reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-6 - "Budget review questionnaire" or "BRQ" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 6.
"Budget review questionnaire" or "BRQ" means a set of qualifying questions to determine why a budget review is necessary that is submitted by the individual's case manager based on information provided by the IST.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-7 - "Bureau of developmental disabilities" or "BDDS" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1-1; IC  12-11-2.1
Sec. 7.
"Bureau of developmental disabilities" or "BDDS" means bureau of developmental disabilities services as created under IC  12-11-1.1-1.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-8 - "Division" or "DDRS" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-9-1-1; IC  12-11-1.1; IC  12-11-2.1
Sec. 8.
"Division" or "DDRS" means the division of disability and rehabilitative services created under IC  12-9-1-1.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-9 - "ICAP addendum" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 9.
"ICAP addendum" means the assessment used that determines an individual's level of functioning on behavioral and health factors.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-10 - "Individual" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 10.
"Individual" means a person with a developmental disability who has been determined eligible for waiver services by BDDS. If the term is used in the context indicating that the individual is to:
(1) receive information; or
(2) provide agreement to some activity;
the term also includes the individual's legal representative.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-11 - "Individualized support plan" or "ISP" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 11.
"Individualized support plan" or "ISP" means a plan that establishes supports and strategies, based upon the person centered planning process, intended to accomplish the individual's long-term and short-term outcomes by accommodating the financial and human resources offered to the individual through paid provider services or volunteer services, or both, as designed and agreed upon by the IST.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-12 - "Individualized support team" or "IST" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 12.
"Individualized support team" or "IST" means a team of persons, including the following:
(1) An individual.
(2) The individual's representative, if applicable.
(3) The individual's providers.
(4) The individual's case manager, if indicated.
(5) A BDDS representative.
(6) Other persons identified by the individual or the individual's legal representative, if applicable, who assist the individual in the development and implementation of the individual's ISP.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-13 - "Inventory for client and agency planning" or "ICAP"

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 13.
"Inventory for client and agency planning" or "ICAP" means an assessment that determines an individual's level of functioning for broad independence and general maladaptive factors.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-14 - "Notice of action" or "NOA" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 14.
"Notice of action" or "NOA" means the document that outlines the approved service hours an individual may receive from providers.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-15 - "Objective based allocation" or "OBA" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 15.
"Objective based allocation" or "OBA" means the method used by the state to determine an individual's budget based on the level of supports an individual needs in order to live in a community setting.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-16 - "PAR unit" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 16.
"PAR unit" means the group of individuals knowledgeable in the field of physical and intellectual disabilities who review all submitted pertinent information about an individual's life.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-17 - "Personal allocation review" or "PAR" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 17.
"Personal allocation review" or "PAR" means a review of key documents, assessments, and events in an individual's life to substantiate an individual's algo level or recommend a change in algo level.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 3 - Definitions › Section 3-18 - "RHS" defined

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 18.
"RHS" means residential habilitation and support services administrated by DDRS through the home and community based services waiver approved by the Centers for Medicare and Medicaid Services under Section 1915(c) of the Social Security Act.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 4 - Determining the Objective Based Allocation › Section 4-1 - Determining the objective based allocation

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
(a) The OBA is determined by combining the following elements:
(1) The overall algo score, which is determined by the following:
(A) The ICAP.
(B) The ICAP addendum.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 5 - Algo Levels › Section 5-1 - Algo levels

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
The algo levels are as follows:
(1) Algo level zero (0):
(A) high level of independence with few supports needed;
(B) no significant behavioral issues; and
(C) requires minimal residential habilitation services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 5 - Algo Levels › Section 5-2 - OBA service hours

