N.Y. Comp. Codes R. & Regs. tit. 8 § 247.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 247.16 - Approval of vendors of goods and services furnished in connection with a program of vocational rehabilitation and basis for rates charged

(a) Purpose. The purpose of this section is to establish general and specific provisions for approval of vendors of goods and services other than community rehabilitation programs and for establishing a basis for the rates to be charged.

(b) Definitions. As used in this section:

(1) Agency means the New York State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities.

(2) Personal assistance services means the provision of a range of services designed to assist the individual to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services.

(3) Home study means enrollment and study with an educational institution which provides lesson materials prepared in a sequential and logical order for study by a student on his or her own.

(4) Interpreter means an individual who possesses skill in the language of signs and fingerspelling, can convey a hearing person's message to a deaf person, and can convey a deaf person's message to a hearing person.

(5) Prosthetic device vendor means an individual who provides artificial substitutes for missing body parts such as an arm, leg, eye or tooth, used for functional and/or cosmetic reasons.

(6) Wheelchair accessible van means any motor vehicle equipped with a powered lift or ramp designed for the purpose of transporting persons in wheelchairs or containing any other physical device or alteration designed to permit access to and enable the transportation of persons with physical disabilities.

(c) General provisions. Goods and services to individuals with disabilities shall be provided consistent with the following provisions:

(1) The vendor providing services authorized by the agency shall agree not to extract or accept payment from the individual or his or her family for such services without prior approval of the agency.

(2) Contracts for payment for approved services between the agency and a vendor shall require prior approval by the agency. Advance payment for such services shall not be made.

(3) Vendors approved to provide services to individuals must provide information and data deemed sufficient by the agency to establish a rate or amount of payment for each specific service.

(4) The rate charged by the vendors to the agency shall not exceed the rate charged to the general public. If the vendor or school has a policy or practice of providing rebates or discounts to commercial customers, such policy or practice shall be extended to the agency.

(5) All vendors approved by the agency shall comply with the state and/or Federal regulations governing the vendor services they provide (e.g., licenses and applications required by the State and/or Federal regulatory agency).

(6) All vendors other than rehabilitation facilities providing services, specified in subdivision (d) of this section, for the agency are subject to agency approval prior to the provision of goods and services as covered by this section.

(7) Services and/or vendors not specifically covered in this section may be approved on a temporary basis at the discretion of the agency and in the interest in providing services; however, such services and/or vendors must be included by amendment in subdivision (d) of this section within 180 days from the date the temporary approval was granted in order for such services or vendors to be utilized in the future.

(8) It shall be within the sole discretion of the agency whether a particular vendor of goods or services is utilized, and the agency may revoke its approval of utilization where it is deemed by the agency to be in the interest of efficient and effective administration notwithstanding a vendor's compliance with the provisions of subdivision (d) of this section.

(d) Types of vendor services subject to approval. Prior to agency approval, vendors shall comply with the applicable provisions set forth as follows:

(1) Colleges and universities. Colleges, universities and other degree-granting institutions must be accredited by a regional accrediting body recognized by the U.S. Commissioner of Education or approved by the New York State Board of Regents in order to be considered by the agency for the provision of services. Exceptions may be made where accreditation is pending or conditional and the course of study is sufficiently unique to justify utilization. Fees and costs established in college catalogues shall be subject to approval pursuant to the agency's procedures for such approvals.

(2) Vocational trade schools and business schools. All vendors in this category shall meet the requirements of Part 126 of this Title and be licensed by the New York State Education Department's Bureau of Proprietary School Supervision. All instructional requirements and provisions of other student services contained in Part 126 of this Title shall apply. Waivers may be granted by written agreement between the agency and the vendor if specifically agreed to by the individual. Fees for these training programs shall be paid in accordance with enrollment agreements which have been approved by the agency.

(3) Commercial driver training schools. Vendors in this category shall meet the licensing requirements of the New York State Department of Motor Vehicles to provide such services. Vendors in other states may be approved if they are approved by the motor vehicle departments in the states in which the services are provided. Fees for services in this category shall be consistent with or below the prevailing rate charged to the general public.

(4) Correspondence or home study programs. Vendors in this category shall be accredited by an accrediting body recognized by the U.S. Commissioner of Education. Notwithstanding the foregoing provisions, all vendors shall be subject to agency review and approval before utilization by the agency. All fees are subject to approval by the agency.

(5) Limousine and taxi service. Vendors of limousine and taxi service shall be duly licensed by the local government agencies where required. Fees are paid according to the meter reading or by agreement between the agency and vendor.

(6) Vehicles operated by rehabilitation and other facilities. Such vendors shall be licensed by appropriate local, State and Federal regulatory agencies. Where required, fees are paid by standard agency vouchers based on the prevailing rate at the time of transportation.

(7) Airlines, trains, buses and other carriers. Such vendors shall be licensed by appropriate local, State and Federal regulatory agencies. Where required, fees are paid by standard agency vouchers based on the prevailing rate at the time of transportation.

(8) Private wheelchair accessible vehicles. Vendors in this category shall be licensed by the appropriate local and State governmental agencies (e.g., State Department of Health, Department of Transportation, New York City Taxi and Limousine Commission). Fees shall be negotiated and are subject to approval by the agency.

(9) Diagnostic and treatment specialist (e.g., speech and language therapist, occupational therapist, physical therapist, audiologist or psychologist). All such vendors shall be licensed and/or certified by the appropriate New York State licensing body or by the state in which they practice. Application to provide services by these vendors are subject to approval by the agency. Fees are paid in accordance with the agency's medical fee schedule for practitioners to clinics and hospitals.

(10) Medical practitioners and medical service providers (e.g., physicians, dentists or hospitals). Practitioners and service providers in this category shall be licensed and/or certified by the State of New York or by the state in which they are examining the individual. Fees are paid either directly to the practitioner or to the institution or facility. Hospital rates are subject to State and Federal guidelines.

(11) Vendors of prosthetic devices (e.g., hearing aid dealers, prosthetic or artificial limbs dealers, or wheelchair retailers). To the extent required by the Public Health Law or regulations, all such vendors shall be registered with the New York State Department of Health. Fees for prosthetic appliances are set by the New York State Department of Health.

(12) Interpreter, tutorial and attendant services.

(i) Vendors of interpreter services shall be certified by the National Register of Interpreters for the Deaf. Exceptions may be made where certified interpreters are not available.

(ii) Providers of tutorial services must provide written documentation of their expertise and ability to provide the specific tutorial service required (e.g., academic degree in the specialty area and letters of reference from responsible and knowledgeable sources).

(iii) Attendant services shall be authorized on the basis of the nature of service performed and hours involved and are subject to prior approval by the agency.

(iv) Interpreters for the deaf are paid according to the agency fee schedule which excludes transportation to and from work settings. Tutorial and attendant fees are negotiable.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 247.16

The amended version of this section by New York State Register January 26, 2022/Volume XLIV, Issue 04, eff. 1/26/2022 is not yet available