Tracking #2008-00905
FA/P 10/03/08, eff. 12/01/08

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[I:/08053001.doc]

(12 CCR 2513-1)

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Re-write of Sections 9.100 through 9.110.3 were adopted as final following publication at the 10/3/2008 State Board meeting, with an effective date of 12/1/2008 (Rule-making# 08-5-30-1).  Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules.  These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration.  
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[Instructions:  replace lines 923409 through 923617.]
9.100  VOCATIONAL REHABILITATION PROGRAM
9.101  LEGAL AND OPERATIONAL BASIS
9.101.1  State Agency Designation [Rev. eff. 12/1/08]
The Department of Human Services is the sole State Agency in Colorado designated to administer the State Plan. All decisions affecting eligibility for, the nature and scope, and the provision of available vocational rehabilitation and supported employment services are made by the designated State Unit, Division of Vocational Rehabilitation (DVR), and are not delegated to any other agency or person.
9.101.2  Mission [Rev. eff. 12/1/08]
The Colorado Department of Human Services, Division of Vocational Rehabilitation, assists individuals whose disabilities result in barriers to employment to succeed at work and live independently. 
9.101.3  Personnel Standards [Eff. 12/1/08]
Federal law requires state vocational rehabilitation agencies to establish qualified personnel standards for rehabilitation personnel, including rehabilitation counselors. Since Colorado does not have state-established standards for rehabilitation counselors, the state will look to the national standards established by the Commission on Rehabilitation Counselor Certification (CRCC). Other positions within the rehabilitation counselor series such as vocational evaluators, orientation and mobility (O&M) specialists, and rehabilitation teachers are also required to meet the standards of appropriate certifying bodies. 
9.101.4  Non-Discrimination [Rev. eff. 12/1/08]
All vocational rehabilitation services shall be provided without regard to gender, race, age, creed, color, national origin, or type of impairment. No person present in the state will be denied services based on a duration of residence requirement. All applicants age eighteen (18) and older must present evidence of legal presence in the United States in order to apply for services. 
9.101.5  Record of Services Documentation [Rev. eff. 12/1/08]
A record of services shall be maintained for each applicant and eligible individual and shall contain documentation to support counselors’ decisions including eligibility, ineligibility, severity of disability, opportunities to exerciser informed choice, justification for case closure and all decisions to provide, deny, or alter services for eligible individuals with disabilities. 
9.102  PROTECTION, USE, AND RELEASE OF PERSONAL INFORMATION
9.102.1  Confidential Information [Rev. eff. 12/1/08]
All applicants or their representatives shall be informed about DVR’s need to collect personal information and the principal purposes for which DVR will use that information. Any information secured by or made available to DVR and/or its employees or representatives, concerning referrals, applicants or eligible individuals of the vocational rehabilitation program, is considered confidential. Use of such information, current or stored, is limited to purposes directly connected to the administration of the vocational rehabilitation program as identified in Sections 9.102.2 and 9.102.3 and is not to be otherwise disclosed, directly or indirectly. Individuals shall be notified of the confidential nature of their case records and the conditions for release of such information at the time of application.
9.102.2  Release to Applicants or Eligible Individuals [Rev. eff. 12/1/08]
Information acquired or maintained by the Division of Vocational Rehabilitation (DVR) will be available upon written request for inspecting and copying by an applicant or eligible individual or, as appropriate, the individual’s representative in accordance with Colorado Public Records Law (Section 24-72-201, et. seq., C.R.S.), unless release of such information is prohibited by State or Federal statutes, case law or rules and regulations. Medical, psychological or other information which the counselor determines may be harmful to the individual will not be released directly to the individual, rather will be provided through a third party chosen by the individual. Any employee of DVR shall not disclose the following information to the applicant or eligible individual and/or his or her authorized representative; applicants and eligible individuals requesting such information shall be referred to the originating source of the information.
A.  Social Security Administration (SSA) information except when requested by the Client Assistance Program on behalf of the client;
B.  Veterans Administration information;
C.  Medical or psychological information, when the service provider states in writing that disclosure to the individual is prohibited.
9.102.3  Release to Other Programs or Authorities [Rev. eff. 12/1/08]
A.  Confidential information may be released to other agencies or organizations when necessary for their programs only after receiving informed written consent from the subject of the information and under assurances that the agency or organization will manage the information in a manner to safeguard its confidentiality in accordance with the confidentiality regulations governing vocational rehabilitation programs. 
