D.C. Mun. Regs. tit. 29, r. 29-124
Current through Register Vol. 71, No. 43, October 25, 2024
Rule 29-124 - PARTICIPATION IN THE COST OF SERVICES BASED ON FINANCIAL NEED124.1 Each eligible person shall contribute financially to the cost of rehabilitation services that he or she receives, pursuant to the standards set forth in this section.
124.2 In determining the amount that an eligible person shall contribute to the costs of rehabilitation services that he or she receives, the Rehabilitation Services Administration shall consider the financial need of the eligible person through uniform application of a financial need test. The test shall be implemented in accordance with 34 C.F.R. § 361.54(b) and the provisions of this section.
124.3 An eligible person shall participate in the financial need test, unless he or she is exempt pursuant to this section. The financial need test shall be completed at the following times:
(a) At the time the first Individualized Plan for Employment (IPE) or Independent Living Plan (ILP) is developed;(b) Annually when the IPE or ILP is reviewed and/or amended in accordance with section 110 of this chapter and 34 C.F.R. § 361.45(d); and(c) Each time there is a change in an eligible person's financial status.124.4 The following person(s) shall participate in the financial need test to determine the eligible person's contribution toward the cost of rehabilitation services:
(a) The eligible person and the eligible person's spouse; and(b) Any other person who: (1) Claims the eligible person as a dependent for federal tax purposes; or(2) Is required to provide financial information on the eligible person's Free Application for Federal Student Aid, in accordance with Title IV of the Higher Education Act of 1965, as amended.124.5 The following person(s) are exempt from the financial need test and are not required to contribute to the cost of vocational rehabilitation or independent living services:
(a) A ward of the District of Columbia Government committed to the jurisdiction of the Child and Family Services Agency, or its successor agency, pursuant to Section 11 of the Act to establish a Board of Public Welfare in and for the District of Columbia, to determine its functions, and for other purposes, approved March 16, 1926 (44 Stat. 210; D.C. Official Code § 4-114 (2019 Repl.)) and section 301a of the Prevention of Child Abuse and Neglect Act of 1977, effective April 4, 2001 (D.C. Law 13277; D.C. Official Code § 4-1303.01 a (2019 Repl.));(b) A recipient of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI); or(c) A client of the D.C. Department of Human Services, Economic Security Administration (ESA) or its successor agency, who receives ESA-related benefits such as Temporary Cash Assistance for Needy Families (TANF) or benefits under Supplemental Nutrition Assistance Program (SNAP).124.6An eligible person who is required to participate in the cost of services, and any other person required to participate in a financial needs test pursuant to subsection 124.4, in accordance with this section, shall:
(a) Complete the Economic Status Report Form by the Rehabilitation Services Administration annually or as needed to accurately calculate an eligible person's participation in the cost of services;(b) Promptly notify the Rehabilitation Services Administration of any changes in financial status within forty-five (45) days after the change;(c) Participate in the Rehabilitation Services Administration's review of the eligible person's financial status annually and/or as needed to provide an eligible individual services pursuant to the Rehabilitation Act of 1973, as amended (87 Stat. 357, 29 U.S.C. §§ 701 et seq.); and(d) Execute an IPE) or ILP prepared in accordance with this section; and124.7The following vocational rehabilitation and independent living services, as defined in section 199, shall not be subject to the financial need test:
(a) Assessment and related services to determine eligibility, priority for services, and vocational rehabilitation needs;(b) Counseling, guidance, and referral services that the Rehabilitation Services Administration provides;(c) Maintenance when additional costs are incurred as a result of undertaking or participating in assessment services;(d) Transportation when required to enable an eligible person to participate in assessment services (i.e. diagnostic services);(e) Personal assistance services;(f) Job-related services as defined in §199 of this chapter, including job search and placement assistance, job retention services, follow-up services, and follow-along services;(g) Auxiliary aids or services, such as interpreter services or reader services that an eligible person requires in order to participate in the vocational rehabilitation program as authorized under this chapter; and(h) Non-assessment services that are provided to an eligible person with a significant disability during either an exploration of the abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences.124.8 The following vocational rehabilitation services, as defined in section 199, shall be subject to the financial need test:
(a) Physical and mental restoration;(b) Maintenance, except as provided in subsection 124.7(c);(c) Telecommunications, sensory, and other technological aids and devices;(d) Transportation not associated with diagnostic services;(e) Training, including post-secondary education and training under section 122;(f) Occupational licenses;(g) Books and training materials;(h) Tools, equipment, and initial stock;(i) Supplies and other goods and services including services to family members; and(j) Supported employment services.124.9The following independent living services shall be subject to the financial need test:
