8 AAC 98.700. Order of selection for vocational rehabilitation services

(a) Using the order of selection set out in (b)(1) of this section, the division will select eligible individuals to be provided vocational rehabilitation services, if the director determines, based upon the projected availability of appropriations and personnel resources, and for one or more of the following reasons, that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state who apply for those services:

(1) the division cannot adequately conduct outreach to underserved populations;

(2) the division is unable to make eligibility determinations in a timely manner;

(3) without creation of a wait list, the division cannot assure the development and implementation in a timely manner of individualized plans for employment for eligible individuals as required under 29 U.S.C. 721(a)(9) and 722(b), and as provided for in the state plan for vocational rehabilitation services adopted by reference in 8 AAC 98.010;

(4) without creation of a wait list, the division cannot provide the full range of vocational rehabilitation services to individuals eligible for those services.

(b) If the director makes a determination under (a) of this section that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state who apply for those services,

(1) the division will provide services according to the following order of selection, by category:

(A) first, to individuals with the most significant disabilities;

(B) second, to individuals with significant disabilities;

(2) the director will provide public notice of that determination, at a minimum by publication in a newspaper of general circulation;

(3) in a public notice under (2) of this subsection, the director will state the

(A) the date on which the order of selection will be implemented;

(B) each reason for implementing the order of selection; and

(4) the division will apply the order of selection to all individuals with disabilities in the state who are found eligible for services on or after the implementation date stated in (3)(A) of this subsection; the division will not apply the order of selection to individuals who are found eligible before that date;

(5) the division will maintain a statewide wait list, by category and application date, of eligible individuals whose category within the order of selection is not one for which the division will provide services; and

(6) on and after the implementation date stated in (3)(A) of this subsection, the division will provide each applicant for services with an oral and written explanation of the order of selection process.

(c) On and after the implementation date stated in (3)(A) of this subsection for an order of selection, and upon a determination of eligibility and completion of the certification of eligibility, the division will

(1) determine the category within which the eligible individual is to be classified, and include in the individual's case record the reasons for that classification; if the individual is classified within the category for individuals with the most significant disabilities or for individuals with significant disabilities, the division will clearly describe and quantify, within the case record,

(A) the limitations in functional capacities caused by each of the individual's disabilities;

(B) each condition under which each limitation in a functional capacity occurs; and

(2) place, on the statewide wait list maintained under (b)(5) of this section, an eligible individual whose category is not one for which the division will provide services under the order of selection;

(3) provide written notification to an eligible individual of the category within which that individual is to be classified; if that category is not one for which the division will provide services under the order of selection, the division will include an explanation of the availability of and procedures for administrative review under 8 AAC 98.610; and

(4) provide information and referral services to an eligible individual whose category is not one for which the division will provide services under the order of selection.

(d) After a determination under (c)(1) of this section, if the division obtains additional information relevant to that determination, the division will reassess its information to assure that the determination is accurate.

(e) If appropriations and personnel resources become available to serve individuals placed on the statewide wait list, the division will select individuals from that list first by category within the order of selection, and second in the date order in which applications were received. The division will make two attempts to notify a selected individual in writing and offer to develop an individualized plan for employment. If an individual does not respond to those notifications, the division will close the case record for that individual.

(f) Once a year, the division will contact individuals placed on the statewide wait list and provide them information on their status.

(g) In this section,

(1) "disability" means a physical or mental impairment that constitutes or results in a substantial impediment to employment;

(2) "functional capacity" means a capacity to function in a work environment; "functional capacity" includes

(A) mobility;

(B) communication;

(D) self-direction;

(E) interpersonal skills;

(F) work tolerance; and

(G) work skills;

(3) "individual with a disability" means an individual who

(A) has a physical or mental impairment that, for that individual, constitutes or results in a substantial impediment to employment; and

(B) can benefit in terms of an employment outcome from vocational rehabilitation services;

(4) "individual with a most significant disability" means an individual who has a severe physical or mental impairment that seriously limits three or more functional capacities in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time;

(5) "individual with a significant disability" means an individual who

(A) has a severe physical or mental impairment that seriously limits one or more functional capacities in terms of an employment outcome, and whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; or

(B) is receiving disability benefits under 42 U.S.C. 401 - 433 (Social Security Act) or 42 U.S.C. 1381 - 1385 (Supplemental Social Security Act);

(6) "information and referral services" means vocational rehabilitation information, advice, and guidance to assist individuals in achieving employment; "information and referral services" includes appropriately referring individuals to federal, state, and other programs, including one-stop career centers, that are best suited to meet the individual's specific employment needs;

(7) "multiple vocational rehabilitation services" means two or more primary vocational rehabilitation services;

(8) "primary vocational rehabilitation service" means a vocational rehabilitation service that reduces the impact of a limitation in functional capacity on an employment outcome; "primary vocational rehabilitation service"

(A) includes

(i) physical and mental restoration services;

(ii) training services;

(iii) placement services;

(iv) interpreter services;

(v) recruitment and training in public service;

(vi) occupational licenses, tools, equipment, and initial stocks and supplies;

(vii) rehabilitation technology, telecommunication, sensory, and other technological aids and devices;

(viii) referral services;

(ix) supported employment services; and

(x) services for the blind, including reader services, rehabilitation teaching, and orientation and mobility services; and

(B) does not include

(i) assessments to determine eligibility and vocational rehabilitation needs;

(ii) customary guidance and counseling provided during the management of vocational rehabilitation cases; or

(iii) supportive services that complement the provision of primary vocational rehabilitation services and that are provided while an individual with a disability is receiving primary vocational rehabilitation services; for purposes of this sub-subparagraph, supportive services include transportation, vehicle modifications, maintenance, services to family members, and personal assistance services, on or off the job.

History: Eff. 6/24/2004, Register 170

Authority: AS 23.15.090

AS 23.15.100

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