reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-22.2 - CASE FILE DOCUMENTATION FOR CLOSURE-GOALS MET

Current through June 25, 2024
*
Documentation throughout the case file must show that the services planned and provided did in fact contribute significantly to the client's ability to functioning more independently in the home or community.
*
The case file should document the reason(s) any planned service(s) was not provided or services closed not met.
*
If counseling and guidance were planned, there must be documentation to indicate that this service was provided at appropriate intervals. Any delays or interruptions of services should be documented.
*
There must
always
be documentation of essential counseling and guidance before a case can be closed as rehabilitated, Goals Met.
*
Appropriate
contact
by agency staff should be
documented
as required (at least every 90 days and more often if warranted by client's disability or services being provided, ex. waiver services). Any reason for extended periods of time without contact should be documented.
*
Documentation at case closure must show that the Counselor personally contacted the consumer at the time of closure and that case closure was discussed.
*
All documentation must indicate that the appropriate
mode
of communication was used.
*
The appropriate agency-closing letter is labeled
"Closing Statement"
and must be used to notify the consumer of closure. This letter contains information required by law for closure notification.
*
Documentation of the consumer and Counselor contact at closure along with the
"Closing Statement"
letter should meet the documentation requirements.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-22.3 - CLOSURES - GOALS NOT MET

Current through June 25, 2024
There are two reasons for closures - goals not met:
1. Because eligibility requirements are not
				met and
2. For reasons other than
				eligibility criteria not met (often referred to as intervening reasons)
Closure Reasons Because Eligibility Requirements are
				  Not Met
Ineligibility determination must be based on one of the
				  following:
*
No disabling condition
To close cases as "no disabling condition" medical
				  documentation must indicate that the applicant does not have a severe physical
				  or mental impairment.
*
No serious limitations in their ability to
				  function independently in the family or community or continue in
				  employment;
To close case as "no serious limitation in their ability to
				  function", case documentation must show that the applicant's physical or mental
				  condition does not cause serious limitations in their ability to function
				  independently in the family or community.
*
The delivery of IL Services will not
				  significantly assist the individual to improve his or her ability to function,
				  continue functioning or move towards functioning in the family or
				  community.
*
Disability is too severe/unable to benefit
				  from IL services.
To close a case as "disability too severe" requires clear and
				  convincing evidence of the severity of the disability.
"Clear and convincing evidence" means that MDRS shall have a
				  higher degree of certainty before it can conclude that an individual is
				  incapable of benefiting from services in terms of improving their ability to
				  function independently in the home and community. The clear and convincing
				  standard constitutes the highest standard used in our civil system of law and
				  is to be individually applied on the case-by-case basis. It would require
				  evidence from more than one source. Also, a demonstration of clear and
				  convincing evidence requires the exploration of the applicant's abilities,
				  capabilities, and capacity to perform in the home and community with any
				  necessary supports in real life settings.
Medical documentation is required if an applicant has a
				  severe physical/mental condition.
Closures because eligibility requirements are not met require
				  full consultation with the applicant. This consultation must be
				  recorded.
Written notification must include:
*
The reason for the ineligibility
				  determination
*
Appeal rights
*
Availability of the Client Assistance
				  Program
*
Referral to other agencies and
				  facilities
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-22.5 - AACE CLOSURE PAGE

Current through June 25, 2024
Facility/Agency Furnishing Services -
This item involves identifying sources that actually delivered rehabilitation/independent living services to the client not the source paying for the service.
Services Furnishing -
Public and Private Sources - Select the choice if the client received some services in a public rehabilitation facility and some in a private rehabilitation facility or if a client attended both public and private clinic during the rehabilitation process.
Educational Institutions (except Business/Vocational Schools) -
Includes colleges, universities, junior colleges, elementary or high schools and schools for the mentally and physically disabled.
Business/Vocational Schools -
Includes business, commercial, vocational, technical or trade schools.
Hospitals and Sanatoriums -
Includes hospitals, mental hospitals, other chronic condition or specialized hospitals.
Health Organization and Agencies (except Rehabilitation Facilities)
Includes community mental health centers, State Children's Agencies and any other public and private health organizations and agencies.
Community Rehabilitation Facilities -
Includes any location at which a variety of services are provided to help individuals overcome their functional limitations in reference to their disabilities.
Welfare Agencies
Includes State and local Welfare agencies, labor unions, civic and community welfare organizations.
Other Public Organizations and Agencies (not specifically education, health or welfare)
Includes State employment agency, State Vocational Rehabilitation Agency, Social Security, etc. Since this pertains to only public sources, legitimate selections would be "services furnished public sources."
Other Private Organizations and Agencies (not specifically education, health or welfare)
Includes employee, prosthetic and orthotic companies, etc. Since this pertains to only private sources, legitimate selections would be "services furnished private sources"
Individual (Private) -
Includes physicians and other persons providing services who cannot be classified with an organization or agency. Since this pertains to only private sources, legitimate codes would be "services furnished private sources."
Donations -
Cash Donated: enter the amount that the client has received from any outside resource to help purchase planned services.
Estimated Value of Goods and Services
Estimate the value of goods and services purchased with the cash donation.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-23.1 - PAS DEFINITIONS, NEW TERMS AND FUNCTIONALITY

