Minn. R. agency 139, ch. 3300, VOCATIONAL REHABILITATION SERVICES, pt. 3300.5060

Current through Register Vol. 49, No. 24, December 9, 2024

Part 3300.5060 - TERMS AND CONDITIONS FOR PROVISION OF VOCATIONAL REHABILITATION SERVICES

Subpart 1.General conditions for provision of vocational rehabilitation services.

A. The agency must provide vocational rehabilitation services only for the following purposes:

(1) to determine whether an individual is eligible for vocational rehabilitation services and the nature and scope of vocational rehabilitation services needed by the individual, as provided by Code of Federal Regulations, title 34, subtitle B, chapter III, sections 361.42 and 361.45(f); and

(2) to assist an eligible individual to achieve an employment goal in accordance with the eligible individual's approved employment plan.

B. The agency must follow applicable state, Department of Employment and Economic Development, and agency purchasing policies and procedures when purchasing goods or services for eligible individuals.

C. The agency must not make payments to reduce legal financial obligations incurred by the eligible individual.

Subp. 1a.Auxiliary aids and services for effective communication.

The agency must provide auxiliary aids and services for effective communication necessary to enable an applicant or eligible individual to access agency services or participate in vocational rehabilitation services under an employment plan, except that the agency must not assume the responsibility of other programs or vendors, such as postsecondary training institutions, community rehabilitation programs, physicians, psychologists, and placement agencies, for providing program and service accessibility under Code of Federal Regulations, title 28, sections 35.149 to 35.164; and 36.301 to 36.310, or the Minnesota Human Rights Act, Minnesota Statutes, chapter 363A, sections 363A.02 and 363A.11 to 363A.13.

Subp. 2.Child care.

A. Before the agency provides child care, the amount of consumer financial participation in the cost of child care must be determined under part 3300.5040.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.

C. The agency must not provide child care unless an eligible individual would be unable to participate in vocational rehabilitation services if child care is not provided. The agency must:

(1) purchase child care services only from providers who are licensed by the Department of Human Services, under chapter 9502 or 9503, or who are exempt from the licensure requirements under part 9502.0325, subpart 3; and

(2) pay for no more than one period of child care of up to three months in duration in any 12-month period.

D. Agency payments for child care must not exceed the rate established by the Department of Human Services under part 3400.0130.

Subp. 3.Computer hardware and software.

A. Before the agency provides computer software or hardware, including modems, printers, and other peripherals, the amount of consumer financial participation in the cost of the items must be determined under part 3300.5040.

C. The agency must not provide computer software or hardware, including modems, printers, and other peripherals, if an eligible individual's needs can be met through alternative means of accessing computers, such as the use of computer laboratories at postsecondary institutions.

D. Before the agency provides computer software or hardware, including modems, printers, and other peripherals, an assessment to determine the eligible individual's needs for computer hardware, software, or modems, printers, and other peripherals must be conducted by a person knowledgeable about computers who is not a vendor of computer equipment, if either the counselor or the eligible individual is uncertain regarding the eligible individual's needs.

E. Any agency provision of computer software or hardware, including modems, printers, and other peripherals, must be made using the information obtained from the assessment under item D.

Subp. 3a.Durable medical equipment.

A. Before the agency provides durable medical equipment, the amount of consumer financial participation in the cost of durable medical equipment must be determined under part 3300.5040.

C. The agency's expenditures for durable medical equipment must not exceed the amount paid by the Minnesota medical assistance program.

Subp. 4. [Repealed, 20 SR 168]

Subp. 5.Maintenance.

A. Before the agency provides maintenance, the amount of consumer financial participation must be determined under part 3300.5040.

C. The agency must not provide maintenance to pay for expenses that the eligible individual would incur whether or not the eligible individual was receiving vocational rehabilitation services.

D. The agency must not pay for maintenance if the provision of maintenance would result in a reduction of payments to the eligible individual by other government assistance programs.

E. Maintenance will be provided only when participation in one or more other vocational rehabilitation services being provided results in added costs.

