR 582-001-0010(22); and

(a) The individual is currently receiving or eligible to receive Social Security Income or Social Security Disability Insurance payments; or

(b) The individual:

(A) Has a severe mental or physical impairment that seriously limits one functional capacity (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and

(B) Is expected to require two or more vocational rehabilitation services over an extended period of time to achieve or maintain a successful employment outcome.

(24) “Integrated setting”:

(a) With respect to the provision of services, refers to a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;

(b) With respect to an employment outcome, refers to a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.

(25) “Maintenance” refers to monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual’s participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual’s receipt of vocational rehabilitation services under an individualized plan for employment.

(26) “Mediation” refers to the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies. Mediation under the program must be conducted in accordance with the requirements in 34 CFR 361.57(d) by a qualified and impartial mediator as defined in 34 CFR 361.5(b)(43).

(27) “OAR” refers to the Oregon Administrative Rules.

(28) “Ongoing support services,” as used in the definition of ‘’Supported employment’’

(a) Refers to services that are:

(A) Needed to support and maintain an individual with a most significant disability in supported employment;

(B) Identified based on a determination by OVRS of the individual’s need as specified in an individualized plan for employment; and

(C) Furnished by OVRS from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual’s term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;

(b) Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:

(A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or

(B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice monthly meetings with the individual;

(c) Consist of:

(A) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs;

(B) The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;

(C) Job development and training;

(D) Social skills training;

(E) Regular observation or supervision of the individual;

(F) Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;

(G) Facilitation of natural supports at the worksite;

(H) Any other service identified in the scope of vocational rehabilitation services for individuals, described in 34 CFR 361.48; or

(I) Any service similar to the foregoing services.

(29) “ORS” refers to the Oregon Revised Statutes.

(30) “OVRS” refers to the Office of Vocational Rehabilitation Services.

(31) “Parent or Guardian” refers to a person or persons having legal responsibility for the overall welfare and well-being of a client under age 18 or a client who, if over age 18, is considered legally incompetent.

(32) “Personal assistance services” refers to 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 without assistance if the individual did not have a disability.

(33) “Qualified Personnel” means an individual licensed or certified by the state or an individual who maintains an equivalent licensure or certification from another state to make the diagnosis of an applicant’s impairment.

(34) “Physical and mental restoration services” refers to:

(a) Corrective surgery or therapeutic treatment that is 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;

(b) Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;

(c) Dentistry;

(d) Nursing services;

(e) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;

(f) Drugs and supplies;

(g) Prosthetic and orthotic devices;

(h) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws;

(i) Podiatry;

(j) Physical therapy;

(k) Occupational therapy;

(l) Speech or hearing therapy;

(m) Mental health services;

(n) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment;

(o) Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and

(p) Other medical or medically related rehabilitation services.

(35) “Physical or mental impairment” refers to:

(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(36) “Post-employment services” refers to one or more of the services identified in 34 CFR 361.48 that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(37) “Provider of community rehabilitation services” refers to any CRP, business, or independent contractor that is paid by OVRS to provide any service listed in OAR 582-001-0010(10).

(38) “Qualified and impartial mediator” refers to an individual who:

(a) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, employee of a State office of mediators, or employee of an institution of higher education) — an individual serving as a mediator is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by a public agency to serve as a mediator;

(b) Is not a member of the State Rehabilitation Council for OVRS;

(c) Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

(d) Is knowledgeable of the vocational rehabilitation program and the applicable Federal and State laws, regulations, and policies governing the provision of vocational rehabilitation services;

(e) Has been trained in effective mediation techniques consistent with any State-approved or -recognized certification, licensing, registration, or other requirements; and

(f) Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual during the mediation proceedings.

(39) “Rehabilitation engineering” refers to the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.

(40) “Rehabilitation technology” refers to 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 that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

(41) “Severe mental or physical impairment” refers to the use of this term in the federal Rehabilitation Act of 1973, as amended.

(42) “State plan” refers to the State plan for vocational rehabilitation services submitted by OVRS under 34 CFR 361.10.

(43) “Substantial impediment to employment” refers to a physical or mental impairment that (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual’s abilities and capabilities.

(44) “Supported employment” refers to:

(a) Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals with ongoing support services for individuals with the most significant disabilities:

(A) For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and

(B) Who, because of the nature and severity of their disabilities, need intensive supported employment services from OVRS and extended services after transition as described in OAR 582-001-0010(17) to perform this work; or

(b) Transitional employment, as defined OAR 582-001-0010(47), for individuals with the most significant disabilities due to mental illness.

(45) “Supported employment services” refers to ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by OVRS:

(a) For a period of time not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and

(b) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.

