justicedao/ipfs_state_laws huggingface dataset:
582-075-0030 Medical Evidence of Record (MER) and Narrative Charges (1) OAR 582-075-0010(2) and (3) do not govern payment for Medical Evidence of Record and Narratives. (2) OVRS payment for existing medical records shall not exceed 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) When the invoice itemizes the number of pages copied and provided: (A) $18.00 for ten or fewer pages; (B) $0.25 per page for pages 11 to 20; (C) $0.10 per page for pages greater than 21; and (D) A total maximum payment of $22.50. (c) When the invoice does not itemize the number of pages copied and provided, a total maximum payment of $18.00. (3) Additional payment will not be made for second or subsequent requests when the information to be provided was available to the vendor when the original request was processed. (4) Integrated records will be paid as a single record request. (5) When OVRS receives copies of existing medical records within 7 days from the date recorded on the OVRS record request, OVRS shall pay the vendor an additional $5.00. Time shall be measured from the date of the OVRS written request to the date that OVRS electronically receipts the copies or receives them in the rehabilitation services local office. (6) When OVRS and a vendor enter a public contract for the contractor to obtain existing medical records on behalf of OVRS and perform additional related services: (a) The contract governs payment to the contractor; (b) The fee schedule prescribed by subsection (2) governs the contractor's payment to those from whom the contractor obtains the medical records. (c) No bonus, as prescribed by subsection (5) of this rule shall be paid by OVRS or by the contractor. (7) When purchasing a brief narrative, OVRS shall pay the amount billed up to a maximum payment of $35.00. (8) When purchasing a complete narrative, OVRS shall pay the amount billed up to a maximum payment of $75.00. (9) A supplier of records under this rule is not entitled to any payments if the supplier fails to provide the records requested within a specific deadline identified in the letter requesting the records, and OVRS is not able to make use of the records as a result. 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
582-075-0040 Limitations of Payments The vendor shall accept the fees prescribed by division 75 as payment in full. If a vendor's usual and customary fee for a service exceeds the fee prescribed by division 75, the client and/or his or her family shall not be liable to the vendor for any portion of a vendor's usual and customary fee unless the client and/or his or her family agrees in writing to assume the additional charges. Without such explicit agreement, the vendor must accept the OVRS payment, including any client copayment, as payment in full. 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
582-080-0010 General Policy (1) It is the policy of OVRS to purchase goods and services only from qualified vendors, in accordance with state licensure laws, OVRS Approval Standards, state purchasing regulations and applicable federal regulations. Goods and services will be purchased that are within the purview of the particular license or approval standards. (2) It is policy not to discriminate against a vendor based upon sex, race, creed, ethnic origin or disability. Favoritism by OVRS in the selection or use of a vendor — resulting from considerations unrelated to informed client choice, cost, quality, or other criteria in these rules — will be avoided. Other factors being equal, a suitable vendor nearest the client will be used. OVRS maintains a listing of approved vendors selected to provide services to the OVRS. (3) OVRS may select vendors or a pool of vendors on the basis of informed client choice in the context of third-party funding and comparative cost considerations. In addition, quality of service, facilities, barrier free access, program length, timeliness of needed services, and the vendor’s history of timely and completeness of reports may be considered by OVRS in making a selection. (4) It is OVRS policy that medical services will normally be purchased through the treating source when that source is willing and qualified to provide the authorized service at the rates OVRS would otherwise pay in the client’s geographic location. (5) OVRS may select vendors or a pool of vendors for medical services on the basis of informed client choice in the context of medical insurance and comparative cost considerations. In addition, quality of service, facilities, barrier free access, program length, timeliness of needed services, and the vendor’s history of timely and completeness of reports may be considered by the OVRS in making a selection. When more than one medical provider is listed in the geographic area, selection of appropriate medical providers may be made on distance from the client, an equal distribution of services, or rotation of available vendors. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 4-1993, f. & cert. ef. 11-1-93 VRD 3-1992, f. & cert. ef. 4-20-92 VRD 6-1978, f. 5-18-78, ef. 6-1-78
