32 Miss. Code. R. 21-5-5.7

Current through December 10, 2024

Section 32-21-5-5.7 - Client Order of Selection

It is the intent of the Mississippi Department of Rehabilitation Services to provide comprehensive vocational rehabilitation services to all eligible individuals who apply for services. In the event that vocational rehabilitation services cannot be provided to all eligible applicants due to financial limitations, the Agency has adopted an Order of Selection that establishes a system for prioritizing individuals with the most significant disabilities to receive services.

Should a funding shortfall occur, the agency will continue to serve those individuals on an existing Individualized Plan for Employment, including the provision of post-employment services. If at any time, services cannot be provided to all of those individuals who can reasonably be expected to be determined eligible during the coming year, the Executive Director of the Department may declare the implementation of the Order of Selection.

An IPE cannot be developed for individuals in a closed priority category. However, the Order of Selection system does not preclude delivery of non-purchased services (i.e., counseling, guidance, placement, referral services, coordination of comparable benefits and services paid by a third party) for these individuals. The Order of Selection system will in no way restrict the provision of diagnostic and evaluation services. The Executive Director will notify staff by Executive Director Memorandum when the Order of Selection is to be implemented or withdrawn.

Allowed SSDI beneficiaries or SSI recipients are not afforded any special consideration in establishing the priority categories of the order, notwithstanding the automatic classification of such an individual as an "individual with a significant disability."

An Order of Selection should be designed to ensure that individuals with the most significant disabilities as described in the OVR/OVRB Resource Guide above, will receive services in preference to less significantly disabled individuals, as described in the OVR/OVRB Resource Guide, in the event of a shortfall in funding.

ORDER OF SELECTION

1. Priority 1.

Individual With A Most Significant Disability: An individual who meets the criteria for "significantly disabled" (Section 7(21) of the 1998 Rehabilitation Act Amendments) and:

(i) whose physical or mental impairments seriously limit two or more functions in terms of employment outcomes, and,

(ii) who will require vocational rehabilitation services in order to prepare for, secure, retain, or regain employment that is consistent with that individual's unique strengths, resources, priorities, concerns, abilities, capacities, interests, and informed choice

2. Priority 2.

Individual With A Significant Disability: An individual with a disability

(i) who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(ii) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(iii) who has one or more physical or mental disabilities. or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

3. Priority 3.

Individuals with disabilities who do not meet the definitions of either "individuals with the most significant disabilities" or "individuals with significant disabilities", but will require specific vocational rehabilitation services to prepare for, secure, retain, or regain employment.

Individuals having an active plan under the former Order Of Selection will continue to receive services uninterrupted. Persons meeting eligibility requirements but in a closed category have access to a comprehensive information and referral system (see the OVR/OVRB Resource

Guide). Specific details about referral to another agency are to be documented in the case record.

32 Miss. Code. R. 21-5-5.7

Authority: Sections 7(21)(E)(i) and 101(a)(5)(C) of the Act; 29 U.S.C. 705(21)(E)(i) and 721(a)(5)(C)

Authority: Section 7(21)(A) of the Act; 29 U.S.C. 705(21)(A)