reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 11 - DEBARMENT AND SUSPENSION FROM PARTICIPATION IN AUTHORITY PROGRAMS AND TRANSACTIONS › Section R. 125.224 - Reinstatement after suspension

Current through Vol. 24-12, July 15, 2024
Rule 224.
(1)
				Suspended participants or contractors may not resume participation in authority
				programs or transactions until the expiration of the stated period of
				suspension or a petition for early reinstatement has been submitted and
				approved by an authorized officer, whichever occurs first.
(2) Petitions for early reinstatement may
				only be submitted as follows:
(a) Upon
				discovery of new evidence that was not previously discoverable, or upon the
				dismissal of criminal charges or civil or administrative action, the reversal
				of a criminal conviction or civil judgment, or the reversal of the suspension,
				debarment, or other exclusion imposed by another government agency, upon which
				the authority suspension was based.
(b) Upon a bona fide change in ownership or
				management of the person suspended.
(c) Upon proof that the causes for suspension
				have been eliminated.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3601 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Begin date" means the first day for
				which the family independence group is eligible for benefits.
(b) "Employment and training components"
				includes both of the following:
(i) Work
				activities defined in section 407(d) of
				Public Law
				104-193,
				42 U.S.C.
				§607(d).
(ii) Job club, internship, and postsecondary
				education.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3602 - Employment expectations

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				non-deferred client shall accept suitable employment up to 40 hours per
				week.
(2) A client who is deferred
				on the basis of working the minimum number of hours required to meet the
				federal work requirement shall accept suitable employment up to 40 hours per
				week, unless the department determines that the employment would interfere with
				the individual's attendance at, or successful completion of, a self-initiated
				education or job training program that the department has approved.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3604 - Special program groups

Current through Vol. 24-12, July 15, 2024
Rule 4. Selected family independence program groups may be
				  served by programs other than the employment and training program.
				  R
				  400.3602,
				  R
				  400.3603, and
				  R 400.3606 to
				  R
				  400.3612 apply to the following selected program
				  groups:
(a) Refugees served by the
				Michigan works association (MWA) with the assistance of refugee
				contractors.
(b) Persons in
				transitional housing programs designated by the Michigan state housing
				development authority and funded by the United States department of housing and
				urban development, Michigan state housing development authority, or entitlement
				community block grants.
(c) Active
				Michigan rehabilitation services participants.
(d) Active job corps, volunteers in service
				to America, and AmeriCorps participants.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3606 - Noncompliance with employment and training requirements

Current through Vol. 24-12, July 15, 2024
Rule 6. The following conduct constitutes noncompliance with
				  employment and training requirements for applicants and recipients of the
				  family independence program:
(a)
				Failing or refusing to appear for a scheduled appointment or meeting.
(b) Failing or refusing to participate in an
				assigned activity or component.
(c)
				Stating orally or in writing a definite intent not to comply with program
				requirements.
(d) Refusing
				supportive services if the refusal prevents participation in employment and
				training requirements.
(e)
				Exhibiting disruptive behavior that prevents others from pursuing their
				employment and training requirements.
(f) Threatening or physically abusing
				department or program staff or other program participants.
(g) Failing or refusing to accept a job
				referral.
(h) Failing or refusing
				to complete a job application.
(i)
				Failing or refusing to appear for a job interview.
(j) Refusing an offer of suitable
				employment.
(k) Voluntarily leaving
				a job.
(l) Being terminated from
				employment for misconduct or absenteeism.
(m) Voluntarily reducing hours of employment
				or otherwise reducing earnings.
(n)
				Refusing to accept suitable employment up to 40 hours per week, unless the
				department determines that the employment would interfere with the individuals
				attendance at, or successful completion of, a self-initiated education or job
				training program that the department has approved and the client is meeting the
				federal work requirement.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3607 - Good cause reasons for noncompliance with employment and training requirements

Current through Vol. 24-12, July 15, 2024
Rule 7. The following are good cause reasons for
				  noncompliance with employment and training requirements that apply to
				  applicants and recipients of the family independence program:
(a) The applicant or recipient suffers from a
				temporary debilitating illness or injury or an immediate family member has a
				debilitating illness or injury and the applicant or recipient is needed in the
				home to care for the family member.
(b) The applicant or employee lacks child
				care as defined in section 407(e)(2) of
				Public Law
				104-193,
				42 U.S.C.
				§607(e)(2).
(c) Either employment or training commuting
				time is more than 2 hours per day or is more than 3 hours per day when there
				are unique and compelling circumstances, such as a salary at least twice the
				applicable minimum wage or the job is the only available job placement within a
				3 hour commute per day, not including the time necessary to transport a child
				to child care facilities.
(d)
				Transportation is not available to the participant at a reasonable
				cost.
(e) The employment or
				participation involves illegal activities.
(f) The applicant or recipient is physically
				or mentally unfit to perform the job, as documented by medical evidence or by
				reliable information from other sources.
(g) The applicant or recipient is illegally
				discriminated against on the basis of age, race, disability, gender, color,
				national origin, or religious beliefs.
(h) Credible information or evidence
				establishes 1 or more unplanned or unexpected events or factors that reasonably
				could be expected to prevent, or significantly interfere with, the individual's
				compliance with employment and training requirements.
(i) The applicant or recipient quit
				employment to obtain comparable employment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3608 - Financial assistance penalties

