reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.11 - Public Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To the
			 extent not otherwise defined within department rules and regulations, or
			 otherwise by law, the following definitions shall apply:
(a) "Public records" for the purpose of these
			 rules means all Board or department records which are reasonably necessary to
			 record the business and activities required to be done or carried on by the
			 Board and department. Records which do not constitute "public records" include,
			 but are not necessarily limited to, those received by a public officer in
			 confidence, sensitive personnel records, applicant, client and patient records,
			 complaints against persons deemed licensees of the department (e.g., blind
			 vendors licensed by the department to participate in the Business Enterprise
			 Program), pending criminal and quasi-criminal investigations and records, those
			 matters protected by statute, case law, or administrative rule, and records the
			 disclosure of which would be detrimental to the best interests of the public.
			 All questions regarding classification of a document as public or confidential
			 should be referred to the Legal Office.
(b) A "standard request" is a public-records
			 request that requires no or minimal clarification from the requestor and seeks
			 one or more specifically and discretely identified public records that the
			 department determines will take less than eight (8) hours of staff time to
			 process considering the time needed to identify and retrieve the records, and
			 to redact legally protected information.
(c) A "time-intensive request" is a
			 public-records request the department determines will take more than eight (8)
			 hours of staff time to process. Factors include, but are not limited to, a
			 request that is vague or overly broad, a large volume of responsive records,
			 and the amount of redaction required in order to withhold legally protected
			 information.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.12 - Electronic Records And Electronic Signatures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Legal Basis. The Alabama Uniform
			 Electronic Transactions Act,
Code of Ala. 1975
,
			 §§
								8-1A-1, et seq.,
			 facilitates the use of electronic documents in business, commercial, and
			 governmental transactions. The act promotes but does not require the use of
			 electronic signatures and the creation of electronic documents.
(2) Definitions. Including the definitions
			 provided in the Alabama Uniform Electronic Transactions Act, the following
			 words where used in this rule shall have the following meanings:
(a) Electronic. Relating to technology having
			 electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic,
			 or similar capabilities. This definition shall be applied broadly as new
			 technologies develop.
(b)
			 Electronic Record. A record created, generated, sent, communicated, received,
			 or stored by electronic means.
(c)
			 Electronic Signature. A secure electronic sound, symbol, or process attached to
			 or logically associated with a record and executed or adopted by a person with
			 the intent to sign the record.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.13 - Confidentiality Of Information And Client Records

