Section 17-401.1-13 - Use of comparable services and benefits(a) The division must assure that prior to providing any VR services, except those services listed in subsection (b), to an eligible individual, or to members of the individual's family, the division must determine whether comparable services and benefits, as defined in section 17-401.1-2, exist under any other program and whether those services and benefits are available to the individual unless such a determination would interrupt or delay: (1) The progress of the individual toward achieving the employment outcome identified in the IPE;(2) An immediate job placement; or(3) The provision of VR services to an individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.(b) The following VR services described in section 17-401.1-6 are exempt from a determination of the availability of comparable services and benefits under subsection (a) : (1) Assessment for determining eligibility and priority for services.(2) Assessment for determining VR needs.(3) VR counseling and guidance, including information and support services to assist an individual in exercising informed choice.(4) 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 under this part.(5) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.(6) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices.(7) Specific post-employment services consisting of the above services (1) through (6).(c) Comparable services and benefits means services and benefits that are: (1) Provided or paid for, in whole or part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;(2) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's IPE in accordance with this section; and(3) Commensurate to the services that the individual would otherwise receive from the division.(d) If comparable services or benefits exist under any other program, the division must provide services, in accordance with the following: (1) If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's IPE, the division must use those comparable services and benefits to meet, in whole or part, the costs of the VR services.(2) If comparable services or benefits exist under any other program, but are not available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's IPE, the division must provide VR services until those comparable services and benefits become available.(e) The division shall not use VR funds to pay for services which require full consideration of comparable services and benefits if the individual refuses to apply for or accept services from another agency as other resources for which the individual may be eligible.(f) Applicants in a trial work experience or extended evaluation, and individuals in post-employment status shall use comparable services and benefits on the same bases as eligible individuals.(g) If any advanced payment for services by the division or any benefit award results in a duplication of payment as a consequence of the individual receiving other comparable services and benefits, the portion advanced by the division shall be refunded.(h) The division must assure that the following requirements for interagency coordination are developed and implemented:(1) The State plan must assure that the division, in consultation with other appropriate agencies, and with the Governor's assurance, if necessary, will effect an interagency agreement or other mechanism for interagency coordination between the division and any appropriate public entity, including the State entity responsible for administering the State medicaid program, a public institution of higher education, and a component of the statewide workforce investment system, to ensure the provision of VR services (other than those services listed in subsection (b)) that are included in the IPE, including the provision of those VR services during the pendency of any interagency dispute in accordance with the provisions of paragraph (3) (C).(2) The requirements of paragraph (1) may be met through:(A) A State statute or regulation;(B) A signed agreement between the respective officials of the public entities that clearly identifies the responsibilities of each public entity for the provision of the services; or(C) Another appropriate mechanism as determined by the division.(3) The interagency agreement or other mechanism for interagency coordination must include the following: (A) An identification of, or description of a method for defining, the financial responsibility of the public entity for providing the VR services other than those listed in subsection (b) and a provision stating the financial responsibility of the public entity for providing those services.(B) Information specifying the conditions, terms, and procedures under which the division must be reimbursed by the other public entities for providing VR services based on the terms of the interagency agreement or other mechanism for interagency coordination.(C) Information specifying procedures for resolving interagency disputes under the interagency agreement or other mechanism for interagency coordination, including procedures under which the division may initiate proceedings to secure reimbursements from other public entities or otherwise implement the provisions of the agreement or mechanism.(D) Information specifying policies and procedures for public entities to determine and identify interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of VR services other than those listed in subsection (b).(i) The following responsibilities apply to other public entities under other law: (1) If a public entity (other than the division) is obligated under Federal law (such as the Americans with Disabilities Act, section 504 of the Act, or section 188 of the Workforce Investment Act) or State law, or assigned responsibility under State policy or an interagency agreement established under this section, to provide or pay for any services considered to be VR services (e.g., interpreter services under section 17-401.1-6, other than those listed in subsection (b)), the public entity must fulfill that obligation or responsibility through: (A) The terms of the interagency agreement or other requirements of this section;(B) Providing or paying for the service directly or by contract; or(2) If a public entity other than the division fails to provide or pay for VR services for an eligible individual as established under this section, the division must provide or pay for those services to the individual and may claim reimbursement for the services from the public entity that failed to provide or pay for those services. The public entity must reimburse the division pursuant to the terms of the interagency agreement or other mechanism described in subsection (h) in accordance with the procedures established in the agreement or mechanism pursuant to paragraph (h)(3)(B).Haw. Code R. § 17-401.1-13
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 721; 34 C.F.R. §361.53 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 721; 34 C.F.R. §361.53 )