F. Payments for relocation expenses may be provided only when:

(1) the eligible individual cannot receive needed vocational rehabilitation services without relocation; or

(2) a rehabilitation counselor, in consultation with the eligible individual, has determined that there is a need to relocate, based on available employment and labor market information.

G. Maintenance payments for ongoing monthly living expenses for eligible individuals participating in postsecondary training may be provided only when the eligible individual cannot receive postsecondary training without incurring added living costs and:

(1) the eligible individual is unable to work while participating in postsecondary training because of the eligible individual's physical or mental impairment, as determined based on available medical, psychological, and other diagnostic information;

(2) it is necessary for the eligible individual to leave subsidized housing in order to participate in postsecondary training under an employment plan; or

(3) a rehabilitation counselor, in consultation with the eligible individual, has determined that the eligible individual is unable to find work because the postsecondary training program is 16 weeks or less in duration.

H. When added costs are due to loss of subsidized housing:

(1) the eligible individual must reapply for subsidized housing if available in the new location; and

(2) maintenance for ongoing monthly living expenses shall be discontinued when new subsidized housing is offered or the eligible individual's employment plan terminates.

I. Maintenance payments for ongoing monthly living expenses for eligible individuals not participating in postsecondary training may be provided only during a period of temporary relocation necessary to participate in other vocational rehabilitation services under an employment plan while a primary residence is maintained by the eligible individual or the eligible individual's family.

J. Except as provided in item K, agency maintenance payments for ongoing monthly living expenses must not exceed the lesser of:

(1) the amount necessary to pay for the added costs resulting from the provision of one or more other vocational rehabilitation services; or

(2) a monthly amount equal to the average, rounded to the nearest $10, of the monthly payment for the Minnesota general assistance program as provided by Minnesota Statutes, chapter 256D, and the monthly federal benefit amount for the Social Security Supplemental Security Income program as provided by Code of Federal Regulations, title 20, chapter III, subpart D, section 416.410.

K. For eligible individuals receiving maintenance under item I, agency maintenance payments in any 12-month period must not exceed the lesser of:

(1) the amount necessary to pay for the added costs resulting from the provision of one or more other vocational rehabilitation services; or

(2) 12 times the amount determined under item J, subitem (2).

Subp. 6. [Repealed, 20 SR 168]

Subp. 7.Personal assistance services.

A. The agency must not provide personal assistance services unless an eligible individual is receiving one or more other vocational rehabilitation services.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.

C. The agency must purchase personal assistance services only from a personal care assistant who meets the requirements established by the Department of Human Services.

D. After an eligible individual is hired for a job that meets the eligible individual's employment goal, the agency must not provide personal assistance services for a period exceeding 90 consecutive calendar days from the eligible individual's first day of employment.

E. Agency payments for personal assistance services must be made at the lesser of the provider's submitted charges or the maximum rate established by Minnesota Statutes, section 256B.851, as adjusted by the Consumer Price Index for urban consumers as published by the Bureau of Labor Statistics, United States Department of Labor and is incorporated by reference. It is subject to frequent change and is available from the Minitex interlibrary loan system.

F. The agency must not provide personal assistance services if the provision of the services would result in a reduction in benefits or services from other government or private programs.

G. The agency must provide eligible individuals with training in managing, supervising, and directing personal assistance services when the eligible individual and a rehabilitation counselor jointly determine that the training is necessary.

Subp. 7a.Physical and mental restoration services.

A. Before the agency provides physical and mental restoration services, the amount of eligible consumer financial participation in the cost of physical and mental restoration services must be determined under part 3300.5040.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items C and D, except that a search for comparable benefits is not required if the search would delay the provision of medical services to an eligible individual at extreme medical risk, or if the search would cause the eligible individual to lose an immediate job placement.

C. The agency must not pay for recurring, ongoing physical or mental restoration services that an eligible individual would require regardless of participation in an employment plan, such as group or individual psychotherapy, prescription drugs, or physical therapy.