Current through Register Vol. 42, No. 9, June 28, 2024
All client and applicant information acquired shall remain the
				property of the Alabama Department of Rehabilitation Services. This information
				shall only be used and released for purposes directly related to the
				administration of programs, within the Department. Use and release of personal
				information shall conform to applicable state and federal law and
				regulations.
(1) An applicant, client,
			 or parent or legal guardian in the case of a minor, or authorized
			 representative may, upon reasonable notice received in writing and at a
			 reasonable time during normal business hours, review all of the applicant's,
			 client's, or minor's records maintained by the Department relating to the
			 grant, denial, or provision of services. A Department staff member shall be
			 present during any review. The Department make all information in the case
			 record available except:
(a) an applicant,
			 client, or parent in the case of a minor, or authorized representative may
			 review only his or her own records, or the records of his or her own child or
			 client;
(b) when the Department
			 believes medical, psychological, or other information may be harmful to the
			 individual, the information may not be released to the individual, but shall be
			 provided through his or her authorized representative, a physician, or licensed
			 or certified psychologist; and
(c)
			 information obtained from another organization or agency may be released only
			 under the conditions established by the outside agency, organization, or
			 provider.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.14 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Commissioner may issue declaratory rulings to any person substantially affected
			 by a rule with respect to the validity of the rule, or with respect to the
			 applicability to any person, property, or state of facts of any rule or statute
			 enforceable by the Board and the Department, or with respect to the meaning and
			 scope of any order of the Board. Such rulings shall be issued provided:
(a) The petitioner shows that he/she is
			 substantially affected by the rule in question;
(b) Sufficient facts are supplied in the
			 request to permit the Commissioner to make a valid determination; and
(c) The request arises from an actual
			 question or controversy.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.15 - Petitions For Adoption, Repeal, Or Change Of Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may petition the Department
			 for the adoption of a new rule or for the repeal or change of any existing
			 rule.
(2) Action by the Department
			 on any such petition shall be as provided in the
Code of Ala.
			 1975
, §
								41-22-8.
(3) In order to be considered, a petition for
			 a rule change shall be in writing and contain the following minimum
			 information:
(a) A title reflecting that the
			 petition seeks the adoption of a new rule, or the modification or repeal of an
			 existing rule or rules.
(b) The
			 Petitioner's name, address, and telephone number.
(c) A statement identifying all rules or
			 statutes that may be involved should the relief sought in the petition be
			 granted in whole or in part.
(d) A
			 clear and concise statement or narrative as to why the new rule, or
			 modification or repeal of an existing rule is needed, specifying:
1. the persons or class of persons it would
			 affect and how it would affect
2.
			 the benefits and disadvantages of the proposed rule, modification or
			 repeal;
3. the estimated cost or
			 cost savings to the Department;
4.
			 any other reasons why the rule, modification, or repeal should be accepted by
			 the Department;
5. the legal
			 authority for the proposed rule, modification or change;
6. the names and complete addresses of any
			 persons, firms, organizations, and the identity of any class of persons known
			 to the petitioner who would be or could be adversely affected by the proposed
			 rule, modification or repeal.
(e) The reason for submitting the petition,
			 if not apparent from the face of the petition.
(f) Full disclosure of the petitioner's
			 interest.
(g) A statement as to
			 whether the issues presented by the petition are presently under consideration
			 by the Alabama Department of Rehabilitation Services or by any judicial or
			 quasi-judicial body in any pending proceedings, and if so where.
(h) A certification and signature of
			 Petitioner before a notary public or other person authorized by law to
			 administer oaths that the information contained in the petition is true and
			 correct to the best of petitioner's information and belief, and that the
			 petition has not been filed for any improper purposes, or for delay or
			 harassment.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.16 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any of the rules and regulations of the Board which shall
				be known as the Alabama Department of Rehabilitation Services Administrative
				Code, or any sentence, paragraph, clause, phrase or word thereof is construed
				by the courts to be invalid for any reason, it is the intention of the Board
				that the remainder shall continue in full force and effect; that is, it is the
				intention of the Board that each rule and/or any portions thereof, are
				severable.
Previous Rule .15 was renumbered .16 per certification
				  published June 30, 2021; effective August 14, 2021.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.17 - Adoption Of Existing Rules By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to provide continuity in
			 services, and to the extent not otherwise provided for by these rules, the
			 Board of Rehabilitation Services, subject to the amendments provided for in
			 subsection (2) of this rule, adopts by reference those rules, policies and
			 guidelines promulgated and in effect as of December 31, 1994, pertaining to the
			 provision of services by or within the following programs:
(a) Early Intervention System
(b) Children's Rehabilitation
			 Service
(c) Hemophilia
			 Program
(d) Adult Vocational
			 Rehabilitation Service
(e) Business
			 Enterprise Program
(f) Homebound
			 Service
(g) Community Support
			 Services
(h) Client Assistance
			 Program
(i) Governor's Committee on
			 Employment of People with Disabilities.
Copies of the original of any rule referred to and adopted
				herein may be obtained from the Department subject to reasonable costs of
				copying.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-1 - DUE PROCESS › Section 795-2-1-.01 - Procedural Safeguards And Notice