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 2.
OBA service hours are as follows:
ALGO Level
Individual RHS Daily Hours
0
1
2
3
4
5 and 6
Low
Basic
Regular
Moderate
High
Intensive and High Intensive
Living with Family
0.2
2
3
5
7
8
Living with One Housemate or Sharing Staff with One Individual
0.2
2.6
5.3
7.8
11
12
Living with Two Housemates or Sharing Staffing with Two Individuals
0.2
2.6
4.6
7.8
10.1
11
Living with Three Housemates or Sharing Staff with Three Individuals
0.2
2.4
4.3
7.3
9.4
10
BMAN Reserve (Annual hours)
0
0
36
72
108
144
Day Service Reserve ($/Year)
Not Attending School
$ 10,500.00
$ 10,500.00
$ 10,500.00
$ 10,500.00
$ 10,500.00
$ 18,000.00
Attending School or under 19 Years of Age
$ 5,500.00
$ 5,500.00
$ 5,500.00
$ 5,500.00
$ 5,500.00
$ 5,500.00
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 6 - Shared Staffing › Section 6-1 - Shared staffing

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
(a) For individuals deemed appropriate to share staffing, it is expected that they will have housemates or another BDDS approved staffing model.
(b) Only individuals determined by BDDS to be incapable of utilizing shared staffing may receive a budget for living alone.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 7 - Behavioral Support Services › Section 7-1 - Behavioral support services for individuals with behavioral needs

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
An individual with behavioral needs is expected to utilize behavioral support services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 8 - Personal Allocation Review › Section 8-1 - Personal allocation review

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
(a) An IST may request a PAR through the case manager via a BRQ.
(b) The BRQ is submitted to the BDDS office and then to the PAR unit for review.
(c) If an individual has not received the BRQ results prior to the new plan start date, the case manager may request a BMR monthly until the BRQ results are completed by the PAR unit.
(d) The PAR unit will notify the case manager of any change in algo or allocation based on the review by the PAR unit.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 9 - Appeal Process › Section 9-1 - Appeal process

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 1.
(a) If the IST is dissatisfied with a PAR, or wishes to appeal without a PAR, the IST may appeal one (1) or more of the OBA components after the NOA has been generated.
(b) A description of the appeal process shall be placed on the back page of the NOA.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 9 - Appeal Process › Section 9-2 - Right to appeal and have a fair hearing

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 2.
(a) If an individual's application or service is denied, the individual may file an appeal within thirty (30) days of the decision date shown on the NOA.
(b) The time limit for filing an appeal is extended by three (3) days if the NOA is sent by U.S. mail.
(c) Home and community based services benefits will continue if an appeal is filed within the required time frame. If individual appeals and the individual's benefits are continued, and if the individual subsequently loses the appeal, the individual may be required to repay assistance paid on the individual's behalf, pending the release of the appeal hearing decision.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 13 - OBJECTIVE BASED ALLOCATION › Rule 9 - Appeal Process › Section 9-3 - How to request an appeal

Current through July 10, 2024
Authority: IC  12-8-8.5-4; IC  12-9-2-3; IC  12-11-1.1-9; IC  12-11-2.1-12
Affected: IC  12-11-1.1; IC  12-11-2.1
Sec. 3.
(a) To file an appeal, an individual or the individual's representative must sign, date, and return the hearings and appeals copy of the NOA to the office of hearings and appeals.
(b) The office of hearings and appeals will contact the appellant or the appellant's representative in writing and provide notice of the time, date, and location for the hearing.
(c) Prior to, or at the hearing, the appellant or the appellant's representative shall have the right to examine the entire contents of the case record maintained by the case manager.
(d) The appellant may:
(1) represent himself or herself at the hearing; or
(2) authorize a representative to do so.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 1 - Purpose › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The purpose of this article is to set forth rules for the
				  state-federal vocational rehabilitation program in the state of Indiana, as
				  authorized under the Rehabilitation Act of 1973 (
				  29 U.S.C.
				  701, et seq.), and implement federal
				  regulations ( 34 CFR 361, et seq.), as amended.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
This article applies to the following:
(1) The designated state agency and
				designated state unit charged with the provision of vocational rehabilitation
				services in the state of Indiana.
(2) Individuals who are referred and have
				applied for vocational rehabilitation services.
(3) Individuals who have been determined
				eligible for vocational rehabilitation services and their family members,
				advocates, and other representatives.
(4) Vocational rehabilitation services
				providers.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-2 - Designated state agency