Current through June 25, 2024
HELP Function
The Help function key is located on the top right side of the screen. The Help function will provide specific help/instructions depending on what screen you are on.
PAS
Pre-Admission Screening. This tool replaces the old Initial Needs Assessment form, Recertification Needs Assessment form and the Physician Certification DOM 260 form.
Application for Potential Beneficiary
When completing an assessment for a new client who does not have Medicaid, select this option.
Application for Medicaid Beneficiary
Select this option if completing a new assessment for a client who already has Medicaid. Make sure the first nine (9) digits of the Medicaid Number are entered correctly from their card.
Remote PAS
- Select this option when downloading the PAS application onto your desktop/laptop for you to complete the PAS while in the client's home. Internet service is not needed.
Prior Authorization (PA)
The term Plan of Care is now called Prior Authorization.
PA Request
This is to be used once the client has been approved for Medicaid and the plan of care information is entered.
PAS Submission
Within three (3) working days of completing a PAS application, enter the information into the PAS either online or using the remote PAS application.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-23.2 - DEFINITIONS FOR AUTHORIZED REPRESENTATIVE

Current through June 25, 2024
If the applicant/consumer is an adult, their representative is a person who has the authority to make decisions about the consumer and includes a:
* Person the consumer has appointed under a medical power of attorney, a durable power of attorney with the authority to make health care decisions, or a power of attorney with the authority to make health care decisions,
* Court appointed guardian for the consumer, or
* Person designated by law to make health care decisions when the consumer is in an institution and is incapacitated or mentally or physically incapable of communication.
Legal Representative
means any person who has been vested by law with the power to act on behalf of another individual. The term includes a guardian appointed by a court of competent jurisdiction in the case of an incompetent individual or minor; or a parent in the case of a minor; or a person acting under a valid power of attorney. Categories of legal representatives include:
*
Conservator
: means an individual or corporation appointed by a court to manage the estate, property, and/or other business affairs of an individual whom the court has determined is unable to do so for him/herself.
*
Power of Attorney
: means a document which authorizes a person (agent) to act on behalf of another person (the principal). The principal delegates this authority, establishes its parameters, and may terminate it. Its authority is also terminated by death, disability, or incompetence of the principal, unless it is "durable."
*
Durable Power of Attorney
: a power of attorney document which specifically states it is to (1) remain in effect despite the principal's subsequent incapacity or (2) take effect upon the principal's incapacity.
*
Guardian:
means an individual or corporation appointed by a court to see to the needs of a person proven to be incapacitated or in need or continuing care or supervision. A guardianship may be "limited'", addressing only some types of need, an arrangement which is less restrictive than a full guardianship.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-23.4 - DEFINITIONS - NOTICE OF ACTION/HEARINGS

Current through June 25, 2024
Independent Living Waiver &
Traumatic Brain/Spinal Cord Injury Waiver
For the purpose of this section ( 42 CFR 431.201 )
Notice
means a written statement explaining what action is being taken.
Action
means a termination, suspension, or reduction of Medicaid eligibility or covered services.
Date of action
means the intended date on which termination, suspension, reduction, transfer or discharge becomes effective.
Request for hearing
means a clear expression by the applicant/consumer or his/her authorized representative that they want the opportunity to present his/her case to a reviewing authority.
The applicant/consumer must be informed in writing of a decision that will result in the following:
* Being determined ineligible for services
* The amount (quantity) of the service the client will receive
* The request for particular services being denied
* Being determined ineligible for continued services
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-23.5 - INDEPENDENT LIVING CONSUMER ACHIEVEMENTS/GOALS/OBJECTIVES

