Mo. Code Regs. tit. 5 § 20-500.210

Current through Register Vol. 49, No.12, June 17, 2024

Section 5 CSR 20-500.210 - Services

PURPOSE: This amendment corrects the name of the service provider to Vocational Rehabilitation, corrects the citation, adds the office name, updates and adds language in accordance with federal regulations, and incorporates by reference applicable federal regulations.

PURPOSE: This rule establishes the standards for vocational rehabilitation services through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education, for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.48; 34 CFR section 361.53(a), (b), and (c); and 34 CFR section 361.54.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to individuals.

(A) The following vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to eligible individuals based upon their financial need and the nature and scope of services in their individualized plan for employment (IPE):

1. Physical and/or mental restoration, including but not limited to hospitalization, medical treatment, surgery, dentistry, and prosthesis;

2. Training, including tuition, fees, books, supplies, training materials, and other services associated with training;

3. Maintenance;

4. Transportation;

5. Placement tools, including initial stock and supplies associated with placement;

6. Self-employment;

7. Rehabilitation technology service, including assistive technology devices and services to assist the individual to achieve an employment outcome;

8. Home modification or remodeling;

9. Vehicle modification;

10. Services to family members to assist the individual to achieve an employment outcome;

11. Note-taking services, not involving sign language interpretation; and/or

12. Other goods and services not listed above to assist the individual to achieve an employment outcome.

(B) Financial need is based upon the individual's adjusted gross income level of the most recent tax records less unreimbursed disability-related expenses as approved by Vocational Rehabilitation (VR) and compared to one hundred eighty-five percent (185%) of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis.

(C) Individuals who are above one hundred eighty-five percent (185%) of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis, and do not receive any services based upon financial need as listed in this subsection, may receive an annual fixed amount as determined by VR, to be applied toward tuition costs, books, fees, or required supplies for training services only. This amount may be authorized by VR for a twelve- (12-) month period of time on an annual basis, beginning on the date of services listed on the IPE.

(D) The following vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to individuals regardless of financial need:

1. Medical diagnostic services, including medical and surgical examination; psychiatric evaluation; dental examination; inpatient hospitalization for specific identified vocational rehabilitation diagnostic and evaluation services including room, board, and other services provided by the facility; clinical laboratory tests, diagnostic x-ray procedures, and other medically recognized diagnostic services;

2. Psychological diagnostic services including psychological tests and measurements, intelligence tests, achievement tests, assessment of social functioning, educational achievement, and other recognized diagnostic services;

3. Social and vocational diagnostic services including evaluation of the individual's employment opportunities and objectives in light of personality factors, intelligence level, educational achievements, work experience, vocational aptitudes and interests, and personal and social adjustment;

4. Maintenance when required to enable the individual to participate in an assessment or diagnostic evaluation in order to determine eligibility and vocational rehabilitation needs;

5. Transportation when required to enable an individual to participate in an assessment or diagnostic evaluation in order to determine eligibility and vocational rehabilitation needs;

6. Assessment for determining eligibility and vocational rehabilitation needs;

7. Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;

8. Interpreter services for deaf or non-English speaking individuals when necessary to participate in a rehabilitation plan. Note-taking services that include interpreter services are not based upon the individual's financial need;

9. Job search and job placement services necessary to assist an individual in locating employment opportunities and obtaining suitable employment to include job development, job retention, follow-up services, follow-along services, on-the-job training fees, apprenticeship training fees, employment services, and supported employment services, including customized employment and individual placement with supports, to provide short- or long-term job coaching in order to assist an individual in learning job-related skills required to meet a vocational goal (All other need-based services required during the training such as maintenance and transportation will be based on financial need.);

10. Personal assistance services required to enable the individual to participate in the rehabilitation plan; and/or

11. Referral and other services necessary to assist in securing needed services from other agencies/programs, including other components of the state-wide workforce development system.

(2) Individuals must use and make application for all available comparable services, including but not limited to federal and state financial aid, which will be used to reduce the costs of services for VR. Other comparable services, including Medicaid, Medicare, and insurance, will also be used by VR to reduce the costs of services.

(A) Prior to providing any services to an individual, VR will determine whether comparable services or benefits are available under any other program, except in the following instances:

1. When a determination would delay or interrupt the progress of the individual toward achieving the employment outcome identified in the IPE;

2. When a determination would delay or interrupt an immediate job placement; or

3. When a determination would delay or interrupt the provision of a service to any individual at extreme medical risk.

(B) The following vocational rehabilitation services are exempt from a determination of the availability of comparable services and benefits:

1. Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices, to assist the individual to achieve an employment outcome;

2. Counseling and guidance, including information and support services to assist an individual in exercising informed choice;

3. Assessment for determining eligibility and vocational rehabilitation needs;

4. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

5. Referral and other services necessary to assist in securing needed services from other agencies/programs, including other components of the state-wide workforce development system; and

6. Post-employment services that include services listed in paragraphs (2)(B)1.-5.

(3) VR funds may not be used for the purchase of the following:

(A) Real property, defined as land, including land improvements, structures and appurtenances thereto, excluding moveable machinery or equipment; and/or

(B) Automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state.

(4) VR will follow all Missouri procurement policies as specified in the Revised Statutes of Missouri for the purchase, retention, repossession, and discarding of items including but not limited to prosthetic appliances; home modifications; vehicle modifications; initial tools, stock, and equipment; and/ or rehabilitation technology/devices.

(5)34 CFR section 361.48; 34 CFR section 361.53(a), (b), and (c); and 34 CFR section 361.54 are hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in June 2023. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

5 CSR 20-500.210

AUTHORITY: sections 161.092, RSMo Supp. 2003 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-5.400. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Amended: Filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-500.210, effective Aug. 16, 2011.

Amended by Missouri Register December 1, 2023/volume 48, Number 23, effective 1/30/2024.

*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.