(46) “Transition services” refers to a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

(47) “Transitional employment,” as used in the definition of ‘’Supported employment,’’ refers to a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.

(48) “Transportation” refers to travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems.

(49) “Vocational rehabilitation services”:

(a) If provided to an individual, refers to those services listed in 34 CFR 361.48; and

(b) If provided for the benefit of groups of individuals, also refers to those services listed in 34 CFR 361.49.

(50) “Vocational rehabilitation training” means skill training in which the basis and focus of the training are individualized or customized. Vocational rehabilitation training may include focus on disability related issues as those issues impact the skills training. Vocational rehabilitation training can include, but is not limited to:

(a) Supported employment;

(b) Disability and related Skills training;

(c) On the job training;

(d) One-on-one specialized business training - training provided to individuals who are working to establish their own business;

(e) Customized training — training offered by an employer to a group of individuals for the purpose of training and possibly hiring the individuals.

(51) “Vocational training” means skills training for a specific occupation.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.530, 344.550, 344.560, 344.570 & 344.590

Hist.: VRS 5-2004, f. & cert. ef. 8-5-04; VRS 2-2005, f. 4-20-05, cert. ef. 7-1-05; 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 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09; VRS 2-2009, f. & cert. ef. 3-27-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11

582-030-0040

Exceptions to Written Consent Requirements

(1) Required Reporting and Response to Investigations:

(a) OVRS employees must report to the appropriate authorities abuse of individuals age 65 and over, ORS 124.060, under the age of 18, ORS 419B.010, individuals 18 age or over with developmental disabilities or mental illness, ORS 430.765, and residents of long-term care facilities, ORS 441.640;

(b) OVRS must release client information if required by federal law or in response to investigations in connection with law enforcement, fraud or abuse (unless expressly prohibited by federal or state laws or regulations, such as OAR 410-014-0020(2)(j) which identifies limits on disclosures of protected health information to law enforcement) or in response to an order issued by a judge, magistrate or other authorized judicial officer.

(2) Response to Child Support Enforcement. A person authorized under federal law may access information for the Federal Parent Locator Service under ORS 25.265.

(3) OVRS may release client information to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others.

(4) For Deceased Persons:

(a) Vital Statistics. These rules do not restrict the disclosure of OVRS client identifying information relating to the death of a client under laws requiring the collection of such vital statistics or permitting inquiry into the cause of death;

(b) Consent by Personal Representative. Other requirements of these rules notwithstanding, if written consent to such disclosure is required, that consent may be given by an executor, administrator or other personal representative appointed under applicable state law. If there is no such appointment, consent may be given by the spouse or other responsible member of the client’s family.

(5) Participation in State Agency Information Exchange: OVRS will participate in the State Shared Information System (SIS) or Performance Reporting Information System (PRISM), and DHS information sharing to the extent allowed by and consistent with state and federal law and/or regulations. Where client authorization is required, OVRS may obtain informed written consent using forms specific to these information exchanges.

(6) OVRS may disclose the minimum information necessary for internal OVRS administrative purposes to the Department of Human Services; federal Rehabilitation Services Administration; or other state or federal agencies with regulatory authority over OVRS or administrative responsibilities necessary for OVRS services.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570

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

Hist.: VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; 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

582-050-0000

Referrals and Applications

(1) Referrals to and applications for Vocational Rehabilitation Services provided by OVRS shall be handled promptly and equitably.

(2) OVRS shall establish timelines for making a good faith effort to inform individuals referred to or seeking services from OVRS of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services.

(3) Assessment to determine eligibility and priority for services shall commence as soon as an application for services is received and to the maximum extent possible will be expedited through use of existing information, including school, Social Security, medical, and family member records.

(4) An individual is considered to have submitted an application only when all the following conditions have been satisfied:

(a) The individual or the individual’s representative, as appropriate, has completed and signed an agency application form or has otherwise requested services;

(b) The individual or the individual’s representative, as appropriate, has provided the information necessary to initiate an assessment for eligibility; and

(c) The individual is available to complete the assessment process.

(5) Once OVRS has received an application for vocational rehabilitation services, including applications for vocational rehabilitation services made through common intake procedures in One-Stop centers established under section 121 of the federal Workforce Investment Act of 1998, an eligibility determination must be made within 60 days, unless:

(a) Exceptional and unforeseen circumstances beyond the control of OVRS preclude making an eligibility determination within 60 days and OVRS and the individual agree to a specific extension of time; or

(b) A trial work experience or exploration of the individual’s abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 34 CFR 361.42(e) or, if appropriate, an extended evaluation is carried out in accordance with 34 CFR 361.42(f).