Current through June 25, 2024
Self-Advocacy/Self-Empowerment
Goals involving either improvement in a consumer's ability to represent himself/herself with public and/or private entities or ability to make key decisions involving himself/herself.
Communication -
Goals involving either improvement in a consumer's ability to understand communication by others (receptive skills) and/or improvements in a consumer's ability to share communication with others (expressive skills).
Mobility/Transportation
Goals to improve a consumer's access to his/her life space, environment, and community. This may occur by himself/herself or the use of public transportation.
Community Services-
Goals that provide for a change in living situations with increased autonomy for the consumer. This may involve a consumer's goal related to obtaining/modifying of an apartment or house.
Educational
Goals of an academic or training nature that are expected to improve the consumer's basic knowledge or increase his/her ability to perform certain skills deemed to increase his/her independence consistent with IL philosophy.
Vocational
IL goals related to obtaining, maintaining, or advancing in employment.
Self-Care
Goals to improve/maintain a consumer's autonomy with respect to activities of daily living such as grooming and cleaning, toileting, meal preparation, shopping, eating, etc.
Information Access/Technology
Goals related to a consumer obtaining and/or using a computer or other assistive technology, devices, or equipment, also a consumer's goal of developing skills in using information technology, e.g. emerging computer screen-reading software.
Personal Resource Management
Goals related to a consumer learning to establish and maintain a personal/family budget, managing a checkbook, and/or obtaining knowledge of available direct and indirect resources related to income, housing, food, medical, and/or other benefits.
Other
IL goals not included in the above categories.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-1-1 - MDRS General Policies › Section 32-10-1-1.0 - MDRS (OVR/OVRB) Mission

Current through June 25, 2024
It is the mission of MDRS to provide appropriate and comprehensive services to Mississippians with disabilities in a timely and effective manner.
All policy statements expressed within this Policy Manual reflect a commitment to the mission of the agency, the Act, and the policy, purpose, and guidance contained therein.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-1-1 - MDRS General Policies › Section 32-10-1-1.2 - Client Assistance Program

Current through June 25, 2024
In accordance with requirements of Section 20 of the Act, MDRS OVR/OVRB/OBD will advise all individuals with disabilities (or their authorized representatives) seeking or receiving services through the agency of the purpose and availability of the Client Assistance Program (CAP), including the means to seek CAP assistance.
CAP is a service provider under federal grant, staffed and administered by a private, non-profit organization. Its purpose is to advise and inform clients, client applicants, and other individuals with disabilities of all the available services and benefits under the Act.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-1-1 - MDRS General Policies › Section 32-10-1-1.3 - Informed Choice

Current through June 25, 2024
MDRS provides applicants and eligible individuals or, as appropriate, their representatives with opportunities to exercise informed choice throughout the VR process, including choosing a specific employment outcome, VR services, service providers, service provision, and methods for procuring services. 10
To enable an individual to make such decisions, OVR/OVRB/OBD provides, through appropriate modes of communication, the information, support and assistance needed by the individual.
Information and assistance in the selection of services and service providers must include, at a minimum: 11
* Cost, accessibility, and duration of potential services;
* Consumer satisfaction with those services to the extent that information relating to consumer satisfaction is available;
* Qualifications of potential service providers;
* Types of services offered by potential providers;
* Degree to which services are provided in integrated settings; and
* Outcomes achieved by individuals working with service providers, to the extent that information is available.
Specifically, OVR/OVRB/OBD ensures that the individual, or if appropriate, the individual through his or her representative, including students/youth with disabilities who are transitioning from school to work:
* Makes decisions related to the assessment process and to selection of the employment outcome and the settings in which employment occurs, VR services, service providers, the settings for service provision, and the methods for procuring services;
* Has a range of options from which to make these decisions or, to the extent possible, the opportunity to create new options that will meet the individual's specific rehabilitation needs;
* Has access to sufficient information about the consequences of various options;
* Has skills for evaluating the information and for making decisions, or, to the extent possible, the opportunity to develop such skills or support and assistance in carrying out these functions;
* Makes decisions in ways that reflect the individual's strengths, resources, priorities, concerns, abilities, capabilities, and career interests; and
* Takes personal responsibility, to the extent possible, for implementing the chosen options.
However, informed choice does not mean unlimited choice. An individual's choice must be:
* Related to and necessary to achieve his/her employment goal;
* Cost effective, and
* Made pursuant to federal, state, and OVR/OVRB/OBD rules relating to purchasing and providing services.
While individuals are primarily responsible for making and carrying out decisions regarding their VR/VRB cases, they must also understand, those choices must be agreed to by their VR/VRB counselor.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-1-1 - MDRS General Policies › Section 32-10-1-1.4 - Vocational Rehabilitation Services For Employees Of MDRS