B.  Information may be released to other programs or authorities without an applicant's or eligible individual's written authorization when: 
1.  The information is necessary for the administration of the rehabilitation program, such as for audit purposes;
2.  Sharing of the information, including pertinent medical and other data received from SSA, is necessary to establish an individual's eligibility for rehabilitation services and/or for the provision of such services under an Individualized Plan for Employment;
3.  The information is required by Federal law;
4.  The information is necessary to respond to an investigation in connection with law enforcement, fraud, or abuse (except where expressly prohibited by Federal or State statutes or rules and regulations), and in response to judicial order;
5.  The information is necessary in order to protect the individual or others when the individual poses a threat to his or her own safety or to the safety of others;
6.  The information is requested by the SSA; and,
7.  The Director of the Division of Vocational Rehabilitation approves release to an organization or individual engaged in research in accordance with 34 CFR. 361.49, July 1991 edition. No amendments or later editions are incorporated. Copies are available for purchase at the Government Bookstore, Federal Office Building, 1961 Stout Street, Denver, Colorado 80294. A copy is available for inspection at in the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, Denver, Colorado 80203-1714; or any state publications depository library.
9.103  RIGHTS TO REVIEW AND APPEAL 
9.103.1  Review and Appeal of Counselor Determinations [Rev. eff. 12/1/08]
A.  An applicant or eligible individual who is dissatisfied with any determination made by the DVR counselor or other DVR staff that affects the provision of vocational rehabilitation services may request a formal appeal. In addition, DVR is authorized to enter into settlement negotiations with an applicant or eligible individual in a joint endeavor to resolve disputes at the lowest possible level. These negotiations may not be used to deny or delay an applicant’s or eligible individual’s right to pursue resolution of the dispute through the formal appeal process unless both parties agree that additional time is necessary to effectively negotiate. 
B.  An applicant or eligible individual shall be notified, in writing, of his/her appeal rights and the availability of the Client Assistance Program each time the following occur: 
1.  At the time of application for services;
2.  At the time of placement into an order of selection priority category;
3.  At the time of Individualized Plan for Employment (IPE) development and any time the IPE is amended;
4.  Any time that DVR makes a decision to reduce, suspend or terminate planned services and goods being provided; 
5.  At the time a case is closed for reasons of ineligibility; and,
6.  At the time a case is closed from a deferred services waiting list.
C.  An applicant or eligible individual is responsible for costs associated with his/her appeal unless otherwise ordered. 
D.  An applicant’s or eligible individual’s appeal shall not result in suspension, reduction or termination of vocational rehabilitation services pending resolution of his/her appeal unless: 
1.  An applicant or eligible individual or, as appropriate, the individual’s representative requests a suspension, reduction or termination of services; or, 
2.  There is evidence that the vocational rehabilitation services were obtained through misrepresentation, fraud, collusion or criminal conduct by the individual on the part of an applicant, eligible individual or the individual’s representative. 
9.103.2  Formal Appeal Process [Rev. eff. 12/1/08]
A.  A written request for a formal appeal must be submitted to the Colorado Department of Personnel and Administration, Office of Administrative Courts (OAC), within ninety (90) calendar days of the subject determination made by the DVR counselor or other DVR staff that affects a provision of vocational rehabilitation services. 
B.  The written request must be a statement detailing the basis of appeal, including a description of the subject determination made by the DVR counselor or other DVR staff that affects a provision of vocational rehabilitation services and specify what relief is requested. 
C.  When an applicant or eligible individual requests a formal appeal, DVR is authorized to enter into settlement negotiations with the appellant as part of the litigation process in the interest of making every effort to resolve disputes at the lowest possible level. 
D.  An applicant or eligible individual and DVR may voluntarily participate in mediation through the OAC. Mediation may not be used to deny or delay an applicant’s or eligible individual’s right to pursue resolution of the dispute through the formal appeal process unless both parties agree that additional time is necessary for mediation. 
9.103.3  Formal Appeal Before the Office of Administrative Courts [Rev. eff. 12/1/08]
A.  When the OAC receives a request for a formal appeal, the OAC shall notify DVR that the request has been docketed and send a copy of the formal appeal request to DVR. 
B.  DVR shall serve a notice to set an informal pre-hearing conference within ten (10) calendar days of receipt of the formal appeal request from the OAC. The purpose of the informal pre-hearing conference shall be to: 
1.  Set the date by which DVR shall provide to applicant or eligible individual and to the OAC the specific incidents supporting DVR’s determination that affects a provision of vocational rehabilitation services; 
2.  Set the date by which the applicant or eligible individual shall provide a response to DVR’s notice of specific incidents supporting DVR’s determination; 
3.  Set, within the time period specified in paragraph D of this section, the case for hearing on the merits; and, 
4.  Arrange for expedited discovery schedules, motion dates, and pre-hearing conferences as necessary. 
C.  If an applicant or eligible individual fails to provide, within the time prescribed by the Administrative Law Judge, a response to DVR’s notice of specific incidents supporting DVR’s determination, the OAC shall deem the formal appeal to have been abandoned by an applicant or eligible individual and render an Initial Decision dismissing the formal appeal. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the formal appeal for good cause shown by an applicant or eligible individual. 
