reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.3 - Client Assistance Information

Current through June 25, 2024
In accordance with requirements of the Rehabilitation Act Amendments of 1998, MDRS will advise all individuals with disabilities seeking or receiving services through the Department, or their authorized representatives, of the availability and purpose of the Client Assistance Program (CAP), including the means to seek CAP assistance. (
Section 20
of the
1998 Rehabilitation Act Amendments
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.0 - Case Record Policy Statement

Current through June 25, 2024
The Mississippi Department of Rehabilitation Services, with input from the State Rehabilitation Council, will establish and maintain a case record for each applicant and/or recipient of vocational rehabilitation services. This record will contain all information relevant and necessary to provide the individual with rehabilitation services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.1 - Purpose

Current through June 25, 2024
The primary purpose of a case record is to facilitate the client-study process. Case records are indispensable as a device by which the Agency maintains and improves the quality of its operations and tests the effectiveness of the services it provides. Good case records are essential for supervision. They can provide information for making an evaluation of the program. Program administrators rely on case records to ensure the acceptance of cases, the provision of counseling and planning services, and that service provision meets the criteria that are established by law and regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.2 - Scope

Current through June 25, 2024
During early contact with the client, the case recording should emphasize history, present adjustment and environmental situations, and the objective measures of, or reports on, his/her physical and mental capacities.
Good documentation provides continuity with respect to all general information, evaluations, and services provided. The recorded information about a client should be accurate and reliable. If there are any contradictory reports, they are to be fully explained or reconciled in the case record. Reported observations or generalizations about a client should be recorded in such a way that the reliability of the reports can be determined. The source of all recorded data about the client should be clearly indicated.
The case record should indicate the nature and extent of professional contribution to the progress of the case. It should include any problems the counselor encountered in working with the client or helping secure services from other community agencies. The case documentation should reflect the effectiveness of the services. There should be enough information in the record to indicate whether or not treatment was successful, the client developed the vocational skills that were planned, and the personal counseling and social adjustments resulted in an improvement in the client's situation. All case records are subject to legal subpoena and may be used as evidence in fair hearings or court proceedings. Therefore, opinion-based (non-factual) observations should not be entered into the record.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.3 - Required Documentation › Section 32-21-2-2.3.1 - Request for Amendment of Case Information

Current through June 25, 2024
An applicant or client who believes that information in the case record is inaccurate or misleading may request that the Agency amend the information. If the information is not amended, the request for an amendment must be documented in the case record.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.4 - Case Folder As An Official Document

Current through June 25, 2024
The case folder in the local district office is considered to be the legal record of the case and should be treated as such by all vocational rehabilitation personnel.
All materials must be legible and written in ink or typed. Documentation presented in the case record must be initialed or signed by the individual responsible. Any form that is initiated or completed by any Agency personnel must be signed and dated. All bills are to be initialed by the counselor. Case materials should be fastened in the folder in an orderly manner.
Information is not to be given out indiscriminately, but must follow guidelines as set forth in the Confidentiality section of this manual (Section 3.0 ).
Records are to be secured where any unauthorized parties may not gain access to or abstract information from them. If the counselor needs to take the case record out of the office, it should be signed out so anyone needing access to information from the file will know where it is.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.5 - Case Record Organization

Current through June 25, 2024
The case record should be organized in such a way as to allow for easy access of information. All materials should be filed in reverse chronological order (most recent on top) based on the date the information was received. The left side of the file should contain all financial information. Case notes should be in front of the financial documents. The right side of the file will contain all other documents. The IPE and all amendments will be filed on the top of the right hand side of the file, with the Certificate of Eligibility filed directly beneath the IPE on the right side.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.6 - Case Record Retention

Current through June 25, 2024
Federal and State regulations require the retention of closed client files for a period of three years, beginning with the date of the submission of the final expenditure report for the year during which the case was closed.
If any litigation, claim, negotiation, audit, or other action has been initiated before the expiration of the three-year period, the records will be retained until the completion of the action and resolution of all issues which arise, or until the end of the regular three-year period, whichever is later.
All offices will be notified when the records of a particular year will be retained for the purpose of resolving any action initiated prior to the expiration of the three-year period.
The following situations may also require records to be retained longer than three years from closure:
1. Applicants closed from application status
				- Records must be maintained for at least three years after the last annual
				review.
2. Clients closed from
				service status - Records must be maintained for at least three years after the
				last annual review.
3. Clients
				closed in non-competitive, extended employment in a community rehabilitation
				program - Records must be maintained for at least three years after the last
				review and reevaluation takes place.
4. Clients who received post-employment
				services - Records must be maintained for at least three years after the case
				has been closed from post-employment.
5. Applicants or clients who received a fair
				hearing - Records must be maintained for at least three years after a final
				determination is made.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 2 - CASE RECORD › Section 32-21-2-2.7 - Case Record Disposal