Current through June 25, 2024
The practice for providing services to MDRS employees who have disabilities are the same as those for providing VR services to any person with a disability. Every case being considered for VR services must be subjected to the eligibility criteria established in Title I, Section 102(a) of the Act. These criteria are equally applicable to employees of MDRS who may apply for VR services.
An employee of MDRS who is seeking VR services should never confuse these services with having reasonable accommodations on the job. The concept of reasonable accommodations applies to the accommodations needed at the job site in order to function on the job. The use of comparable benefits must be evident in all rehabilitation programs. Employees can find instructions for submitting an accommodation request in the MDRS P&P Manual.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-2-2 - Service Record › Section 32-10-2-2.0 - Service Record Policy Statement

Current through June 25, 2024
OVR/OVRB, with input from the State Rehabilitation Council, will maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, documentation including, but not limited to the individual's application for VR services, the eligibility/ineligibility determination, the individual's Individualized Plan for Employment (IPE), and information related to the closing of the service record.12
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-2-2 - Service Record › Section 32-10-2-2.1 - Purpose And Scope

Current through June 25, 2024
Service records are an indispensable tool OVR/OVRB/OBD uses to maintain and improve the quality of its operations and to test the effectiveness of the services it provides.
Good service records are essential for:
* Supervising and evaluating the effectiveness of the VR program;
* Ensuring the provision of counseling and planned services; and
* Verifying that service provision meets the criteria established by law and regulations.
The recorded information about a client should always 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 service 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. There should be enough information in the record to indicate whether treatment was successful, the client developed the vocational skills that were planned, and the counseling and guidance provided resulted in an improvement in the client's situation.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-2-2 - Service Record › Section 32-10-2-2.2 - Service Record

Current through June 25, 2024
OVR/OVRB/OBD 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.
The service record is a legal record and should be treated as such by all OVR/OVRB/OBD personnel. All service records are subject to legal subpoena and may be used as evidence in fair hearings or court proceedings. Therefore, opinionbased (non-factual) observations should not be entered into the record. Any information relating to the agency's evaluation of factual information should be labeled as such and should be stated as objectively as possible.
Records are to be maintained in an orderly, formal manner. All documentation must be legible and written in ink or typed and fastened in the folder in a timely fashion.
Records are to be secured to prevent any unauthorized access. 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 )
No information in the service record shall be removed, destroyed, or altered for purposes of avoiding compliance with these regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-2-2 - Service Record › Section 32-10-2-2.4 - Request For Amendment OF Case Information

Current through June 25, 2024
An applicant or client who believes that information in the service record is inaccurate or misleading may request that the agency amend the information. If the information is not amended, the request for an amendment and the reason for not amending must be documented in the service record.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-2-2 - Service Record › Section 32-10-2-2.5 - Service Record Retention And Disposal

Current through June 25, 2024
Federal and state regulations require the retention of closed service records for a period of three (3) years, beginning with the date of the final expenditure report for the year in which the record was closed.
All records must be shredded to prevent the accidental, inappropriate disclosure of confidential information. Each office is equipped with an industrial size shredder for this purpose.
The following situations may require records to be retained longer than three (3) years from exit:
1. All records involved in an administrative
				review and/or fair hearing must be maintained for three (3) years after a final
				decision is made.
2. If any
				litigation has been initiated, records will be retained until the resolution of
				all issues, or the end of the regular three-year period, whichever is
				later.
4. The records of clients
				closed in non-competitive, non-integrated, extended employment will be retained
				for three (3) years after the last review and reevaluation takes place.
Information entered into the agency's electronic case
				  management system is retained indefinitely.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.0 - Confidentiality