D.  If DVR fails to provide within the prescribed time a notice of specific incidents supporting DVR’s determination, then appellant’s request for relief shall be granted and render an Initial Decision, as such. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the formal appeal for good cause shown by DVR. 
E.  The Administrative Law Judge shall conduct the hearing within sixty (60) calendar days of an applicant’s or eligible individual’s request for formal appeal unless both parties agree additional time is necessary. 
F.  The Administrative Law Judge shall conduct the hearing on formal appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include: 
1.  Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination. 
2.  Subject to these rights and requirements, where a hearing will be expedited and the interest of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations. 
3.  Hearings will be conducted at a site convenient to the appellant. A telephonic hearing may be conducted as an alternative to a face-to-face hearing if requested by either party.  If either party requests a face-to-face hearing, the written request for a face-to-face hearing must be filed with the OAC and the other party at least ten (10) calendar days before the scheduled hearing. 
G.  At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.
H.  The Initial Decision shall uphold, modify or reverse DVR’s determination affecting a provision of vocational rehabilitation services of an applicant or eligible individual.
I.  The initial decision shall be rendered within thirty (30) calendar days of the completion of the hearing.
J.  When an appellant fails to appear at a duly scheduled hearing, having been given proper notice, without having given timely advance notice to the Administrative Law Judge of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision dismissing appeal. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
K.  When DVR fails to appear at a duly scheduled hearing having been given proper notice, without having given timely advance notice to the Administrative Law Judge of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appellant’s request for relief shall be granted and the Administrative Law Judge shall enter an Initial Decision, as such. In accordance with the procedures set forth in Section 9.103.4, the Office of Appeals may reinstate the appeal for good cause shown by DVR. 
9.103.4  State Department Office of Appeals Functions [Rev. eff. 12/1/08]
A.  Review of the Initial Decision and hearing record and entry of the final agency decision shall be pursuant to State rules at Sections 3.850.72 – 3.850.73 (9 CCR 2503-1). 
B.  Review shall be conducted by a state adjudicator in the Office of Appeals not directly involved in any prior review of DVR’s determination affecting a provision of vocational rehabilitation services of an applicant or eligible individual. 
C.  The Final Agency Decision shall advise an applicant or eligible individual of his/her right to seek judicial review in the State District Court, City and County of Denver, if the appellant had timely filed exceptions to the Initial Decision. 
D.  If an applicant or eligible individual seeks judicial review of the Final Agency Decision, DVR shall be responsible for defending the final agency decision on judicial review. 
9.104  ELIGIBILITY
9.104.1  Determination of Eligibility [Rev. eff. 12/1/08]
A.  An assessment shall be conducted with each applicant to determine eligibility. Eligibility criteria for vocational rehabilitation services requires that: 
1.  The individual has a physical or mental impairment;
2.  The impairment constitutes or results in a substantial impediment to employment that is consistent with the individual’s abilities and capabilities; 
3.  The individual requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and, 
4.  DVR presumes that an applicant who meets all other eligibility criteria can benefit in terms of an employment outcome from the provision of vocational rehabilitation services. If this presumption is questionable, the DVR counselor must provide trial work experiences and/or extended evaluation in order to determine eligibility or ineligibility. 
B.  The length of time between application and eligibility shall not exceed sixty (60) calendar days unless a period of trial work experience and/or extended evaluation is required or unless the counselor and applicant agree that exceptional circumstances beyond the agency's control preclude determining eligibility within sixty days.
9.104.2  Presumptive Eligibility [Eff. 12/1/08]
An applicant who is determined to be eligible for SSI and/or SSDI benefits (based on his/her own disability including blindness) is presumed to meet the eligibility requirements. Verification of eligibility for SSI/SSDI benefits is sufficient to establish that DVR eligibility criteria are met unless the presumption of benefit in terms of an employment outcome is questionable, which may require trial work experiences and/or extended evaluation. 
9.104.3  Trial Work Experiences [Eff. 12/1/08]
Prior to determining that an individual is ineligible because he/she does not meet the fourth eligibility criteria (presumption of benefit), trial work experiences must be provided. Trial work experiences must provide an exploration of the individual’s abilities, capabilities and capacity to perform in realistic work settings to determine whether or not there is clear and convincing evidence that an employment outcome is precluded by the severity of an individual’s disability and an ineligibility decision is appropriate. 
Trial work experiences for the purpose of determining eligibility or continued eligibility must be provided under a Trial Work Experience Plan in the most integrated setting(s) possible, consistent with the informed choice and rehabilitation needs of the individual. The DVR counselor and the individual should jointly develop the plan for the trial work experience. 
Trial work experiences must be of sufficient variety and over a sufficient period of time 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. 
