12-152-1 Me. Code R. § 10

Current through 2021-51, December 22, 2021
Section 152-1-10 - CLOSURE

The counselor shall close an individual's case record at any time in the DVR process when it is determined that the individual is no longer eligible, is unavailable for diagnostic or planned services, chooses not to participate, or is rehabilitated.

1. Ineligibility
A. The person has no disability or substantial impediment to employment, the individual does not require DVR services to achieve a competitive integrated employment outcome, or is unwilling to consider employment in an integrated setting.

Requires:

(1) Opportunity for the individual's or his/her representative's participation in closure decision;
(2) Written notification of closure decision;
(a) Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed, and of the availability of the Client Assistance Program;
(b) IPE amendment, if appropriate;
(c) Certification of ineligibility in case record that documents the reasons for closure and is dated and signed by the counselor;
(d) Referral to other agencies and community rehabilitation programs, as appropriate.
B. There is clear and convincing evidence after trial work experiences or after a period of service provision under an IPE that the individual with a disability is incapable of benefiting from DVR services in terms of achieving an employment outcome in an integrated setting for which an individual is compensated at or above minimum wage.

Requires:

(1) Opportunity for the individual's or his/her representative's participation in closure decision;
(2) Written notification of closure decision;
(3) Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed, and of the availability of the Client Assistance Program;
(4) IPE amendment, if appropriate;
(5) Review of the ineligibility determination within twelve (12) months. A review is not required in situations where the individual refuses it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive;
(6) Certification of ineligibility in the case record that documents the reasons for closure and is dated and signed by the counselor.
(7) Referral to other agencies and community rehabilitation programs, as appropriate.
2. Closure for Reasons other than Ineligibility
A. Individual is Unavailable

The counselor may close a case when an individual is unavailable during an extended period of time for an assessment for determining eligibility and vocational rehabilitation needs, or to participate in planned vocational rehabilitation services, and the counselor has made repeated efforts to contact the individual and to encourage the individual's participation.

Requires:

(1) Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
B. Individual Refuses to Cooperate or Participate

The counselor may close an applicant or eligible client when there is sufficient evidence to conclude that the individual refuses to cooperate or to participate in an assessment for determining eligibility and rehabilitation needs or planned services that can be demonstrated to be critical to success after reasonable efforts have been made to encourage cooperation or participation.

Requires:

(1) Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights, including the name and address of
(4) the person with whom an appeal may be filed and the availability of the Client Assistance Program;
(5) IPE amendment, when appropriate.
C. Individual needs supported-employment and extended support services are not available:

The counselor may close an applicant or eligible client who needs extended supports to become competitively employed, when it becomes apparent that extended supports will not be available. All options such as agency funding from the Department of Health and Human Services , Social Security Administrations' Ticket to Work Program, the Bureau of Rehabilitation Services' Basic or Brain Injury Extended Support Programs, natural supports, etc., must be first explored.

Requires:

(1) Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
D. Periodic Review of Unsuccessful Closures from Extended Employment with Community Rehabilitation Providers and Closures at Less Than Minimum Wage

For all clients closed unsuccessfully in a non-integrated extended employment setting or those closed in an integrated setting in which the individual is compensated at less than minimum wage, Maine DVR must conduct a semi- annual review and reevaluation of the status of each individual for two (2) years after closure (and thereafter, if requested by the individual or, if appropriate, the individual's representative) to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training in competitive integrated employment. This review must include:

(1) input from the individual or, if appropriate, the individual's representative, to determine the interests, priorities, and needs of the individual for employment or training for competitive integrated employment in the labor market;
(2) make maximum effort, including the identification of vocational rehabilitation services, reasonable accommodations, and other support services, to enable the eligible individual to benefit from training in, or to be placed in competitive integrated employment ; and
(3) provide services designed to promote movement from extended employment to competitive integrated employment, including supported-employment, independent living, and community participation.
3. Closure of Clients Who Have Achieved An Employment Outcome
A. In order to determine that a client has achieved competitive integrated employment , the case record must document the following:
(1) the provision of services under the individual's IPE contributed to the achievement of the employment outcome that is described in the individual's IPE;
(2) the employment outcome is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice as agreed upon in the individual's IPE;
(3) the employment outcome is in an integrated setting for which the individual is compensated at or above minimum wage , consistent with the individual's informed choice as agreed upon in the individual's IPE;
(4) the individual has maintained the employment outcome for at least 90 days; necessary to ensure the stability of the employment outcome and the individual no longer needs vocational rehabilitation services.
(5) the individual and the rehabilitation counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on the job;
(6) the individual is informed, through appropriate modes of communication, including written notification, of the availability of post-employment services; and
(7) written notification of appeal rights, including the name and address of the person with whom an appeal may be filed and the availability of the Client Assistance Program is provided;
B. Closure of Clients in Supported-employment

Clients have achieved a supported-employment outcome when the following conditions are met:

(1) the individual has substantially met the goals and objectives of his/her IPE;
(2) extended support services are immediately available to preclude any interruption in the provision of the ongoing support needed to maintain employment;
(3) the individual has maintained competitive integrated employment for at least ninety (90) days after the transition to extended services
(4) the individual or representative and the rehabilitation counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on the job;
(5) the individual or representative is informed, through appropriate modes of communication, including written notification, of the availability of post-employment services: and
(6) Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed and the availability of the Client Assistance Program, is provided.

12-152 C.M.R. ch. 1, § 10