Current through June 25, 2024
OVR/OVRB/OBD hereby expresses the following written policies to safeguard the confidentiality of all personal information. These policies 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 OVR/OVRB/OBD's need to collect personal information and the
				policies governing its use, including:
* Identification of the authority under which information is
				  collected;
* Explanation of the principal purposes for which
				  OVR/OVRB/OBD intends to use or release the information;
* Explanation of whether providing requested information to
				  MDRS is mandatory or voluntary and the effects of not providing requested
				  information;
* Identification of those situations in which MDRS requires
				  or does not require informed written consent of the individual before
				  information may be released; and
* Identification of other agencies to which information is
				  routinely released.
4. An
				explanation of state policies affecting personal information will be provided
				to each individual in that individual's native language or through the
				appropriate mode of communication.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.1 - State Program USE [26]

Current through June 25, 2024
All personal information in the possession of OVR/OVRB/OBD is used only for the purposes directly connected with the administration of the VR program. Information containing identifiable personal information is not shared with advisory or other bodies that do not have official responsibility for administration of the program.
During program administration, OVR/OVRB/OBD may obtain personal information from service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided elsewhere in this section.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.2 - Release To Applicants And Recipients Of Services [27]

Current through June 25, 2024
1.
				Except as provided elsewhere in this section, if requested in writing by an
				applicant or recipient of services, OVR/OVRB makes all requested information in
				that individual's record of services accessible and will release the
				information to the individual or the individual's representative in a timely
				manner.
2. Medical, psychological,
				or other information that MDRS determines may be harmful to the individual may
				not be released directly to the individual but must be provided to the
				individual through a third party chosen by the individual.
Third parties may include, among others, an advocate, a
				  family member, or a qualified medical or mental health professional, unless a
				  representative has been appointed by a court to represent the individual, in
				  which case the information must be released to the court-appointed
				  representative.
3. If
				personal information has been obtained from another agency or organization, it
				may be released only by, or under the conditions established by, the other
				agency or organization.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.3 - Internal Audit Authority

Current through June 25, 2024
MDRS' Office of Program Integrity is authorized to operate under MS Code §
									25-65-17, which states: The director and the internal audit staff shall have access to all personnel and any records, data and other information of the university, community/junior college or state agency deemed necessary to carry out assigned duties. The university, community/junior college or agency internal audit director shall maintain the confidentiality of any public records that are made confidential by law, and shall be subject to the same penalties as the custodian of those public records for violating confidentiality statutes.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.4 - Release For Audit, Evaluation, And Research [28]

Current through June 25, 2024
Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research only for purposes directly connected with the administration of the VR program or for purposes that would significantly improve the quality of life for applicants and recipients of services and only if the organization, agency, or individual assures that:
1. The information will
				be used only for the purposes for which it is being provided;
2. The information will be released only to
				persons officially connected with the audit, evaluation, or research;
3. The information will not be released to
				the involved individual;
4. The
				information will be managed in a manner to safeguard confidentiality;
				and
5. The final product will not
				reveal any personal identifying information without the informed written
				consent of the involved individual or the individual's
				representative.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.5 - Release To Other Programs Or Authorities [29]

Current through June 25, 2024
1. Upon
				receiving the informed written consent of the individual or, if appropriate,
				the individual's representative, OVR/OVRB/OBD may release personal information
				to another agency or organization, in accordance with a written agreement, for
				its program purposes only to the extent that the information may be released to
				the involved individual or the individual's representative and only to the
				extent that the other agency or organization demonstrates that the information
				requested is necessary for its program.
2. Medical or psychological information that
				OVR/OVRB that the information will be used only for the purpose for which it is
				being provided and will not be further released to the individual.
3. OVR/OVRB/OBD must release personal
				information if required by federal law or regulations.
4. OVR/OVRB/OBD must release personal
				information in response to investigations in connection with law enforcement,
				fraud, or abuse, unless expressly prohibited by federal or state laws or
				regulations, and in response to an order issued by a judge, magistrate, or
				other authorized judicial officer.
5. OVR/OVRB/OBD also may release personal
				information in order to protect the individual or others if the individual
				poses a threat to his or her safety or to the safety of others.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-4-4 - Hearing And Mediation Procedures › Section 32-10-4-4.0 - Purpose