D. Eligible individuals may select:

(1) any licensed physician to perform physical restoration services;

(2) any licensed dentist to perform dental restoration services;

(3) any qualified professional to provide mental health services, for example, a licensed clinical social worker, licensed psychologist, registered psychiatric nurse, or traditional American Indian healer; and

(4) for the provision of prosthetics and orthotics:

(a) any practitioner of prosthetics or orthotics who is certified by the American Board for Certification (ABC) in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification (BOC); or a graduate of a program accredited by the National Commission on Orthotic and Prosthetic Education (NCOPE) and the Commissioner on Accreditation of Allied Health Education Programs (CAAHEP) who is working under the supervision of a certified practitioner;

(b) any physical therapist licensed by the Minnesota State Board of Physical Therapy or the equivalent body in another state;

(c) any occupational therapist licensed by the Minnesota Department of Health or the equivalent body in another state; or

(d) any podiatrist licensed by the Minnesota Board of Podiatric Medicine or the equivalent body in another state.

Subp. 8. [Repealed, 20 SR 168]

Subp. 9.Rehabilitation technology.

A. Before the agency provides rehabilitation technology, the amount of consumer financial participation in the cost of rehabilitation technology must be determined under part 3300.5040, except that items that are also auxiliary aids and services for effective communication are not subject to consumer financial participation.

B. Before the agency purchases rehabilitation technology, if either a rehabilitation counselor or the eligible individual is uncertain regarding the eligible individual's needs, an assessment to determine the eligible individual's needs for rehabilitation technology must be conducted by a knowledgeable person.

C. Agency purchases of vehicle adaptations must be made as follows:

(1) before the agency purchases vehicle adaptations for an eligible individual that has not previously driven an adapted vehicle, or when the individual's physical or cognitive conditions have changed since the individual last drove an adapted vehicle, a predriving evaluation is required. Predriving evaluations must be conducted by an occupational therapist or physical therapist. The therapist must have experience and training in the area of driver's assessment or have a minimum of one year full-time experience in the evaluation and treatment of adults with cognitive and physical limitations;

(2) before the agency purchases vehicle adaptations, an evaluation of the eligible individual's needs must be conducted by a qualified driver specialist who meets the qualifications necessary to apply for ADED certification, the certification of the Association for Driver Rehabilitation Specialists, or similar organization, who is not a vendor of vehicle adaptations;

(3) any vehicle adaptations purchased by the agency must be consistent with the findings of the evaluation in subitem (2);

(4) the agency must only purchase vehicle adaptations for a vehicle that is owned by the eligible individual;

(5) the agency will contribute no more than the amount necessary for the least costly vehicle adaptations that will facilitate the mechanical ability to operate the vehicle. Least costly will be determined by an evaluation by a qualified driver specialist who meets the qualifications necessary to apply for ADED certification, the certification of the Association for Driver Rehabilitation Specialists, or similar organization and by obtaining bids through the state Department of Administration Materials Management Division;

(6) the agency must consider the availability of transportation provided by a public entity, including paratransit, in determining whether to provide vehicle adaptations. If transportation provided by a public entity, including paratransit, will allow the eligible individual to achieve the individual's employment goal, the agency must not provide vehicle adaptations; and

(7) the agency must only purchase vehicle adaptations that have not been previously owned, except that the agency may purchase used vehicle adaptive equipment if the following conditions are met:

(a) the used equipment must be evaluated for its operational reliability by a person knowledgeable in adapting vehicles for persons with disabilities who is not the vendor selling the used equipment or a person employed by that vendor, and a copy of the evaluation must be submitted to the agency;

(b) the used equipment meets the eligible individual's needs as identified in subitem (2);

(c) the cost of the used equipment, including the cost of removing the used equipment from the vehicle in which it is currently installed and installing it in the vehicle being adapted, is less than the cost of purchasing and installing new equipment;

(d) the vendor of the used equipment must provide the agency and the eligible individual with a written warranty in which the vendor of the used equipment agrees to pay the costs of parts and labor necessary to repair or replace the used equipment if the used equipment malfunctions or is found to be defective for a period of at least six months after installation in the eligible individual's vehicle; and

(e) the purchase of the used equipment must comply with the applicable bidding and purchasing requirements of the Department of Administration, Materials Management Division; and

(8) the agency must only purchase vehicle adaptations from vendors that agree to adhere to the guidelines of the National Mobility Equipment Dealers Association (NMEDA).