Current through Register Vol. 42, No. 9, June 28, 2024
The following rules and minimum procedural safeguards shall
				govern the provision of services within the following programs administered by
				the Department of Rehabilitation:
(a)
			 Reserved.
(b) Children's
			 Rehabilitation Service.
(c)
			 Hemophilia Program.
(d) Adult
			 Vocational Rehabilitation Service.
(e) Reserved.
(f) Homebound Service.
(g) Community Support Services.
To ensure that the rights of all applicants, clients, and
				families to services are guaranteed, the Department has established the
				following minimum procedures:
(1)
			 Notice of Proposed Action.
(a) The Department
			 shall provide written notice to eligible applicants or clients of the services
			 to be provided.
(b) The Department
			 shall provide written notice to an applicant or client of a denial of
			 eligibility or services.
(c) The
			 notice shall contain:
1. the action;
2. the reason(s) for the action(s);
			 and
3. an explanation of the right
			 to request administrative review and formal hearing in the event the applicant
			 or client disagrees with the action(s).
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-2 - ADMINISTRATIVE REVIEW › Section 795-2-2-.01 - Informal Administrative Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever possible, the Department shall
			 attempt to resolve an applicant or client complaint informally if it is likely
			 to result in a timely resolution of the matter. The appropriate department
			 staff member shall inform an applicant or client of the opportunity to request
			 an informal administrative review and the name and address of the Department
			 area, unit or district supervisor, as appropriate, with whom an administrative
			 review may be filed.
(2) An
			 applicant or client shall file a written request for an informal administrative
			 review with the appropriate department supervisor within ten (10) calendar days
			 of the date of receipt of the issuance of the notice of action as specified in
			 Administrative Code Rule
			 795-2-1-.01,
			 above. The supervisor shall immediately communicate the request for an informal
			 administrative review to the Department.
(3) Within ten (10) calendar days of receipt
			 of the request the Department shall appoint an area, unit or district
			 supervisor and a staff member who have not been directly involved with the
			 applicant or client to serve as a review team, and shall notify the applicant
			 or client by first class mail of the time and place for the review.
(4) The review team shall consider all the
			 records of the Department concerning the applicant's or client's complaint, any
			 other pertinent documents or information, and any writings, documents or oral
			 communication presented to it by the client or applicant.
(5) The review team shall conduct the
			 informal review as expeditiously as possible, but in no event more than thirty
			 (30) days after receipt of the request by the Department, unless extended by
			 agreement or for good cause shown.
(6) The review team shall issue a written
			 decision within fifteen (15) calendar days of the date of completion of the
			 review. The decision of the informal administrative review shall be
			 communicated to the client or applicant in the same manner as a notice of
			 proposed action.
(7) The informal
			 administrative review decision shall be made a part of the applicant's or
			 client's record.
Author:
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-3 - MEDIATION › Section 795-2-3-.01 - Mediation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to
			 an administrative review, an applicant or client applying for or receiving
			 services from Adult Vocational Rehabilitation Services (AVRS) who files a
			 complaint regarding an AVRS determination may request mediation. Mediation is a
			 voluntary process in which an applicant or client and an AVRS representative
			 work with an impartial mediator to attempt to resolve a dispute.
(2) To request mediation, an applicant or
			 client shall file a written request specifying the reasons why mediation is
			 requested with the Commissioner within fourteen (14) calendar days of the date
			 of receipt of the issuance of the notice of action as specified in
			 Administrative Code Rule
			 795-2-1-.01,
			 above.
(3) Within ten (10) calendar
			 days of receipt of the request, the Department shall randomly select an
			 individual from a list of qualified mediators who are knowledgeable about the
			 laws and regulations concerning vocational rehabilitation services. The
			 mediation process cannot deny or delay the applicant or client's right to
			 pursue resolution of the dispute through a formal hearing or any other rights
			 described in this chapter. At any point during mediation, either party or the
			 mediator may decide to end the mediation. When mediation is ended, the
			 applicant or client may pursue resolution through a formal hearing.
(4) The mediation shall be timely scheduled,
			 but in no event more than thirty days after receipt of the request by the
			 Department, unless extended by agreement or for good cause shown. The mediation
			 shall be held in a location that is convenient to all parties. Any needed
			 accommodations must be requested prior to the mediation session.
(5) The Department shall pay the cost of
			 mediation. However, the Department shall not pay for costs related to the
			 applicant or client's representation by counsel or any other advocate.
(6) Discussions that occur during
			 the mediation process shall be kept confidential and not used as evidence in
			 any subsequent formal hearing or civil proceeding. The parties may be required
			 to sign a confidentiality agreement before mediation begins.
(7) Any agreement reached during mediation
			 must be in writing and signed by all parties. Copies of the agreement shall be
			 sent to both parties.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9(1).
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.01 - Request For Formal Hearing And Appointment Of Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If an
			 individual is dissatisfied with the decision of an informal administrative
			 review team, or if an applicant or client chooses to forego their right to
			 request an informal administrative hearing, the individual may request a formal
			 hearing by submitting a written request for a hearing addressed to the
			 Commissioner.
(2) The request shall
			 specify the reason{s) why the hearing is requested, shall state with reasonable
			 particularity the relief sought, and shall not be based on generalized
			 grievances not directly related to the provision of services to the individual
			 with a disability.
(3) The request
			 for a formal hearing must be received by the Commissioner within fourteen {14)
			 calendar days of the date of receipt of the notice of proposed action or within
			 fourteen (14) calendar days of receipt of an informal administrative review
			 decision when one has been requested. Any individual who has requested an
			 informal administrative review may withdraw such request at any time prior to
			 the issuance of the informal administrative review decision. Failure of an
			 individual or party to request a hearing within fourteen (14) days shall
			 constitute a waiver of the right to demand a formal hearing and shall cause the
			 Department action to become final without further review.
Previous Chapter 795-2-3 was numbered New Chapter 795-2-4 per
				  certification published March 31, 2022; effective May 15,
				  2022.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.02 - Conduct Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 the conduct of a hearing, a hearing officer shall have the following authority:
(a) establish a date, time and place for the
			 hearing;
(b) maintain
			 order;
(c) make a record of the
			 proceedings;
(d) establish
			 reasonable time limits for the conduct of the proceedings;
(e) rule on the admissibility of
			 evidence;
(f) hold a prehearing
			 conference, if necessary, to clarify the matters in dispute; establish the
			 order of presentation; allow and establish time limits for the exchange of
			 exhibits and names of witnesses;
(g) issue subpoenas, discovery orders related
			 to relevant matters, and protective orders in accordance with the Alabama Rules
			 of Civil Procedure, subject to the reasonable costs of issuance of the
			 subpoenas as may be set from time to time by the Commissioner; and enter any
			 order on any other matter which will effectuate the conduct of the
			 hearing.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.03 - Conflict And Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A party to
			 any formal action or contested case who intends to assert bias or conflict on
			 the part of any hearing officer appointed by the Commissioner must do so by
			 filing an affidavit and suggestion of disqualification together with the
			 underlying factual basis for the assertion. The affidavit and suggestion of
			 disqualification must be received by the Commissioner at least three (3) days
			 before the scheduled hearing. In the absence of actual or constructive bias or
			 prejudice, the failure to timely file an affidavit and suggestion of
			 disqualification shall be deemed a waiver of such grounds as error in any
			 appeal.
(2) The hearing officer
			 shall consider the assertion of disqualification on the record as a preliminary
			 matter at the hearing before any other question is decided.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9;
				  41-22-18.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.04 - Settlement And Informal Disposition

