N.J. Admin. Code § 10:95-13.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:95-13.1 - General purpose and scope

(a) Post-employment services are designed to assist the individual in maintaining, regaining or advancing in employment after the individual has been determined to be rehabilitated. Post-employment services may include any vocational rehabilitation services or combination of services necessary to assist the individual in maintaining employment. Counseling and guidance and other appropriate services will be provided to maintain an individual's employment.

(b) The following criteria shall be established for the provision of post-employment services:

1. The individual has been determined to be rehabilitated;

2. Post-employment services are necessary to assist the individual in maintaining employment;

3. The services act as a supplement to the services provided prior to case closure;

4. The services do not entail a complex or comprehensive rehabilitation effort; and

5. The services are related to the client's individualized plan for employment developed during the rehabilitation process.

(c) The Commission shall inform each individual as part of the process of closing a case as rehabilitated that the individual may be eligible to receive post-employment services.

(d) The following groups of individuals generally require post-employment services:

1. Individuals identified prior to closure as needing post-employment services. In these cases, the Commission's intention to provide post-employment services will be indicated on the client's individualized written rehabilitation program;

2. Individuals for whom unexpected situations arise; and

3. Individuals identified through re-evaluation of extended employment.

(e) The Commission shall apply its economic needs test as set forth at N.J.A.C. 10:91-3 to the same services and items during the post-employment phase as it does during the rest of the rehabilitative process. The Commission shall administer a new needs test to reflect the individual's changed financial situation due to his or her employment status. The Commission shall apply its policy regarding the use of comparable benefits and services as set forth at N.J.A.C. 10:91-3 to the provision of post-employment services.

(f) The Commission shall not provide post-employment services to upgrade an individual's financial status (see definition of post-employment services at 10:95-1.2) .

(g) The vocational rehabilitation counselor shall record the decision to terminate post-employment services in the individual's amended individualized plan for employment. Post-employment services shall be terminated if:

1. The problem requiring post-employment services has been resolved;

2. The individual attains sufficient independence to function without continued post-employment services;

3. The individual's employment appears secure;

4. The employment continues at a suitable level in relation to the individual's potential; or

5. The individual's condition or situation becomes such that post-employment services cannot maintain them in employment.

N.J. Admin. Code § 10:95-13.1

Amended by R.1999 d.375, effective 11/1/1999.
See: 31 New Jersey Register 2152(a), 31 New Jersey Register 3328(a).
In (a), inserted ", regaining or advancing in" following "maintaining" in the first sentence; in (b)5 and (h), substituted references to individualized plans for employment for references to individualized written rehabilitation programs; and in (e) substituted a reference to comparable benefits and services for a reference to similar benefits in the last sentence.
Amended by R.2005 d.93, effective 3/21/2005.
See: 36 New Jersey Register 4611(a), 37 New Jersey Register 887(a).
Deleted existing (f); recodified former (g) and (h) as (f) and (g).