(9) if a vehicle will be structurally adapted so that the eligible individual can independently drive the vehicle, before the agency purchases vehicle adaptations, the eligible individual must:

(a) successfully complete any training recommended by the qualified driver specialist in subitem (2) using a vehicle equipped with the recommended modifications. Training must be provided by an instructor meeting the requirements of the Department of Public Safety; and

(b) have a valid driver's license. If the license was obtained prior to the onset of disability, the eligible individual must retake and pass the road test required for a Minnesota driver's license.

Subp. 10. [Repealed, 20 SR 168]

Subp. 11.Small business enterprises.

A. Before the agency makes purchases to establish or stabilize a small business enterprise, the amount of consumer financial participation in the costs must be determined under part 3300.5040.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.

C. Agency assistance in the establishment or stabilization of a small business enterprise is for the purchase of:

(1) occupational licenses;

(2) tools and equipment;

(3) initial stocks and supplies;

(4) other items that are identified on a business plan approved by the agency that are necessary for the start-up or stabilization of the small business enterprise;

(5) technical assistance and other consultation services to conduct market analyses and develop business plans; and

(6) other resources, to the extent such resources are authorized to be provided through the statewide workforce investment system, authorized under the Work Force Investment Act of 1998, to eligible individuals who are establishing a small business enterprise.

D. Before the agency makes purchases to assist an eligible individual to establish or stabilize a small business enterprise, the eligible individual must develop and submit to the eligible individual's rehabilitation counselor a proposed business plan for review that includes:

(1) a description of the business, including the product and/or service, the type of legal entity for the business, location, and hours of the business;

(2) financial data, including sources of funding, capital equipment list, balance sheet, break even analysis, net and gross income projections, and cash flow projections;

(3) a market analysis, including business competition and a marketing plan;

(4) a description of the technical and management expertise of the person or persons expected to manage and operate the business;

(5) zoning, licensing, taxation, and insurance requirements;

(6) an implementation schedule, including initial start-up costs, or a stabilization schedule including stabilization costs; and

(7) a projection of possible risks and problems along with proposed strategies for addressing them.

E. Proposed business plans must be considered as follows:

(1) For total projected expenditures that are equal to or less than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration, the agency may provide assistance only after the agency's small business development specialist has reviewed the business plan and found it to be complete, conducted a risk assessment of the business plan, and found the proposed business to be viable.

(2) For total projected expenditures that are greater than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration, the agency may provide assistance only after a state or nationally chartered lending institution or a micro-lender has reviewed the business plan and found it to be complete, conducted a risk assessment of the business plan, and found the proposed business to be viable. The lending institution or micro-lender completing the review must be separate from anyone assisting the eligible individual with the development of the business plan.

F. Total agency expenditures for the stabilization or establishment of a small business enterprise for items C, subitems (1) to (4), and J, must not exceed the lesser of:

(1) the actual amount necessary to establish or stabilize a small business enterprise; or

(2) an amount calculated annually by applying the percentage of increase, if any, in the Consumer Price Index, published by the United States Department of Labor, Bureau of Labor Statistics, to the total agency expenditure allowed for the previous year, where 1994 was the base year, rounded to the nearest hundred dollars.

G. The agency must not pay costs associated with the ongoing operation of a business.

H. The agency must not pay any costs of bankruptcy proceedings or costs due to the bankruptcy of an eligible individual's small business enterprise.

I. A vehicle may be provided for a small business enterprise only when it is an integral part of the business and the business cannot be run without it.

