Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.54 - Participation of individuals in cost of services based on financial need

Current through June 25, 2024
(a) No Federal requirement. There is no
					 Federal requirement that the financial need of individuals be considered in the
					 provision of vocational rehabilitation services.
(b) State unit requirements.
(1) The State unit may choose to consider the
					 financial need of eligible individuals or individuals who are receiving
					 services through trial work experiences under Sec. 361.42(e) or during an
					 extended evaluation under Sec. 361.42(f) for purposes of determining the extent
					 of their participation in the costs of vocational rehabilitation services,
					 other than those services identified in paragraph (b)(3) of this
					 section.
(2) If the State unit
					 chooses to consider financial need--
(i) It
					 must maintain written policies--
(A)
					 Explaining the method for determining the financial need of an eligible
					 individual; and
(B) Specifying the
					 types of vocational rehabilitation services for which the unit has established
					 a financial needs test;
(ii) The policies must be applied uniformly
					 to all individuals in similar circumstances;
(iii) The policies may require different
					 levels of need for different geographic regions in the State, but must be
					 applied uniformly to all individuals within each geographic region;
					 and
(iv) The policies must ensure
					 that the level of an individual's participation in the cost of vocational
					 rehabilitation services is--
(A)
					 Reasonable;
(B) Based on the
					 individual's financial need, including consideration of any disability-related
					 expenses paid by the individual; and
(C) Not so high as to effectively deny the
					 individual a necessary service.
(3) The designated State unit may not apply a
					 financial needs test, or require the financial participation of the
					 individual--
(i) As a condition for furnishing
					 the following vocational rehabilitation services:
(A) Assessment for determining eligibility
					 and priority for services under Sec. 361.48(a), except those non-assessment
					 services that are provided to an individual with a significant disability
					 during either an exploration of the individual's abilities, capabilities, and
					 capacity to perform in work situations through the use of trial work
					 experiences under Sec. 361.42(e) or an extended evaluation under Sec.
					 361.42(f).
(B) Assessment for
					 determining vocational rehabilitation needs under Sec. 361.48(b).
(C) Vocational rehabilitation counseling and
					 guidance under Sec. 361.48(c).
(D)
					 Referral and other services under Sec. 361.48(d).
(E) Job-related services under Sec.
					 361.48(l).
(F) Personal assistance
					 services under Sec. 361.48(n).
(G)
					 Any auxiliary aid or service (e.g., interpreter services under Sec. 361.48(j),
					 reader services under Sec. 361.48(k)) that an individual with a disability
					 requires under section 504 of the Act (
					  29 U.S.C.
					 794  ) or the Americans with Disabilities Act
					 (  42 U.S.C.
					 12101, et seq.), or regulations implementing
					 those laws, in order for the individual to participate in the VR program as
					 authorized under this part; or
(ii) As a condition for furnishing any
					 vocational rehabilitation service if the individual in need of the service has
					 been determined eligible for Social Security benefits under Titles II or XVI of
					 the Social Security Act.