(6) OVRS shall not make a determination of ineligibility on the basis that an individual with a significant disability is too severely impaired unless a trial work experience, community based assessment, or extended evaluation results in clear and convincing evidence that such individual is presently incapable of an employment outcome as result of the provision of further Vocational Rehabilitation Services.

(7) OVRS will not close an applicant’s record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and OVRS has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant’s representative, to encourage the applicant’s participation.

(8) The length of time between eligibility determination and the signing of the Individualized Plan for Employment (IPE) by the VR counselor and client or client’s representative as appropriate will not exceed 180 days except under the circumstances listed in (8)(a)–(g). If the State invokes an Order of Selection, the length of time begins once the client is pulled from the waitlist. The counselor must obtain supervisor approval to extend the time beyond 180 days and document in the case record the reason for the extension and a time frame for when the IPE will be signed.

(a) Mutual agreement by the client and counselor to extend the time past 180 days taking into consideration the unique needs of the individual such as the cultural and linguistic needs of the individual.

(b) Unforeseen circumstances beyond the control of either the counselor or client, which results in extending the time needed beyond 180 days.

(c) Youth Transition program student will have their IPE signed prior to leaving the school setting.

(d) Client has requested an impartial hearing.

(e) Lack of cooperation by the client, which extends the length of time beyond 180 days.

(f) Lack of agreement by either the client or counselor over the proposed IPE, which extends the length of time beyond 180 days.

(g) For clients planning to go into self-employment, the length of time between eligibility determination and signing of the IPE is 365 days.

(9) OVRS shall make information regarding application requirements and forms available statewide.

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.570

Hist.: VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 2-2006, f. & cert. ef. 8-1-06; VRS 3-2009, f. & cert. ef. 3-27-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11

582-050-0005

Trial Work Experiences and Extended Evaluations

(1) Trial work experiences for individuals with significant disabilities.

(a) Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual’s disability, OVRS shall conduct an exploration of the individual’s abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination.

(b) OVRS shall develop a written plan to assess periodically the individual’s abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences, which must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

(c) Trial work experiences include supported employment, on-the-job training, and other experiences using realistic work settings.

(d) Trial work experiences must be of sufficient variety and over a sufficient period of time for OVRS to determine that:

(A) There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or

(B) There is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual’s disability.

(e) OVRS shall provide appropriate supports, including assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

(2) Extended evaluation for certain individuals with significant disabilities.

(a) Under limited circumstances if an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before OVRS is able to make the determinations described in OAR 582-050-0005(1)(d), OVRS will conduct an extended evaluation to make these determinations.

(b) During the extended evaluation period, vocational rehabilitation services must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

(c) During the extended evaluation period, OVRS will develop a written plan for providing services necessary to make a determination under OAR 582-050-0005(1)(d).

(3) During the extended evaluation period, OVRS provides only those services that are necessary to make the determinations described in OAR 582-050-0005(1)(d) and terminates extended evaluation services when OVRS is able to make the determinations.

Stat. Auth.: ORS 344.530 & 344.570

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

Hist.: VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; 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

582-050-0010

General Provisions

(1) Eligibility requirements are applied without regard to sex, handicap, race, age, creed, color, or national origin of the applicant. Unless otherwise stated in the context, the rules in OAR 582-050 pertain only to Vocational Rehabilitation Services.

(2) Except for individuals whose impairments fall within the definition of legal blindness, or are of a rapidly progressive nature leading to legal blindness, OVRS shall not exclude any group of individuals from eligibility for services solely on the basis of type of disability or impairment.

Stat. Auth.: ORS 344.530

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

Hist.: VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; 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

582-050-0020

Criteria

Applicants must meet the following conditions before they may be “eligible” for Vocational Rehabilitation Services:

(1) A determination by qualified personnel that the applicant has a physical or mental impairment.

(2) A determination by qualified personnel that the applicant’s physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.

(3) A determination by a qualified vocational rehabilitation counselor employed by OVRS that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(4) A presumption, in accordance with OAR 582-050-0020(5), that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

(5) Presumption of benefit. OVRS presumes that an applicant who meets the eligibility requirements OAR 582-050-0020(1) and (2) can benefit in terms of an employment outcome unless OVRS demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant’s disability.

(6) Presumption of eligibility for Social Security recipients and beneficiaries. Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act is:

(a) Presumed eligible for vocational rehabilitation services under OAR 582-050-0020(1) and (2); and

(b) Considered an individual with a significant disability as defined in 34 CFR 361.5(b)(31).

(7) If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and, therefore, is presumed eligible for vocational rehabilitation services under OAR 582-050-0020(6)), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, OVRS must verify the applicant’s eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables OVRS to determine the applicant’s eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services in accordance with 34 CFR 361.41(b)(2).

