Section 17-401.1-14 - Use of personal resources(a) The division shall determine the financial status of applicants and eligible individuals for purposes of determining the extent of their participation in the cost of the following VR services described in section 17-401.1-6, other than those services exempted under subsection (c).(b) The following VR services are subject to the financial needs test defined in (d)(6) and may be provided only after the division has determined the individual's ability to participate in the cost of the services: (1) Diagnosis and treatment of physical and mental impairments (physical and mental restoration services), as defined in section 17-401.1-2 and in accordance with section 17-401.1-18.(2) Vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials as defined in section 17-401.1-6 and in accordance with section 17-401.1-19. No training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this section unless maximum efforts have been made by the division and the individual to secure grant assistance in whole or part from other sources to pay for that training.(3) Maintenance, as defined in section 17-401-1-2 and in accordance with section 17-401.1-23.(4) Transportation, as defined in section 17-401.1-2 and in accordance with section 17-401.1-27.(5) Vocational rehabilitation services to family members, as defined in section 17-401.1-2 and in accordance with section 17-401.1-22.(6) Supported employment services, as defined in section 17-401.1-2 and in accordance with section 17-401.1-31.(7) Occupational licenses, tools, equipment, initial stocks, and supplies, in accordance with section 17-401.1-26.(8) Rehabilitation technology services as defined in section 17-401.1-2 and in accordance with section 17-401.28.(9) Transition services, as defined in section 17-401.1-2 and in accordance with section 17-401.1-29.(10) Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome, in accordance with section 17-401.1-32.(11) Other goods and services determined necessary for the individual with a disability to achieve an employment outcome in accordance with section 17-401.1-33.(12) Specific post-employment services consisting of the above services (1) through (10).(c) The division shall not apply the financial needs test, or require the financial participation of the individual: (1) As a condition for furnishing the following VR services: (A) Assessment for determining eligibility and priority for services, except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences under section 17-401.1-7(e), or an extended evaluation under section 17-401.1-7(f).(B) Assessment for determining VR needs under section 17-401.1-10(b).(C) Vocational rehabilitation counseling and guidance.(D) Referral and other services.(E) Job-related services.(F) On-the-job and other related personal attendant services.(G) Any auxiliary aid or service (e.g., interpreter services under section 17-401.1-6(10), reader services under section 17-401.1-6(11)) that an individual with a disability requires under section 504 of the Act or the Americans with Disabilities Act, or regulations implementing those laws, in order for the individual to participate in the VR program.(H) Specific post-employment services consisting of the above services (A) through (G); or(2) As a condition for furnishing any VR service if the individual in need of the service has been determined eligible for Social Security benefits under titles II or XVI of the Social Security Act.(d) The division shall determine the financial status of applicants or eligible individuals, as follows:(1) The individual or, as appropriate, the individual's representative shall be the primary source of information about the individual's financial circumstances and needs. This may be supplemented by information from other reliable sources with the consent of the individual or, as appropriate, the individual's representative.(2) It must be applied uniformly to all individuals in similar circumstances and within each geographic region.(3) It shall not apply to individuals receiving public financial assistance, or Social Security benefits under title II or XVI of the Social Security Act because they are already qualified by more stringent needs test.(4) It shall be a quick inventory of the individual's assets, income, and expenses, including the individual's guardian or family, as appropriate, and a determination of net monthly income considerable for rehabilitation completed by the individual or, as appropriate, the individual's representative, using the division's determination of financial status form.(5) The level of an individual's participation in the cost of VR services shall be reasonable, based on the individual's financial needs, including consideration of any disability-related expenses paid by the individual, and not so high as to effectively deny the individual a necessary service.(6) The financial needs test shall consist of the following: (A) Identification of resources including consequential resources comprising of current income, savings, or resources of responsible parents, guardians, or private parties, including but not limited to pensions;(B) Assessment of the individual's obligations and living requirements;(C) Determination of kind and amount of net resources which are available for the rehabilitation program;(D) Maintenance 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 a program of VR services;(E) Determination of available resources to be used considering the situation and circumstances of the individual;(F) Identification of resources to disregard after review, documentation, and discussion to provide basis and justification for costs over and above normal costs due to special food or diet requirements, and other unusual and demonstrated circumstances or needs; and(G) Determination of supplementation by the division to meet the costs of the individual's rehabilitation program based on the difference between the total cost of services and the amount of the individual's resources, plus available comparable benefits, and limitations in the division's supplementation by established fee schedules.(e) The division shall not use VR funds to pay for services covered by the financial needs test if the individual refuses to provide information necessary to determine the individual's financial status, or refuses to consider or use available personal or family resources to meet the costs of such services.(f) Applicants in a trial work experience or extended evaluation, and individuals in post-employment status shall use personal resources on the same basis as eligible individuals.Haw. Code R. § 17-401.1-14
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §709; 34 C.F.R. §361.54) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §709; 34 C.F.R. §361.54 )