7 Colo. Code Regs. § 1105-1-9.108
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1105-1-9.108 - UTILIZATION OF REHABILITATION FUNDS9.108.1Expenditure of Rehabilitation Funds [Rev. eff. 9/30/2019]A. Payment for Services Necessary and appropriate services provided to applicants and eligible individuals shall be procured at the least possible cost to the Division of Vocational Rehabilitation (DVR). All services and goods shall be authorized prior to, or at the initiation of, the delivery of the service or good unless the service record documents that prior written authorization is not possible. All goods shall be procured in compliance with state purchasing procedures.
B. Estimation of Costs All completed Individualized Plans for Employment (IPE) shall contain estimates of anticipated agency costs and contributions for goods and services listed.
C. Regardless of the vocation chosen, DVR excludes supporting a business that does not comply with all relevant state, federal, and local laws and regulations.D. Fee Schedule Services must be authorized and payments approved in accordance with current agency fee schedules. Fees exceeding the established maximum may be authorized and paid only when the specific service is not available at the established rate or when the service available at the established rate is not adequate to meet the individual's rehabilitation needs.
E. Provider Standards Vocational goods and services are purchased only from providers who meet minimum standards and possess sufficient knowledge of disability and disability-related barriers to effectively meet the needs of recipients of DVR services. Minimum standards are identified in DVR's fee schedule.
1. DVR shall take reasonable steps to ensure the safety of recipients of services and safeguard individuals from abuse or exploitation while participating in the VR program and interacting with providers of services purchased by DVR. DVR shall establish and maintain policies and procedures specifying the manner in which criminal background checks will be utilized prior to registering providers or approving contracts which will require direct contact with recipients of services or access to confidential information.2. Additional training and certification requirements apply to Supported Employment service providers. a. Supported Employment service providers shall possess either a nationally recognized Supported Employment certification (Certification) approved by the Department of Health Care Policy and Financing (HCPF) and DVR or complete a nationally recognized training certificate (Training Certificate) approved by HCPF and DVR. Approved Certifications and Training Certificates shall align with the following core competencies: i. Core values and principles of Supported Employment. These include the priority of employment for all working-age persons with disabilities, and the belief that all people are capable of full participation in employment and community life. These values and principles are essential to successfully providing Supported Employment services.ii. Person-centered process. The process identifies the strengths, preferences, needs (clinical and support), and desired outcomes of the individual and individually identified goals and preferences related to relationships, community participation, employment, income and savings, healthcare and wellness, and education. The Person-centered approach includes working with a team where the individual chooses the people involved on the team and receives necessary information and support to ensure he or she is able to direct the process to the maximum extent possible; effective communication; and appropriate assessment.iii. Individualized career assessment and planning. This process is used to determine the individual's strengths, needs, and interests to support career exploration and leads to effective career planning, including the consideration of necessary accommodations and benefits planning.iv. Individualized job development. Identifying and creating individualized competitive integrated employment opportunities for individuals with significant disabilities, which meet the needs of both the employer and the individual. This competency includes negotiation of necessary disability accommodations.v. Individualized job coaching. Providing necessary workplace supports to individuals with significant disabilities to ensure success in competitive integrated employment and resulting in a reduction in the need for paid workplace supports over time.b. Supported Employment service providers employed by a provider agency or registered as a vendor with DVR on or before July 1, 2019, shall obtain Certification or a Training Certificate no later than July 1, 2024.c. Supported Employment service providers hired by a provider agency or registered as a vendor with DVR after July 1, 2024, shall obtain Certification or a Training Certificate within two years of employment. i. Beginning July 1, 2024, Supported Employment service providers who are not fully qualified shall receive supervision from a Supported Employment service provider who is fully qualified (Supervisor) until he or she becomes fully qualified.ii. Supervision shall include, at a minimum, one-on-one meetings (in person or virtually) between the Supported Employment service provider and the Supervisor at least twice each month, and onsite job shadowing at least twice each year (12 month period of time).d. Supported Employment service providers obtaining Certification and/or Training Certificate shall be eligible to receive reimbursement for the training and/or Certification costs, as applicable. Reimbursement is limited to $300 per Certification and $1,200 per Training Certificate. Reimbursement amounts are inclusive of all associated costs, such as registration fees, travel, and wages. i. Supported Employment service providers seeking reimbursement for Training Certificate and/or Certification costs shall obtain pre-approval and request reimbursement from HCPF in accordance with 10 CCR 25.5-10 §8.500.14.H. F. Payment for Transportation Transportation is provided to an individual if necessary to participate in DVR services. Public transportation is encouraged unless the individual's impairment-related limitations prevent use of public transportation. If the individual chooses to use their own vehicle when public transportation is available and accessible, reimbursement for mileage may be provided up to the cost of public transportation.