9.104.4  Extended Evaluation [Rev. eff. 12/1/08]
If an individual with a significant disability cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before the DVR counselor is able to determine eligibility or ineligibility, an extended evaluation shall be provided. The service record must document the need for extended evaluation. 
9.105  ORDER OF SELECTION
9.105.1  Classification [Rev. eff. 12/1/08]
Each eligible individual found eligible for vocational rehabilitation services will be classified by placement into one of the three following priority categories: 
A.  Eligible individuals with the most significant disabilities;
B.  Eligible individuals with significant disabilities; 
C.  All other eligible individuals.
An individual shall be classified in the highest priority category for which he/she is determined qualified. If an individual’s circumstances change or when it has been determined that a client has been misclassified, the priority classification shall be changed accordingly and the individual will be notified of the change. 
9.105.2  Implementation [Rev. eff. 12/1/08]
All individuals within a higher priority category for services shall be served before individuals in the next lower priority category are served. When it is impossible to serve all individuals within a priority category, individuals shall be placed on a deferred services waiting list and served in chronological order based on the date of application. In the event that an order of selection is rescinded or that all individuals can be served while an order of selection is in effect, individuals on waiting lists and in unserved categories will be contacted and served in chronological order based on the date of their applications in accordance with their priority category.
9.105.3  Notification [Rev. eff. 12/1/08]
Upon placement into a priority category, the client shall be notified in writing of his/her placement, which will include identification of his/her priority classification and information regarding the policies and procedures governing the availability of vocational rehabilitation services, including notification of placement on a waiting list, when applicable. The written information shall include information about appeal rights and the client assistance program. 
9.105.4  Availability of Services [Rev. eff. 12/1/08]
A.  When it is determined that the agency cannot provide services to all individuals in a priority category, all eligible individuals in that category already receiving services under a comprehensive assessment to determine rehabilitation needs or an Individualized Written Rehabilitation Program shall continue to receive services.
B.  All services shall be available to individuals receiving services under an order of selection insofar as they are necessary and appropriate to the individual's rehabilitation needs. All provisions of 9.107.1 shall be applicable to individuals receiving services under an order of selection.
C.  All policies governing the expenditure of agency funds, client financial participation, and use of comparable services and benefits contained in 9.108 are applicable to individuals receiving services under an order of selection.
9.105.4  Availability of Services [Rev. eff. 12/1/08]
When it is determined that the agency cannot provide services to all individuals in a priority category, all eligible individuals in that category already receiving services under a comprehensive assessment to determine rehabilitation needs or an Individualized Plan for Employment shall continue to receive services. In addition, diagnostic goods and services necessary to establish eligibility for all applicants shall continue to be provided during an order of selection. Finally, all policies governing the expenditure of vocational rehabilitation funds, the individual’s financial participation, and the use of comparable service and benefits are applicable to individuals receiving planned vocational rehabilitation services under an order of selection. 
9.105.5  Severity of Disability [Rev. eff. 12/1/08]
The assessment for determining eligibility and identifying vocational rehabilitation needs shall establish whether a person's disability is most significant, significant, or neither.
A.  An individual with a most significant disability is one: 
1.  Who has a severe physical or mental impairment which seriously limits three or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and,
2.  Whose vocational rehabilitation can be expected to require the provision of two or more core vocational rehabilitation services for at least five months. 
B.  An individual with a significant disability is one: 
1.  Who has a severe physical or mental impairment which seriously limits two or fewer functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and,
2.  Whose vocational rehabilitation can be expected to require the provision of two or more core vocational rehabilitation services for at least five months.
An individual is classified as having a disability when he/she meets DVR eligibility criteria but has a disability that does not meet the criteria for most significant or significant disability. 
9.106  DETERMINING EMPLOYMENT OUTCOME AND SERVICE NEEDS [Eff. 12/1/08]
The comprehensive assessment is a process in which the DVR counselor provides vocational guidance, counseling, and necessary services and support to help the individual select a suitable employment outcome and identify the service needs to be addressed in the Individualized Plan for Employment (IPE) to achieve that outcome. The assessment of vocational rehabilitation service needs begins with the initial interview and continues until sufficient information is available to develop the Individualized Plan for Employment (IPE). 
9.107  INDIVIDUALIZED PLAN FOR EMPLOYMENT
9.107.1  Development [Rev. eff. 12/1/08]
An Individualized Plan for Employment (IPE) must be developed and implemented in a timely manner for each individual determined to be eligible for vocational rehabilitation services or, if DVR is operating under an order of selection, each eligible individual to whom DVR is able to provide services. 
