N.D. Admin. Code 75-08-01-29

Current through Supplement No. 394, October, 2024

Section 75-08-01-29 - Vocational rehabilitation services necessary to enable the individual to achieve an employment outcome

Consistent with the individualized plan for employment, the division may provide, as appropriate to the vocational rehabilitation needs of each eligible individual, goods or services necessary to enable the individual to achieve an employment outcome. Services include:

1. An assessment for determining eligibility and vocational rehabilitation needs;

2. Counseling, guidance, and work-related placement services for an individual with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services, and followup;

3. Physical and mental restoration services necessary to correct or modify the physical or mental condition of an individual who is stable or slowly progressive. In the purchase of medical goods or services, the division shall comply with the prevailing medical assistance fee schedule, except for certain diagnostic services that Medicaid excludes;

4. Home modifications that may include those adaptive devices and minor structural changes necessary for the individual with disabilities to function independently in order to achieve a vocational goal. Funds for home modifications may not be applied to the purchase or construction of a new residence;

5. Vocational and other training services, including:

a. Personal and vocational adjustment training;

b. Correspondence courses; and

c. Services to the individual's family that are necessary to the personal and vocational adjustment or rehabilitation of the individual;

6. Except in institutions of higher education, where comparable benefits, including services for students with disabilities must be used, the division may provide:

a. Interpreter services and note-taking services for an individual who is deaf, including tactile interpreting for an individual who is deaf and blind;

b. Reader services, rehabilitation teaching services, note-taking services, and orientation and mobility services; and

c. Telecommunications, sensory, and other technological aids and devices;

7. Recruitment and training services to provide new employment opportunities in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate public service employment;

8. Occupational licenses, tools, equipment, initial stocks, and supplies necessary in order to enter an occupation, except that the division shall not purchase land or buildings for an individual with disabilities;

9. Time-limited, ongoing support services for an individual receiving supported employment services, including:

a. Diagnostic services necessary to determine the individual's rehabilitation needs for supported employment that are supplemental to the assessment for eligibility used to determine vocational rehabilitation eligibility, and are provided only after vocational rehabilitation eligibility has been determined. The purpose of supplemental evaluations is to help develop, finalize, or reassess a supported employment plan of services;

b. Job development and placement services; and

c. Other time-limited services necessary to support the individual in employment. The maximum time period for time-limited services is twenty-four months, unless the individualized plan for employment indicates that more than twenty-four months of services are necessary in order for the individual to achieve job stability prior to transition to extended services. Time-limited services include:

(1) Intensive on-the-job skills training and other training and support services necessary to achieve and maintain job stability;

(2) Followup services with employers, supported employees, parents and guardians, and others for the purpose of supporting and stabilizing the job placement;

(3) Discrete postemployment services, following transition to extended services, which are not available from the extended service provider and which are needed to maintain job placement; and

(4) Other needed services listed in this subsection;

10. Postemployment services for an individual with disabilities who is employed but requires one or more services to assist with maintaining or advancing in suitable employment. An individual requiring multiple services over an extended period of time and a comprehensive or complex rehabilitation plan is not eligible for postemployment services, but may be encouraged to reapply. Postemployment services may:

a. Include counseling and guidance services to assist an individual to advance in employment; and

b. Require an amendment to the individualized plan for employment;

11. Assistive technology services to meet the needs and address the barriers confronted by an individual with disabilities in the areas of education, rehabilitation, employment, and transportation. The division shall provide assistive technology services at any time in the rehabilitation process, including the assessment for determining eligibility and vocational rehabilitation needs, trial work experiences, services provided under an individualized plan for employment, annual reviews of ineligibility decisions, annual reviews of extended employment in rehabilitation facilities, and postemployment services;

12. Transition services that promote or facilitate the accomplishment of long-term rehabilitation goals and objectives;

13. Other supportive services, including:

a. Maintenance for additional costs incurred while participating in rehabilitation;

b. Transportation, including travel and related expenses in connection with transporting an individual and an individual's attendants for the purpose of supporting and deriving the full benefit of other vocational rehabilitation services, with the following restrictions:

(1) Reimbursement cannot exceed the state rate level;

(2) Transportation may include relocation, moving expenses, and vehicle modifications only when the individual is otherwise precluded from achieving a vocational goal;

(3) Reimbursement must be provided at the prevailing rate for the service; and

(4) The division shall not contribute to the purchase of a vehicle; and

c. On-the-job or other related personal assistance services provided while an individual with disabilities is receiving vocational rehabilitation services; and

14. Other vocational rehabilitation goods and services that an individual with disabilities is reasonably expected to benefit from in terms of an employment outcome.

N.D. Admin Code 75-08-01-29

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, 50-06.1-06