24 Miss. Code. R. 2-27.6

Current through December 10, 2024
Rule 24-2-27.6 - Supported Employment for IDD
A. Before a person enrolled in the ID/DD Waiver or the IDD Community Support Program can receive Supported Employment services, the person must first be referred by the Support Coordinator/Targeted Case Manager to the Mississippi Department of Rehabilitation Services to determine eligibility for services from that agency provider. The Support Coordinator or Targeted Case Manager must maintain documentation in the record of each person receiving Supported Employment Services that verifies the service is not available under an agency provider funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act.
B. Employment must be in an integrated work setting in the general workforce where a person is compensated at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by people without disabilities.
C. Agency providers must work to reduce the number of hours of employee involvement as the person becomes more productive and less dependent on paid supports. This decision is based on a personalized basis based on the job. The amount of support is decided with the person and all employees involved as well as the employer, the Mississippi Department of Rehabilitation Services, and the person's team.
D. Supported Employment Services are provided in a work location where people without disabilities are employed; therefore, payment is made only for adaptations, supervision, and training required by people receiving IDD services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting.
E. Other workplace supports may include services not specifically related to job skills training that enable the person to be successful integrating into the job setting (e.g., appropriate attire, social skills, etc.).
F. Each person must have an Activity Support Plan that is developed based on their Plan of Services and Supports.
G. Agency providers must be able to provide all activities that constitute Supported Employment:
1. Job Seeking/Job Development: Activities that assist a person in determining the best type of job for them and then locating a job in the community that meets those stated desires. Job Seeking is limited to 90 hours per certification year. Additional hours may be approved by DMH on an individual basis with appropriate documentation. Job Seeking includes:
(a) Completion of IDD Employment Profile.
(b) Person-Centered Career Planning, conducted by Supported Employment agency provider employees, which is a discussion of specific strategies that will be helpful to assist job seekers with disabilities to plan for job searches.
(c) Job Development:
(1) Determining the type of environment in which the person is comfortable.
(2) Determining in what environments the person experienced success.
(3) Determining what work and social skills the person brings to the environment.
(4) Assessing environments in which the person's skills are viewed as an asset.
(5) Determining what types of work environments should be avoided.
(d) Employer research.
(e) Employer needs assessment:
(1) Tour the employment site to capture the requirements of the job.
(2) Observe current employees.
(3) Assess the culture and the potential for natural supports.
(4) Determine unmet needs.
(f) Negotiation with prospective employers:
(1) Employer needs are identified.
(2) Job developer acts as a representative for the job seeker.
2. Job Coaching/Job Maintenance: Activities that assist a person to learn and maintain a job in the community. For the ID/DD Waiver, the amount of Job Coaching a person receives is dependent upon individual need, team recommendations, and employer evaluation. For the IDD Community Support Program, the maximum amount of Job Coaching a person may receive is 100 hours per month. Job Coaching includes:
(a) Meeting and getting to know co-workers and supervisors.
(b) Learning company policies, dress codes, orientation procedures, and company culture.
(c) Job and task analysis:
(1) Core work tasks.
(2) Episodic work tasks.
(3) Job related tasks.
(4) Physical needs.
(5) Sensory and communication needs.
(6) Academic needs.
(7) Technology needs.
(d) Systematic instruction:
(1) Identification and instructional analysis of the goal.
(2) Analysis of entry behavior and learner characteristics.
(3) Performance objectives.
(4) Instructional strategy.
(e) Identification of natural supports:
(1) Personal associations and relationships typically developed in the community that enhance the quality and security of life.
(2) Focus on natural cues.
(3) Establish circles of support.
(f) Ongoing support and monitoring.
H. If a person moves from one (1) job to another or advances within the current employment site, it is the Supported Employment agency provider's responsibility to update the profile/resume created during the job search.
I. Transportation will be provided between the person's place of residence for Job Seeking and Job Coaching, as well as between the location of the person's job or between day service locations as a component part of Supported Employment. Transportation cannot comprise the entirety of the service. If local or other transportation is available, the person may choose to use it, but the agency provider is ultimately responsible for ensuring the availability of transportation.
J. Supported Employment may also include services and supports that assist the person in achieving self-employment through the operation of a business, either home-based or community based. Such assistance may include:
1. Assisting the person to identify potential business opportunities;
2. Assistance in the development of a business plan, including potential sources of business financing and other assistance in developing and starting a business (e.g., internet and telephone service, website development, advertising, incorporation, taxes, etc.);
3. Identification of the supports that are necessary for the person to operate the business;
4. Ongoing assistance, counseling, and guidance once the business has been launched;
5. Up to 52 hours per month of at-home assistance by a job coach, including business plan development and assistance with tasks related to producing the product; and
6. Up to 35 hours per month for assistance in the community by a job coach.
K. Payment is not made for any expenses associated with starting up or operating a business. Referrals for assistance in obtaining supplies and equipment for someone desiring to achieve self-employment should be made to the Mississippi Department of Rehabilitation Services. There must be documentation of the referral in the person's record.
L. Assistance with toileting and hygiene may be a component part of Supported Employment but may not comprise the entirety of the service.
M. People cannot receive Supported Employment during the job discovery process.
N. Supported employment does not include facility-based or other types of services furnished in a specialized facility that are not part of the general workforce. Supported Employment cannot take place in a facility-based service location.
O. Supported Employment does not include volunteer work or unpaid internships.
P. Agency providers are prohibited from making incentive payments to an employer to encourage or subsidize the employer's participation in the Supported Employment Services and/or passing payments through to users of Supported Employment Services.
Q. People receiving Supported Employment may also receive Prevocational Services or Day Services-Adult services, but not at the same time of day.
R. People must be at least 18 years of age to participate in Supported Employment and have documentation in the Plan of Services and Supports to indicate they have received either a diploma, GED equivalent or certificate of completion, or are not otherwise receiving school services if they are under the age of 22.

24 Miss. Code. R. 2-27.6

Miss. Code Ann. § 41-4-7
Adopted 11/1/2024