(8) Any applicant who is presumed eligible under OAR 582-050-0020(6) must require vocational rehabilitation services and intend to achieve an employment outcome that is consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(9) OVRS may close the file any applicant who is presumed eligible under OAR 582-050-0020(6) if a community-based assessment, trial work experience, or extended evaluation — consistent with the standards of OAR 582-050-0005 results in clear and convincing evidence that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant’s disability.

Stat. Auth.: ORS 344.530

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

Hist.: VRD 3-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; 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

582-050-0060

Residency

(1) There is no requirement for duration of residence in Oregon as part of the determination of eligibility.

(2) OVRS may provide services to an otherwise eligible individual, available and able to participate in services leading to an employment outcome, if the individual is:

(a) Currently living in the State of Oregon, regardless of duration; or

(b) Currently employed in the State of Oregon and seeking services to retain or advance in employment with the same employer; or

(c) All of the following apply:

(A) The individual is currently living in a state not in an Order of Selection;

(B) The individual is currently at a site for which the closest OVRS office is the closest vocational rehabilitation office from the residence of the individual; and

(C) The individual is not in the state for the sole purpose of receiving vocational rehabilitation services.

(3) OVRS may, through mutual agreement, cooperate with another state’s Vocational Rehabilitation Agency in the implementation or supervision of planned services of an Individualized Plan for Employment.

(4) Reasonable effort is made to assure that duplicate services are not provided concurrently in more than one state VR Agency nor shall more than one file per client be open and active within OVRS.

(5)When an Oregon client in open plan status establishes residence in another state and is no longer available to participate actively with the Oregon case-carrying counselor in the provision of services, the counselor may:

(a) Negotiate with the Vocational Rehabilitation Agency of the new state-of-residence to obtain assistance in supervision of the OVRS Services needed to complete the plan and obtain employment; or

(b) Close the case file as “ineligible” for further services due to the client’s unavailability and, if requested by the client, provide copies of appropriate in-file data to the Vocational Rehabilitation Agency of the new state-of-residence.

(6) OVRS may close the case file of a client who relocates outside of Oregon if the client is not in open plan status and is not eligible under OAR 582-050-0060(2).

(7) OVRS may retain the case file of a client who relocates outside of Oregon if the client is in open plan status at the time of relocation and remains available to participate actively with the Oregon case-carrying counselor.

Stat. Auth.: ORS 344.530

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

Hist.: VRD 4-1981, f. & ef. 12-1-81; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; 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

582-060-0010

Termination of Services Because of Ineligi­bility

(1) When the applicant does not meet one or more of the criteria for eligibility, a statement certifying the ineligibility shall be recorded in the case file and the case closed.

(2) Certification of ineligibility following an application for services:

(a) Can be made only after full participation with the individual or, as appropriate, the parent, guardian, or other representative, or after offering a clear opportunity for such consultation; and

(b) If inability to benefit from services in terms of an employment outcome is due to the severity of the disability, may be made only after providing a trial work experience or extended evaluation as set out in OAR 582-050-0005.

(3) Notification of Ineligibility: All applicants found ineligible for Vocational Rehabilitation Services shall be so notified in writing at the time of case closure (unless closure is due to death of the applicant or inability to locate or contact). The written notification will include:

(a) Notification that the case is being closed;

(b) Reasons for ineligibility;

(c) Instructions regarding availability of the Client Assistance Program, procedures for mediation and/or a hearing by an impartial hearing officer, should the applicant disagree with the disposition of his/her case as provided in OAR 582-020-0020.

Stat. Auth.: ORS 344.530

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

Hist.: VRD 2-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD 2-1993, f. & cert. ef. 9-15-93; 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

582-060-0020

Termination of Services After Eligibility

(1) Termination of Services — Not Rehabilitated:

(a) An eligible client can be closed when reasonable alternatives no longer exist to initiate or complete a Rehabilitation Program for the client, or suitable progress is not made to achieve or complete identified intermediate objectives leading to employment;

(b) The decision to close such a case can be made only with the full participation of the client, or as appropriate, the parent, guardian, or other representative. Exceptions to this procedure will be made when the client refuses to participate, is no longer present in the state or his or her whereabouts becomes unknown, or the client’s medical condition is rapidly progressive or terminal;

(c) At the time of closure it is required that the client be informed in writing of the reason(s) for termination, of services, availability of the Client Assistance Program, and procedures for requesting mediation and/or a hearing by an impartial hearing officer as provided in OAR 582-020-0020.

