Section 75-08-01-25 - Comparable services and benefits1. Before providing any vocational rehabilitation service, except those listed in subsection 5, to an eligible individual or to members of the individual's family, the division must determine whether comparable services and benefits exist under any other program and whether the services and benefits are available to the individual.2. If comparable services and benefits do exist and are available to the individual at the time needed to achieve the provisions of the individualized plan for employment, they must be used to meet, in whole or in part, the cost of vocational rehabilitation services.3. If comparable services and benefits do exist but are not available to the individual at the time they are needed, the division shall provide the services until comparable services and benefits become available.4. The use of comparable services and benefits does not apply if such a determination would interrupt or delay: a. The progress of an individual toward achieving the employment outcome identified in the individualized plan for employment;b. An immediate job placement; orc. The provision of vocational rehabilitation services to an individual with disabilities who is at extreme medical risk.5. The following categories of service do not require that comparable services and benefits be used: a. Assessment for determining eligibility and rehabilitation needs;b. Counseling and guidance, including information and support services to assist in exercising informed choice;c. Information and referral;d. Job-related services, including job search, job placement, job retention services, followup, and follow-along services;e. Rehabilitation technology, including telecommunications, sensory, and other rehabilitative technological aids and devices; andf. Postemployment services that would be included under subdivisions a through e.N.D. Admin Code 75-08-01-25
Effective October 1, 1995; amended effective November 1, 2002.Amended by Administrative Rules Supplement 371, January 2019, effective 1/1/2019.General Authority: NDCC 50-06-16, 50-06.1
Law Implemented: NDCC 50-06.1-02