(a) Physical and mental restoration services;(b) Housing incidental to the provision of independent living rehabilitation services, including appropriate accommodations and modifications of space utilized to serve eligible persons with severe disabilities;(d) Recreational services;(e) Services to family members of eligible persons with severe disabilities if the services are necessary for improving the ability of the eligible person to live and function more independently; and(f) Telecommunication, sensory, and other technological aids and devices.124.10(a) The Rehabilitation Services Administration shall calculate an eligible person's financial contribution toward the cost of vocational rehabilitation or independent living services based upon the following:
(1) The combined wages, salaries, tips, and other income (that is, annual gross income) of the eligible person, his or her spouse, and anyone claiming the eligible person as a dependent for federal income tax purposes in the most recent calendar year, as identified by: (A) The annual adjusted gross income listed on the Internal Revenue Service (IRS) Form 1040, 1040A, or 1040EZ of the eligible person, parent, or guardian, and any relevant schedules, forms, or supplemental documentation or supporting information listed on the IRS Form 1040, 1040A, or 1040EZ;(B) Copies of documents verifying the annual gross income of the eligible person, parent, or guardian, if he or she is ineligible to file a federal tax return pursuant to IRS guidelines, or has otherwise not filed a tax return; or(C) The annual adjusted gross income listed on the D.C. Government Form D-40 or D-40EZ of the eligible person, parent, or guardian, and any relevant schedules, forms, or supplemental documentation or supporting information listed on the Form D-40 or D-40EZ.(2) Information reported on the federal Student Aid Report (SAR) or other grant applications required under section 122 of this chapter, if the consumer is attending a post-secondary institution;(3) The family unit size (defined as the number of dependents claimed for federal tax purposes); and(4) The annually published Poverty Guidelines of the U.S. Department of Health and Human Services. The Rehabilitation Services Administration shall adopt this standard and any updates or revisions to it, so long as this section remains effective.(b) The annual gross income of the person or the person's family unit shall be reduced by the actual cost of unreimbursed medical and dental expenses for the past year and by the actual cost of unreimbursed disability-related expenses (not including the medical and dental expenses). These expenses must be substantiated by documentation.(c) For persons paying court-ordered child support, the family unit size as defined in subsection 124.10(a)(3) shall increase by the number of dependents for which child support is actually being paid. These expenses must be substantiated by documentation, including a copy of the court order requiring payment.(d) A person's expected total financial contribution shall be divided by the number of family dependents receiving services from the Rehabilitation Services Administration.124.12(a) If the eligible person's required financial contribution is equal to or greater than the entire cost of services, he or she will be financially responsible for the entire cost of services that are subject to the financial needs test..(b) Pursuant to 34 C.F.R. § 361.46(a) and section 111 of this chapter, the Rehabilitation Services Administration shall include the cost of the eligible person's financial contribution in the IPE or ILP.(c) In accordance with 34 C.F.R. § 361.45(d), 34 C.F.R. § 364.52(d), and section 110 of this chapter, the Rehabilitation Services Administration shall not pay for vocational rehabilitation or independent living services subject to the financial need test, unless the eligible person and a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration signs and dates the IPE or ILP. Failure to timely execute an IPE or ILP that includes services subject to the financial need test may delay the provision of those services or constitute cause to only provide services under subsection 124.7 (services not subject to financial need) of this chapter.124.13 The Rehabilitation Services Administration shall deny authorization of a specific service to an eligible person, when it has been determined that the consumer's financial participation is required and he or she refuses to participate or fails to do so. Other services that are not subject to the financial need test and do not require the eligible person's financial participation under this section may continue to be authorized if the IPE remains viable without the provision of the service(s) that was denied.
124.14 An eligible person who is receiving services under an IPE or ILP before January 28, 2011, shall continue to be served in accordance with his or her IPE or ILP, and shall not be subject to the financial need test unless:
(a) The vocational goal identified in the IPE, or the independent living goal identified in the ILP, is achieved;(b) The eligible person's record of service is closed pursuant to this chapter; or(c) The person's IPE or ILP is amended, in accordance with section 110 of this chapter and 34 C.F.R. § 361.45(d).D.C. Mun. Regs. tit. 29, r. 29-124
Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 810 (January 28, 2011); Final Rulemaking published at 68 DCR 12929 (12/10/2021) 29 DCMR § 29 -124 is formerly entitled, "Client Participation in the Cost of Services."Authority: The Director of the Department on Disability Services, pursuant to the authority set forth in section 109 of the Department on Disability Services Establishment Act of 2006, effective March 17, 2007 (D.C. Law 16-264, D.C. Official Code § 7-761.09 (2008 Repl.)), and Mayor's Order 2007-68, dated March 20, 2007.