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
The division of disability and rehabilitative services is
				  the designated state agency.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-3 - Designated state unit

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
The bureau of rehabilitation services is the designated
				  state unit.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-4 - Authority for program administration

Current through July 10, 2024
Authority: IC 12-8-1.5-10; IC 12-8-8.5-4; IC 12-9-2-3; IC
				  12-9-5-1; IC 12-9-5-3; IC 12-9-6; IC 12-11-6
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
In addition to the responsibilities in
				  34 CFR
				  361.13(c), the bureau of
				  rehabilitation services, as the designated state unit, has sole authority
				  for:
(1) state plans for
				rehabilitation services as required under federal guidelines; and
(2) contracting with other governmental units
				and public or private entities to provide vocational rehabilitation services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-5 - Conflict with federal regulations

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
If any provision of this article is deemed to be in conflict
				  with the Rehabilitation Act of 1973 (
				  29 U.S.C.
				  701, et seq.) or any other federal or state
				  statute or rule specifically applicable to the vocational rehabilitation
				  program, such other statute or rule shall supersede.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 2 - Applicability › Section 2-6 - References to the Code of Federal Regulations

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 6.
Any reference to a provision of the Code of Federal
				  Regulations (CFR) shall mean the July 1, 2014, edition. The provisions are
				  incorporated by reference. Copies may be obtained from the Government Printing
				  Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available
				  for review and copying at the Indiana Family and Social Services
				  Administration, Office of General Counsel, Indiana Government Center South,
				  Room W451, 402 West Washington Street, Indianapolis, Indiana
				  46204.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-1 - State residency

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program shall not impose, as a condition of referral,
				  application, eligibility determination, or the provision of services, any
				  duration of residency requirement that excludes from services any applicant who
				  is present in the state.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-2 - Statewide availability of services

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
All vocational rehabilitation services provided in Indiana
				  are available statewide, in all geographical regions and political subdivisions
				  of the state, unless excepted under
				  34 CFR
				  361.26.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-3 - Informed choice

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
Each eligible individual has the right to participate fully
				  in his or her own rehabilitation and to make informed choices as defined in 460
				  IAC 14-3-1(48).
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-4 - Involvement of family members and other advocates

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
Each eligible individual has the right to involve family
				  members and other advocates, aides, and representatives in his or her
				  vocational rehabilitation program and to utilize family and community-based
				  supports.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-5 - Integrated setting

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
Vocational rehabilitation services are provided in the most
				  integrated setting possible consistent with each eligible individual's informed
				  choice and the availability of services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-6 - Client assistance program availability

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 6.
Each applicant and eligible individual served by vocational
				  rehabilitation services must be notified regarding CAP availability, services,
				  and contact information.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 4 - General Provisions › Section 4-7 - Appropriate modes of communication

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 7.
The VR program shall make all reasonable efforts to use
				  modes of communication appropriate to each applicant or eligible individual's
				  disability.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-1 - Collection of confidential information

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program is authorized by the Rehabilitation Act of
				  1973, as amended, and implemented under 34 CFR 361, et seq., to obtain and use
				  confidential information for program operation and administration.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-2 - Uses of confidential information

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 2.
Confidential information obtained or generated by the VR
				  program shall only be used to:
(1)
				determine whether an applicant is eligible for vocational rehabilitation
				services;
(2) determine an eligible
				individual's priority for services if the VR program is operating under an
				order of selection procedure;
(3)
				determine the nature and scope of vocational rehabilitation services necessary
				for the eligible individual to prepare for, enter or reenter, and maintain an
				employment outcome;
(4) develop,
				initiate, execute, monitor, assess, and amend an IPE;
(5) provide for the effective, efficient, and
				accountable administration of the VR program; and
(6) comply with federal and state reporting
				requirements.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-3 - Provision of information