To receive reimbursement, the individual or the individual's driver shall have a valid driver's license, possess an active insurance policy to drive the automobile, and use an automobile that is appropriately licensed and registered. Appropriate documentation shall be provided to DVR to support the reimbursement is related to services necessary for eligibility determination or in connection with the provision of services.
G. State Property Goods purchased for use by an eligible individual in a training program, trade, or business remain the property of the State of Colorado until successful closure from DVR occurs. DVR may choose to recover purchased equipment per established policy and/or procedure.
9.108.2Applicant or Eligible Individual Financial Participation [Rev. eff. 3/17/17]Payment for most services or goods for individuals other than SSI/SSDI recipients is based upon the economic need of the individual and the finances of the family unit. DVR shall conduct a determination of the individual's economic need prior to the preparation and approval of an Individualized Plan for Employment or a Business Exploration Agreement whenever the plan contains a vocational rehabilitation service that is not specifically exempted from financial participation. An individual who receives Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) is exempt from the determination of economic need and from participating financially in their rehabilitation plan.
A. Re-determinations of the individual's economic need shall be conducted within forty-five (45) days of a change to the individual's financial circumstances.B. All economic need determinations shall be documented and require an individual's proof of financial status. Documentation accepted as proof of financial status shall be defined in writing by DVR. The applicant or eligible individual shall provide proof of financial status unless the service record documents that there is no proof of financial status available and/or it cannot be obtained. If proof of financial status cannot be obtained, the statement of the applicant or eligible individual and/or member of his/her family shall establish data used to complete economic need determinations.C. The family unit consists of the applicant or eligible individual, the spouse of the individual, and any other persons whom the individual claims as a dependent for income tax purposes. When the individual is dependent upon their parents, the parents and persons for whom the parents are financially responsible shall be considered part of the family unit. An individual who is living with his/her parents is considered a dependent unless the parents have not claimed the individual as a dependent for income tax purposes for the tax year previous to the financial need determination and do not intend to claim the individual as a dependent in current and future years. Exceptions to the family unit may occur if the service record documents a clear indication that the individual is not receiving financial support from the family unit. When this occurs, he/she may be considered his/her own family unit regardless of dependent status for income tax purposes.
D. The financial need analysis shall determine economic need and consider income and net resources as well as the allowable monthly deductions of the entire family unit. Standardized allowances for normal living costs are determined by the size of the family unit.E. Financial participation of the individual or completion of a financial need analysis is not required for the following vocational rehabilitation services: 1. Diagnostic and related assessment services that are required to determine eligibility and vocational rehabilitation needs, including transportation necessary to obtain the assessment.2. Vocational rehabilitation counseling and guidance;4. Professional fees to providers of vocational adjustment and personal adjustment training, independent living skills training, job coaching, on-the-job training, job seeking skills training, training in the use of rehabilitation technology, and business consultation services provided through a Business Exploration Agreement;5. Interpreter services and note-taking services for individuals who are deaf;6. Reader services and note-taking services for individuals who are blind;7. Personal assistance services;8. Auxiliary aids needed for an individual with a disability to participate in the vocational rehabilitation program;10. Occupational goods & services;11. Self-Employment goods & services;12. Any service or good furnished to an individual for whom the DVR counselor has evidence of current eligibility for SSI and/or SSDI benefits for disability or blindness; and13. Pre-employment transition services.40 CR 04, February 25, 2017, effective 3/17/201741 CR 05, March 10, 2018, effective 3/30/201842 CR 03, February 10, 2019, effective 3/2/201942 CR 17, September 10, 2019, effective 9/30/201943 CR 02, January 25, 2020, effective 3/1/202045 CR 21, November 10, 2022, effective 11/30/2022