Current through June 25, 2024
When disposing of records, care must be taken to prevent inappropriate disclosure of confidential information contained in Agency files. Such files must be shredded, burned, or otherwise destroyed to prevent the unwarranted use of this information.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.0 - Confidentiality

Current through June 25, 2024
MDRS hereby expresses written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures ensure that
1. Specific safeguards are
				established to protect current and stored personal information;
2. All applicants and eligible individuals
				and, as appropriate, those individuals' representatives, service providers,
				cooperating agencies, and interested persons are informed through appropriate
				modes of communication of the confidentiality of personal information and the
				conditions for accessing and releasing this information;
3. All applicants or their representatives
				are informed about MDRS' need to collect personal information and the policies
				governing its use, including-
a.
				Identification of the authority under which information is collected;
b. Explanation of the principal purposes for
				which MDRS intends to use or release the information;
c. Explanation of whether providing requested
				information to MDRS is mandatory or voluntary and the effects of not providing
				requested information;
d.
				Identification of those situations in which MDRS requires or does not require
				informed written consent of the individual before information may be released;
				and e. Identification of other agencies to which information is routinely
				released;
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.1 - Ownership of Records › Section 32-21-3-3.1.1 - Maintaining Client File Records

Current through June 25, 2024
The Agency shall maintain in its records only such information about a client as is relevant and necessary to accomplish any purpose of the Agency required by State or Federal law, regulation or policy. These client file records should be maintained in an orderly, formal manner. Any information relating to the Agency's evaluation of factual information should be labeled as such. Any such information should be stated as objectively as possible.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.1 - Ownership of Records › Section 32-21-3-3.1.2 - Improper Removal

Current through June 25, 2024
No information in the case record shall be removed, destroyed, or altered for purposes of avoiding compliance with these regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.1 - Ownership of Records › Section 32-21-3-3.1.3 - Notice

Current through June 25, 2024
When the Agency makes a disclosure to any person or entity other than the client, the following or similar statement shall accompany the disclosure:
NOTICE
THIS IS CONFIDENTIAL INFORMATION FROM THE RECORDS OF THE MISSISSIPPI DEPARTMENT OF REHABILITATION SERVICES. STATE AND FEDERAL LAW AND REGULATIONS PROHIBIT YOU FROM MAKING ANY FURTHER DISCLOSURE OF THIS INFORMATION WITHOUT THE INFORMED WRITTEN CONSENT OF THE CLIENT TO WHOM THIS INFORMATION PERTAINS. ANY SUCH FURTHER DISCLOSURE COULD RESULT IN CIVIL OR CRIMINAL LIABILITY.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.2 - Statement of Consent for Disclosure › Section 32-21-3-3.2.1 - Case Record Memorandum

Current through June 25, 2024
When confidential information is released, Form VR-19 "Client Consent to Disclose Information" must be completed and placed in the case file.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.3 - Release of Confidential Information Without the Consent of the Client

Current through June 25, 2024
In the direct course of providing vocational rehabilitation services an employee may disclose confidential information to other Agency employees, who have a legitimate need for the information, without the prior consent of the client. Also, the Agency may share confidential information on a need-to-know basis with its trainees, interns, and volunteers, who shall be bound by Agency rules concerning confidentiality, in the same manner as employees. Additional instances in which confidential information may be released without consent of the client are discussed earlier in this section.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.5 - Subpoenas