Current through Register Vol. 42, No. 9, June 28, 2024
Informal dispositions may be made of any matter set for
				hearing by stipulation, agreed settlement, consent order or default or by
				another method agreed upon by the parties. An informal disposition shall be
				reduced to writing, signed by the parties, and made a part of the applicant's
				or client's file.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9;
				  41-22-12(g).
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.05 - Record Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 record of a hearing shall include:
(a) the
			 notice of proposed action;
(b) the
			 request for a hearing;
(c) the
			 administrative review decision, if any;
(d) all evidence received during the
			 hearing;
(e) a statement of all
			 matters officially noticed;
(f) a
			 transcript of the proceedings;
(g)
			 all questions and offers of proof, objections and rulings thereon;
(h) the written decision and recommendation
			 of the hearing officer; and
(i) the
			 decision and final order of the Commissioner, if applicable.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.06 - Rules Of Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of evidence as provided in the
Code of
				Ala. 1975
, §
								41-22-13 shall apply to all hearings conducted under these rules.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.07 - Hearing Officer's Decision And Recommendation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon completion of a hearing, the hearing
			 officer shall prepare a written decision and recommendation. The decision shall
			 contain a statement of facts found by the hearing officer, a recitation of the
			 application of the facts found to the applicable statutes, rules, regulations,
			 policies, and procedures, and a proposed recommendation as to the merits of the
			 matters presented for review.
(2)
			 The hearing officer's decision and recommendation along with the record shall
			 be submitted to the Commissioner within thirty (30) calendar days after the
			 hearing is concluded. The hearing officer's decision and recommendation shall
			 be communicated by the Department in person or by certified mail.
(3) The hearing officer's decision and
			 recommendation shall be final unless any party brings a civil action for review
			 of such decision in any state court of competent jurisdiction or in a district
			 court of the United States of competent jurisdiction.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §
										21-9-9
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.10 - Dismissal Of Administrative Review Or Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a party fails without good cause to
			 appear at either an administrative review or a formal hearing after proper
			 service of notice, the review team or hearing officer may in its discretion
			 proceed with the review or hearing and make a decision in the absence of the
			 party.
(2) A request for
			 administrative review or hearing may be denied or dismissed for the following
			 reasons:
(a) the individual withdraws the
			 request in writing;
(b) the
			 individual makes a request that is contrary to the regulations of the
			 program;
(c) the individual
			 abandons the request for administrative review or a hearing when, without good
			 cause, the applicant or client fails to appear.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.11 - Computation Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
If the last day of a time period falls on a Saturday, Sunday,
				or holiday authorized by
Code of Ala. 1975
, §
								1-3-8,
				then the last day of the time period shall be the next working
				day.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.12 - Continuity Of Services Pending Administrative Or Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Subsequent to a
			 request, and during the pendency of any administrative review, formal hearing,
			 or other judicial proceeding, unless the Department or designated service
			 provider and the client, parent or legal guardian in the case of a minor child
			 agree otherwise, the Department shall not institute a suspension, reduction, or
			 termination of services being provided unless such services have been obtained
			 through misrepresentation, fraud, collusion, or criminal conduct on the part of
			 the individual with a disability.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-2-4 - FORMAL HEARINGS › Section 795-2-4-.13 - Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
A party who has exhausted all administrative remedies available
				and who is aggrieved by a final order may seek judicial review pursuant to the
				provisions of the
Code of Ala. 1975
, §§
								41-22-20 and
				41-22-21.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9;
				  41-22-21.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-3-1 - EARLY INTERVENTION PROGRAM › Section 795-3-1-.01 - General Information

