Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.05 - Assessments for Determining Eligibility, Order of Selection Priority, and Vocational Rehabilitation Needs

Current through Register 1525, July 5, 2024
(1) The
			 determination of an individual's eligibility, order of selection priority and
			 vocational rehabilitation needs will, as much as possible, be based upon a
			 review of existing data and documentation that may be provided directly by the
			 individual or, as appropriate the individual's family or representative. With
			 the individual's consent it may be obtained from the Social Security
			 Administration, education officials, or from other service sources.
(2) The Commission will obtain only that data
			 and information which is necessary to determine eligibility, order of selection
			 priority and vocationalreh abilitation need. All information will be obtained
			 and maintained in accordance with the Commission's confidentiality
			 requirements.
(3) The review of
			 existing data and preliminary assessment must be documented in the individual's
			 record and include an appraisal of the current general health status of the
			 individual, and existing medical records as necessary and available.
(4) If existing information does not describe
			 the current functioning of the individual, is unavailable, inappropriate or
			 insufficient for a vocational rehabilitation counselor to determine
			 eligibility, order of selection priority or to identify an eligible
			 individual's vocational rehabilitation needs, a comprehensive assessment must
			 be done. The assessment may include trial work experiences, assistive
			 technology devices and services, personal assistance services and any other
			 supports that are necessary to determine whether an individual is
			 eligible.
(5) To the maximum extent
			 feasible, the comprehensive assessment must be based on existing data,
			 information provided by the individual and, as appropriate, and the
			 individual's family This assessment should be limited to information that is
			 necessary to determine the individual's vocational rehabilitation needs and the
			 goals, objectives, nature and scope of vocational rehabilitation services to be
			 included in an Individualized Plan for Employment (IPE). It may include a
			 review of the individual's unique strengths, resources, priorities, interests
			 and vocational rehabilitation needs, including, if appropriate, the need for
			 supported employment services. All assessments should be conducted in the most
			 integrated settings possible.
(6)
			 As necessary to develop the IPE, the comprehensive assessment may include:
			 assessments of the individual's personality, interests, interpersonal skills,
			 intelligence and related functional capabilities, educational achievements,
			 work experience, vocational aptitudes, personal and social adjustments,
			 employment opportunities, and the medical, psychiatric, psychological and other
			 pertinent vocational, educational, cultural, social, recreational and
			 environmental factors that affect the employment and rehabilitation needs of
			 the individual. As needed, the assessment may include an appraisal of the
			 individual's work patterns, the services needed by the individual to acquire
			 occupational skills and develop work attitudes, work habits and work tolerance
			 and the social and behavioral patterns which are necessary for successful job
			 performance. Assessments in real work situations may be used to assess and
			 develop the individual's capacities to perform adequately in a work
			 environment. As appropriate, rehabilitation technology services shall be
			 utilized to assess and develop the individual's capacities to perform in a work
			 environment.
(7) Consideration of
			 comparable benefits and services available under other programs is not required
			 before providing services that are essential to assess an individual's
			 eligibility, order of selection priority, and vocational rehabilitation needs.
			 However, the Commission encourages the use of resources that are readily
			 available to an applicant.
(8)
			 Services that are essential to assess an individual's eligibility, order of
			 selection priority, and vocational rehabilitation needs are not subject to
			 determination of financial need.