The IPE will be jointly agreed upon by the counselor and the eligible individual and/or his or her authorized representative. The eligible individual shall be provided information and assistance, as appropriate, to assure that the individual makes informed choices in the development of the IPE in regard to the employment outcome, the vocational rehabilitation services needed to achieve the employment outcome, the settings and providers of goods and services, and the methods available for procuring goods and services. Provisions of the IPE will not take effect until signed by the eligible individual and/or his or her authorized representative and approved by the counselor. The individual shall be provided a copy of the IPE. 
9.107.2  Review [Rev. eff. 12/1/08]
The IPE shall be reviewed at least annually by the DVR counselor or another qualified vocational rehabilitation counselor and the individual or, as appropriate, the individual’s representative.
9.107.3  Coordination with Other Programs and Agencies [Rev. eff. 12/1/08]
When services are being provided to an individual who is also: eligible for services under individualized plans established by other federal or state programs, the IWRP will be prepared in coordination with such programs.
9.107.4  IPE Amendment [Eff. 12/1/08]
The IPE shall be amended whenever deemed necessary and appropriate by the eligible individual and the DVR counselor to meet the individual’s vocational rehabilitation needs. An amendment is required whenever there is any substantive change in the IPE including, but not limited to, changes in the planned employment outcome, the vocational rehabilitation services to be provided, the providers of the vocational rehabilitation services, and/or other provision(s) deemed appropriate by the individual and the DVR counselor.
9.108  PROVISION OF VOCATIONAL REHABILITATION SERVICES
9.108.1  Introduction [Rev. eff. 12/1/08]
Services are provided to applicants and eligible individuals to determine eligibility and severity of disability, to achieve identified vocational objectives, and to reach the planned employment outcome. Services which are provided to applicants and eligible individuals must be necessary, appropriate, and purchased at least possible cost. A service is considered necessary only if it is essential to assess an individual’s eligibility and severity of disability, to establish his/her vocational rehabilitation needs, to overcome or circumvent the vocational impediment(s), and to attain the individual’s chosen employment outcome. Once an IPE has been developed, services shall be provided in the most integrated settings as outlined on the IPE. A service is considered appropriate if it is of sufficient quality to fully meet the individual’s particular needs and circumstances. Once a service and/or good has been determined to be both necessary and appropriate, it must then be procured at the least possible cost to DVR. 
9.108.2  Services Available [Rev. eff. 12/1/08]
A.  Core Vocational Rehabilitation Services
DVR staff shall ensure that the following core vocational rehabilitation services are available. Services are listed in the chronological order in which they are typically provided: 
1.  Assessment Services 
Assessment services shall be provided for determining eligibility; severity of disability and vocational rehabilitation needs including, if appropriate, assessment by personnel skilled in rehabilitation technology. Evaluation and diagnostic service are procured only when necessary to supplement the use of existing information. An individual receiving supported employment services may be provided supplemental evaluations subsequent to the development of the IPE when necessary to reassess the particular on-going support services needed, weekly work goals, and/or the suitability of the particular placement. 
2.  Vocational Rehabilitation Counseling and Guidance
Vocational rehabilitation counseling and guidance, including information and support SERVICES to assist an individual in exercising informed CHOICE, shall be provided throughout an individual's REHABILITATION process to encourage and facilitate full participation in the DVR program. 
3.  Physical and Mental Restoration Services
Physical and mental restoration services shall be provided as necessary for the attainment of an appropriate employment outcome and if not available financially or covered through comparable benefits. Physical and mental restoration services include therapeutic treatment interventions that are likely, within a reasonable period of time, to correct or substantially modify a stable or slowly progressive physical or mental impairment. The impairment must be one that constitutes a substantial impediment to employment. DVR may provide services for acute needs that are time-limited, not ongoing, and when necessary to achieve the employment outcome. 
Diagnosis and treatment of physical and mental disorders must be provided by individuals qualified in accordance with Colorado licensure and certification laws or equivalent licensure and certification laws governing the provision of medical services in the state of purchase. 
4.  Vocational and Other Training Services
Vocational and other training services, including personal and vocational adjustment training and necessary books, tools, and training materials shall be provided when necessary to an individual's rehabilitation needs and employment outcome. 
The individual must submit grade reports for each reporting period in a training program. An individual enrolled in any training program must maintain a minimum of a "C" average for each individual reporting period. If a grade point system is not used, the individual must maintain a satisfactory performance level for each individual reporting period. If satisfactory performance is not achieved in any single reporting period, the DVR counselor may approve continuation of the training program for one additional reporting period. 
5.  Rehabilitation Teaching, Orientation, and Mobility Services
Rehabilitation teaching services, orientation, and mobility services and reader services shall be available for individuals who are blind or visually impaired. 
6.  Job-Related Services
Job-related services, including job seeking skills training and placement assistance, job retention services, follow-up services and follow-along services are to be available and provided as necessary to meet the needs of each individual. 