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
(a) Each
				applicant or eligible individual must provide information necessary for the VR
				program to determine eligibility for vocational rehabilitation
				services.
(b) An applicant and
				eligible individual may refuse to provide information to the VR program. If
				such refusal effectively prevents the VR program from determining eligibility
				for or providing vocational rehabilitation services, the record of services for
				the applicant or eligible individual shall be closed and all further services
				terminated.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-4 - Disclosures not requiring informed consent

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
In addition to the permitted disclosures in
				  34 CFR
				  361.38, confidential information may be
				  disclosed without the applicant's or eligible individual's informed consent to
				  programs within the division.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-5 - Disclosures requiring informed consent

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
The applicant's or eligible individual's informed consent is
				  required in all cases prior to:
(1)
				viewing or obtaining copies of records of services by the individual or
				individual's representative;
(2)
				provision of copies of any record of services, or the information contained in
				such records, to any individual, program, or entity other than the division,
				including, but not limited to, the CAP;
(3) disclosure of any information regarding a
				diagnosis or the treatment of any individual for:
(A) drug or alcohol abuse;
(B) mental illness; or
(C) HIV, AIDS, or any other infectious
				disease; or
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-6 - Informed consent

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1; IC 16-39; IC
				  16-41-8-1
Sec. 6.
(a) An
				applicant's or eligible individual's informed consent must identify or
				describe:
(1) the individual whose information
				is being requested;
(2) the nature
				and scope of the information to be disclosed;
(3) the person, agency, or other entity
				authorized to make the disclosure;
(4) the person, agency, or other entity to
				which the disclosure is to be made;
(5) if the request is for disclosure of
				information regarding alcohol or drug abuse diagnosis or treatment, mental
				illness, HIV, AIDS, or other infectious disease, a description of how the
				information is to be used; and
(6)
				if the information to be disclosed is to be mailed, the address to which it is
				to be sent.
An applicant or eligible individual may use the informed
				  consent form provided by the VR program that complies with this section.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-7 - Copying fees

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  5-14-3-8; IC
				  12-9-5; IC
				  12-12-1
Sec. 7.
The VR program may charge for copies under IC
				  5-14-3-8(c). All
				  applicable copying fees must be paid in advance, except that no copying fees
				  shall be charged for copies for purposes of:
(1) mediation, informal due process hearing,
				or administrative review;
(2)
				assistance provided by the CAP; or
(3) seeking or obtaining comparable services
				or benefits from another agency or program.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 5 - Collection, Use, and Disclosure of Confidential Information › Section 5-8 - Family member's access to confidential information regarding vocational rehabilitation services

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 8.
(a) A parent
				or a legal guardian of an applicant or an eligible individual is permitted to
				be involved in the individual's vocational rehabilitation services and to have
				access to this information on the same basis as the individual himself or
				herself.
(b) If an individual is an
				adult or emancipated minor, all VR program determinations, actions, and
				information are confidential. Information concerning the individual may be
				disclosed to family members of the individual only if the individual provides
				informed consent.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 6 - Application for Vocational Rehabilitation Services › Section 6-1 - Referrals

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
(a)
				Referrals of individuals for vocational rehabilitation services may be made by
				contacting a local office of the VR program in person, in writing, or by
				telephone. Individuals may be self-referred for vocational rehabilitation
				services.
(b) The referral
				information provided to the VR program must include, at a minimum:
(1) the individual's name;
(2) the individual's contact information,
				including current primary mailing address, e-mail address, and telephone
				number;
(3) the individual's
				disability, if known;
(4) the
				individual's type of vocational rehabilitation need, if known; and
(5) the name of the individual's
				representative if less than eighteen (18) years of age.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 6 - Application for Vocational Rehabilitation Services › Section 6-2 - Applications

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
(a) An
				applicant submits a valid application to the VR program when the applicant or
				the applicant's representative:
(1) completes
				and signs a VR program application for vocational rehabilitation
				services;
(2) provides the
				information necessary to initiate an assessment to determine eligibility and
				priority for services; and
(3) is
				available to complete the assessment process.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-1 - Eligibility criteria

