Section 17-400.1-12 - Interagency cooperation and collaboration(a) The division, in consultation with other appropriate agencies, and with the Governor's assurance, if necessary, will effect an interagency agreement or other mechanism for interagency coordination between the division and any appropriate public entity, including the State entity responsible for administering the State medicaid program, a public institution of higher education, and a component of the statewide workforce investment system, to ensure the provision of vocational rehabilitation services described in section 17-401.1-6 other than those services exempted in section 17-401.1-13(b), that are included in the IPE of an eligible individual, including the provision of such VR services during any pendency of any interagency dispute described in paragraph (2)(C). (1) The above requirements of paragraph (a) may be met through: (A) A State statute or regulation;(B) A signed agreement between the respective officials of the public entities that clearly identifies the responsibilities of each public entity for the provision of the services; or(C) Another appropriate mechanism as determined by the division.(2) The interagency agreement or other mechanism for interagency coordination must include the following: (A) An identification or description of a method for defining the financial responsibility of the public entity for providing the VR services other than those exempted in section 17-401.1-13(b), and a provision stating the financial responsibility of the public entity for providing those services.(B) Information specifying the conditions, terms, and procedures under which the division must be reimbursed by the other public entities for providing VR services based on the terms of the agreement or other mechanism.(C) Information specifying procedures for resolving interagency disputes under the agreement or other mechanism, including procedures under which the division may initiate proceedings to secure reimbursement from other public entities or otherwise implement the provisions of the agreement or mechanism.(D) Information specifying policies and procedures for public entities to determine and identify interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of VR services other than those exempted in section 17-401.1-13(b).(b) If a public entity, other than the division, is obligated under Federal law (such as the Americans with Disabilities Act, section 504 of the Act, or section 188 of the Workforce Investment Act) or State law, or assigned responsibility under State policy or an interagency agreement established under this subsection, to provide or pay for any services considered to be VR services (e.g., interpreter services under section 17-401.1-24), other than those exempted in section 17-401.1-13(b): (1) The public entity must fulfill that obligation or responsibility through: (A) The terms of the interagency agreement or other requirements of this section;(B) Providing or paying for the service directly or by contract; or(2) If the public entity fails to provide or pay for VR services for an eligible individual as established under this subsection, the division must provide or pay for those services to the individual and may claim reimbursement for the services from the public entity that failed to provide or pay for those services. The public entity must reimburse the division pursuant to the terms of the interagency agreement or other mechanism in accordance with the procedures established in the agreement or other mechanism pursuant to paragraph (a)(2)(C).Haw. Code R. § 17-400.1-12
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-7; 29 U.S.C. §721; 34 C.F.R. §361.53(d) and (e)) (Imp: HRS §§ 347-4, 348-7; 29 U.S.C. §721; 34 C.F.R. §361.53(d) and (e) )