Current through June 25, 2024
OVR/OVRB ensures every applicant, or recipient of services, who is dissatisfied with any determination made by agency staff that affects the provision of VR services, is given the opportunity to request a timely review of that determination.
The individual, or if appropriate, his/her representative is informed in writing of his/her right to obtain a review through informal dispute resolution efforts, mediation or an impartial due process hearing:
1. At the time of application
				for services;
2. When assigned to a
				category in the agency's Order of Selection;
3. At IPE development; and
4. Whenever VR services for an individual are
				reduced, suspended, or terminated.
The individual, or if appropriate, his/her 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 individual
				  during mediation sessions or impartial due process hearings. The information
				  provided shall be made available in a mode of communication that is accessible
				  (understandable) to the individual. 
				  30
Individuals who are found ineligible for VR services, and
				  previously eligible individuals who are determined to be no longer eligible,
				  are permitted to challenge the determinations of ineligibility under the
				  procedures described in this section. 
				  31
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-4-4 - Hearing And Mediation Procedures › Section 32-10-4-4.4 - SUSPENSION, REDUCTION, OR TERMINATION OF SERVICES

Current through June 25, 2024
The State unit may not institute a suspension, reduction, or termination of VR services being provided to an individual, including evaluation and assessment services and IPE development, pending a resolution through mediation, pending a decision by a hearing officer or reviewing official, or pending informal resolution under this section unless: 47
1. The individual or, in appropriate cases,
				the individual's representative requests a suspension, reduction, or
				termination of services; or
2. The
				agency has evidence that the services have been obtained through
				misrepresentation, fraud, collusion, or criminal conduct on the part of the
				individual or the individual's representative.
OVR/OVRB/OBD 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, OVR/OVRB/OBD 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 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-4-4 - Hearing And Mediation Procedures › Section 32-10-4-4.5 - 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. 48
In any such action, the court:
1. Receives the records related to the
				impartial due process hearing;
2.
				Hears additional evidence at the request of a party; and
3. 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 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.0 - Eligibility Policy Statement

Current through June 25, 2024
OVR/OVRB counselors shall determine whether an individual is eligible for VR services within a reasonable period of time, not to exceed 60 calendar days after the individual has submitted an application for services. The eligibility determination period may be extended if:
1. Exceptional and unforeseen circumstances
				beyond the control of the counselor preclude the making of the eligibility
				determination within 60 days, and the counselor and the individual agree to a
				specific extension of time, or
2.
				The counselor is exploring an individual's abilities, capabilities, and
				capacity to perform in work situations through the use of Trial Work
				Experiences (TWE). 
				49 (See Section 5.7 )
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.1 - Assessment For Determining Eligibility And Priority For Services

Current through June 25, 2024
The assessment to determine eligibility for services is based on, as appropriate in each case:
1. A
				review of existing data to determine eligibility and assign an appropriate
				priority category 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, or
3. To the extent additional data is necessary
				to make a determination of the employment outcomes, and the objectives, nature,
				and scope of VR services, to be included in the IPE 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
				individuals.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.2 - Eligibility Criteria

Current through June 25, 2024
An individual is eligible for VR services when the following three (3) criteria have been met:
1.
				The individual has a physical or mental impairment;
2. The individual's impairment constitutes or
				results in a substantial impediment to employment; and
3. The individual requires VR services to
				prepare for, secure, retain, advance in, or regain employment consistent with
				the individual's strengths, resources, priorities, concerns, abilities,
				capabilities, interests, and informed choice.
If an individual meets the first two (2) criteria, OVR/OVRB will assume he/she can benefit from services in terms of an employment outcome. 50 However, if the significance of the individual's disability prevents the VR counselor from making this assumption, the individual may participate in a TWE.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.3 - Presumption OF Eligibility For SSI/SSDI Recipients

Current through June 25, 2024
Section 102(a)(3)(A) of the Act51 states that an individual who has been determined to have a disability, or to be blind pursuant to either Title II or Title XVI of the Social Security Act shall be:
* Considered to be an individual with a significant disability52 ; and
* Presumed to be eligible for VR services (provided the individual intends to achieve a specific employment outcome) unless the agency can demonstrate by clear and convincing evidence, documented in the service record, that the individual is incapable of benefiting in terms of an employment outcome due to the severity of his/her disability.
Thus, valid documentation from the Office of Disability Determination Services (DDS) or the Social Security Administration (SSA) is sufficient to show that an individual meets the first two (2) eligibility criteria.
However, if an individual asserts that he/she is eligible for SSI/SSDI but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the counselor must verify the individual's eligibility under title II or title XVI of the Social Security Act via contact with the SSA. This verification must be made within a reasonable period of time that enables the counselor to determine the individual's eligibility for VR services within 60 calendar days of the date of application. 53 No additional tests or procedures are used to assess intent" of individuals who are SSI/SSDI recipients that would hinder timely access to VR services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.4 - Determinations By Officials Of Other Agencies

