192 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 192-1-003 - Scope Of Services
003.01.PROGRAM PURPOSE. NCBVI operates statewide programs that provide;
003.01A.VOCATIONAL REHABILITATION services which are-
003.01A1. An integral part of a statewide workforce development system; and
003.01A2. Designed to assess, plan, develop, and provide high-quality employment outcomes for individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice enabling them to prepare for and engage in competitive integrated employment and achieve economic self-sufficiency ( 34 CFR 367.1); and:
003.01B.INDEPENDENT LIVING SERVICES that will:
003.01B1. Enable blind and visually impaired persons to function, continue functioning, or move toward functioning independently in the family or community,
003.01B2. Conduct activities that will improve or expand services for blind people; and
003.01B3. Conduct activities to help improve public understanding of the challenges of blind people ( 34 CFR 367.1) .
003.02.FEE SCHEDULES. NCBVI's fee schedule in Appendix A is designed to identify a reasonable cost to NCBVI for each vocational rehabilitation or independent living service purchased by NCBVI. The fee schedule applies to all services. If the recipient chooses an out-of-state or non-tax supported service, NCBVI is not responsible for those costs in excess of the costs of the in-state or tax-supported service.
003.03.EXCEPTIONS TO FEE SCHEDULES. The Commission's Deputy Director has the authority and discretion to make reasonable exceptions to the fee schedule based on individual circumstances. Exceptions may be granted if the Deputy Director determines there is no alternative to addressing a recipient's need for a vocational rehabilitation or independent living service necessary to complete an assessment for determining eligibility and need for services, or to achieve the goals on the recipient's approved individualized plan for employment or independent living.
003.04.FINANCIAL ASSISTANCE EXCLUSIONS. NCBVI will not provide financial assistance for fines, penalties, damages, and other settlements resulting from recipient violations (or alleged violations) of, or failure of the recipient to comply with, federal, state, local, or Indian tribal laws and regulations. NCBVI also will not provide financial assistance toward the recipient's outstanding financial obligations or judgments resulting from civil or criminal legal proceedings, or for the costs of any travel outside the United States.
003.05.TREATMENT OF PHYSICAL AND MENTAL IMPAIRMENTS. NCBVI will provide financial assistance for the recipients of NCBVI services for the diagnosis and treatment of physical and mental impairments that constitute a substantial impediment to employment, to the extent that financial support is not readily available from a source other than the program (such as through health insurance of the individual or comparable services and benefits). The purpose of diagnosis and treatment of physical and mental impairments is to eliminate or substantially reduce, within a reasonable period of time, the impediment to employment caused by a stable or slowly progressive disabling condition.
003.06.CONDITIONS AND CRITERIA for providing financial assistance for the diagnosis and treatment of physical and mental impairments. Conditions and criteria are that:
003.06A. The physical or mental impairment must be stable or slowly progressive and constitute a substantial impediment to employment or threat placing the individual in a position of greater dependency on others;
003.06B. The necessary corrective surgery, therapeutic treatment, or other diagnosis and treatment of physical and mental impairments must reasonably be expected to eliminate or substantially reduce the impediment to employment or dependency on others within a reasonable length of time;
003.06C. Comparable services and benefits must be sought to pay for the costs of any diagnosis and treatment of impairments determined to be necessary as defined above ( 34 CFR 361.53 [c]) and 34 CFR 367.3 [b]).
003.07.MEDICAL SERVICES EXCLUDED. NCBVI will not provide financial resources for any medical services for injuries or acute illnesses which are unrelated to the recipients' disabling condition or which are not an impediment to his or her ability to achieve competitive integrated employment or greater personal independence, and/or could be covered by any comparable benefits.

192 Neb. Admin. Code, ch. 1, § 003

Amended effective 7/2/2019