J. The cost of a vehicle, if any, must be included in the total agency expenditures under item F.

Subp. 12.Transportation services.

A. Before the agency provides transportation services, the amount of consumer financial participation in the cost of transportation services must be determined under part 3300.5040.

C. The agency must not provide transportation services unless an eligible individual is receiving one or more other vocational rehabilitation services.

D. The agency must not purchase, lease, or otherwise obtain, maintain, or insure vehicles for applicants or eligible individuals except according to subpart 11, item I.

E. If transportation provided by a public entity, including paratransit, is available and used by the eligible individual, agency payments for transportation must not exceed the actual cost of the transportation. When the public entity has more than one cost level that will meet the transportation needs of the eligible individual, the agency payments must not exceed the lowest cost level.

F. If transportation that will meet the needs of the eligible individual is available from a public entity, including paratransit, but the eligible individual chooses alternate transportation, agency payments for transportation must not exceed the lesser of the lowest cost level of transportation provided by a public entity or the cost of gasoline as determined in item G.

G. When transportation provided by a public entity, including paratransit, is unavailable and the eligible individual is being transported by personal vehicle, the agency's payments must not exceed the costs of gasoline and parking plus the cost of a driver if required. The agency's payments for gasoline costs must be determined by multiplying the mileage rate by the actual miles driven. The agency's payments for a driver must be determined by the usual and customary rate for the area.

H. The agency must limit transportation payments in support of postsecondary training to the amount that would apply if the eligible individual attended the Minnesota public institution closest to the eligible individual's residence which offers the broad field of study required by the employment plan.

I. When transportation provided by a public entity, including paratransit, and transportation by personal vehicle are unavailable, agency payments must not exceed the actual cost of the available transportation.

J. Agency purchases of vehicle repairs must be made as follows:

(1) repair to a vehicle owned by an eligible individual must not be provided unless an eligible individual would be unable to participate in vocational rehabilitation services if vehicle repair is not provided. The agency may provide vehicle repair only if no other means of transportation, such as public transportation, including paratransit, is available and the repair is necessary for the safe and legal operation of the vehicle;

(2) the agency must not provide assistance with routine vehicle maintenance;

(3) agency payments for vehicle repairs must not exceed $1,000 for an eligible individual in a 12-month period; and

(4) the agency will only pay for repairs when the vehicle is owned by the eligible individual.

Subp. 12a.Postsecondary training books, supplies, and tools and equipment.

A. Before the agency provides books, supplies, and tools and equipment for postsecondary training, the amount of consumer financial participation in the cost of those services must be determined under part 3300.5040.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items A, B, and D.

C. Agency payments under this subpart shall only be for the cost of books, supplies, and tools and equipment required of all students in the postsecondary training program.

D. The agency shall consider any gift aid or institutional aid in excess of tuition and fees as a comparable benefit when determining the amount the agency will pay for required books, supplies, tools and equipment, transportation, and maintenance.

Subp. 13.Postsecondary training tuition and mandatory fees.

A. Before the agency provides tuition and mandatory fees for postsecondary training, the amount of consumer financial participation in the cost of those services must be determined under part 3300.5040.

B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items A, B, and D.

C. The estimated cost of tuition and mandatory fees for the eligible individual's postsecondary training program must be determined annually, based on information from the postsecondary training institution. The estimated cost of tuition and mandatory fees for the eligible individual's postsecondary training during the regular academic year and the estimated costs of tuition and mandatory fees for the eligible individual's summer school postsecondary training must be determined separately, based on information from the postsecondary training institution.

D. The tuition fee schedule for an eligible individual who will attend fewer than three quarters or two semesters during the regular academic year must be prorated based on the number of quarters or semesters which the eligible individual will attend. The summer school tuition fee schedule must be prorated based on the number of summer school sessions which the eligible individual will attend if the eligible individual is attending a postsecondary institution where there are two summer school sessions.