7.  Job Placement Services
Assistance may be provided to help an individual procure a suitable, stable, and satisfactory employment situation in an integrated setting that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Job placement services include job development services, assistance in completing work applications and arranging for interviews, on-site job analyses, on-site consultation with the employer, recommendations for work-site job modifications and/or orientation to the work place, as appropriate to the individual’s specific needs. 
8.  Supported Employment Services
Supported employment services are 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 DVR until transition to extended services. 
9.  Occupational Licenses, Tools, Equipment, Initial Stocks, and Supplies
Occupational goods and services shall be provided as necessary relative to an employment outcome. 
10.  Rehabilitation Technology
Rehabilitation technology means the systematic application of technologies, engineering methodologies or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices and assistive technology services. 
11.  Referral Services
Referral and other services shall be provided as 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 individuals about the Client Assistance Program. 
12.  Technical Assistance and Other Consultation Services
Self-employment, telecommuting or establishing a small business operation as an employment outcome shall include necessary technical assistance and other consultation services to conduct market analyses, develop business plans and otherwise provide resources to the extent those resources are authorized. 
13.  Other Goods And Services 
Other goods and services shall be provided as determined necessary for the individual with a disability to achieve an employment. 
B.  Supportive Vocational Rehabilitation Services 
Supportive services, which include maintenance, transportation, services to family members and personal assistance services, are provided for the purpose of enabling the individual to participate in and benefit from other necessary services and goods. DVR shall not provide a supportive service alone or in conjunction with only another supportive service. 
1.  Maintenance
Maintenance means 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 IPE. Maintenance shall be provided only for expenses that the individual would not have if not receiving vocational rehabilitation services. 
2.  Transportation Services
Transportation services are provided as a support service for 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. 
3.  Services To Family Members
Vocational rehabilitation services to family members are services to an individual (either a relative or guardian or one who lives in the same household as an applicant or eligible individual), who has a substantial interest in the well-being of that individual, and whose receipt of vocational rehabilitation services is necessary to enable the individual to achieve an employment outcome. 
4.  Personal Assistance Services
Personal assistance services are 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. The services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services. 
9.109  UTILIZATION OF REHABILITATION FUNDS
9.109.1  Expenditure of Rehabilitation Funds [Rev. eff. 12/1/08]
A.  Payment for Services
Necessary and appropriate services provided to eligible individuals must be procured at the least possible cost to DVR. All services and goods shall be authorized prior to, or at the initiation of, the delivery of the service or good unless the service record documents that prior written authorization is not possible.
B.  Fee Schedule
Services must be authorized and payments approved in accordance with current agency fee schedules. Fees exceeding the established maximum may be authorized and paid only when the specific service is not available at the established rate or when the service available at the established rate is not adequate to meet the individual's rehabilitation needs.
C.  Bid Process
Purchase of items in excess of the amount established by the Division of Purchasing must be processed through the use of the State bid procedure. Prosthetic devices and prescription items other than wheelchairs may be purchased without use of the State bid process, regardless of cost. Wheelchair purchases must conform to the State bidding process.
D.  Purchase of Services from Community Rehabilitation Programs
Services from Community Rehabilitation Programs will only be purchased from those programs which meet the 1993 standards set forth by the Commission on the Accreditation of Rehabilitation Facilities (CARF) or which have been deemed by the Manager of Rehabilitation Services or designee to meet commensurate standards for the specific service being purchased. The 1993 edition of the CARF Standards Manual for Organizations Serving People with Disabilities is available for purchase from the Commission of Accreditation of Rehabilitation Facilities, 101 N. Wilmot Road, Suite 500, Tucson, Arizona, 85711. A copy is maintained at the Colorado Department of Human Services, Division of Vocational Rehabilitation, Office of the Director, 1575 Sherman Street, 4th Floor, Denver, Colorado 80203; or at any state publications depository library. No amendments or later editions are incorporated.
E.  Maintenance Payments
Maintenance payments shall not exceed the estimated additional cost of subsistence for each individual and/or family unit incurred as a result of the individual's participation in the rehabilitation program. In no event shall the maintenance payment exceed the maximum amount authorized by the State Board of Human Services for the Old Age Pension.
F.  Payment for Transportation
Public transportation will be used whenever possible. When public transportation is not available, driving expenses for use of a personal automobile may be reimbursed at a mileage rate not to exceed that established for reimbursement of automobile expenses to State employees.
G.  Purchase of Technological Aids and Devices
Purchase of telecommunications, sensory, and other technological or assistive aids and devices requiring individualized prescriptions and fittings is allowable only when the prescriptions and fittings are performed by individuals licensed or certified in accordance with state laws. Newly developed aids and devices not requiring individualized fittings will not be purchased unless they meet industry engineering and safety standards.