Current through June 25, 2024
If an employee of the Agency is subpoenaed for appearance in court, by law the employee must appear at the time and place indicated in the subpoena. Unless specific records are subpoenaed, no files or records should be taken into the courtroom. When a client is involved in litigation or in an administrative proceeding and a subpoena for the production of only the client's records is received by the Agency, the employee receiving it shall do as follows:
1. Contact their immediate
				supervisor for assistance; and,
2.
				The subpoenaed employee shall do the following:
a. If the subpoena is from the client's
				attorney, contact that attorney immediately and request written confirmation of
				his/her status as the client's attorney.
b. If the subpoena is from an attorney other
				than the client's, contact the client's attorney, if known, or the client, and
				request written consent to release the information, and release the information
				only after such consent is received.
c. If the subpoena is received and the
				consent has not been received by the due date of the subpoena, the employee
				shall appear before the court or administrative body and inform them of the
				requirements by law and regulations concerning confidentiality. The employee
				shall testify only upon order, or if the client consents, at the
				hearing.
d. If an employee receives
				a subpoena to testify in court or in an administrative hearing, the employee
				shall appear according to the terms of the subpoena, and shall testify if the
				client consents to such testimony. If no consent is given, the employee shall
				testify only under order and after informing the court or administrative body
				of the requirements of the law and regulations concerning
				confidentiality.
e. This section
				applies only to client records. The employee may testify without client consent
				about general information concerning the Agency, such as services available and
				eligibility criteria.
If an employee of the Agency is required to give sworn
				  testimony, the employee should limit his/her remarks to professional aspects of
				  the case with which the employee is familiar, and avoid unsubstantiated
				  personal opinions. If travel expense is required in order to present testimony,
				  travel costs are usually paid by the court or by one of the parties in the
				  litigation. If no other reimbursement is provided, the employee may claim
				  official reimbursement in keeping with Agency regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.6 - Social Security Administration Case Record

Current through June 25, 2024
Information in case records received from, or developed for, the Social Security Administration shall be controlled by the regulations governing confidentiality established by the Social Security Administration. Such information may be contained in the Agency's records as the result of a referral from the Office of Disability Determination Services in connection with the delivery of services to the client. However, should such information be sought by any client for any other reason, the client shall be directed to contact the Office of Disability Determination Services. Please note, under Federal law, a Member of Congress has a right to receive this information upon request. Congressional inquiries shall be forwarded to the Office of the Executive Director.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 3 - CONFIDENTIALITY › Section 32-21-3-3.7 - Release of Information Regarding Deceased Client

Current through June 25, 2024
If information is requested concerning a deceased client, the Agency shall release such information only to the executor of a probated will or the administrator of the estate upon written proof of such status by the court. No other heirs or family members shall be given any information without a court order.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.0 - Hearing Policy Statement

Current through June 25, 2024
Throughout the rehabilitation process the counselor shall advise applicants or clients, or, if appropriate, their representative, of their right to request a timely review when they are dissatisfied with any determination made by MDRS personnel that affects the provision of vocational rehabilitation services and the procedures available for such review. This review may include mediation. The applicant or client or their representative shall be informed in writing regarding the right to obtain a review of agency determinations that affect the provision of vocational rehabilitation services through mediation or impartial due process hearings at the time of application for services; assignment to a category in the Agency's order of selection; at the time the IPE is developed; and, whenever vocational rehabilitation services for an individual are reduced, suspended, or terminated. The applicant or client or, if appropriate, their representative shall be provided with the names and addresses of the individuals with whom requests for mediation or due process hearings may be filed, the manner in which a mediator or impartial hearing officer may be selected, and, the availability of the Client Assistance Program (CAP) to assist the applicant or client during mediation sessions or impartial due process hearings. The information provided to the applicant or client or their representative regarding the review of the counselor's decision(s) shall be made available in a mode of communication that is accessible (understandable) to the applicant or client.
Applicants who are found ineligible for vocational rehabilitation services and previously eligible individuals who are determined to be no longer eligible for vocational rehabilitation services are permitted to challenge the determinations or ineligibility under the procedures described in this section.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.1 - Informal Review › Section 32-21-4-4.1.1 - Informal Review Procedures

