Section 32-21-8-8.1 - Financial Needs Tests / Comparable Services and BenefitsMDRS chooses to consider the financial need of clients or applicants who are receiving services through Trial Work Experiences or during an Extended Evaluation for purposes of determining the extent of their participation in the costs of vocational rehabilitation services, other than those services identified below. The OVR/OVRB Resource Guide explains the method for determining the financial need of an eligible individual; and specifies the types of vocational rehabilitation services for which MDRS has established a financial needs test;
Policies are applied uniformly to all individuals in similar circumstances. Policies do not require different levels of need for different geographic regions in the State, and policies ensure that the level of an individual's participation in the cost of vocational rehabilitation services is:
2. based on the individual's financial need, including consideration of any disability-related expenses paid by the individual; and,3. not so high as to effectively deny the individual a necessary service. MDRS does not apply a financial needs test, or require the financial participation of the individual as a condition for furnishing the following vocational rehabilitation services:
1. assessment for determining eligibility and priority for services, except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of Trial Work Experiences or an Extended Evaluation; a. assessment for determining vocational rehabilitation needs;b. vocational rehabilitation counseling and guidance;c. referral and other services;g. personal assistance services; or2. as a condition for furnishing any vocational rehabilitation service if the individual in need of the service has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act. Comparable Services and Benefits are defined in the OVR/OVRB Resource Guide.
In all cases full consideration will be given to any comparable services and benefits available under any other program including those of other workforce agencies. This includes maximum utilization of public or other vocational/ technical training facilities to meet, in whole or part, the cost of any vocational rehabilitation service(s) provided to the individual. MDRS cannot supplement payments from any other source(s) in excess of the prevailing fee for services being purchased.
Appropriate comparable benefits must be used when purchasing services, as long as the determination of whether comparable services and benefits are available under any other program would interrupt or delay:
1. the progress of the individual toward achieving the employment outcome in the individualized plan for employment of the individual;2. an immediate job placement; or,3. the provision of such service to any individual at extreme medical risk. Exceptions are as follows:
1. assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;2. counseling and guidance, including information and support services to assist an individual in exercising informed choice; 3.referral and other services to secure needed services from other agencies including other workforce agencies through cooperative agreements, if such services are not available through this agency; 4. job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;5. rehabilitation technology, including telecommunication, sensory, and other technological aids and devices; and,6. post-employment services consisting of the aforementioned services (in items 1 5 in this list.)32 Miss. Code. R. 21-8-8.1