E. The tuition fee schedule for an eligible individual enrolled in a postsecondary training program less than full time must be prorated in accordance with the specific program standards for full-time or part-time status.

F. If the undergraduate broad field of study required by the eligible individual's employment plan is not available at a Minnesota public postsecondary institution, the agency must not apply the tuition fee schedule in determining the amount of agency payments for tuition and mandatory fees.

G. The amount of gift aid or institutional aid available to the eligible individual to pay for the costs of postsecondary training must be determined annually, based on information obtained from the postsecondary training institution. The amount of gift aid or institutional aid available to the eligible individual to pay for the costs of the regular academic year must be determined separately from the amount of gift aid or institutional aid available to the eligible individual to pay for the costs of summer school, based on information obtained from the postsecondary training institution.

H. When the amount of gift aid or institutional aid equals or exceeds the cost of tuition and mandatory fees, the agency shall not pay any of the costs of tuition and mandatory fees.

I. The amount, if any, the agency will pay for the cost of tuition and mandatory fees is determined by:

(1) subtracting institutional aid from the actual cost of tuition and mandatory fees;

(2) subtracting gift aid from the remaining tuition and mandatory fees or the tuition fee schedule, if applicable, whichever is less; and

(3) subtracting consumer financial participation from the balance.

J. Regardless of the provisions in items A to I and subpart 12a, the agency must make payments for tuition and mandatory fees, and for books, supplies, and tools and equipment for postsecondary training only to the extent that the agency payments do not reduce the amount of gift aid or institutional aid available to the eligible individual.

K. The agency does not require an eligible individual to accept self-help aid. The eligible individual has the right to accept or reject a postsecondary training institution's offer of self-help aid. When the agency assistance results in a reduction of eligibility for self-help aid from a postsecondary training institution, the eligible individual may choose whether to accept the agency assistance in full or in part, or to accept the self-help aid.

L. The agency must only fund training at schools and/or programs that are licensed, registered, or exempt from licensing or registration requirements by, as appropriate:

(1) the Minnesota Office of Higher Education;

(2) the Minnesota Board of Barbers and Cosmetology Examiners;

(3) the Minnesota Department of Public Safety;

(4) the Minnesota Department of Transportation;

(5) the Minnesota Department of Commerce; or

(6) if the eligible individual is attending a postsecondary training program that is not in Minnesota, an equivalent agency in the state where the school is located.

Subp. 14.Job related services.

Payments for job related services may be made only to:

A. CARF accredited providers;

B. providers that are in the process of applying for CARF accreditation;

C. non-CARF accredited providers with whom the agency has signed a limited-use vendor operating agreement specifying the maximum dollar amount the provider may receive annually; or

D. any vendor when the total annual dollar amount to be authorized is less than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration.

Subp. 15.Vocational adjustment training.

A. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.

B. Payments for vocational adjustment training may be made only to:

(1) CARF accredited providers;

(2) providers that are in the process of applying for CARF accreditation;

(3) non-CARF accredited providers with whom the agency has signed a limited-use vendor operating agreement specifying the maximum dollar amount the provider may receive annually; or

(4) any vendor when the total annual dollar amount to be authorized is less than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration.

Subp. 16.Vocational evaluation services.

Payments for vocational evaluation services may be made only to:

A. CARF accredited providers;

B. providers that are in the process of applying for CARF accreditation;

C. non-CARF accredited providers with whom the agency has signed a limited-use vendor operating agreement specifying the maximum dollar amount the provider may receive annually;

E. an evaluation center at a postsecondary institution in the Minnesota State Colleges and Universities system; or

F. an employer who has not hired the eligible individual.

Minn. R. agency 139, ch. 3300, VOCATIONAL REHABILITATION SERVICES, pt. 3300.5060

18 SR 2248; L 1994 c 483 s 1; 20 SR 168; 21 SR 1779; L 2005 c 112 art 2 s 41; 30 SR 1129; 34 SR 901

48 SR 486

Statutory Authority: MS s 116J.035; 268.021; 268A.03