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program's determination of an applicant's eligibility
				  for vocational rehabilitation services must be based on the requirements in
				  34
				  CFR
				  361.42(a).
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-2 - Time limit for determining eligibility

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
(a) An
				eligibility determination must be made within sixty (60) calendar days from the
				date of application and within ten (10) business days of receiving the
				information required to make the determination.
(b) If there are exceptional and unforeseen
				circumstances beyond the control of the VR program that make an extension
				necessary, the applicant and the VR program must agree to extend the deadline
				and include a specific time frame for making the eligibility
				determination.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-3 - Information used to determine eligibility

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
(a) Except as
				provided under trial work experiences for individuals with significant
				disabilities, the VR program must complete a review and assessment of existing
				data for determining eligibility in accordance with
				34 CFR
				361.42(d).
(b) In addition to the existing data used in
				subsection (a), the individual or the individual's representative or family, or
				both, may also provide any relevant information.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-4 - Prohibited factors

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
In making a determination of eligibility under this rule,
				  the VR program shall not consider those factors prohibited in
				  34
				  CFR
				  361.42(c).
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-5 - Trial work experiences for individuals with significant disabilities

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
The VR program shall follow the requirements in
				  34
				  CFR 361.42(e) prior to
				  making any determination that an individual with a disability is incapable of
				  benefiting from vocational rehabilitation services in terms of an employment
				  outcome because of the severity of that individual's
				  disability.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-6 - Extended evaluation for certain individuals with significant disabilities

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 6.
The VR program must follow the requirements in
				  34
				  CFR 361.42(f) if an
				  individual is unable to take advantage of trial work experiences or if options
				  for trial work experiences have been exhausted under section 5 of this
				  rule.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-7 - Ineligibility determination

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 7.
If the VR program determines that an applicant is ineligible
				  for vocational rehabilitation services or determines that an individual
				  receiving services under an IPE is no longer eligible for services, the VR
				  program must follow the requirements in
				  34 CFR
				  361.43 to make an ineligibility
				  determination.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-8 - Closure without eligibility determination

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 8.
The VR program may not close an applicant's record of
				  services without following the requirements set forth in
				  34 CFR
				  361.44.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 7 - Assessment and Eligibility Determination › Section 7-9 - Incarcerated and released correctional system inmates

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 9.
(a) An
				applicant who is incarcerated or is a released correctional system inmate is
				eligible for vocational rehabilitation services if:
(1) the applicant meets the eligibility
				requirements of this rule;
(2) the
				applicant is present in Indiana; and
(3) the length and terms of the applicant's
				incarceration, parole, or probation permit the applicant to:
(A) participate meaningfully in the
				assessment process for determining eligibility and priority for
				services;
(B) complete a program of
				vocational rehabilitation services; and
(C) achieve an employment outcome upon
				completion of vocational rehabilitation services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 8 - Severity Determination › Section 8-1 - Levels of severity

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
(a) An
				individual is an individual with a significant disability if an individual:
(1) meets the requirements set forth in
				34 CFR
				361.5(b)(31); or
(2) has been determined eligible for Social
				Security benefits under Title II or Title XVI of the Social Security Act
				according to 34 CFR
				361.42(a)(3).
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 8 - Severity Determination › Section 8-2 - Functional capacity

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
An individual is an individual with a most significant
				  disability if an individual has a severe physical or mental impairment that
				  seriously limits any three (3) or more of the following functional capacities
				  in terms of an employment outcome:
(1)
				Mobility.
(2)
				Communication.
(3)
				Self-care.
(4)
				Self-direction.
(5) Interpersonal
				skills.
(6) Work
				tolerance.
(7) Work
				skills.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 8 - Severity Determination › Section 8-3 - Multiple vocational rehabilitation services