Current through June 25, 2024
The entire informal review process, including mediation, shall be completed within a maximum of 15 days from the date of the receipt of the original request for an informal review to the date of the decision letter from the Director of the Office of Vocational Rehabilitation. The requestor may stop this informal process, including mediation, at any point (or bypass it entirely) and request the dispute be sent to an Impartial Hearing Officer for a formal review.
1. Within a maximum of
				  3 days from receipt of the original verbal/written request for an informal
				  review, the District Manager having line supervision over the requestor's
				  counselor shall:
a. contact the requestor to
				  set up appointment (time, date, place) for the informal review--this review
				  date should be no later than 5 days from the receipt of the original
				  verbal/written request for an informal review;
b. advise the requestor of the availability
				  and function of the Mississippi Client Assistance Program;
c. advise the requestor that he/she may
				  attend the review in person and, if he/she desires, be accompanied by a family
				  member or an advocate from the Client Assistance Program; or any individual
				  selected by the client to represent him/her,
d. contact the requestor if additional
				  information is needed prior to the review; and,
e. offer mediation as a means of settling the
				  dispute.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.2 - Mediation › Section 32-21-4-4.2.1 - Definition of a Qualified and Impartial Mediator

Current through June 25, 2024
Qualified and Impartial Mediator
is defined in the
OVR/OVRB Resource Guide
.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.3 - Impartial Due Process Hearing › Section 32-21-4-4.3.1 - Definition of Impartial Hearing Officer

Current through June 25, 2024
Impartial Hearing Officer
is defined in the
OVR/OVRB Resource Guide.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.3 - Impartial Due Process Hearing › Section 32-21-4-4.3.2 - Conduct of the Hearing

Current through June 25, 2024
1. Duties of the
				  Impartial Hearing Officer:
Once selected, at random from a list of qualified impartial
					 hearing officers maintained by the Agency and identified by the Agency and
					 State Rehabilitation Council, the Impartial Hearing Officer shall have the
					 authority and responsibility to:
a.
				  establish a date, time, and place for the hearing and give proper notice of the
				  hearing to the parties;
b. review
				  the case file prior to the hearing;
c. maintain order;
d. make a record of the
				  proceedings;
e. establish
				  reasonable time limits for the conduct of the proceedings, to include extending
				  time limits for good cause;
f. rule
				  on the admissibility of evidence;
g. hold a pre-hearing conference, if
				  necessary, to clarify the matter(s) in dispute; establish the order of
				  presentation; allow and establish time limits for the exchange of exhibits and
				  names of witnesses; and,
h. enter
				  an order on any other matter that will facilitate the conduct of the review.
1. The Requestor Shall be Afforded the
				  Opportunity to:
a. receive timely and adequate
				  notice of all events and/or proceedings related to and including the hearing;
				  and,
b. be heard, present evidence,
				  call witnesses, cross-examine witnesses, be represented by counsel at his/her
				  own expense (if he/she so chooses), and receive a written decision based on the
				  evidence.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.4 - Suspension, Reduction or Termination of Services

Current through June 25, 2024
At no time in which an informal review, mediation, or impartial due process hearing is pending or during the conduct of any informal review, mediation or formal dispute resolution process, shall vocational rehabilitation services being provided to an applicant or client, including evaluation or assessment services and IPE development, be suspended, reduced or terminated; unless, (a) the applicant or client or his or her representative requests a suspension, reduction, or termination of services; or (b) the Agency has evidence that services have been obtained as a result of fraud, collusion, or criminal conduct on the part of the applicant or client or his or her representative. If a party brings a civil action to challenge the final decision of a hearing officer, the final decision of the hearing officer must be implemented pending review by the court.
MDRS, as an indirect provider, frequently provides services through other agencies or organizations that have their own eligibility rules. When such a service provider modifies or terminates a service, MDRS shall be obligated to assess the circumstances and in concert with the client make an appropriate and expedited amendment to the IPE.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 4 - HEARING PROCEDURES › Section 32-21-4-4.5 - Civil Action

Current through June 25, 2024
Any party who disagrees with the findings and decision of an impartial hearing officer has a right to bring a civil action with respect to the matter in dispute. The action may be brought in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.
In any such action, the court
(a) Receives the records related to the
				impartial due process hearing;
(b)
				Hears additional evidence at the request of a party; and
(c) Basing its decision on the preponderance
				of the evidence, grants the relief that the court determines to be
				appropriate.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.1 - Policy Statement

Current through June 25, 2024
The Agency shall determine whether an individual is eligible for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days after the individual has submitted an application for services. The eligibility determination period may be extended if:
(a) exceptional and unforeseen circumstances
				beyond the control of the Agency preclude the making of the eligibility
				determination within 60 days and the Agency and the individual agree to a
				specific extension of time, or
(b)
				if the Agency is exploring an individual's abilities, capabilities, and
				capacity to perform in work situations through the use of Trial Work
				Experiences.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.2 - Implementation

