N.Y. Comp. Codes R. & Regs. tit. 8 § 246.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 246.4 - Establishment of rehabilitation facilities

(a) Purpose. The purpose of this section is to provide for the establishment of rehabilitation facilities and/or services through Federal funds designated for this purpose and administered by the Office of Vocational and Educational Services for Individuals with Disabilities.

(b) Definitions. As used in this section:

(1) Agency means the New York State Education Department.

(2) Rehabilitation facility means a facility which is operated for the primary purpose of providing vocational rehabilitation or independent living services to handicapped individuals, and which provides singly or in combination one or more of the following approved services for handicapped individuals:

(i) vocational rehabilitation services, which shall include management, medical, psychological, social and vocational services;

(ii) testing, fitting or training in the use of prosthetic and orthotic devices;

(iii) prevocational conditioning or recreational therapy;

(iv) physical and occupational therapy;

(v) speech and hearing therapy;

(vi) psychological and social services;

(vii) evaluation of rehabilitation potential;

(viii) personal and work adjustment;

(ix) vocational training with a view toward career advancement (in combination with other rehabilitation services);

(x) evaluation or control of specific disabilities;

(xi) orientation and mobility services and other adjustment services to the blind;

(xii) transitional or extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market;

(xiii) comprehensive services for independent living, including, as appropriate:

(a) intake counseling to determine the client's need for specific rehabilitation services;

(b) referral and counseling services with respect to attendant care;

(c) counseling and advocacy services with respect to legal and economic rights and benefits;

(d) independent living skills, counseling and training, including such programs as training in the maintenance of necessary equipment and in job-seeking skills, counseling on therapy needs and programs and special programs for the blind and deaf;

(e) housing and transportation referral and assistance;

(f) surveys, directories and other activities to identify appropriate housing and accessible transportation and other support services;

(g) health maintenance programs;

(h) peer counseling;

(i) community group living arrangements;

(j) education and training necessary for living in the community and participating in community activities;

(k) individual and group social and recreational activities;

(l) other programs designed to provide resources, training, counseling, services or other assistance of substantial benefit in promoting the independence, productivity and quality of life of handicapped individuals;

(m) attendant care and training of personnel to provide such care; and

(n) such other services as may be necessary and not inconsistent with the provisions of this Part.

(3) Establishment of a rehabilitation facility means:

(i) the acquisition, expansion, remodeling or alteration of existing buildings, necessary to adapt them to rehabilitation facility purposes or to increase their effectiveness for rehabilitation facility purposes;

(ii) the acquisition of initial equipment for such buildings for such purposes; or

(iii) the initial staffing of a rehabilitation facility for a period not to exceed four years and three months.

(c) Consistency with State rehabilitation facility planning. The agency shall determine, prior to agency approval for establishment the following:

(1) the need for new or expanded rehabilitation facility services in the geographic region served, or to be served, by the facility;

(2) the consistency of the development of the new services with State rehabilitation facility plans;

(3) the degree to which the new services would duplicate similar services currently available in the geographic area; and

(4) the availability of appropriate staffing and financial resources in the geographic area.

(d) Adherence to standards. To be eligible for establishment support, the rehabilitation facility shall meet and maintain the following minimum standards:

(1) be a private nonprofit voluntary organization, pursuant to section 501 of the Internal Revenue Code, or a part thereof; or be a publicly operated organization or part thereof which has a formal agreement for the provision of services with the agency;

(2) be legally incorporated, or part of an organization which is legally incorporated;

(3) meet wage and hour standards for such programs set forth in 29 Code of Federal Regulations Parts 524, 525 and 529 (U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Washington, DC 20210, WH Publications 1316, revised March 1977, 1249, revised May 1979 and 1408, reissued December 1980, respectively--available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234);

(4) meet fire and life safety standards set forth in 29 Code of Federal Regulations Part 1910 (General Industry OSHA Safety and Health Standards, OSHA 2206, revised March 11, 1983, U.S. Department of Labor, for sale by Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402--available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234); and accessibility standards of the American National Standards Institute (ANSI A117.1--1980, American National Standards Institute, 1430 Broadway, New York, NY 10018: 1980--available at Office of Vocational Rehabilitation, Room 1907, One Commerce Plaza, Albany, NY 12234);

(5) meet all agency staffing standards established in section 246.3 of this Part;

(6) develop and implement a plan to take affirmative action to employ and advance in employment qualified handicapped individuals, including specific action steps, timetables, and complaint and enforcement procedures;

(7) comply with all requirements concerning nondiscrimination against handicapped individuals pursuant to 34 Code of Federal Regulations Part 104 (Code of Federal Regulations, 1984 Edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 1984--available at Office of Vocational and Educational Services for Individuals with Disabilities, Room 1907, One Commerce Plaza, Albany, NY 12234); and

(8) assure that services are provided without regard to race, creed, color, sex, national origin, age or type of disability.

(e) Filing of an application. Each applicant for establishment shall file an application on forms prepared by the agency, and shall include as a minimum the following:

(1) purpose and need for the service based upon the disabilities and program needs of clients in a geographic area;

(2) organization and administration;

(3) program of services;

(4) staffing of facility;

(5) physical plant;

(6) equipment;

(7) budgeting and finance;

(8) fiscal controls, records and reports;

(9) assurance of nondiscrimination; and

(10) assurance of affirmative action.

(f) Financial participation. The maximum extent of Federal financial participation as administered by the agency will be 80 percent of total project costs as approved by the agency. It shall be within the sole discretion of the agency whether a particular rehabilitation facility's programs of service are utilized, and the agency may revoke its approval of utilization where it is deemed by the agency to be in the interest of efficient and effective administration notwithstanding a facility's compliance with the provisions of the above paragraphs.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 246.4