H.  Use of Supported Employment (Title VI -C) Funds
Supported employment funds may only be used for the development and implementation of rehabilitation programs for individuals with the most significant disabilities eligible for supported employment. Supported employment funds may not be used during the preliminary or comprehensive assessments to determine eligibility and vocational rehabilitation needs. Supplemental evaluations may only be used for the limited purposes identified in Section 9.108.2, B, subsequent to the initiation of the IPE.
I.  Order of Selection
During an order of selection, no agency funds shall be authorized or expended on any eligible individual on a deferred services waiting list or on any eligible individual when classification of the case puts it in a closed priority category.
J.  State Property
Items purchased for use by an eligible individual in a training program, trade or business remain the property of the State of Colorado until successful closure from DVR occurs. 
1.  Issue of State Property. When such item(s) are issued to a client, written acknowledgment of receipt of the equipment, indicating state ownership, shall be obtained from the client.
2.  Recovery of State Property. State property will be recovered from clients upon termination of programs that do not result in successfully rehabilitated closures.
3.  Re-Issue of State Property. Items recovered in accordance with this policy will be retained in the field office to be re-issued to other individuals who may have need of such items.
9.109.2  Consumer Financial Participation [Rev. eff. 12/1/08]
Throughout the DVR process, payment for most services or goods for individuals other than SSI/SSDI recipients is based upon the economic need of the individual. The DVR counselor shall conduct a determination of the individual's economic need prior to the preparation and approval of an Individualized Plan for Employment, a Business Exploration Agreement, Trial Work Experience Plan or Extended Evaluation Plan whenever the plan contains a vocational rehabilitation service that is not specifically exempted from financial participation. 
A.  Re-determinations of the individual's economic need shall be conducted at least annually and within forty-five (45) days after any other time when the individual's financial circumstances change. 
B.  The statement of the eligible individual and/or member of his/her family unit shall establish data used to complete economic need determinations. DVR counselors may request verification of financial data when other reliable sources of information, such as other professional staff or reports obtained during eligibility determination, the comprehensive assessment process and the Vocational Rehabilitation Program, are not consistent with the individual's statement. 
C.  The family unit consists of the applicant or eligible individual, the spouse of the individual, and any other persons whom the individual claims as a dependent for income tax purposes. When the individual is dependent upon his/her parents, the parents and persons for whom the parents are financially responsible shall be considered part of the family unit. An individual who is living with his/her parents is considered a dependent unless the parents have not claimed the individual as a dependent for income tax purposes for the tax year previous to the financial need determination and do not intend to claim the individual as a dependent in current and future years. 
D.  Economic need determinations will consider the after-tax income and net liquid resources as well as the allowable monthly deductions of the entire family unit. Standardized allowances for normal living costs are determined by the size of the family unit. These rates are established, in writing, by the DVR and will be reviewed periodically and adjusted when needed. 
E.  DVR does not require the financial participation of the individual or completion of a financial need analysis for the following vocational rehabilitation services: 
1.  Assessment services to determine eligibility and vocational rehabilitation needs, except for services that are considered supportive and goods and services which are provided under a Trial Work Experience Plan or an Extended Evaluation Plan; 
2.  Vocational rehabilitation counseling and guidance; 
3.  Referral services;
4.  Professional fees to providers of vocational adjustment and personal adjustment training, independent living skills training, job coaching, on-the-job training and job seeking skills training; 
5.  Interpreter services and note-taking services for individuals who are deaf; 
6.  Reader services and note-taking services for individuals who are blind; 
7.  Personal assistance services; 
8.  Auxiliary aids needed for an individual with a disability to participate in the vocational rehabilitation program; 
9.  Job-related services; and, 
10.  Any service or good furnished to an individual for whom the DVR counselor has evidence of current eligibility for SSI and/or SSDI benefits for disability or blindness. 
9.109.3  Comparable Services and Benefits [Rev. eff. 12/1/08]
Comparable services and benefits available to an individual under any program must be explored and utilized to meet all or part of the cost of any vocational rehabilitant service except those exempted by DVR.  Following are the services and goods that are exempt from a comparable benefits search: 
A.  Assessment services to determine eligibility and vocational rehabilitation needs; 
B.  Vocational rehabilitation counseling and guidance, including information and support services to assist the individual in exercising informed choice; 
C.  Referral and other services to secure needed services form other agencies; 
D.  Job related services, including job search and placement assistance, job retention; 
E.  Rehabilitation technology services and goods; 
F.  Post-employment services when the services and goods are listed in A-E, above.
A determination of the availability of comparable services and benefits is not required prior to the initiation of a non-exempt service or good if such a search would interrupt or delay the provision of services necessary to meet an urgent vocational rehabilitation need. 
Although a search is not required for an exempt service or good, the DVR counselor is not precluded from identifying comparable benefits as long as it does not delay services or otherwise negatively impact the vocational rehabilitation program. The service record must contain evidence of the conduct and outcome of a comparable services and benefits search prior to expenditure of DVR funds for any good or service that is not exempt from the search. 
