La. Admin. Code tit. 48 § IX-107

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-107 - Programmatic Standards

A. Programming Guidelines

1. (MS) In its planning processes, service provision and daily routines, the agency shall:

a. provide on-going opportunities for each consumer to exercise self-determination and freedom of choice to the fullest of his/her ability in his/her work environment along with the training and supports needed to do so.

b. provide the opportunity for each consumer to work in the least restrictive and most normal setting possible.

c. address the opportunity to engage in activities which encourage and maintain the inclusion of the consumer in the community through:

i. promoting social interactions which maximize contact with other citizens in culturally typical settings;

ii. presenting a physical appearance which is appropriate to the chronological ages of the people served and the practices of the surrounding community;

iii. engaging in activities and routines which are appropriate to the consumer's chronological age, occur at appropriate times of the day and follow the practices of the surrounding community;

iv. being addressed in a manner appropriate to the chronological age of the consumer and the practices of the surrounding community;

v. freedom from program practices which produce negative impressions of the individual, i.e., use of techniques or materials which draw undue attention to the consumer.

2. (MS) If/When nonvocational group activities occur in the community, the agency should consider the preferences of the individual served, and promote natural proportions through consideration of the number of people with disabilities who will be in the setting, and the opportunities for interaction with other community members.

3. (QI) Exchanges between consumers and the management, and, when appropriate, representatives of consumers, should occur at least annually for the purpose of discussing matters of mutual concern. Purposes of such communication should, at the least, include:

a. to solicit input from persons served regarding methods, activities, service delivery and design, etc.

b. to receive suggestions from the persons served and to answer their questions.

c. to inform the persons served concerning relevant aspects of program operations and plans.

d. to enlist the informed cooperation of the persons served to achieve efficient use of resources of the program in the best interests of these persons.

4. (MS) The agency serves consumers with severe and profound disabilities.

B. Assessments

1. (MS) At a minimum the following persons shall be involved in the vocational assessment and its annual update:

a. the consumer and any representative he/she may authorize;

b. the family or residential provider, unless the consumer objects;

c. the staff person most involved with the consumer.

2. (MS) A work evaluation/assessment is conducted or up-dated annually for each consumer. It includes, but is not limited to:

a. the work interests, preferences and goals of the consumer;

b. the consumer's general and specific work abilities based on reports, screenings, checklists, etc.;

c. a work history;

d. work habits such as punctuality, attendance, etc.

e. the learning style, preferred modalities of the individual;

f. physical and/or medical issues that might limit employment;

g. adaptive equipment or modifications that might increase the likelihood of success;

h. consumer and family attitudes about work;

i. an analysis of family, residential or other supports which might be available for employment;

j. determination of transportation needs;

k. actual benefits the consumer is receiving and potential benefits available to meet the consumer's work needs.

3. (MS) recommendations for work/vocational training are contained in the Individualized Program Plan (IPP) and are based on the outcome of the assessment.

C. Individual Program Plans

1. (MS) Prior to the IPP meeting the agency must:

a. seek information from the consumer about his/her interests and preferences;

b. solicit the consumer's input about persons he/she would like to attend the meeting;

c. prepare consumers for the meeting by describing the IPP process; and

d. provide information about the choices the consumer will need to make at the meeting.

2. (MS) At a minimum the interdisciplinary team shall be composed of:

a. the consumer;

b. member(s) of his/her family, unless the consumer objects;

c. the staff person most involved with the consumer;

d. the residential service provider, unless the consumer objects; and

e. any other representative (friend/advocate) the consumer may select, if that representative agrees.

3. (QI) considering the minimum team members, the number of agency staff attending the IPP may not exceed the number of representatives (family/friends/advocates) selected by the consumer (including the consumer). Paid employees of the service provider are not considered to be "representatives" of the consumer for the purpose of this standard. Other consumers served by the agency may serve in this capacity, if confidentiality is preserved.

4. (QI) in the development of the IPP, the program uses or participates in a person-centered planning process surrounding the vocational needs of the consumer. The process is designed around providing individualized supports and incorporates natural supports.

5. (MS) an individual program plan shall be developed for each consumer with the full participation of that person and shall include the following:

a. the personal preferences, desires and wants of the consumer;

b. consideration of the results of the vocational assessment/update, including a description of progress over the past year, and any recommendations;

c. consideration of the results of any other pertinent assessments/updates, including a statement of the current functioning level as found on the OCDD complexity scale;

d. a statement of the individual's strengths and preferences;

e. a review, and, if appropriate, an update of the OCDD complexity scale and the legal status of the consumer.

f. measurable objectives for acquiring vocationally-related skills which are oriented toward promoting maximum independence and the maximum number of vocational options for the consumer;

g. measurable objectives regarding placement in supported or competitive employment, or a statement explaining why such employment is not an objective at this time;

h. measurable objectives for acquiring functional, work-related skills;

i. a description of community-based activities in which the consumer is or will be involved, whether these activities are the responsibility of the family, the program or some other individual/group;

j. a statement outlining how the transportation needs of the consumer will be met, whether this is the responsibility of the family, the consumer or the agency;

k. a description of the generic, community resources which may be used to meet the needs of the consumer, if any;

l. a statement regarding expected monthly earnings; and (This is provided simply as another descriptor, and is not to be used to measure against actual wages for compliance purposes.)

m. for each objective:

i. training methodologies;

ii. persons responsible;

iii. projected time frame for completion; and

iv. procedures for evaluation of progress toward completion.

