Mo. Code Regs. tit. 5 § 20-500.230

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

Section 5 CSR 20-500.230 - Maintenance and Transportation

PURPOSE: This amendment reflects the name change from the Division of Vocational Rehabilitation to Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services; provides basis for the determination of service costs; and incorporates by reference applicable federal regulations and web-based platforms.

PURPOSE: This rule establishes the standards for maintenance and transportation services provided by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education, for eligible individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.5(c)(34) and (56).

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) Definitions.

(A) Maintenance-monetary support authorized and provided by Vocational Rehabilitation (VR) to an individual that is in excess of the normal expenses of the individual and that is necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of VR services under an individualized plan for employment (IPE).

(B) Transportation-the necessary travel and related expenses, authorized and provided by VR, to enable an applicant or eligible individual to participate in a VR service, including expenses for training in the use of public transportation vehicles and systems.

(2) VR may provide the following maintenance and transportation services to applicants or eligible individuals regardless of the individual's financial need:

(A) Maintenance. When an applicant or eligible individual is required to leave his or her domicile and travel to participate in an assessment or diagnostic evaluation-

1. VR will authorize a reasonable rate for lodging when travel of forty-five (45) miles or more one (1) way is required and overnight accommodations are necessary. VR may use a national web-based platform to determine the reasonable rate for lodging. The platform must use rates established by the General Services Administration (GSA);

2. VR will authorize a reasonable meal per diem rate. VR may use a web-based platform to determine the reasonable meal per diem rate. The platform must use rates established by the Missouri Office of Administration; and

(B) Transportation. When required to enable an applicant or eligible individual to participate in an assessment or diagnostic evaluation-

1. VR will authorize a reasonable rate for mileage. VR may use a web-based platform to determine the reasonable rate for mileage. The platform must use rates established by the Missouri Office of Administration; or

2. VR will authorize reasonable modes of transportation, such as a taxi, bus, or ridesharing service, when mileage reimbursement is not feasible.

(3) VR may provide maintenance and transportation services to eligible individuals based on their financial need and the nature and scope of services necessary for their individualized needs. VR will not pay maintenance or transportation when the eligible individual is no longer participating in the services on the current IPE. VR will not authorize maintenance to an individual for online training, during convalescent care, or hospitalization. VR may provide the following maintenance and transportation services to eligible individuals:

(A) Maintenance. VR may provide maintenance under the following circumstances and guidelines:

1. When required for the eligible individual to travel, but not relocate, in order to participate in services on the individual's IPE-

A. VR will authorize a reasonable rate for lodging when travel of forty-five (45) miles or more one (1) way is required and overnight accommodations are necessary. VR may use a national web-based platform to determine the reasonable rate for lodging. The platform must use rates established by the GSA; and

B. If an eligible individual is required to travel to participate in services, VR may authorize meal costs at a reasonable meal per diem rate. VR may use a web-based platform to determine the reasonable meal per diem rate. The platform must use rates established by the Missouri Office of Administration;

2. When required for the eligible individual to leave his or her domicile and relocate forty-five (45) miles or more one (1) way to participate in services on the individual's IPE-

A. VR may use a national web-based platform to determine the reasonable rate for housing and utilities. The platform for housing must use rates that are established by the U.S. Department of Housing and Urban Development, and the platform for utilities must use rates that are established by the Bureau of Labor Statistics;

B. If an eligible individual is required to relocate in order to participate in services, VR may authorize a reasonable weekly rate, which includes food and other basic necessities. VR may use a web-based platform to determine the reasonable weekly rate. The platform must use rates established by the U.S. Department of Agriculture and the Bureau of Labor Statistics;

C. VR may assist with the cost of on-campus room and board during postsecondary training; and

D. VR may authorize placement maintenance in association with an IPE for an eligible individual who requires relocation for job placement or job seeking; and

3. VR may authorize the purchase of uniforms/clothing for an eligible individual if it is necessary for participation in services under an IPE; and

(B) Transportation assistance: The provision of transportation assistance requires the individual to attend the nearest available primary service location.

2. VR will authorize reasonable means of transportation, such as a taxi, bus, or ridesharing service, when mileage reimbursement is not feasible.

3. If the eligible individual elects to obtain primary rehabilitation services at a location not within forty-five (45) miles one (1) way of his or her domicile and the services are available within commuting distance, the eligible individual is responsible for all costs exceeding those calculated at the rate of the commuting distance service location.

4. VR may authorize air travel when significant impairment necessitates such mode of travel or when the overall cost to VR would be more cost-effective than authorizing mileage reimbursement.

(4)34 CFR section 361.5(c)(34) and (56) is 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, February 2023; and Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, Vocational Rehabilitation Maintenance and Transportation Rates at https://dese.mo.gov/vr-maintenance-and-transportation-rates as published February 2023. Copies of the regulation and pages from the referenced website 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 20-500.230

AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-5.420. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed March 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.230, effective Aug. 16, 2011.

Amended by Missouri Register August 15, 2023/Volume 48, Number 16, effective 9/30/2023

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