9.110  CASE CLOSURE
9.110.1  Case Closed Ineligible [Rev. eff. 12/1/08]
When the DVR counselor determines that an applicant is ineligible or that a previously determined eligible individual is no longer eligible for vocational rehabilitation services, the service record will be closed and must include documentation specifying the reasons for this determination. A determination of ineligibility shall be made when the individual does not meet or no longer meets one of the eligibility criteria. An ineligibility determination can be made only after full consultation with the individual or, when appropriate, his/her authorized representative or after giving clear opportunity for such consultation. This consultation, or the opportunity for it, must be documented in the service record. 
An ineligibility decision due to the severity of an individual's impairment(s) can only be made when the service record contains clear and convincing evidence that the applicant or eligible individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. The DVR counselor must review the ineligibility decision within twelve (12) months of closure and annually thereafter if requested by the individual or his/her authorized representative, unless the individual refuses the review, is no longer present in the State, his/her whereabouts are unknown or the individual's medical condition is rapidly progressive or terminal. The review(s) must include consideration of the possibility of supported employment service provision as a means for achieving an employment outcome. The results of all annual reviews must be documented in the service record.
9.110.2  Case Closed, Successfully Rehabilitated [Rev. eff. 12/1/08]
The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met: 
A.  Employment Outcome Achieved 
1.  The individual has achieved the employment outcome that is described in the IPE, IPSE, or IPE amendments. 
2.  The employment outcome is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. 
3.  The employment outcome is in the most integrated setting possible, consistent with the individual's informed choice. 
B.  Employment Outcome Maintained 
1.  The individual has maintained the employment outcome for an appropriate period of time, but not less than ninety (90) days, necessary to ensure the stability of the employment outcome. 
2.  The individual no longer needs vocational rehabilitation services. 
C.  Employment Outcome Satisfactory 
At the end of the appropriate period, which shall be no less than 90 days, the individual and, if appropriate, the individual’s authorized representative, and the DVR counselor must consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment. 
D.  Individual Informed of Post-Employment Services 
The individual and, if appropriate, the individual’s authorized representative shall be informed through appropriate modes of communication of the availability of post-employment services. 
E.  Vocational Rehabilitation Services Documented 
The service record must contain documentation that demonstrates the vocational rehabilitation services provided under the individual's IPE, IPSE, IPE supplement and amendments contributed to the achievement of the employment outcome. 
F.  Compensation Verified 
With the exception of closures as "homemaker" and "unpaid family worker", there must be verification in the service record that the individual is compensated at or above the minimum wage and that the individual's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals. Self-employment requires that the income goal identified in the IPSE has been met. 
9.110.3  Other Reasons for Closure [Rev. eff. 12/1/08]
In addition to closure due to a successful employment outcome or ineligibility, the DVR counselor may close a service record for an applicant or eligible individual for any of the following reasons:  
A.  The individual cannot be contacted or located and there is documentation in the service record showing that the DVR counselor made repeated and appropriate efforts to contact the individual and, when appropriate, his/her authorized representative. 
B.  The individual is not available to participate in the rehabilitation program. 
C.  The individual has refused services and documentation in the service record shows that the DVR counselor made a reasonable number of attempts to contact the individual and, when appropriate, his/her authorized representative to encourage participation. 
D.  The individual requested closure. 
E.  The individual has failed to cooperate and documentation the service record shows that the DVR counselor has made repeated and appropriate efforts to encourage participation. 
F.  Employment has been maintained after provision of post employment services. 
G.  Extended services for supported employment are not available and documentation in the service record indicates that appropriate referrals have been made, if there are potential resources that may at some time in the future provide extended services, and that natural supports cannot be developed or are not appropriate to the individual’s needs. The service record must also document consultation or the opportunity for consultation regarding extended services issues with the individual and, if appropriate, his/her authorized representative.
H.  Extended employment has been chosen by the individual and, when appropriate, his/her authorized representative.
I.  Closure from an order of selection waiting list is appropriate if requested by the individual; if s/he cannot be contacted or located or has moved; if the individual is no longer available for services for another reason; or if information has been obtained that supports a determination that the individual is no longer eligible for vocational rehabilitation services. The individual shall be afforded an opportunity to participate in the closure decision unless s/he refuses it or cannot be located. The individual must be informed of the closure action, in writing, and through appropriate modes of communication, including the reason for closure, the right to an administrative review, mediation and formal appeal of the closure decision, and how an administrative review and/or formal appeal may be initiated.  
J.  Referrals shall be made to other training or employment-related programs in the statewide workforce investment system that can be of assistance to the individual in preparing for, securing, retaining or regaining employment. 

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