(2) Termination of Services — Rehabilitated:

(a) An eligible client may be closed as rehabilitated only if all of the following requirements are met:

(A) The client achieved the employment outcome that is described in the individual’s IPE consistent with the client’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(B) The client has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the client no longer needs vocational rehabilitation services.

(C) The client and counselor consider the employment outcome to be satisfactory and agree that the client is performing well in the employment.

(D) The client is informed through appropriate modes of communication of the availability of post-employment services.

(b) Clients closed rehabilitated must be advised in writing that their file has been closed and the basis on which this determination has been made;

(c) Clients closed rehabilitated must be informed at time of closure that they may, if dissatisfied with this decision, request mediation and/or a hearing by an impartial hearing officer and of availability of the Client Assistance Program as provided in OAR 582-020-0020.

Stat. Auth.: ORS 344.530

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

Hist.: VRD 2-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; 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

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. Further, except for student loans, for training provided in institutions of higher education (any training institutions where such grant assistance may likely be available) OVRS assures that maximum effort has been made by OVRS and the client to obtain and use any “comparable benefits or services” before expending Rehabilitation Services funds.

(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, sensory, and other technological aids and devices.

(f) Post-employment services consisting of any of the services in OAR 580-070-0010(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 extent 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 client. Continued eligibility is contingent upon reasonable progress by the client toward attainment of measurable intermediate objectives within time-lines arrived at and agreed to through joint counselor/client 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

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 will be negotiated at the lowest reasonable level and will 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 client wages will be negotiated with the trainer/employer on a mutual sharing basis at the lowest reasonable level to adequately pay the client 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 will be negotiated on the basis of the complexity of the training and the amount of relevant skill and knowledge the client 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 client’s needs in order to reach the vocational objective; or

(b) A client 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 client 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 client 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) Client Maintenance: OVRS will 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 client in a rehabilitation program and the client 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) Client/Applicant Transportation: Travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a required vocational rehabilitation service. Assistance by the Office of Vocational Rehabilitation Services (OVRS) with transportation services will be subject to the following:

(a) Where local public transportation is available and can be used by the client, any reimbursement will not exceed the public transportation rate. Use of transportation costing in excess of the least expensive mode available to the client requires written justification, by the counselor, prior to authorization (e.g., disability prevents using the least costly mode);

(b) Where public transportation is not available or cannot be used by the client due to his/her disability, reimbursement may be authorized by the counselor for use of private vehicle or other appropriate forms of transportation;

(c) Only when determined by OVRS to be the most feasible means of providing for necessary client transportation for rehabilitation services may vehicle modification be authorized. Any vehicle modification must be prior approved by the local OVRS Field Services Manager, Field Operations Manager, or Administrator (or designee), depending on the expenditure level. Administrative level approval is obtained prior to authorizing any such costs in excess of $5,000.00 per service; vehicle modifications are subject to OVRS established policies for purchasing authorization;

(d) The field counselor will inform the client that costs associated with insurance, repair and replacement are to be managed by the client after a modification is complete;

(e) It is the policy of OVRS to not purchase vehicles; however, the Administrator of the Office of Vocational Rehabilitation Services, or the Administrator’s designee, may grant an exception and furnish payment of all or part of the purchase of a motor vehicle where the conditions in OAR 582-070-0025(2) are applicable.

(f) Whenever an exception is made by OVRS allowing payment toward the cost of a motor vehicle, OVRS will require that OVRS be shown as the primary lien holder until successful case closure has been achieved. Ownership is transferred to the client only if the vehicle is needed to participate in employment, and there is a successful case closure. When client ownership is not justified based on these two criteria, the vehicle shall be repossessed and reassigned or otherwise disposed of by OVRS.

(g) When an applicant’s or client’s travel requires lodging and meals, payment for lodging and meals will be based on the definition of maintenance under 582-001-0010(25) and will not exceed the current federal GSA domestic per diem rates for the state in which the lodging occurred.

(A) The per diem rate used will be based on the rate for the city in which the client or applicant lodges, or the rate for the city closest to where the client or applicant lodges.

(B) Unless the client or applicant uses a personal vehicle for the needed transportation, reservations will be made through the state travel agency.

(C) If the applicant or client 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 applicant or client has a legitimate need for more costly lodging, payment may exceed the federal per diem rate.

(7) Community Rehabilitation Programs’ 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 clients occurs;

(b) For Community Rehabilitation Programs operated under private auspices, fees may be negotiated taking into consideration costs such as buildings, staffing and equipment. For publicly owned and operated Community Rehabilitation Programs (e.g., state or county owned or operated) fees, if any, must be based upon and not exceed actual costs.

(8) Extended Evaluation: OVRS will provide only those services authorized under OAR 582-050-0005.