D. Program Content

1. (MS) The program should provide, arrange or refer the consumer for support and training in employment and when appropriate, in related areas such as:

a. functional communication skills, e.g. oral, written and nonverbal, needed on the job and in the community;

b. making choices, contingency planning, problem solving, and decision making regarding their employment, including decisions regarding the development and modification of their program plans;

c. functional skills as they relate to the workplace;

d. social skills necessary to maintain employment and function in the community;

e. mobility and transportation skills necessary to participate fully in the vocational/habilitative program;

f. safety practices as they relate to life in the community and on the job, for example, dealing with injuries, evacuating during fire drills, and handling emergencies, etc.

g. self-advocacy training needed to enable consumers to assert their human and civil rights in effective ways;

h. utilization of community services and resources, as related to work, e.g., restaurants, suppliers, etc.;

i. interactions in the community with citizens who are not paid care givers or staff.

2. (MS) The agency shall provide or assist in arranging for the transportation of consumers served by the agency to and from service sites when the family is unable to provide it or when other forms of transportation are unavailable or inaccessible.

3. (MS) If the agency restricts the provision of transportation or charges consumers for transportation, the agency has a detailed, written policy describing all restrictions and any conditions under which transportation charges may apply.

E. Work

1. (MS) All agencies receiving funding under this contract will comply with United States Department of Labor's Fair Labor Standards Act, whether or not the work performed is covered by the Department of Labor regulations, and, where applicable, by the United State Department of Labor's Wage and Hour Regulations, Part 525, Employment of Workers with Disabilities under Special Certificates. By contracting to provide vocational and habilitative services all agencies receiving funding under this contract acknowledge familiarity with, and will abide by, all applicable state and federal regulations pertinent to employment of workers with disabilities under special certificates, including but not limited to U. S. Department of Labor, Part 525.

2. (MS) The agency prepares a handbook, which is reviewed annually, updated as needed and distributed to all consumers, stating:

a. the conditions, benefits and responsibilities of the organization and the persons served;

b. fringe benefits;

c. wage payment practices;

d. work rules;

e. nondiscrimination provisions;

f. grievance and appeal procedures for consumers;

g. an explanation of the means used by the organization to preserve human rights and the mechanism by which the person has access to that system;

h. the availability of community-based job training and placement services.

3. (MS) Wage payments are based on a system of individual performance rather than pooled and/or group wage payments.

4. (MS) Wage payments are monetary in nature, paid by check in the individual's name and not payments in-kind.

5. (MS) The pay period does not exceed 31 calendar days.

6. (MS) Each person receives a written statement for each pay period indicating gross pay, hours worked, deductions, and net pay.

7. (MS) Wages may not be withheld or delayed for disciplinary reasons or because they are contingent upon subsequent sales or payments to the organization.

8. (MS) Contractors providing employment shall comply with R.S. 23:1168, Ways of Securing Compensation to Employees. By contracting to provide vocational and habilitative services all agencies receiving funding under this contract acknowledge familiarity with, and will abide by, all applicable state and federal regulations pertinent to providing workers compensation or similar insurance to employees, including but not limited to R.S. 23:1168.

9. (QI) All consumers have equal opportunity to use equipment within the provisions of safety standards, production schedules and the physical abilities of the individual. (This applies to facility-based services only.)

10. (MS) Provisions for meeting safety standards apply uniformly to all persons employed by the agency.

11. (QI) As a part of reasonable accommodation, modified equipment, fixtures, and other techniques are used as necessary to increase the individual's productivity rate.

12. (MS) The agency accesses funding from Louisiana Rehabilitation Services for job development, placement, intensive training, and job modifications and adaptations at the job site.

13. (MS) The resources/supports available from parents, friends, co-workers, guardians, advocates, case managers, residential providers (i.e., supported living, SFC parents) and others, as determined by the consumer are considered in the coordination of supported employment services.

14. (MS) There are provisions for extended services which include:

a. a minimum of two visits per month at the job site to assess the individual's job performance both by direct observation and discussion with the consumer's co-workers and supervisors. In the case where the consumer and/or the job coach believes it is more appropriate to meet the consumer off the job site to assess the employment situation, the job coach must still contact the employment site to assess job performance;

b. periodic retraining;

c. job modifications needed to maintain employment, when not available through LRS; and

d. provision or identification of other supports needed to maintain employment.

15. (MS) When an Interdisciplinary Team determines that formal (agency-provided) extended services are not necessary for the continued maintenance of a consumer's employment, the agency shall:

a. initiate separation from OCDD services per the discharge policy;

b. provide a written description of the employer and/or generic supports that are available to the individual.

16. (MS) A separation report is completed when a person receiving agency provided extended services leaves any community job. The report documents:

a. date of separation;

b. reason(s) for separation; and

c. recommendations for future employment or other services.

La. Admin. Code tit. 48, § IX-107

Promulgated by the Department of Health and Human Resources, Office of Mental Retardation/Developmental Disabilities, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, Office for Citizens with Developmental Disabilities, LR 21:691 (July 1995), LR 27:854 (June 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 28:380 et seq.