Current through Register Vol. 42, No. 9, June 28, 2024
A system that provides early intervention services under the
				Individuals with Disabilities Education Act (IDEA) for children, birth through
				two years of age, who are experiencing developmental delay(s) in one or more of
				the five developmental areas (cognitive, physical including vision and hearing,
				communication, social or emotional, adaptive), or who have a diagnosed physical
				or mental condition that has a high probability of resulting in developmental
				delay(s). Under Alabama law, the Department serves as the designated lead
				agency for this statewide system. Cf.
Code of Ala.
				1975
, §§
								21-3A-1.
				-and
				21-9-2(3)
				b.
(a)
Adoption of Existing
			 Rules by Reference.
In order to provide continuity in the provision of
			 early intervention services, the Board of Rehabilitation Services, subject to
			 the amendments provided for in Alabama Administrative Coder. 795-1-1-.17(2),
			 adopts by reference those rules, policies and guidelines promulgated and in
			 effect as of December 31, 1994, as applied to the provision of early
			 intervention services and contained in Chapter 290-070-050 of the Alabama
			 Administrative Code.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9,
				  41-22-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-3-1 - EARLY INTERVENTION PROGRAM › Section 795-3-1-.03 - Determination Of Suitability Of Employees Serving In DHR Licensed Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of employment, the Department shall determine the
				suitability of employees of early intervention services and early intervention
				service providers for employment involving unsupervised access to children at
				Alabama Department of Human Resources ("DHR") licensed facilities. The
				Department shall adopt and apply the suitability criteria of
Code
				of Ala. 1975
, §
								38-13-2,
				in determining such suitability. The Department shall request that the Alabama
				Law Enforcement Agency ("ALEA"} conduct a nationwide criminal history
				background information check for the purpose of determining whether an employee
				who shall have unsupervised access to children or individuals with disabilities
				has been convicted of a crime that bears upon the fitness of the employee to
				provide care or to have responsibility for the safety and well-being of
				children or individuals with disabilities.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										32-2-60 et
				  seq.,
				  41-22-1 et
				  seq.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-3-1 - EARLY INTERVENTION PROGRAM › Section 795-3-1-.04 - Procedural Safeguards

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Surrogate Parents. When no parent or guardian can be identified, the eligible
			 infant or toddler shall be represented by a surrogate parent on any occasion
			 when a parent would normally be involved in an early intervention decision.
(a)
Determination of the Need for
			 a Surrogate Parent
. A surrogate parent is needed when:
1. No parent or guardian can be identified,
			 or
2. The agency or designated
			 service provider, after reasonable efforts, cannot discover the whereabouts of
			 a parent or guardian, or
3. The
			 infant or toddler is a ward of the state under state law.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-3-1 - EARLY INTERVENTION PROGRAM › Section 795-3-1-.06 - Forms Appendix (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-9, et seq.,
				   34 C.F.R. §§301.1  et seq.;  20 U.S.C. §
											1431.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.01 - General Information