(9) Personal Care Assistance (PCA): Is provided only when necessary to allow client to benefit from other rehabilitation services, including evaluation, and when the client is not entitled to PCA services from another source:

(a) Client as Employer: The client, in most cases, as the employer of the PCA 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 by the Field Services Manager in addition to the requirements of Oregon Administrative Rules chapter 582, division 10;

(c) Written Contract: In most instances the client is to be the employer of his/her own personal care assistant. OVRS may assist the client to establish an appropriate written contract with the provider.

(10) Interpreter Service: Is provided only when necessary to assist the client 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 client and the counselor, another interpreter may be utilized;

(c) Regional Resources: The Deaf and Hearing Impaired Access Program may be used as a resource to both clients and staff for securing interpreters.

(11) 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.)

(12) Insurance: Providers 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.

(13) Occupational Licenses, Tools and Equipment for Training and/or Employment:

(a) May be provided when required for either extended evaluation or in other plan statuses, including post employment. OVRS accepts no responsibility for client lease/rental agreements or the leased/rented items other than to reimburse the client for such prior authorized expenditures;

(b) Repossessed items will 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 client for non-expendable items deemed by OVRS to be needed for continued success in the client’s program.

(14) Land and/or Stationary Buildings: Are never purchased by OVRS as a service to an individual client. Existing buildings may be modified when necessary to enable an eligible client to attain a vocational plan goal. No permanent additions or weight bearing partitions are to be erected as services to individuals.

(15) Moving Expenses: May be provided for training or employment only when it has been determined by OVRS that it is less costly and/or more beneficial than having the client commute. OVRS retains the right to deny reimbursement for client opted commuting/moving costs in excess of the least costly alternative.

(16) Rehabilitation Technology Services (RTS): May be applied at any time during rehabilitation services to address barriers to the client’s participation in evaluation, training, and employment:

(a) Approved Vendors: OVRS ensures that providers used by OVRS are qualified in the areas of engineering skills and/or technology required for a given service. Selected Community Rehabilitation Programs’ Approvals may include RTS, when State Standards for Approvals are met for RTS;

(b) Authorization of: RTS is not conditioned upon unavailability of Comparable Benefits or Services, but all reasonably available comparable services shall be used before authorizing expenditure by OVRS. Personal services contracts for RTS 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

582-070-0025

Vehicle Purchase/Vehicle Modification

(1) The following definitions apply to this rule:

(a) “Approved Vendor” means a dealer who is recognized by OVRS as an approved installer/retailer of specified devices;

(b) “Qualified Mechanic” means American Standard Automotive/ 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, car repairs to an already owned vehicle; use of mass transit or other community transportation options; a move to another area which allows access to employment, mass transit and community transportation options; family members, volunteers, paid driver/attendants, car pool or other public transportation options; or reasonable accommodations by the client’s employer;

(e) “Vehicle Modification” means services involving the purchase and installation of adaptations or devices in a vehicle.

(2) It is not the policy of the Office of Vocational Rehabilitation Services (OVRS) to provide funds for individuals to lease or purchase motor vehicles that require a license to operate; however, the Administrator of the Office of Vocational Rehabilitation Services, or the Administrator’s designee, may grant an exception and furnish payment of all or part of the purchase of a motor vehicle when no other options are available to support the employment goal if:

(a) The exception is not prohibited by state or federal statute, rule or regulation; and

(b) The exception is granted only after OVRS and the client have explored all reasonable transportation alternatives; and

(c) OVRS has also made the following determinations:

(A) Purchase of a motor vehicle eliminates a barrier to the employment plan goal and OVRS has determined that no other reasonable alternative is available because any available alternatives would delay the employment plan or place the client at extreme medical risk.

(B) Available financial resources, which include, but are not limited to comparable services and benefits, Plans for Achieving Self-Support, grants, or other resources, do not meet the minimum cost of the motor vehicle sufficient to eliminate a barrier to the employment plan;

(C) The client will have sufficient income and resources after successful client file closure in order to meet his/her daily living expenses and the cost of motor vehicle operation and replacement.

(3) Scope of Vehicle Modifications:

(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 for an individual to drive if the result of a qualified vehicle modification evaluation indicates that the individual is not capable of driving due to the individual’s disability.

(b) However, the Administrator of the Office of Vocational Rehabilitation Services, or the Administrator’s designee, may grant an exception and furnish payment of all or part of the modification of a motor vehicle when no other options are available to support the employment goal if:

(A) The exception is not prohibited by state or federal statute, rule or regulation;

(B) Modification of a motor vehicle eliminates a barrier to the employment plan goal and OVRS has determined that no other reasonable transportation alternative is available because any other reasonable alternative would delay the employment plan or place the client at extreme medical risk;

(C) Available financial resources, which include, but are not limited to comparable services and benefits, plans for Achieving Self-Support, grants, or other resources, do not meet the cost of the modification of the motor vehicle sufficient to eliminate a barrier to the employment plan;

(D) The client will have sufficient income and resources after successful client file closure in order to meet his/her daily living expenses and the cost of motor vehicle operation and replacement.

