Section 17-401.1-18 - Diagnosis and treatment of physical and mental impairments(a) Diagnosis and treatment services (physical and mental restoration services) include: (1) Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;(2) Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;(5) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;(7) Prosthetic and orthotic devices;(8) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws;(11) Occupational therapy;(12) Speech or hearing therapy;(13) Mental health services;(14) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment;(15) Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and(16) Other medical or medically related rehabilitation services.(b) Diagnosis and treatment services shall be provided when necessary to correct or modify substantially, within a reasonable period of time, a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment, to enable an eligible individual to prepare for, secure, retain, or regain an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.(c) Diagnosis and treatment services shall be provided in accordance with the definition in subsection (a), and the following: (1) The individual must be eligible for VR services;(2) The services must be provided as part of a planned program of vocational rehabilitation in accordance with the individual's IPE;(3) Choice of physician, dentist, therapist and other service providers, as appropriate to the needs of the eligible individual, shall be governed by the following: (A) The eligible individual's family physician, specialist, or service provider may be used when they meet the division's standards for the service in question and is the choice of the individual or, as appropriate, the individual's representative.(B) Where the eligible individual's service provider of choice is not available, or when the eligible individual does not have a preferred service provider, the individual shall be offered a choice from among those providers who meet the division's standards for the particular services needed, in accordance with sections 17-400.1-10 and 17-401.1-12.(C) Under certain circumstances where examinations and reports by qualified resource persons are difficult to obtain, the division's medical consultant may provide necessary services.(D) Where an eligible individual is or previously was a private patient of the division's medical consultant, such status shall not in any way influence or prejudice the current service to be provided to the individual by the consultant at the division's request.(4) The determination that corrective surgery or therapeutic treatment is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment shall be based on such factors as the expected period of employability after treatment, and the expected effect the treatment will have in substantially improving the individual's employability.(5) The division's medical consultant shall review all authorizations for diagnostic and treatment services.(6) Before or simultaneously with the purchase of diagnostic or treatment services, the division shall authorize such services in writing and shall retain a record of such authorization, in accordance with sections 17-400.1-10 and 17-400.1-11.(7) Diagnosis and treatment services are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1-14.(d) Diagnosis and treatment of acute and transitory conditions not related to a diagnosed disability, such as injuries or illnesses of thirty days duration or less, including but not limited to accidental fractures of a temporary nature, acute appendicitis, and upper respiratory infections, is not allowed. (1) All eligible individuals shall be informed that the division will not pay for diagnosis and treatment of acute and transitory conditions not related to the individual's diagnosed disabilities.(2) All eligible individuals shall be encouraged to apply for medical insurance to address their needs. Referral services shall be provided to assist them in applying for medical insurance, in accordance with section 17-401.1-17.(e) The division administrator shall be responsible for all matters pertaining to fees charged the division for goods and services purchased in the administration of the VR program.Haw. Code R. § 17-401.1-18
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709. 723; 34 C.F.R. 361.50 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 )