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
In order to determine the severity of an individual's
				  disability, the VR program must determine that the individual requires the
				  provision of services from any two (2) or more of the following service
				  categories:
(1) Assessment for
				determining vocational rehabilitation needs in accordance with
				34 CFR
				361.45.
(2) Vocational rehabilitation counseling and
				guidance in accordance with
				34 CFR
				361.52.
(3) Physical and mental restoration services,
				to the extent that financial support is not readily available from a source
				other than the VR program, in accordance with the definition in
				34 CFR
				361.5(b)(40).
(4) Vocational and other training
				services.
(5) Job-related services,
				including job search and placement assistance, job retention services,
				follow-up services, and follow-along services.
(6) Supported employment services in
				accordance with the definition of that term in
				34 CFR
				361.5(b)(54).
(7) Rehabilitation technology including
				vehicle modification, telecommunications, sensory, and other technological aids
				and devices, in accordance with the definition of that term in
				34 CFR
				361.5(b)(45).
(8) Technical assistance and other
				consultation services to conduct market analyses, develop business plans, and
				otherwise provide resources to eligible individuals who are pursuing
				self-employment or telecommuting or establishing a small business operation as
				an employment outcome.
(9) Other
				goods and services determined necessary for the individual with a disability to
				achieve an employment outcome.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 8 - Severity Determination › Section 8-4 - Record of services

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
For every individual for whom a severity determination has
				  been made, the individual's record of services must include the
				  following:
(1) The level of severity
				of the individual's disability.
(2)
				All information obtained or generated for the purpose of determining the level
				of severity.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 9 - Order of Selection › Section 9-1 - Order of selection

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
If the VR program determines prior to the fiscal year that
				  the available fiscal or staff resources will be insufficient to serve all
				  existing eligible individuals and applicants who apply for vocational
				  rehabilitation services, the VR program must implement an order of selection.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 9 - Order of Selection › Section 9-2 - Director's responsibilities

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
The director has sole authority to determine:
(1) whether to initiate, continue, or
				terminate an order of selection;
(2) the service priority
				categories;
(3) those service
				priority categories that will receive services; and
(4) the deferred services waiting list for
				those individuals not receiving services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 9 - Order of Selection › Section 9-3 - Service priority categories

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 3.
(a) Under
				order of selection, the VR program shall provide vocational rehabilitation
				services in the following order:
(1) First
				priority to individuals with most significant disabilities.
(2) Second priority to individuals with
				significant disabilities.
(3) Third
				priority to all other eligible individuals.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 9 - Order of Selection › Section 9-4 - Deferred services waiting list

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
(a) The VR
				program shall maintain a deferred services waiting list for eligible
				individuals assigned to a service priority category not currently receiving
				vocational rehabilitation services. Individuals shall be placed on the deferred
				services waiting list by service priority category and, within each service
				priority category, in chronological order by date of application.
(b) The deferred services waiting list shall
				consist of a single, statewide list.
(c) Each eligible individual placed on the
				deferred services waiting list shall remain on the list until such time as:
(1) vocational rehabilitation services become
				available to the eligible individual's service priority category;
(2) the VR program suspends or terminates the
				order of selection and opens all service priority categories;
(3) the VR program reassigns the eligible
				individual to a service priority category receiving vocational rehabilitation
				services based on a reassessment of the eligible individual's
				disability;
(4) the eligible
				individual asks to be removed from the deferred services waiting list;
				or
(5) the counselor demonstrates
				that the eligible individual is no longer eligible for vocational
				rehabilitation services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 10 - Case Closure › Section 10-1 - Case closure determinations

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program has sole authority to close cases and shall
				  not delegate this authority to any other agency or
				  individual.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 10 - Case Closure › Section 10-2 - Case closure for individuals who have achieved an employment outcome

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
The record of services for an eligible individual who has
				  achieved an employment outcome may be closed pursuant to the requirements set
				  forth in
				  34
				  CFR 361.56. For purposes of this section, the
				  eligible individual's employment outcome must consist of competitive employment
				  in an integrated work setting for which the eligible individual receives
				  compensation and benefits equal to others comparably
				  employed.