Section 1240-08-05-.03 - COMPARABLE SERVICES AND BENEFITS AND SUBROGATION(1) In determining what VR services are provided to an individual and the scope of such services, the VR Program will consider the availability of comparable services or benefits from other sources to pay, in whole or in part, the cost of VR services unless such a determination would interrupt or delay: (a) The progress of the individual toward achieving the employment outcome identified in the IPE;(b) An immediate job placement; or(c) The provision of VR services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.(2) The following VR services are exempt from a determination of comparable services: (a) Evaluation to determine eligibility, rehabilitation needs, or priority for services;(b) Counseling, guidance, and referral services;(c) Vocational and other training, including vocational adjustment training, books, tools, and other training materials not provided in institutions of higher education;(e) Rehabilitation engineering services; and(f) Post-employment services consisting of the services listed in (a) through (e) above.(3) Vocational and other training services in institutions of higher education may not be paid for with funds under this part unless maximum efforts have been made by VR and the individual to secure grant assistance in whole or in part from other sources to pay for the training. Institutions of higher education include universities, colleges, community/junior colleges, vocational schools, technical institutes, or hospital schools of nursing. Comparable benefits include Pell Grants, Supplemental Educational Opportunity Grants, Tennessee Student Assistance Awards, Tennessee post-secondary education scholarships and awards administered by the Tennessee Student Assistance Corporation, and institutional grants, awards or scholarships, including fellowships or other awards. Comparable services and benefits do not include educational awards and scholarships based on merit except when an award or scholarship is earmarked to credit a student's account.(4) Federal and state educational grants awarded to an individual must be used to pay for educational expenses in accordance with appropriate federal, state and institutional guidelines.(5) Comparable services and benefits may also be available for individuals eligible for Medicare or Medicaid (TennCare), Children's Special Services, or private health insurance.(6) If comparable services or benefits are not available to pay for VR services at the time needed, VR may pay for services until those comparable services and benefits become available.(7) If, during the provision of services, comparable services or benefits become available or an individual's circumstances change in such a way as to impact entitlement, VR will determine the extent of entitlement and availability and the effect on payment for the services.(8) When an individual's comparable services or benefits for a service are exhausted, VR may pay for the cost the service.(9) When VR funds are expended on behalf of an eligible individual for goods or services that a third party is or becomes legally obligated to pay in compensation for an accident or injury which caused or contributed to the vocational rehabilitation eligibility, VR may exercise the right of recovery of such funds through subrogation. By accepting or receiving VR funds to pay the cost of goods and services, the individual is deemed to have agreed to and authorized such subrogation.Tenn. Comp. R. & Regs. 1240-08-05-.03
Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Amendments filed October 5, 2017; effective January 3, 2018. Amendments filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 71-1-104, 71-1-105(a)(12), and 71-1-123; 29 U.S.C. §§ 720, et seq.; 34 C.F.R. § 361.53; and Executive Order No.43 (1983).