Section Ed 1010.01 - Comparable Services and Benefits(a) NHVR shall comply with the provisions of 34 CFR 361.53 in the determination and use of comparable services and benefits.(b) Comparable benefits and services shall be:(1) Provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;(2) Available to the individual at the time needed to achieve the intermediate objectives in the IPE; and(3) Commensurate to the services that the individual would otherwise receive from NHVR.(c) NHVR shall determine whether comparable benefits and services are available to an individual prior to paying for all vocational rehabilitation services, excluding only those services and circumstances listed as exceptions in (g) below. NHVR staff and participants shall seek comparable benefits and services in order to maximize the vocational rehabilitation resources available to individuals with disabilities. If an individual refuses to apply for or accept available comparable benefits, NHVR funds shall not be used instead of, or to replace, comparable benefits.(d) Prior to initiating comparable benefits and services, the NHVR staff shall determine the following:(1) Whether the determination of the availability of comparable services and benefits would delay services to an individual who is at extreme medical risk, as determined by an appropriate licensed medical professional; and(2) Whether an immediate job placement would be lost due to a delay in the provision of such comparable benefits.(e) When comparable benefits or services are available, they shall be used prior to using NHVR funds or services.(f) When comparable benefits or services are unavailable or if an individual is required to initiate a new application to another program, NHVR funds shall not be used in the interim except when in the judgment of NHVR staff in consultation with the individual, waiting for benefits would prevent the individual from achieving the intermediate objectives of the IPE.(g) Comparable benefits shall not be required for the following exempt services:(1) Assessment services to determine eligibility and vocational rehabilitation needs;(2) Counseling and guidance, including information and support services to assist an individual exercising informed choice;(3) Referral and other services to secure needed services from other agencies;(4) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;(5) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; and(6) Post-employment services as noted above in (1) through (5).(h) If an individual is in default of a student loan, financial aid, including a Pell grant, shall not be available to the individual. NHVR shall be prohibited from paying for any training or related services at a post-secondary program eligible for a Pell grant, including, but not limited to, colleges and business and trade schools, for an individual who owes a refund on a Pell Grant or is in default of a student loan, unless the individual makes maximum effort to resolve the default. Maximum effort shall mean that the individual has a repayment plan, or documented correspondence attempting to set up a repayment plan, with the lending institution or grantor.(i) When making a determination of whether to secure comparable benefits prior to using vocational rehabilitation funds, counselors shall:(1) Acquire at least general knowledge about the nature of services available from other sources, their eligibility criteria, and the application and appeals process;(2) Explore with the individual all possible sources of comparable benefits and assess, through discussion with the participant, the appropriateness of pursuing specific benefits or services and the availability of such benefits;(3) Document in the case record the participant's application for benefits or the reasons NHVR funds are being used in place of benefits; and(4) Monitor the application of benefits and assist the individual, if necessary.(j) Individuals shall also exercise initiative in exploring the availability of and in securing the comparable benefits available to them, as appropriate to their disability by:(1) Applying in a timely manner for all comparable benefits and services which are appropriate, with counselor assistance if necessary;(2) Accepting and use comparable benefits and services when available; and(3) Informing the NHVR counselor of the status of any application and the receipt of denial of any comparable benefit.N.H. Admin. Code § Ed 1010.01
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031