(c) Conditions for OVRS participation in costs associated with vehicle modification include the following:

(A) The client does not own another vehicle, which would meet their transportation needs;

(B) The client has or is able to obtain a valid driver’s license, if modifications for driving are made;

(C) It is planned that the client will be the primary driver of the modified vehicle, if modifications for driving are made;

(D) The vehicle must be registered in the name of the client and/or the client’s parents or guardian;

(E) The proposed modification has been determined to be needed as the result of a qualified vehicle modification evaluation;

(F) Individuals who are provided motor vehicle modification/adaptation services by OVRS shall obtain, at their own cost, insurance on such modifications, since OVRS will not correct or replace motor vehicle modifications damaged in an accident.

(d) Vehicle requirements for OVRS participation in the cost of modifications are as follows:

(A) It has been determined that other alternatives for meeting transportation needs are not available, and transportation as afforded by the affected vehicle is essential to the achievement of the Individualized Plan for Employment goal;

(B) The vehicle to be modified has been judged safe and is in reasonably good condition, as determined by a qualified mechanic;

(C) All proposed modifications are consistent with applicable vehicle safety laws;

(D) OVRS will not provide modifications for a vehicle that OVRS has previously modified except as provided in OAR 582-070-0025(5);

(E) OVRS will not provide such optional equipment as may generally be purchased through an automobile dealer at the time the vehicle is purchased - including radio, air conditioning, automatic transmission, power brakes, and power windows unless such equipment is required as a result of the client’s disability and is categorized in the Occupational Therapists driver’s evaluation as necessary to the modification of the vehicle;

(F) OVRS assumes no responsibility for general maintenance or repair of modified vehicles;

(G) OVRS assumes no warranty responsibility for modifications, equipment, or parts. The installer or supplier may warrant them.

(e) 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 will be made in accordance with State procurement regulations and OVRS purchase policy and procedures.

(4) If the client will be the motor vehicle driver, OVRS will require a qualified professional Occupational Therapist evaluation, and the Occupational Therapist evaluation must conclude that the client can get or maintain a Driver License through the State Department of Motor Vehicles.

(5) Second or subsequent modifications are limited to those needed to accommodate changes in the individual’s medical condition, except that a second or subsequent motor vehicle modification or purchase may be authorized after a determination by the vocational rehabilitation counselor that confirms the client’s failure to comply with the prior agreement to maintain, repair and replace the previous modifications or motor vehicle was for good cause based on:

(a) Disability-related expenses exceeding the individual’s financial ability to provide for the necessary maintenance, repair or replacement of the previous modification or motor vehicle; or

(b) Employment status changed which resulted in the individual’s inability to maintain, repair or replace the previous modification or vehicle; or

(c) Other unavoidable financial obligations, as documented by the OVRS field counselor, that impaired the individual’s ability to maintain, repair or replace the previous modification or vehicle.

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

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 client/applicant or his/her family for such services unless the amount of the service charge or payment to be borne by the client 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. Clients will be allowed or required to contribute financially as set forth in OAR 582-070-0030. The contribution requirements apply starting July 1, 2004 for clients submitting applications for services, requests for post-employment services, and for annual IPE reviews.

(a) The purpose of client participation in service costs is to encourage the commitment of the client to their vocational rehabilitation goal, create a cooperative relationship with the client, 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, clients 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 will be determined on an annual basis, not to exceed the annual cost of non-exempt services to OVRS, applying the following contribution schedule:

(A) Clients with family income between $60,000 and $69,999 are subject to a mandatory financial contribution of $700.

(B) Clients with family income between $70,000 and $79,999 are subject to a mandatory financial contribution of $900.

(C) Clients with family income between $80,000 and $89,999 are subject to a mandatory financial contribution of $1300.

(D) Clients with family income between $90,000 and $99,999 are subject to a mandatory financial contribution of $1700.

(E) Clients with family income between $100,000 and $109,999 are subject to a mandatory financial contribution of $2100.

(F) Clients with family income between $110,000 and $119,999 are subject to a mandatory financial contribution of $2900.

(G) Clients with family income between $120,000 and $129,999 are subject to a mandatory financial contribution of $3700.

