Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 10 - Division of Services for the Blind › Rule 016.10.07-001 - Staff Responsibilities and Guidelines for delivering Vocational Rehabilitation Services

Current through Register Vol. 49, No. 6, June, 2024
Protection of Legal Rights OVERARCHING
				POLICY
Introduction
Certain principles and guidelines
				extend over all DSB policies.
Therefore, overarching policy has been created to preface the
				specific program policies.
Overview Consumers and potential consumers of the Arkansas
				Division of
Services for the Blind are afforded certain rights with respect
				to the_following principles:
timeliness of services/decisions/notifications,
nondiscriminatory availability of services,
confidentiality of consumer records,
informed choice (see VR 6.01 -6.16),
allowances for exemptions to policy limitations under
				reasonable extenuating circumstances, and
an opportunity to appeal decisions regarding their planned
				services or their eligibility for such services.
Additionally, it is intended that consumers of this agency
				receive the best and most appropriate services available within agency
				guidelines and funding capabilities.
Use
While the guidelines and procedures contained
				herein will serve as general policy, specific legal questions which are not
				addressed may be referred to the Agency Director through appropriate
				supervisory channels. The Office of Chief Counsel is also available to address
				specific legal questions.
When to
Consumers will be notified of their rights
				at the initial interview
Inform
and throughout the VR process as
				appropriate, i.e., development of
IPE, Progress/Program Reviews, closure, etc.
TIMELINESS
Timely
DSB consumers have a right to timely action
				without unreasonable
Action
delays in regard to eligibility
				determination, provision of services,
case decisions, notifications and other activities. VR
				Counselors will follow timeframes as stated in policy. When necessary, the VR
				Counselor and the consumer may agree to a specific extension of time needed to
				complete an action. Such extensions should be documented in the case
				record.
EXEMPTIONS
Allowing for
DSB recognizes that occasionally
				medical emergencies or other
Exemptions
circumstances beyond the consumer's
				control occur, preventing the consumer from completing an activity within
				allotted timeframes or causing a need for additional services. In these
				situations, the consumer may request an exemption to policy limits. Depending
				on the policy affected, a VR Counselor, Field Supervisor or Program
				Administrator would review the situation and determine if reasonable
				extenuating circumstances existed and whether an exemption to policy
				limitations should be approved.
Applicant/
An applicant/consumer may choose to
				request either or both of the
Consumer
options listed below:
Options
an informal review (informal administrative review)
a formal review (impartial hearing)
An informal review is used to clarify issues and resolve
				disputes at the lowest possible level. The review involves the counselor, the
				area supervisor, and if necessary, an informal administrative hearing. Services
				are provided according to the rehabilitation needs of each individual as
				identified in the IPE and are consistent with the individual's informed choice.
				If an informal review finds exemptions to policies are necessary for the
				rehabilitation needs of the individual to be met, then such exemptions can be
				made. AN INFORMAL REVIEW IS NOT INTENDED TO DELAY OR IN ANY WAY DENY ACCESS TO
				A FORMAL REVIEW. Any planned services will continue to be provided pending the
				outcome of the appeal or review.
A formal review involves a formal hearing by an impartial
				hearing officer. It may be requested at any time.
Due Process
The grievance procedure starts the 45
				day clock at the time the
Procedures
individual first appeals the State
				Agency's decision or determination. The entire appeals process, informal and
				formal, is a 45-day process. The appeals procedure will normally progress in
				the following sequence:
Step
Procedure
1
Applicant/consumer should discuss with counselor and
						  ask for a decision.
2
If dissatisfied, applicant/consumer can ask for an
						  informal administrative review from a Program Administrator.
3
If still dissatisfied, applicant/consumer can ask for a
						  mediation session.
4
If still dissatisfied, applicant/consumer can ask for
						  an impartial hearing.
Eligibility
DETERMINATION OF ELIGIBILITY - IMMIGRANTS
Aliens
The counselor must consider for every
				individual/applicant whether there is a presumption that the individual can
				benefit from VR services
and
work in the
				United States after services are provided. An individual must have the required
				document(s) to work in the United States.
Required
Required documents for working in the
				United States may include,
Documents
but are not limited to:
Valid Social Security Card
Valid Driver's License
Valid Non-Driver Identification Card (issued by the Department
				of Motor Vehicles)
U.S. passport
Certificate of Naturalization
Certificate of Citizenship
If the individual is not a citizen of the United States, one of
				the following documents must be presented at application:
Form 1-551 (includes machine-readable immigrant visa with the
				applicant's unexpired foreign passport);
1-94 with the applicant's unexpired foreign passport; or
Work permit card from the Department of Homeland Security
				(1-766 or I-688B)
Illegal Aliens
By definition, individuals in the
				United States without legal status are not eligible for VR services.
