Section 32-21-9.2.2.2 - Closure Because Eligibility Requirements Are No Longer MetIf it is determined that a client receiving services under an IPE is no longer capable of benefiting from services in terms of an employment outcome because of the severity of his/her disability, the case record may be closed.
1. Procedural requirements -- a. The determination shall be made only after providing an opportunity for full consultation with the client or, as appropriate, with the client's representative.b. A (closing) amendment to the IPE must be developed jointly and signed by a qualified rehabilitation counselor and client or, as appropriate, the client's representative. The client must indicate whether he/she agrees or disagrees with the closure decision. The amendment must include the decision, the reason(s) on which the decision was based, and a copy must be provided to the client.c. The client must be informed in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the client, of the ineligibility determination, including the reason(s) for the determination, appeal rights, and availability of the Client Assistance Program.d. The client must be referred to other agencies and facilities including, as appropriate, the State's Independent Living Program and to other training or employment-related programs that are part of the One-Stop service delivery system under the Workforce Investment Act.e. There must be a review of the ineligibility decision within 12 months and annually thereafter if requested by the client or, if appropriate, by the client's representative. This review need not be conducted in situations in which the client has refused it, the client is no longer present in the State, the client's whereabouts are unknown, or the client's medical condition is rapidly progressive or terminal.2. Case record documentation requirements--a. The determination that a client is not capable of achieving an employment outcome and is no longer eligible to receive services under an IPE, must be recorded on a Certification of Ineligibility which is signed and dated by a qualified rehabilitation counselor. The determination must also be recorded on an IPE Closing Amendment that must be dated and signed by the counselor and client or, as appropriate, the client's representative.b. The case file must contain evidence of written notification to the client of the ineligibility decision including the reason(s) for the determination, appeal rights, availability of the Client Assistance Program, and review of decision.c. The closure consultation between the client and counselor must be recorded in the case file.32 Miss. Code. R. 21-9.2.2.2