582-080-0030 Selection Policy for Out-of-State Vendors The vendor selection policies of divisions 582-080, OAR 582-010 and 582-075 will be used for all out-of-state vendors. The vocational rehabilitation counselor may contact the other Vocational Rehabilitation state agency for vendor information and to check rates. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 3-1992, f. & cert. ef. 4-20-92 VRD 6-1978, f. 5-18-78, ef. 6-1-78
582-080-0040 Conflict of Interest Regarding Vendor Selection No employee or representative of OVRS may take any action that would result in the person’s private financial benefit, nor shall the action benefit any member or any business with which he/she or any member of his/her household is associated. All OVRS employees must give notice to their immediate supervisor of all potential conflicts of interest. If the supervisor agrees that there is a conflict of interest, the supervisor shall send the matter through supervisory channels to the appointment authority for resolution. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 6-1978, f. 5-18-78, ef. 6-1-78
582-080-0050 Civil Rights All vendors must provide all of their services in compliance with Titles VI and VII of the Civil Rights Act of 1964 as amended; Sections 503 and 504 of the Rehabilitation Act of 1973 as amended; Architectural Barriers Act of 1968 as amended; Uniform Accessibility Standards in 41 CFR Part 101-19.6 et seq.; American National Standards Institute No. A 117.1 — 1986; and, Americans with Disabilities Act (P.L. 101-336). Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRD 3-1992, f. & cert. ef. 4-20-92 VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRD 3-1992, f. & cert. ef. 4-20-92 VRD 6-1978, f. 5-18-78, ef. 6-1-78
582-085-0004 Independent Living Service Providers Receiving Vocational Rehabilitation Funds An independent living service provider who receives funds for vocational rehabilitation services must comply with the same standards applicable in chapter 582 of the Oregon Administrative Rules to other providers of the specific vocational rehabilitation services funded. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 & 344.550 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04
582-085-0005 Providers Receiving Independent Living Services Funds (1) Providers must satisfy the following requirements to receive funds allocated under Section 713(1) of the federal Rehabilitation Act: (a) Approval of the State Independent Living Council for the specific funds provided; and (b) Satisfy all applicable state licensure or certification requirements for the specific services funded; and either (c) Satisfy the requirements of Section 702 of the federal Rehabilitation Act to qualify as a “Center for Independent Living”; or (d) Qualify for and be placed on the OVRS Approved Vendor List for the specific services funded. (2) Providers must satisfy the following requirements to receive funds allocated under Section 713(3) of the federal Rehabilitation Act: (a) Approval of the State Independent Living Council for the specific funds provided; and (b) Satisfy the requirements of Sections 702 and 725 of the federal Rehabilitation Act concerning Centers for Independent Living as well as Standards and Assurances. Statutory/Other Authority: ORS 344.530 & 344.540 Statutes/Other Implemented: ORS 344.530, 344.540 & 344.550 History: VRS 5-2004, f. & cert. ef. 8-5-04
582-090-0010 Certification of Disability Generally (1) The Office of Vocational Rehabilitation Services (OVRS) will provide certification services on request for individuals with disabilities seeking employment under a governmental entity's special hiring practices if a certificate is required. (2) OVRS will provide certification services on request for clients who require documentation of disability for specific programs such as Tri-Met Honored Citizen Cards and the Public Utility Commission Telecommunications Devices Access Program. (3) Individuals seeking a certification of disability shall provide OVRS with the certification instructions and form of the governmental organization if requested, and provide documenting evidence of their disability. (4) OVRS may provide certification of disability services regardless of whether individuals apply for OVRS services under 34 CFR 361.41, qualify for services under 34 CFR 361.42, or have an open case with OVRS for vocational rehabilitation services. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 History: VRS 5-2004, f. & cert. ef. 8-5-04 VRS 4-2004, f. & cert. ef. 4-2-04 VRD 1-1993, f. & cert. ef. 9-7-93 VRD 5-1981, f. & ef. 12-1-81 VRD 1-1979, f. & ef. 10-1-79