Plan
The IPE may be jointly developed between the
				VR counselor and
Development
the consumer or the consumer may
				develop all or part of the plan independently or with technical assistance from
				another source. If the consumer chooses the latter option, the counselor must
				provide the consumer with:
Information on the availability of assistance, to the extent
				the consumer determines appropriate
A description of the full range of components that shall be
				included in the IPE
An explanation of agency guidelines and criteria associated
				with financial commitments concerning the IPE
Additional information requested by the consumer or
				information deemed necessary by the agency
Information on the availability of assistance in completing
				designated State agency forms required in developing the IPE
A description of rights and remedies available to the
				consumer
The availability of the client assistance program.
The IPE must be developed in accordance with any applicable fee
				schedule along with the methodology to permit exemptions so individual needs
				can be addressed.
The counselor will document in the case narratives the
				counseling provided at IPE development.
Design
The IPE must be designed to achieve the
				specific employment outcome chosen by the individual and be consistent with the
				individual's unique strengths, resources, priorities, concerns, abilities,
				capabilities, career interests, and informed choice. The documentation should
				show that there is adequate labor market demand to support the employment
				outcome chosen. If relocation would be required for the employment outcome
				chosen, the consumer must agree to relocate to an area with sufficient labor
				market demand for the chosen employment outcome prior to the signature and
				initiation of the IPE. The individual should acknowledge that he/she is
				familiar with the entry-level wages that are common in the chosen
				vocation.
90-day
The IPE will be developed concurrently or
				within 90 days after a
Time Frame
Certificate of Eligibility for VR
				Services, a Certificate of
Eligibility for Trial Work Experience, or EE Services has been
				completed.
NOTE: Transition cases should be treated the same as any other
				case. VR Counselors are not to open a case unless they are going to write an
				IPE within the 90-day time frame.
Plan
The completed plan must be signed and dated by
				the DSB
Approval
counselor and the individual or, if
				appropriate, the individual's representative. Within the framework of a
				counseling and guidance relationship, the DSB counselor is the approving
				authority; therefore, the counselor's signature indicates approval of the IPE.
				A copy of the approved IPE must be given to the consumer or his/her
				representative. The approved IPE must be in accordance with any applicable fee
				schedule along with the methodology to permit exemptions so individual needs
				can be addressed.
Reviews
The IPE is to be reviewed at least
				annually.
Amendments
The IPE will be amended each time a
				substantial change is made in the consumer's rehabilitation program. The IPE
				can be amended at anytime utilizing informed choice. A copy of all amendments
				will be provided to the consumer.
Amendments do not take effect until agreed to and signed by the
				DSB counselor and the consumer or the consumer's representative.
NOTE: A new IPE must be completed when a consumer is moved from
				Trial Work Experience or EE services to an accepted status.
Post-Employment Services
CASE RECORDING OF POST-EMPLOYMENT SERVICES
Introduction
Once the counselor determines the
				appropriateness of post-
employment services, proper case recording must be followed. To
				record services, the counselor must
develop an IPE post-employment program, and
document post-employment services on the IPE closure
				form.
IPE Post-
The IPE post-employment program will
				include
Employment
Program
documentation supporting the need for
				post-employment services,
what services will be provided, and
how the program will be monitored.
No Transfers
Cases in post-employment, Status 32,
				cannot be transferred out.
Termination
The decision to terminate
				post-employment services should be
made on an individual basis in consultation with the consumer,
				and
based on the counselor's professional judgment.
Termination
When making such a judgment, counselors
				will consider whether
Criteria
the following criteria have been
				met:
the precipitating problem which required post-employment
				services has been satisfactorily remedied
the consumer has attained sufficient independence to function
				without continuing post-employment services
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Anesthesia
Payments may be made to anesthetists and
				anesthesiologists not included in the hospital costs. Counselors will pay
				$42.00 a point for anesthesia and $42.00 per unit of time.
A unit of time can be up to 15 minutes. Therefore if a
				procedure required 16 minutes, the Counselor would pay for two units at $42.00
				per unit.
To determine the amount DSB will pay for a procedure, multiply
				the point value of the procedure times the $42.00 cost per point. Then multiply
				the number of units times the $42.00 cost per unit of time. Then add the two
				totals together.
For example, if the Counselor were to pay for 10 points and 9
				units, the payment would be $798.
* $42 per point x 10 points = $420
* $42 per unit x 9 units = $378
* $420 for the points + $378 for the units = $798
				payment)
Physical and
Payments for physical therapy services
				other than those furnished
Occupational
as a part of hospital or clinic
				treatment may include payments for
Therapy
such services as massage, heat treatment,
				water treatment, etc.
Physical therapy may be done in the consumer's home,
				convalescent home, center, workshop or elsewhere.
Occupational therapy is an activity, mental or physical,
				prescribed by a physician for remedial value. It covers a wide range of tasks,
				such as weaving, woodworking, leatherwork, photography, metal work, and other
				crafts, when prescribed as treatment.
DSB will pay for physical or occupational therapy only:
* upon the recommendation of a medical specialist, and
* when the treatment is given under the direction of a medical
				specialist.