Current through June 25, 2024
It is the sole responsibility of the Office of Vocational Rehabilitation, Mississippi Department of Rehabilitation Services to determine if an individual is eligible for vocational rehabilitation services and to determine the nature and scope of said services. The 1998 Amendments to the Rehabilitation Act made several significant changes in the area of eligibility to streamline the process for making determinations. The most significant of these changes is the creation of several presumptions by which an individual may be presumed to meet one or more of the criteria for eligibility; however, the ultimate decision of whether an individual is or is not eligible for vocational rehabilitation services shall be made by a qualified rehabilitation counselor (as defined by Sections 361.42(2)(i) and 361.45(c)(i)(A) of the 1998 Rehabilitation Act Amendments).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.3 - Assessment for Determining Eligibility and Vocational Rehabilitation Needs

Current through June 25, 2024
Assessment for Determining Eligibility and Vocational Rehabilitation Needs
means, as appropriate in each case:
i. a review of existing data to:
a. to determine eligibility, and,
b. to assign priority for an order of
				selection;
2. to the extent necessary, the
				provision of appropriate assessment activities to obtain necessary additional
				data to make such determination and assignment;
2. to the extent additional data are
				necessary to make a determination of the employment outcomes, and the
				objectives, nature, and scope of vocational rehabilitation services, to be
				included in the individualized plan for employment of an eligible individual, a
				comprehensive assessment determines the unique strengths, resources,
				priorities, concerns, abilities, capabilities, career interests, and informed
				choice, including the need for supported employment, of the eligible
				individual;
4. Rehabilitation
				Technology assessment: referral for the provision of rehabilitation technology
				services to the individual, to assess and develop the capacities of the
				individual to perform in a work environment; and,
5. Trial Work Experiences assessment: an
				exploration of the individuals abilities, capabilities, and capacity to perform
				in work situations which shall be assessed periodically, including experiences
				in which the individual is provided appropriate supports and
				training.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.4 - Determination of Eligibility › Section 32-21-5-5.4.2 - Determining Whether an Individual Will Require Specific Vocational Rehabilitation Services to Prepare For, Secure, Retain, or Regain Employment

Current through June 25, 2024
Section 102(a)(4)(A)
of the
1998 Rehabilitation Act Amendments
states that an individual shall be presumed to be an individual with a disability who will benefit, in terms of an employment outcome, from vocational rehabilitation services, unless the Agency can establish, by clear and convincing evidence documented in the case file, that such individual will not benefit, in terms of an employment outcome, from specific vocational rehabilitation services.
This means that an applicant who can be shown to be an individual with a disability will be presumed to be able to benefit from specific vocational rehabilitation services (and is, therefore, eligible) unless the applicant can be shown, to a high degree of certainty, to be unable, due to the severity of the disability
,
to prepare for, secure, retain, or regain employment.
In order to collect sufficient data to either, 1) determine eligibility and define the scope of necessary rehabilitation services, or 2) determine ineligibility, an applicant must undergo an "assessment for determining eligibility and vocational rehabilitation needs"
(Section 7(2)
of the
1998 Rehabilitation Act Amendments)
.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.6 - Certification of Eligibility, Determination of Ineligibility › Section 32-21-5-5.6.1 - Certificate of Eligibility

Current through June 25, 2024
A
Certificate of Eligibility
for each applicant who is determined to be eligible for vocational rehabilitation services shall be dated and signed by the counselor and shall show that the individual:
1. has a disability that
				  is a substantial impediment to employment;
2. can benefit from specific vocational
				  rehabilitation services; and,
3.
				  will require specific vocational rehabilitation services to prepare for,
				  secure, retain, or regain employment.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 5 - ELIGIBILITY › Section 32-21-5-5.7 - Client Order of Selection

