192 Neb. Admin. Code, ch. 1, § 004

Current through September 17, 2024
Section 192-1-004 - Comparable Services and Benefits
004.01.NCBVI services and funds may supplement, but not supplant, those services and benefits available to a recipient and his or her family from any outside agency or entity. If comparable services and benefits are currently available and ready for immediate use, they must be used to meet, in whole or part, the cost of NCBVI services ( 34 CFR 361.53 [c]).
004.02. If any public entity other than NCBVI is obligated under Federal or State law, or assigned responsibility under State policy, to provide or pay for any services that are also considered to be vocational rehabilitation services, then NCBVI funds cannot be used to provide or pay for such services. If NCBVI provides or pays for services that a responsible public entity fails to provide or pay for, NCBVI may claim reimbursement for the services from the public entity that failed to provide or pay for the services ( 34 CFR 361.53 [e]).
004.03. Applicants for and recipients of NCBVI must apply for and accept any existing comparable service or benefit. NCBVI funds cannot be used to replace comparable services and benefits a recipient is eligible for, but refuses to apply for or accept.
004.04. The requirement to determine the availability of comparable services and benefits does not apply if this would interrupt or delay ( 34 CFR 361.53 [a]):
004.04A. The provision of NCBVI services to any recipient who is at "extreme medical risk." Extreme medical risk is a probability of substantially increasing functional impairment or death if medical services are not provided expeditiously. The determination of extreme medical risk is based upon medical evidence provided by an appropriate licensed medical professional;
004.04B. An immediate job placement; or,
004.04C. The progress of recipient toward achieving the employment outcome on the recipient's approved individualized plan for employment or independent living.

192 Neb. Admin. Code, ch. 1, § 004

Amended effective 7/2/2019