32 Miss. Code. R. 21-9.1.2

Current through December 10, 2024

Section 32-21-9.1.2 - Requirements for Closing Case Records as Rehabilitated

Upon the determination that the client has achieved an employment outcome in accordance with the above criteria, the client's case may be closed as rehabilitated.

1. Procedural requirements--

a. Prior to closure, the counselor must personally address the following issues with the client or, as appropriate, the client's representative:

i. the need for post-employment services must be reviewed and reassessed through appropriate modes of communication; and,

ii. the employment outcome must be determined to have been satisfactory and the client performing well on the job. The client must indicate whether he/she agrees or disagrees with this decision.

b. The client must be informed in writing of the case closure decision. This "Closing Statement" must be dated and signed by the counselor and contain statements concerning-

i. the basis on which the client was determined to have achieved a specific employment outcome;

ii. the expected need for post-employment services and, if needed, terms and conditions for provision of services; and,

iii. if appropriate, a statement as to how post-employment services will be provided through cooperative agreements with other service providers.

2. Case record documentation requirements--

a. The results of the contact with the client in which case closure was discussed must be documented in the case file.

b. If the IPE provides for job placement in a non-integrated setting, there must be a justification for that non-integrated setting. Clients choosing extended employment as an employment outcome will not be considered rehabilitated.

There must be verification that the client is compensated at or above minimum wage and that the wage and level of benefits are not less than that customarily paid by the employer for the same or similar work by non-disabled clients. (Note: Some rehabilitants are placed in extended [sheltered] employment earning less than minimum wage under a sub-minimum wage certificate issued by the U.S. Department of Labor. This is legal and appropriate for certain clients but would not be considered a competitive employment outcome in terms of MDRS receiving credit for these types of closures.)

The case record must reflect the fact that the counselor annually reviews and reevaluates the status of each individual with a disability served under the vocational rehabilitation program who has achieved an employment outcome either in an extended employment setting in a community rehabilitation program or in any other employment setting in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act for two years after the individual achieves the employment outcome (and thereafter if requested by the individual or, if appropriate, the individual's representative) to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment.

The record must also show that the counselor enabled the individual or, if appropriate, the individual's representative to provide input into the review and reevaluation and documents that input in the record of services with the individual's or, as appropriate, the individual's representative's signed acknowledgment that the review and reevaluation have been conducted.

The record must also reflect that the counselor has made maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist individuals placed in extended employment to engage in competitive employment. As noted, clients choosing extended employment as an employment outcome will not be considered rehabilitated.

32 Miss. Code. R. 21-9.1.2