Current through June 25, 2024
It is the intent of the Mississippi Department of Rehabilitation Services to provide comprehensive vocational rehabilitation services to all eligible individuals who apply for services. In the event that vocational rehabilitation services cannot be provided to all eligible applicants due to financial limitations, the Agency has adopted an Order of Selection that establishes a system for prioritizing individuals with the most significant disabilities to receive services.
Should a funding shortfall occur, the agency will continue to serve those individuals on an existing Individualized Plan for Employment, including the provision of post-employment services. If at any time, services cannot be provided to all of those individuals who can reasonably be expected to be determined eligible during the coming year, the Executive Director of the Department may declare the implementation of the Order of Selection.
An IPE cannot be developed for individuals in a closed priority category. However, the Order of Selection system does not preclude delivery of non-purchased services (i.e., counseling, guidance, placement, referral services, coordination of comparable benefits and services paid by a third party) for these individuals. The Order of Selection system will in no way restrict the provision of diagnostic and evaluation services. The Executive Director will notify staff by Executive Director Memorandum when the Order of Selection is to be implemented or withdrawn.
Allowed SSDI beneficiaries or SSI recipients are not afforded any special consideration in establishing the priority categories of the order, notwithstanding the automatic classification of such an individual as an "individual with a significant disability."
An Order of Selection should be designed to ensure that individuals with the most significant disabilities as described in the
OVR/OVRB Resource Guide
above, will receive services in preference to less significantly disabled individuals, as described in the
OVR/OVRB Resource Guide
, in the event of a shortfall in funding.
ORDER OF SELECTION
1. Priority 1.
Individual With A Most Significant
				  Disability
: An individual who meets the criteria for
				  "significantly disabled" (Section 7(21) of the 1998 Rehabilitation Act
				  Amendments) and:
(i) whose physical or
				mental impairments seriously limit two or more functions in terms of employment
				outcomes, and,
(ii) who will
				require vocational rehabilitation services in order to prepare for, secure,
				retain, or regain employment that is consistent with that individual's unique
				strengths, resources, priorities, concerns, abilities, capacities, interests,
				and informed choice
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.1 - IPE Policy Statement

Current through June 25, 2024
The Mississippi Department of Rehabilitation Services is required to initiate an Individualized Plan for Employment, periodically update it, and conduct an annual IPE review for each eligible individual being provided services. Vocational rehabilitation services must be provided in accordance with the IPE. The IPE sets forth the specific employment outcome, services to be provided, time frames, service providers, evaluation criteria, and dates of review. The client will have informed choice throughout the vocational rehabilitation process including selecting a specific employment outcome, specific vocational rehabilitation services, and the provider and methods by which these services will be provided.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.2 - Scope of the IPE

Current through June 25, 2024
The intended purpose of the IPE is to document and describe the required rehabilitation services necessary for the client to prepare for, secure, retain, or regain employment. It shall be presumed that an individual can benefit in terms of a specific employment outcome through specific vocational rehabilitation services provided under the IPE, unless the Agency can demonstrate by clear and convincing evidence documented in the case file that the individual is incapable of benefiting from services in terms of a specific employment outcome due to the severity of the disability of the individual.
Each IPE shall be designed to achieve the specific employment objective chosen by the individual, consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice. Clients will be active and full partners in the vocational rehabilitation process, making meaningful and informed choices during assessments for vocational rehabilitation needs and in the selection of specific employment outcomes, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services. Eligible individuals will be informed about their options for developing an IPE, including the option for the individual to develop an IPE on agency forms without assistance from anyone.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.3 - Initiation of the IPE

Current through June 25, 2024
The IPE must be initiated after eligibility determination by a qualified rehabilitation counselor has occurred. The Agency shall determine whether an individual is eligible for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days after the individual has submitted an application for services. The eligibility determination period may be extended if: (a) exceptional and unforeseen circumstances beyond the control of the Agency preclude the making of the eligibility determination within 60 days and the Agency and the individual agree to a specific extension of time, or (b) if the Agency is exploring an individual's abilities, capabilities, and capacity to perform in work situations through the use of Trial Work Experiences. Such experiences should be of sufficient variety and over a sufficient period of time to determine the eligibility of an individual.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.4 - Development of the IPE

