Md. Code Regs. 13A.11.01.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.11.01.03 - Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Applicant" means an individual who:

(a) Has requested vocational rehabilitation services provided by the Division;

(b) Has completed and signed the Division's application form or provided equivalent information;

(c) Has provided information necessary to initiate an assessment to determine eligibility and priority for services; and

(d) Is available to complete the assessment process.

(2) "Client" means an applicant for or recipient of vocational rehabilitation services provided by the Division.

(3) "Client Assistance Program" means a program administered by the Division to provide assistance to applicants and eligible individuals including:

(a) Advising and informing applicants and eligible individuals of all services and benefits available to them through programs authorized under the Rehabilitation Act of 1973, as amended;

(b) Informing individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under the Act and under Title I of the Americans with Disabilities Act of 1990, and their rights and responsibilities in connection with those benefits;

(c) Assisting and advocating for applicants and eligible individuals in their relationships with projects, programs, and community rehabilitation programs providing rehabilitation services under the Act; and

(d) Helping applicants and eligible individuals by pursuing, or assisting them in pursuing legal, administrative, and other available remedies when necessary to ensure the protection of their rights under the Act.

(4) "Community rehabilitation program" means a program that:

(a) Provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities; and

(b) Is approved or certified by the Division.

(5) "Competitive employment" means work in the competitive labor market:

(a) That is performed on a full-time or part-time basis in an integrated setting; and

(b) For which an individual is compensated at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(6) "Customary charge" means the usual charge to the general public for goods and services.

(7) "Director" means the Assistant State Superintendent in Rehabilitation Services.

(8) "Division" means the Division of Rehabilitation Services, the State agency designated to administer the vocational rehabilitation program.

(9) "Eligible individual" means an individual who meets the criteria in Regulation .05 of this chapter.

(10) "Employment goal" means the occupation or profession, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, which is expected to be achieved as a result of the provision of vocational rehabilitation services.

(11) "Employment outcome" means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including: self-employment, telecommuting, or business ownership.

(12) "Extended services" means the ongoing support services and other appropriate services needed to support and maintain an individual with the most significant disability in supported employment after time-limited services have been provided by the Division.

(13) "Extreme medical risk" means a probability of substantially increasing functional impairment or risk of death if medical services, including mental health services, are not provided expeditiously.

(14) "Family member" or "member of the family" means a relative or guardian of an individual with disabilities or another individual living in the same household who has a substantial interest in the well-being of the individual and whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

(15) "Individual's representative" means any person chosen by the applicant or eligible individual, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

(16) "Individual with a most significant disability" means an individual:

(a) Who meets the definition of individual with a significant disability; and

(b) Whose disability seriously limits three or more functional capabilities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome.

(17) "Individual with a significant disability" means an individual:

(a) Who has a severe physical or mental impairment that seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(c) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment of rehabilitation needs to cause comparable substantial functional limitation.

(18) "Institution of higher education" means a university, college, community/junior college, vocational school, technical institute, or hospital school of nursing.

(19) "Integrated work setting" means, with respect to:

(a) The provision of services, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals other than nondisabled individuals who are providing services to them; and

(b) An employment outcome, a setting typically found in the community where applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to them, to the same extent that nondisabled individuals in comparable positions interact with other persons.

(20) Ongoing Support Services.

(a) "Ongoing support services" means services that are needed to support and maintain an individual with a most significant disability in supported employment as specified in the individualized plan for employment.

(b) "Ongoing support services" includes, at a minimum:

(i) Twice monthly contact with the individual at the work site to assess job stability, unless it is determined that off-site monitoring is more appropriate;

(ii) If monitoring is off-site, at least two meetings monthly with the individual.

(c) "Ongoing support services" occur throughout the term of employment during both the time limited phase and the extended services phase.

(21) Personal Assistance Services.

(a) "Personal assistance services" means a range of services:

(i) Provided by one or more persons;

(ii) Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability;

(iii) Designed to increase the individual's control in life and ability to perform everyday activities on or off the job; and

(iv) Necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services.

(b) "Personal assistance services" may include training in managing, supervising, and directing personal assistance services.

(22) "Physical or mental impairment" means an injury, disease, or other condition that materially limits, or, if not treated, is expected to materially limit, mental or physical functioning.

(23) "Preauthorized" means an approval required from the Division before services or goods can be purchased.

(24) "Prescription" means a written order for medicine, medical supplies, or equipment, signed by a physician, dentist, podiatrist, or other authorized professional.

(25) "Provider" means an individual, organization, institution, corporation, or other group from which the Division may purchase goods or services for an applicant or eligible individual.

(26) "Purchase order" means a Division document authorizing a purchase from a provider.

(27) "Purchasing card" means the authorized use of a State of Maryland corporate credit card to make a purchase from an approved provider by an authorized user.

(28) Rehabilitation Technology.

(a) "Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation.

(b) "Rehabilitation technology" includes:

(i) Rehabilitation engineering;

(ii) Assistive technology devices; and

(iii) Assistive technology services.

(29) "Substantial impediment to employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.

(30) "Supported employment" means:

(a) Competitive work in integrated work settings, or employment in integrated work settings where individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, for individuals with the most significant disabilities:

(i) For whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a significant disability, and

(ii) Who, because of the nature and severity of their disabilities, need intensive supported employment services from the designated State unit and extended services after transition in order to perform this work; or

(b) Transitional employment for individuals with the most significant disabilities due to mental illness.

(31) "Supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment, that are:

(a) Based on an assessment by the Division of the individual's needs as specified in an individualized plan for employment;

(b) Provided singly or in combination and are organized and made available in such a way as to assist an individual to achieve employment; and

(c) Provided by the Division for a period not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized plan for employment, before transition is made to extended services provided under a cooperative agreement with other appropriate State agencies and private, nonprofit organizations.

(32) "Transition services" means a coordinated set of activities for a student that:

(a) Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(b) Is based upon the individual student's needs, taking into account the student's preferences and interests; and

(c) Includes instruction, community experiences, the development of employment, and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

(33) "Transitional employment", as used in the definition of "supported employment", means a series of temporary job placements in competitive employment with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.

(34) "Vocational rehabilitation services", when provided to an individual with disabilities, means those services listed under Regulation .08 of this chapter.

Md. Code Regs. 13A.11.01.03

Regulation .03C amended effective September 2, 1991 (18:17 Md. R. 1919)
Regulation .03 amended effective October 28, 2002 (29:21 Md. R. 1646)