218 R.I. Code R. 218-RICR-50-00-1.13

Current through December 3, 2024

Section 218-RICR-50-00-1.13 - PARTICIPATION IN COST OF VOCATIONAL REHABILITATION SERVICES

A. The Federal regulations governing the VR Program give ORS the option to consider the financial need of individuals with disabilities when determining who should pay for the cost of rehabilitation services, except for those individuals who receive Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423et seq.) In accordance with 34 C.F.R. § 361.54, incorporated above, ORS will determine the financial need of those individuals not receiving SSI/SSDI disability benefits to determine the extent of their participation in the cost of vocational rehabilitation services. Income and resources of the family are used in this determination when the applicant/eligible individual is part of the family unit, and must take into consideration any disability-related expenses paid for by the individual. The family unit is every person listed on the individual's most recent Federal income tax return (i.e., spouse, parent if individual is under 18). Methodology used to determine financial need include:

1. Income and resources can include:

a. Annual taxable income (gross income);

b. Annual non-taxable income, such as Social Security benefits, retirement benefits, Workers' Compensation, and Veteran's benefits;

c. Total Cash Assets, including checking and savings accounts, certificates, stocks, and bonds;

d. Rental income, less all essential related expenses.

2. Expenses can include any disability-related medical or rehabilitation expenses.

3. The difference between income and expenses is subtracted from the allowable gross weekly amount. The percentage of that excess over the allowable gross weekly income will be applied to total cost of the services.

B. VR Services which are Exempt include:

1. Information and Referrals;

2. Counseling and Guidance;

3. Services to determine eligibility and Order of Selection priority;

4. Job Related Services, including job search and placement assistance, job retention, assessment, work adjustment services;

5. Supported Employment Services by ORS-approved vendors;

6. Rehabilitation Engineering Evaluation/Assessment of vehicle modification, telecommunications, sensory, and other technical aids and device needs;

7. Personal Assistance Services and Auxiliary Aids or Services (such as interpreter services, reader services orientation, mobility, and rehabilitation teaching services).

C. VR Services which are Not Exempt and may be provided only after determining an individual's financial participation in the cost of services include:

1. Physical and Mental Restoration;

2. Training (other than on-the-job training);

3. Maintenance;

4. Transportation;

5. Services to Family Members;

6. Telecommunication;

7. Recruitment and Training Services;

8. Post-Employment Services;

9. Occupational Licenses;

10. Other Goods and Services.

218 R.I. Code R. 218-RICR-50-00-1.13

Amended effective 6/4/2023