582-090-0020 Certification of Disability for Federal Employment (1) OVRS will provide certification services for federal job applicants under Schedule A hiring authorities (5 CFR 213.3101), including 5 CFR 213.3102(t) for hiring people with mental retardation, 5 CFR 213.3102(u) for hiring people with severe physical disabilities, and 5 CFR 213.3102(gg) for hiring people with psychiatric disabilities. (2) A certification issued by an OVRS counselor for federal job applicants under Schedule A hiring authorities must verify that the applicant has a severe disability and is therefore eligible under a Schedule A appointment authority and that the applicant is able to perform the essential duties of the position. The certification must also describe any needed reasonable accommodation. (3) An OVRS counselor may issue a certification for federal job applicants under Schedule A hiring authorities as follows: (a) An OVRS counselor may first issue a letter certifying that the individual is disabled and eligible for appointment under a particular Schedule A appointment authority. This type of certification is sufficient for an applicant to be considered for any Schedule A job; (b) If the individual with a disability is tentatively selected for the position, the OVRS counselor may issue a second letter, as merited, stating that the counselor has evaluated the job tasks and determined the applicant is able to perform the essential duties of the position. This second letter must also state what reasonable accommodations, if any, are sought. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 History: VRS 4-2004, f. & cert. ef. 4-2-04 VRD 5-1981, f. & ef. 12-1-81 VRD 1-1979, f. & ef. 10-1-79
582-090-0030 Assistance with State Employment (1) OVRS will assist its job-ready clients to seek state employment through the HIRE (Hiring Individuals Ready for Employment) system. OVRS counselors will explain the HIRE system to interested clients, and assist clients in the preparation of client materials, if necessary. (2) Once an OVRS client has filled out a state application form and other required paperwork, the OVRS counselor will submit to the Department of Administrative Services (DAS), Human Resource Services Division (HRSD) Recruitment the completed state application (PD 100), skill code documents (if applicable), and a completed and signed referral. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 History: VRS 4-2004, f. & cert. ef. 4-2-04 VRD 1-1993, f. & cert. ef. 9-7-93 VRD 1-1988, f. & cert. ef. 3-4-88 VRD 5-1981, f. & ef. 12-1-81 VRD 1-1979, f. & ef. 10-1-79
582-100-0000 Order of Selection (1) The Program is required to implement an Order of Selection when it anticipates that it will not have sufficient fiscal or personnel resources to fully serve all eligible individuals. (2) The Rehabilitation Act, as amended by the Workforce Innovation and Opportunity Act (WIOA), requires the Program to serve individuals with the most significant disabilities (MSD) first when there are not enough resources to serve everyone who is eligible for Program services. Individuals with the most significant disabilities shall be given priority over those with less significant disabilities. (34 CFR § 361.36) (3) The purpose of these rules is to: (a) Describe the procedures and criteria that shall be used to determine the need for an Order of Selection; (b) Determine the basis for the assignment of eligible individuals to priority categories; (c) Identify exceptions to the priority categories; and (d) Describe the administration of the Order of Selection. (4) These rules shall only apply if: (a) The Program determines that an Order of Selection is required; (b) The decision to enact the Order of Selection is reflected in the State Plan; (c) The Program determines the priority categories that shall be served under the order; and (d) A request to enter Order of Selection is approved by the Rehabilitation Services Administration (RSA). Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025 VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020
582-100-0005 Determination of Need for an Order of Selection (1) The Program may implement an Order of Selection if it determines that it cannot provide the full range of vocational rehabilitation services to all eligible individuals, based on projected fiscal and personnel resources, and the rehabilitation needs of individuals eligible to be served by the Program. (2) The Program shall determine whether an Order of Selection is necessary (in accordance with 34 CFR § 361.36): (a) Prior to the beginning of each federal fiscal year; or (b) Due to changed circumstances within the current federal fiscal year. (3) The Program must consult with the State Rehabilitation Council ( 34 CFR 361.36(f) ) regarding: (a) Need to establish an order of selection, including any reevaluation of the need; (b) Priority categories of the particular order of selection; (c) Criteria for determining individuals with the most significant disabilities; and (d) Administration of the order of selection. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025 VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020