Current through June 25, 2024
Determinations made by officials of other agencies, particularly education officials responsible for the public education of students with disabilities, regarding whether an individual is an individual with a disability, shall be used, to the extent appropriate, in assisting OVR/OVRB counselors in making eligibility determinations for VR services. 54
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.5 - Functional Limitations And Substantial Impediments To Employment

Current through June 25, 2024
A physical or mental impairment must be assessed in terms of the difficulties the impairment presents to the individual's ability to function vocationally.
Functional limitations
are defined as substantial impediments, directly related to an employment outcome, that result from the individual's disability in areas of communication, interpersonal skills, self-care, self-direction, mobility, work tolerance, and work skills.
Substantial impediment
to employment means that a physical or mental impairment (in consideration of medical, psychological, vocational, educational, or other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining competitive integrated employment consistent with the individual's abilities, capabilities, and informed choice.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.6 - Comprehensive Assessment

Current through June 25, 2024
A comprehensive assessment shall be performed, to the extent necessary, in the most integrated setting possible consistent with the individual's needs and informed choice, to determine eligibility for and the scope of, VR and supported employment services. The assessment shall be sufficient to determine, and the service record shall document, whether an individual has a physical or mental impairment that constitutes or results in a substantial impediment to employment. The assessment will include an appraisal of the individual based, to the extent possible, on available medical information, and, as appropriate, evaluation by qualified personnel of the potential to benefit from rehabilitation services. 55
A comprehensive assessment may include evaluations in one or more areas, such as:
* Medical
* Psychiatric/psychological
* Personality
* Career interests
* Interpersonal skills
* Intelligence and related functional capacities
* Educational achievements
* Work experience
* Work behaviors
* Work in real job situations
* Vocational aptitudes
* Personal and social adjustments
* Employment opportunities
* Rehabilitation technology
* Other pertinent vocational, educational, cultural, social, recreational, and/or environmental factors
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.7 - Trial Work Experiences (twe)

Current through June 25, 2024
TWEs are explorations of an individual's abilities, capabilities, and capacity to perform in realistic work situations provided in the most integrated setting possible consistent with the informed choice and rehabilitation needs of the individual.
A TWE is provided when there is insufficient assessment data to determine whether an individual can benefit from VR services in terms of a competitive integrated employment outcome. During TWEs, OVR/OVRB counselors must provide appropriate supports, including, but not limited to, assistive technology devices/services and personal assistance services to accommodate the rehabilitation needs of the individual.56
TWEs must be of sufficient variety and over a sufficient period of time in order to determine if: 57
1. There is sufficient evidence to conclude
				the individual can benefit from the provision of VR services in terms of an
				employment outcome; or
2. There is
				clear and convincing evidence that, due to the severity of the individual's
				disability, the individual is incapable of benefitting from VR services in
				terms of an employment outcome.
Clear and convincing evidence
requires that
				  staff have a high degree of certainty before concluding that an individual is
				  incapable of benefiting from services in terms of an employment outcome. Thus,
				  the cursory review of existing information alone would not provide the degree
				  of evidence needed. However, in those limited circumstances when the individual
				  is unable to participate in a TWE, clear and convincing evidence could include
				  a description of assessments, including situational assessments and supported
				  employment assessments, from service providers who have concluded they would be
				  unable to meet the individual's needs due to the severity of his/her
				  disability.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-5-5 - Eligibility › Section 32-10-5-5.8 - Certification Of Eligibility

Current through June 25, 2024
When an individual has been determined eligible for VR services, a Certificate of Eligibility shall be completed, dated, and signed by the OVR/OVRB counselor.
The Certificate of Eligibility shall show the individual:
1. Has a disability that
				results in a substantial impediment to employment;
2. Can benefit from specific VR services;
				and
3. Will require those services
				to prepare for, secure, retain, advance in, or regain employment.