Haw. Code R. § 17-401.1-12

Current through September, 2024

Section 17-401.1-12 - Opportunity to exercise informed choice

(a) All applicants and eligible individuals or, as appropriate, their representatives shall be provided information concerning the availability of, and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice, to assist them in exercising informed choice throughout the rehabilitation process consistent with section 102(d) of the Rehabilitation Act, as amended, and the requirements of this section.

(b) The division, in consultation with the State Rehabilitation Council, must develop and implement written policies and procedures that enable an applicant or eligible individual to exercise informed choice throughout the VR process. These policies and procedures must provide for:

(1) Informing each applicant and eligible individual (including students with disabilities who are making the transition from programs under the department of education to programs under the division), through appropriate modes of communication, about the availability of and opportunities to exercise informed choice, including support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice throughout the VR process;

(2) Assisting applicants and eligible individuals in exercising informed choice in decisions related to the provision of assessment services;

(3) Developing and implementing flexible procurement policies and methods that facilitate the provision of VR services and that afford eligible individuals meaningful choices among the methods used to procure VR services;

(4) Assisting eligible individuals or, as appropriate, the individuals' representatives in acquiring information that enables them to exercise informed choice in the development of their IPEs with respect to the selection of the:

(A) Employment outcome;

(B) Specific VR services needed to achieve the employment outcome;

(C) Entity that will provide the services;

(D) Employment setting and the settings in which the services will be provided;

(E) Methods available for procuring the services; and

(F) Ensuring that the availability and scope of informed choice is consistent with the obligations of the division.

(c) In assisting an applicant or eligible individual in exercising informed choice during the assessment for determining eligibility and VR needs and during development of the IPE, the division must provide the individual or the individual's representative, or assist the individual or the individual's representative in acquiring, information necessary to make an informed choice about the specific VR services including the providers of those services, that are needed to achieve the individual's employment outcome. This information must include, at a minimum, information relating to the:

(1) Cost, accessibility, and duration of potential services;

(2) Consumer satisfaction with those services to the extent that information relating to consumer satisfaction is available;

(3) Qualifications of potential service providers;

(4) Types of services offered by the potential providers;

(5) Degree to which services are provided in integrated settings; and

(6) Outcomes achieved by individuals working with service providers, to the extent that such information is available.

(d) In providing or assisting the individual or the individual's representative in acquiring the information required under subsection (c), the division may use, but is not limited to, the following methods or sources of information:

(1) Lists of services and service providers.

(2) Periodic consumer satisfaction surveys and reports.

(3) Referrals to other consumers, consumer groups, or disability advisory councils qualified to discuss the services or service providers.

(4) Relevant accreditation, certification, or other information relating to the qualifications of service providers.

(5) Opportunities for individuals to visit or experience various work and service provider settings.

(e) The division shall include in the division's record of services for the individual, documentation describing the extent to which the applicant or eligible individual exercised informed choice regarding:

(1) The provision of assessment services; and

(2) The extent to which the eligible individual exercised informed choice in the development of the IPE with respect to:

(A) The selection of the specific employment outcome;

(B) The specific VR services needed to achieve the employment outcome;

(C) The entity to provide the services;

(D) The employment setting;

(E) The settings in which the services will be provided; and

(F) The methods to procure the services.

Haw. Code R. § 17-401.1-12

[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 721, 722; 34 C.F.R. §§361.47, 361.52 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 721, 722; 34 C.F.R. §§361.47, 361.52 )