Current through June 25, 2024
When an individual is determined to be eligible for vocational rehabilitation services, the IPE shall be completed. An IPE shall be a written document prepared on current forms provided by the Agency as outlined in Section 361.45(b)(2) of the 1998 Rehabilitation Act Amendments regarding general requirements
.
The eligible individual or his/her representative will be provided information, in writing and in an appropriate mode of communication, regarding the individual's options for developing an IPE including:
1. information on the availability of
				assistance, to the extent determined to be appropriate by the eligible
				individual, from a qualified vocational rehabilitation counselor in developing
				all or part of the IPE for the individual, and the availability of technical
				assistance in developing all or part of the IPE for the individual;
2. a description of the full range of
				components as defined in Section 361.48 that shall be included in an IPE;
				and,
3. as appropriate--
a. an explanation of Agency guidelines and
				criteria associated with financial commitments concerning an Individualized
				Plan for Employment;
b. additional
				information the eligible individual requests or the Agency determines to be
				necessary;
c. information on the
				availability of assistance in completing designated Agency forms required in
				developing an IPE; and,
d. a
				description of the rights and remedies available to such an individual
				including, if appropriate, a description of the availability of a Client
				Assistance Program and information about how to contact the CAP.
An IPE for a student with a disability receiving special
				  education services is developed--
a. In consideration of the student's IEP;
				and
b. In accordance with the
				plans, policies, procedures, and terms of the interagency agreement between
				MDRS and the local school district.
In planning transition services for students, the IPE for a
				  student determined to be eligible for vocational rehabilitation services must
				  be developed and approved (i.e., agreed to and signed by the individual and the
				  counselor) before the student leaves the school setting and as early as
				  possible during the transition planning process.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.5 - Informed Choice

Current through June 25, 2024
An IPE shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting a specific employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services. Informed Choice implies that the specific employment outcome be both realistic and achievable for the individual.
The specific employment outcome should be based upon an objective assessment of specific vocational rehabilitation needs and reflecting the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice. The IPE should reflect specific vocational rehabilitation services necessary to achieve the individual's chosen employment outcome and the case file should reflect how the client was informed about and involved in choosing among alternative services. All available comparable benefits should be applied toward each service.
Information regarding available vendors, certified/licensed vendors, cost and duration of all planned services, and like information, shall be provided to the client in the appropriate accessible mode of communication. Accessibility of the vendor's location will be discussed with the client. All rehabilitation services will be provided in the least restricted and most integrated setting compatible with the client's interest and abilities.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.6 - Individualized Plan for Employment Form Completion

Current through June 25, 2024
The IPE is organized into the following sections--
Part 1
General Information
This section includes the plan number, general plan type (i.e. training, physical restoration), the client's specific employment outcome/objective, and the anticipated date for achievement of the employment outcome.
Part 2
Planned Services
This section describes services needed, dates of initiation, provider(s) of choice, and the estimated costs for each service and the total plan (including comparable benefits).
Part 3
Participant Responsibilities
This section will include a list of the client's responsibilities toward completion of the plan; including any financial responsibilities.
Part 4
Plan Documentation
This section must contain the agreed-upon criteria for evaluating progress toward the goal.
Part 5
Terms and Conditions
This section contains post-employment services and the identification of the extended services provider for Supported Employment cases only.
Part 6
Statements of Mutual Understanding
The counselor will complete the information under Review Process and Client Assistance Program. The counselor will review all information in this section in detail with each client and/or his/her representative.
Part 7
Plan Certification
The IPE is finalized and signed by the client or his/her representative and the counselor prior to service(s) being initiated.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.7 - Basic IPE Contents › Section 32-21-6-6.7.1 - Amendments to the IPE

Current through June 25, 2024
The IPE is amended, as necessary, by the applicant or client or, as appropriate, his or her representative, in collaboration with a representative of MDRS or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services.
Amendments to the IPE do not take effect until agreed to and signed by the applicant or client or, as appropriate, his or her representative and by a qualified vocational rehabilitation counselor employed by MDRS.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 6 - Individualized Plan for Employment › Section 32-21-6-6.8 - Conclusion

Current through June 25, 2024
The Individualized Plan for Employment should include the appropriate outcomes and services necessary to achieve the individual's specific chosen employment outcome. Outcomes and services should be consistent with the client's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice. No service(s) that is a part of the client's IPE should be initiated until the plan has been finalized and signed by the client and counselor.
Each IPE should include time frames for employment outcome completion and service initiation. Additionally, the IPE should include use of all available comparable benefits. Even with careful evaluation and planning, circumstances may occur which precipitate a need for additional outcomes, evaluation criteria, or services. In such cases, a plan amendment should be considered.
A qualified rehabilitation counselor shall furnish a copy of the IPE and plan amendments to the individual with a disability or, as appropriate, a parent, other family member, guardian, advocate, or other authorized representative of the individual.
The counselor and client or, as appropriate, the client's representative shall review the IPE at least annually.