(H) Clients 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 will 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 client, the spouse of the client if residing with the client, and includes parents if the client is under 18 and living with parents, or the parents claim the client as a dependent on federal taxes, or the client 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 client or claimed on federal taxes as dependents; but if the client is under 18 and living with parents, or the parents claim the client as a dependent on federal taxes, or the client 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 client or their family choose not to share information about their income as part of the calculation of the financial needs test, an annual, mandatory client 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 client may exceed $130,000 in which case the client contribution shall be established at 100 percent for items and services subject to Client Financial Participation.

(h) Subsequent Financial Needs Tests will 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 client or the family unit.

(i) “Extenuating Circumstances” will 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 client’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 client’s financial contribution. In such cases the counselor will:

(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 file record.

(j) If a client prefers an upgrade, enhancement, optional feature, or more expensive vendor of essentially the same 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 client may agree that the client will 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, client payment is required regardless of whether the financial needs test authorizes client payments; and any client payments in this situation do not count toward the client’s mandated financial contribution.

(k) An Individualized Plan for Employment (IPE) may include voluntary client contributions. A client agreement in an IPE to make a voluntary contribution is not enforceable.

(3) Student Financial Aid: OVRS assures that “maximum” effort is made by Rehabilitation Services clients 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 clients, 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 a client may utilize VR funds for this purpose. This requirement does not apply to merit based grants, including scholarships or loans. However, a client 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 client, 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, Division funds can be expended for education-related expenses between the date of application and determination of the client’s eligibility for assistance 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 will provide only for the cost of those rehabilitation services which are not the responsibility of the employer, insurer or the Oregon Worker’s Compensation Division.

(5) Increased Cost Maintenance: OVRS will not provide client maintenance except for additional costs incurred while participating in authorized services, such as when the client must maintain a second residence away from the regular household in order to achieve a rehabilitation goal. Such maintenance will be provided according to the provisions under OAR 582-070-0020(3), 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) will 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: A wheelchair may be purchased when it is essential to a vocational living plan. Wheelchairs must be prescribed by a physiatrist or, if one is not available, physical therapist or other qualified medical specialist;

(e) Hearing Aids: Hearing aids may be provided only when essential to evaluation, vocational services or the individual’s ability to obtain or retain employment. In order to purchase hearing aids for a client, the following are required:

(A) An evaluation by a physician skilled in diseases of the ear or an otologist; and

(B) An evaluation by a speech and hearing center or by a private audiologist.

(f) Other Prosthetic Devices: Prosthetic devices may be purchased only upon the authorization of the counselor and with a written prescription by a specialist;

(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 will 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 will 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.

(j) OVRS will not provide or fund transsexual surgery;

(7) Services not Provided: The following services cannot be provided or authorized at any time by OVRS:

(a) Any client-incurred debt;

(b) Any services obtained by the client 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 Client Maintenance;

(k) 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 will not contract with OVRS’ clients, except in the following circumstances:

(a) The client is a current OVRS vendor and is receiving services from or through OVRS; or,

(b) The client’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; and the client’s case has been reviewed by a branch manager 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

582-070-0040

Repossession/Disposition of Non-Expendable Property

(1) For tools, supplies, equipment, vehicles, etc., funded by OVRS and needed by the client for employment at time of closure as employed (from Individualized Plan for Employment or post-employment services), ownership or title is transferred to the client.

(2) If a client is closed as other than rehabilitated, or if tools, supplies, equipment, vehicles, etc., are not needed while a client is receiving plan services or not needed by a client 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 client. 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 client, client’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 or 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 client, with justification at closure documented in the client 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

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 client, 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 will be used by the counselor and client, in consultation with a qualified expert, to evaluate the viability of the business, as well as provide the client with a blue print for the business. The business plan will outline the financial projections of the business, the business marketing plan, and the method and schedule of ongoing record keeping and analysis that will 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 client must be the 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 will 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 client. 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 demonstrated client 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 client and the OVRS Counselor, by an individual or organization with a credible background in business planning. Although OVRS does not require that a client 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

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 client in obtaining self-employment is to address the client’s barriers to employment. The Vocational Rehabilitation Counselor will ensure the client’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 client is provided full opportunity to exercise informed choice, OVRS may:

(a) Help the client evaluate his or her abilities, and interest in managing a business, including both formal evaluation, as well as observation and assessment of the client’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 client develop a viable business plan;

(c) Help the client research and obtain the resources necessary for the business plan;

(d) Identify, in full consultation with the client, the measurements that will be used to determine progress toward the planned outcome.

(e) Work with the client 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 client’s formal business plan is determined to be viable, the counselor and client will complete the client’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 client 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 client, and client-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

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 client’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 client’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 sources.

(3) The client 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 will 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 client 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 will assume no financial liability for debts, including existing debt. Any loss will 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 client 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

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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