Current through Register Vol. 42, No. 9, June 28, 2024
CRS is a program of a State agency providing medical and
				rehabilitation services, coordination and support services for children and
				adolescents with special health care needs and their families through a network
				of community-based offices located throughout Alabama.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13 and
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following words and phrases when used in this chapter
				shall, for the purpose of this chapter, have meanings respectively ascribed to
				them in this section, except when the context otherwise requires:
(1)
CRS
. Children's
			 Rehabilitation Service.
(2)
Children with Special Health Care Needs
. Children who
			 have chronic physical or developmental conditions and who require health and
			 related service of a type or amount beyond that required by children
			 generally.
(3)
Agency
. CRS including local offices throughout the
			 state.
(4)
Staff
. Nurses, social workers, physical therapists,
			 occupational therapists, speech-language pathologists, audiologists and
			 registered dietitian nutritionists; all licensed to practice in the State of
			 Alabama. Additional staff are patient accounts managers and administrative
			 support assistants._
(5)
Client
. An individual between birth and 21 years of
			 age (with the exception of adults with hemophilia) who is receiving services
			 through CRS.
(6)
Advisory Committees
.
(a)
Medical Clinic Advisory
			 Committee
. Comprised of physicians who specialize in such areas as
			 orthopedics, plastic surgery, pediatrics, neurosurgery, neurology,
			 ophthalmology, otology, urology, surgery and other appropriate specialties.
			 Members are CRS Clinic physicians and meet at least annually with staff to
			 evaluate specific CRS medical clinics relative to the CRS medical
			 program.
(b)
State
			 Parent Advisory Committee (SPAC)
. This committee is composed of
			 the State Parent Consultant, Local Parent Consultants, and at least one other
			 representative from each Local Parent Advisory Committee to make
			 recommendations for the CRS program and bring concerns and suggestions from the
			 Local Parent Advisory Committees.
(c)
Local Parent Advisory
			 Committees (LPAC)
. Each LPAC is composed of a CRS Parent
			 Consultant and parents and/or guardians of children served by CRS and other
			 families. LPAC representatives attend the SPAC.
(d)
Youth Advisory Committee
			 (YAC)
. Provides youth with the opportunity to inform CRS of the
			 needs of youth with special health care needs through collaboration with a
			 Youth Consultant.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.03 - Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
Any individual with a special health care need who is a legal
				resident of the State of Alabama and between birth and 21 years of age (with
				the exception of adults with hemophilia who are over 21) may be served by CRS
				through one or more of the agency's programs.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.04 - Referral

Current through Register Vol. 42, No. 9, June 28, 2024
An oral or written referral may be received from a family, a
				physician, an agency, an interested individual or directly from a potential
				client and may be directed to any office of CRS.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.05 - Enrollment

Current through Register Vol. 42, No. 9, June 28, 2024
CRS staff meet with clients/families during enrollment to
				obtain medical and social history information, complete a needs assessment to
				develop a POC, obtain written consent, determine the family's financial
				resources and determine the need for referral to other agencies. Clients may be
				enrolled in any CRS Office regardless of where the family resides in the State
				of Alabama.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.06 - CRS Programs

Current through Register Vol. 42, No. 9, June 28, 2024
CRS provides services in the following program areas:
(1)
Information and
			 Referral
. An information and referral program for children with
			 special health care needs and their families is provided to direct individuals
			 to all available resources.
(2)
Clinical Medical
. Medical and rehabilitative services
			 are provided through CRS clinics. Care is based on a treatment plan and
			 delivered to clients with an eligible diagnosis by way of a multidisciplinary
			 team consisting of, as appropriate, a physician, discipline and clerical
			 staff.
(3)
Clinical
			 Evaluation
. Specialized evaluation services are provided to
			 clients, including follow-up as appropriate through multidisciplinary teams.
			 Physician referrals are obtained as appropriate.
(4)
Patient/Family
			 Education
. Information is provided to clients and their families
			 regarding diagnoses, treatment, resources, etc., as needed.
(5)
Care
			 Coordination
. Care coordination services are provided to assist
			 clients and families in identifying, accessing and utilizing community
			 resources to effectively meet their needs.
(6)
Parent Connection
			 Program
. Parent Consultants coordinate opportunities for CRS
			 families to partner with CRS leadership by exchanging information through local
			 and SPACs, newsletters and parent support networks.
(7)
Youth Connection
			 Program
. Youth Consultants facilitate youth connections and
			 involvement in policy development and decision making through the YAC and other
			 mediums.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8, and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.07 - Family Application For Additional Resources

