justicedao/ipfs_state_laws huggingface dataset:
582-070-0041 Self Employment Including Micro-Enterprises Self-employment is an employment option that offers people with disabilities an opportunity to enter the labor market and contributes to self-sufficiency and independence. Self-employment, including micro-enterprises, should be consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities and interests, providing the individual full opportunity to exercise informed choice in the selection of their employment outcome. Statutory/Other Authority: ORS 344.530(2) Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 1-2000, f. & cert. ef. 7-24-00
582-070-0043 Nature and Scope of OVRS Services/Role of the Vocational Rehabilitation Counselor and the Individualized Plan for Employment (1) The primary role of the Vocational Rehabilitation Counselor when assisting the individual in obtaining self-employment is to address the individual’s disability-related barriers to employment. The Vocational Rehabilitation Counselor shall ensure the individual's business plan and the Individualized Plan for Employment (IPE) incorporates the strengths, resources, priorities, concerns, abilities, capabilities, and interests identified in a comprehensive assessment. In order to ensure the individual is provided full opportunity to exercise informed choice, OVRS may: (a) Help the individual evaluate his or her abilities, and interest in managing a business, including both formal evaluation, as well as observation and assessment of the individual's planning skills, ability to formulate a marketing and business plan, aptitudes to perform skills intrinsic in the operation of the business, initiative, commitment, and follow-through on tasks; (b) Help the individual develop a viable business plan; (c) Help the individual research and obtain the resources necessary for the business plan; (d) Identify, in full consultation with the individual, the measurements that shall be used to determine progress toward the planned outcome. (e) Work with the individual to understand the risks and responsibilities of owning and operating a business, especially when funds are borrowed to capitalize and support ongoing business needs; and (f) Assist with reasonable and necessary start-up costs of viable business plans when appropriate. (2) If the individual's formal business plan is determined to be viable, the counselor and the individual shall complete the individual's Individualized Plan for Employment (IPE). The IPE must: (a) Specify needed services and costs, including training in specific skill areas in starting and owning a business, if the individual lacks skills necessary for successful business management; (b) Identify Assistive Technology and any other accommodations required; (c) Identify all resources available to fund the business plan, as described in OAR 582-070-0044(2). (d) Include a plan to monitor and evaluate the success of the business through scheduled reviews with the individual, and individual provided financial and marketing activity reports, as defined in the business plan. Statutory/Other Authority: ORS 344.530(2) Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 1-2000, f. & cert. ef. 7-24-00
582-070-0044 Funding Requirements for a Viable Business Plan (1) Under most circumstances, OVRS should not be considered a primary resource for the capital required for a self-employment venture. When no comparable benefits and services are available, OVRS may fund reasonable and necessary start up costs for a business as part of a individual's Individualized Plan for Employment. In order for a plan to be viable, other funding sources may be necessary to cover costs identified in the business plan that would not be covered by OVRS. (2) Funding for the business plan may include, but is not limited to, the individual's own resources; comparable services and benefits; loans from banks, finance companies or venture capitalists; grants; foundations; loans or loan guarantees from the Small Business Administration; local and state economic development funds; help from family or friends; a Social Security Plan for Achieving Self Support (PASS); or other such resources. (3) The individual is not required to accept a loan or utilize a PASS plan to fund the business plan. However, to be viable, a business plan may require additional funding such as that in a subsection (2) to cover the cost of the business venture. (4) Except for reasonable and necessary initial start-up costs, OVRS shall not pay for ongoing functions intrinsic to the operations of the business. Any request for initial start-up costs must include: (a) The determination that OVRS and the individual have explored all reasonable self-employment funding options, as identified in subsection (2); and (b) The determination that available financial resources, as identified in subsection (2), will not meet the reasonable and necessary start-up costs for the business. (c) Verification from the qualified expert approving the business plan that the requested start up costs are reasonable, necessary, and representative of what would be required for a start up business to begin operations. (5) OVRS shall assume no financial liability for debts, including existing debt. Any loss shall not be reimbursed by OVRS. (6) If additional funding such as that in subsection (2) is required to cover the cost of the business venture, the individual shall decide, based upon informed choice about the funding options available, whether to proceed with the business plan. This may include deciding to accept a loan for capitalization and ongoing business expenses. Statutory/Other Authority: ORS 344.530(2) Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 1-2000, f. & cert. ef. 7-24-00