582-100-0015 Requirements for Assignment of Priority Categories (1) In order to determine an eligible individual’s priority under an Order of Selection, the Program: (a) Shall use the data gathered in the assessment of the individual’s eligibility for Program services. (b) May require the individual to provide additional information or participate in trial work experiences or other evaluations, if the Program counselor determines it is necessary to assign an accurate priority category to the individual. (2) The Program shall not consider the following factors to determine an Order of Selection priority category. (a) Duration of residency provided the individual is present in the state. The state may not require residency as part of the eligibility for services. (b) Type of disability. (c) Age, sex, race, color, national origin. (d) Source of referral. (e) Type of expected employment outcome. (f) The need for specific services except as provided for in OAR 582-100-0021 . (g) Anticipated cost of services; or (h) Income level of the individual or individual’s family. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025 VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020
582-100-0018 Assignment of Priority Categories (1) Priority Category One. The Program shall assign an individual to priority category one if the individual: (a) Has been determined eligible for services under 34 CFR 361.42. (b) Has a severe mental or physical impairment that seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and (c) Is expected to require multiple vocational rehabilitation services over an extended period in order to achieve or maintain a successful employment outcome. (2) Priority Category Two. The Program shall assign an individual to priority category two if the individual: (a) Has been determined eligible for services under 34 CFR 361.42. (b) Has severe mental or physical impairments that seriously limit one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and (c) The individual is expected to require multiple vocational rehabilitation services over an extended period in order to achieve or maintain a successful employment outcome. (3) Priority Category Three. The Program shall assign all other individuals, who do not qualify for the other priority categories and who have been determined eligible for services under 34 CFR 361.42, to priority category three. (4) The Program shall: (a) Provide notice to an applicant regarding their eligibility for Program services under Oregon Administrative Rules (OAR) Chapter 582, Division 20; and (b) If determined to be eligible, the individual’s assignment to a priority category. (c) The Program shall provide the eligible individual a copy of the Dispute Resolution Rights related to their priority category under an Order of Selection pursuant to OAR Chapter 582, Division 20. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, adopt filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary adopt filed 06/04/2025, effective 06/06/2025 through 12/02/2025
582-100-0021 Limited Exception for Maintenance of Employment (1) Applicants or eligible individuals, who are not otherwise able to receive services under an Order of Selection, may request to receive specific services or equipment to maintain their current employment under OAR 582-100-0011(3)(b). (2) Only services or equipment that an individual needs to maintain current employment may be provided under this exception. This means that if the individual needs services not directly tied to maintaining current employment, the individual's ability to receive those services from the Program depends on the individual's placement in the State's Order of Selection. (Section 101(a)(5)(D) of the Rehabilitation Act and 34 CFR 361.36(a)(3)(v)) (3) In order to qualify for services or equipment under OAR 582-100-0011, the individual must: (a) Be eligible for services under 34 CFR 361.42. (b) Not otherwise be able to receive Program services or equipment under the Order of Selection; and (c) Be at immediate risk of losing their current job related to a disability related barrier if not provided with specific services or equipment in the near future, which means no more than two months or 60 calendar days. (4) The Program shall only provide the specific services or equipment necessary for the eligible individual to maintain their current employment. (5) The Program counselor shall document in the eligible individual’s file: (a) Evidence of the immediate risk of the individual losing their current employment; and, (b) The specific services or equipment necessary to maintain the individual’s employment. (6) The Program shall not determine that an eligible individual is at immediate risk of losing their current job under subsection (3)(c) of this rule, if that risk is based on the individual choosing to voluntarily leave their current employment. (7) The Program shall determine whether an individual qualifies for this limited exception under this rule within 15 calendar days of an eligible individual’s request and providing documentation that they are eligible for services under the exception. Individual requests for limited exception may occur while the individual applies for Program services or on the Order of Selection waiting list and at risk of employment loss (see (3)(c) of this rule. (8) An individual who requests the limited exception under this rule during an Order of Selection is entitled to notice of the Program’s determination and dispute resolution rights to challenge that determination, as described in OAR chapter 582, division 20. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025 VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020