Current through Register Vol. 42, No. 9, June 28, 2024
Clients/families are required to apply for other appropriate
				resources such as insurance and patient assistance programs which may be
				available to them.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.09 - Third Party Resources

Current through Register Vol. 42, No. 9, June 28, 2024
Third party resources such as insurance and/or patient
				assistance programs, etc., available to a client are utilized prior to CRS
				making an expenditure.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.10 - Client Records

Current through Register Vol. 42, No. 9, June 28, 2024
Client records are maintained through accurate documentation of
				services provided to clients and families.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.11 - Requests For Client Information

Current through Register Vol. 42, No. 9, June 28, 2024
Client information is requested when needed for evaluation or
				for continuation of care.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through 21 9-13,
				  21-3-1
				  through
				  21-3-8 and
				  16-38-1
				  through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.12 - Authorization For Payment Of Services

Current through Register Vol. 42, No. 9, June 28, 2024
Payment of services must be authorized by CRS prior to the
				provision of specified services.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through 21 9-13,
				  21-3-1
				  through
				  21-3-8 and
				  16-38-1
				  through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.13 - Interpreter Services

Current through Register Vol. 42, No. 9, June 28, 2024
Interpreter services are arranged in advance when known
				clients/families not fluent in English, or who are d/Deaf or hard of hearing
				receive direct services provided by CRS staff and/or vendors or participate in
				CRS sponsored events. Interpreter services are also provided when requested in
				advance by families not known to CRS for participation in the intake process or
				related follow-up or for participation in a CRS sponsored event such as
				meetings or trainings.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.14 - Supplemental Security Income Program

Current through Register Vol. 42, No. 9, June 28, 2024
Rehabilitation services covered by CRS are provided for blind
				and disabled individuals under the age of 16 years receiving benefits under
				Title XVI of the Social Security Act, to the extent that medical assistance is
				not provided under Title XIX (Medicaid).
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.15 - Physician Or Dentist Enrollment

Current through Register Vol. 42, No. 9, June 28, 2024
CRS enrolls only Board eligible/Board certified physicians and
				licensed dentists. Except through special exception programs,
				physicians/dentists providing CRS authorized services for clients outside the
				CRS setting will be responsible for billing to the client's insurance (i.e.,
				Medicaid, CHIP and/or private insurance) based on the CRS payor of last resort
				policy.
Rule 795-4-1-.15, Advisory Committees was repealed and Rule
				  .16 was renumbered to .15 per certication filed June 17, 2019; effective August
				  1, 2019.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.16 - Resident Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
Physicians-in-training must work under the direct supervision
				of a CRS vendor physician in CRS clinics, making recommendations and/or issuing
				orders only with the approval of the CRS vendor physician.
Rule .17 was renumbered to .16 per certification filed June
				  17, 2019; effective August 1, 2019.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.
Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-4-1 - CHILDREN'S REHABILITATION SERVICES PROGRAM › Section 795-4-1-.17 - Payment For Services

Current through Register Vol. 42, No. 9, June 28, 2024
CRS will withhold payment from any provider or person who has
				knowingly or willfully made or caused to be made, any false statement in
				application for payment under Title XVIII of the Social Security Act; or, who
				has submitted, or caused to be submitted, bills or requests for payment under
				Title XVIII of the Social Security Act in excess of customary charges; or who
				has furnished services or supplies substantially in excess of the needs of the
				client, or harmful, or of grossly inferior quality.
Rule .18 was renumbered to .17 per certification filed June
				  17, 2019; effective August 1, 2019.
Author:
Alabama Board of Rehabilitation
				  Services
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-9-1 through
				  21-9-13,
				  21-3-1 through
				  21-3-8 and
				  16-38-1 through
				  16-38-9.