582-072-0010 General provisions for supported employment (1) Supported employment shall be competitive integrated employment, consistent with the unique strengths, resources, concerns, abilities, capabilities, interests, and informed choice of an individual with a most significant disability: (a) For whom competitive integrated employment has not historically occurred or for whom employment has been interrupted or intermittent as a result of a significant disability; and (b) Who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after transition from support by the Program; and (c) Who have been found eligible for vocational rehabilitation services; and (d) For whom supported employment has been identified as appropriate through use of a comprehensive assessment. (2) An individual whose supported employment is in an integrated setting but does not satisfy the criteria of salary, benefits, and opportunity for advancement comparable to other employees, may make an informed choice to work to advance in employment on a short-term basis so long as the individual can reasonably anticipate achieving the desired competitive integrated employment: (a) Within six months of achieving the supported employment outcome; or (b) In limited circumstances, within a period not to exceed 12 months, if a longer period is necessary based on the needs of the individual and the individual has demonstrated progress toward competitive earnings based on information contained in the service record. (3) The Program may use funds allocated under 34 CFR §363.4 for the State Supported Employment Services Program, to provide extended services to youth with the most significant disabilities: (a) For a period of time not to exceed four years, or (b) Until such time that a youth reaches the age of 25. Statutory/Other Authority: ORS 344.530, 344.570 & 344.710 - 344.730 Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0015 Eligibility for supported employment services (1) The Program may provide supported employment services to any individual, including a youth with a disability, when: (a) The individual is determined eligible for vocational rehabilitation services in accordance with 34 CFR §361.42; (b) Is an individual with a most significant disability; and, (c) Supported employment has been identified as appropriate for the individual on the basis of a comprehensive assessment of rehabilitation needs, including existing data to the greatest extent possible, that the individual is determined to require supported employment services to maintain and advance in employment. (2) Any applicant who has been determined eligible for Social Security benefits under Title II or title XVI of the Social Security Act is: (a) Presumed eligible for vocational rehabilitation services; and (b) Considered an individual with a significant disability; and (c) The Program may start providing services while seeking mandatory verification of the applicant's eligibility under Title II or Title XVI. Statutory/Other Authority: ORS 344.530, 344.570, ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0020 Supported employment services (1) "Supported employment services" means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that are: (a) Provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; (b) Based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment (IPE); and (c) Provided by the Program for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (IPE). (2) Ongoing support services: (a) Are furnished by the Program from the time of job placement until transition to extended services, unless postemployment services are provided following transition, and thereafter by one or more extended service providers through the individual's term of employment in a specific job placement; and (b) Include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on: (A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or (B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment (IPE) provides for off-site monitoring, twice monthly meetings with the individual; and (c) Are provided for up to 24 months, except that period may be extended if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (IPE); and (3) Specified in the individualized plan for employment (IPE); and (4) Include post-employment services when required to ensure that the employment outcome remains consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Statutory/Other Authority: ORS 344.530, 344.570 & 344.710 - 344.730 Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0030 Stabilization of employment and transition to extended services (1) Stabilization of employment is reached when: (a) The participant is working the hours per week identified in the individualized plan for employment (IPE) or close to the number with plans to increase hours; and (b) The participant is satisfied with the type of work; and (c) The Vocational Rehabilitation counselor and participant agree that the participant is performing adequately; and (d) According to the employer the participant is performing adequately. (2) Transition to extended services provided by other than the Program shall occur when stabilization is reached and: (a) Counselor and participant have discussed extending the provision of supported employment services and agree that no further supported employment services are necessary; and (b) Extended services are available and ongoing; or (c) Natural supports are available and adequate for the individual to maintain the job. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0035 Extended services for youth with a most significant disability (1) "Extended services" means ongoing support services and other appropriate services that are: (a) Needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment; and (b) Organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment; and (c) Based on the needs of an eligible individual, as specified in an individualized plan for employment; (d) Provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made the transition from support from the Program; and (2) Provided to a youth with a most significant disability by the Program in accordance with requirements set forth in OAR 582-072-0035 and 34 CFR §363.53 for a period not to exceed four years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability under paragraph (c)(58) of this section, whichever occurs first. (3) The Program may provide extended services to an individual youth with a most significant disability, who is assessed as needing supported employment services and extended support services; who has: (a) Been offered employment that matches their plan goal of type of work and hours of work; and (b) Received the full 24 months of supported employment services during which: (A) Natural supports were explored and developed to the extent possible; and (B) Comparable benefits for extended services were sought but not currently available to the participant. (4) Program administrator approval shall be required to amend individualized plan for employment to include extended support services from the Program, for a period of time (whichever occurs first): (a) For up to one year at a time for a total of up to four years; or (b) Until the youth reaches the age of 25; and (c) The amendment includes the provision to seek comparable benefits, or utilize Social Security work incentives, if needed. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0040 Supported employment outcome The participant who is employed in competitive integrated employment shall be considered to have achieved a supported employment outcome when: (1) Participant has completed supported employment services; and (2) Participant received up to 24 months of supported employment service(s) and participant and the Program agree that no more services are required; or (3) Participant and the Program have determined that an extension of time beyond 24 months is necessary to support and maintain the individual in supported employment; and (4) The participant has transitioned to extended services provided by other than the Program or by the Program to youth in specific circumstances; and (5) The participant has maintained employment and achieved stability in the work setting for at least 90 days after transitioning to extended services; and (6) The employment is individualized and customized and consistent with the strengths, abilities, interests, and informed choice of the individual. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0045 Supported employment closure (1) Closing the record of services of a participant who has achieved an employment outcome of competitive integrated employment shall happen when documentation in the client's file shows that: (a) Case closure requirements of 34 CFR §361.56 have been met; and (b) Participant is not receiving extended services from the Program or any other vocational rehabilitation service. (2) The service record of a youth with a most significant disability who is receiving extended services provided by the Program shall be closed when the youth: (a) No longer meets the age requirements (is 25 years old or older); or (b) Has received extended services from the Program for a period of four years; or (c) Has transitioned to extended services provided by other than the Program, and (d) Satisfies requirements for case closure in 34 CFR §361.56; and (e) Is no longer receiving vocational rehabilitation service from the Program. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0050 Supported employment post-employment services (1) Shall be only those needed services that are unavailable from an extended services provider; and (2) Shall meet rehabilitation needs that do not require a complex and comprehensive provision of services (34 CFR §361.46(c)); and (3) Shall be limited in scope and duration (34 CFR §361.5(c)(42)). Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-072-0070 General requirements for customized employment for participants who receive supported employment or supported self-employment services (1) Customized employment shall be competitive integrated employment that is: (a) Based on an individualized and documented determination of the unique strengths, needs, and interests of the participant; and (b) Intended to meet the specific documented abilities of the participant and the business needs of the employer; and (c) Meets the number of hours per week and the type of work in the individualized plan for employment (IPE); and (d) Uses strategies like those listed in the definition (34 CFR§361.5(c)(11)). (2) When the customized employment does not match any current work being done in the place of employment, the Program shall document that: (a) The employer helped the participant develop their scope of work (job description) and supports development of natural supports at the worksite; and (b) There is evidence that the employment will continue beyond closure of the record of service. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020
582-075-0010 General Policy (1) The Office of Vocational Rehabilitation Services (OVRS) does not have the authority to reimburse vendors for the cost of goods and services if OVRS has not authorized payment prior to the provision of goods and services. OVRS shall reject all charges without such prior authorization. (2) Except as provided in subsection (3) of this rule and OAR 582-075-0030, the amount that OVRS shall pay vendors for previously authorized medical or psychological services shall be the lesser of the following: (a) The lowest fee that the vendor charges the general public or other state agencies for the service; or (b) One of the following prescribed fees: (A) The maximum fee prescribed by the Workers' Compensation Schedule. (B) For medical, psychological, laboratory, and other services not governed by that schedule, OVRS shall pay the amount derived by applying the cost ratio between that schedule and the Division of Medical Assistance Program (DMAP) Schedule to the fee prescribed by the DMAP schedule. (3) With prior written approval by the Field Services Manager, OVRS may exceed the fee prescribed by subsection (2) of this rule when financial or human considerations outweigh the difference in cost. Statutory/Other Authority: ORS 344.530(2) Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 5-2004, f. & cert. ef. 8-5-04 VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98 VRD 4-1993, f. & cert. ef. 11-1-93 VRD 1-1991, f. 1-14-91, cert. ef. 3-1-91
582-075-0020 Definitions (1) "Brief narrative," as used in division 075, means a document from a treating vendor that summarizes client treatment to date and current status; responds briefly to 3–5 specific questions posed by OVRS, if any; and is usually one or two pages. (2) "Complete narrative," as used in division 075, means a document from a treating vendor that describes an extended client history, addresses six or more specific topics, and is usually three or more pages. (3) "Vendor, " as used in division 075, means an entity that provides goods and/or services at the request of OVRS. Statutory/Other Authority: ORS 344.530(2) Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 5-2004, f. & cert. ef. 8-5-04 VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98 Reverted to VRD 4-1993, f. & cert. ef. 11-1-93 Temporary suspended by VRD 2-1997(Temp), f. 6-13-97, cert. ef. 6-15-97 VRD 1-1997(Temp), f. 5-8-97, cert. ef. 6-15-97 VRD 4-1993, f. & cert. ef. 11-1-93 VRD 1-1991, f. 1-14-91, cert. ef. 3-1-91