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				noncompliance penalty is imposed in the following situations:
(a) A non-deferred group member fails,
				without good cause, to participate in employment related activities as
				required.
(b) A group member who is
				meeting the federal work requirements by working the minimum number of hours
				and any of the following provisions apply:
(i)
				The group member fails to accept suitable employment up to 40 hours per week
				without good cause, unless the department determines that the employment would
				interfere with the individual's attendance at, or successful completion of, a
				self-initiated education or job training program that the department has
				approved and the client is meeting the federal work requirement.
(ii) The group member voluntarily leaves a
				job without good cause.
(iii) The
				group member voluntarily reduces hours of employment without good
				cause.
(iv) The group member is
				terminated from employment for misconduct or absenteeism without good
				cause.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3609 - Member removal and case closure; effect on employment related activities penalty

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) If a
				noncomplying person leaves the home while a penalty is imposed, then the
				remaining group members are not subject to the penalty.
(2) If the group becomes ineligible for
				family independence assistance while a penalty is imposed, then the penalty is
				reinstated if the group reapplies and the noncomplying person still refuses to
				participate. A penalty will not be reinstated if the family can demonstrate
				that the noncomplying individual was employed and meeting the federal
				participation standard while the case was closed. The penalty is reinstated as
				follows:
(a) If the first 2 months of
				eligibility or 4 consecutive months, whichever is applicable, have not expired
				since the initial implementation of the penalty, then the penalty is reinstated
				using the original begin date.
(b)
				If the first 2 months of eligibility or 4 consecutive months, whichever is
				applicable, have expired since the initial implementation of the penalty, then
				the group is ineligible for family independence assistance. A penalty will not
				be reinstated if the family can demonstrate that the noncomplying individual
				was employed and meeting the federal participation standard while the case was
				closed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3610 - Noncompliance with employment related activities requirements; food assistance disqualification

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				department shall impose a noncompliance disqualification for food assistance if
				a food assistance group member, who is not also an applicant for or recipient
				of cash assistance, fails, without good cause, to comply with the employment
				and training program. Noncompliance with family independence program
				requirements shall be counted when determining the disqualification
				period.
(2) The department shall
				apply a disqualification for food assistance as follows:
(a) The noncomplying group member is removed
				from the eligible group for 1 month for a first instance of
				noncompliance.
(b) The noncomplying
				group member is removed from the eligible group for 6 months for each instance
				of noncompliance after the first instance.
(c) Once imposed, a disqualification
				continues in consecutive months even if the case is closed or the disqualified
				person is subject to another ineligibility disqualification.
(d) A disqualification ends if the
				disqualified person becomes deferred under food assistance deferral rules for
				any reason other than application for, or receipt of, unemployment
				compensation.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3611 - Subsequent applications for food assistance benefits after application denial or case closure due to comparable penalty

Current through Vol. 24-12, July 15, 2024
Rule 11. If a group whose food assistance benefits were
				  denied or whose case was closed due to the imposition of a comparable family
				  independence program penalty or disqualification applies for food assistance
				  benefits, but not cash assistance, then the following provisions apply:
(a) If the denial or closure was due to the
				failure to meet a family independence employment-related activities
				requirement, then the mandatory food assistance participant who caused the
				penalty for disqualification shall complete a willingness to comply test. If
				the mandatory food assistance participant does not complete the willingness to
				comply test, then he or she is disqualified as specified in
				R 400.3610.
(b) If the group is eligible, then the begin
				date for benefits shall be set to assure 1 month's loss of benefits.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3612 - Willingness to comply test

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) If
				noncompliance without good cause results in a reduction or termination of
				department financial assistance or food assistance benefits, then, at the
				client's request, the department shall offer a willingness to comply
				test.
(2) If a person completes the
				willingness to comply test, then the groups benefits are restored as follows:
(a) If the penalty is a 25% reduction in the
				payment standard, then benefits are restored effective with the pay period in
				which the person agreed to comply, but not before the minimum penalty period of
				1 month or 2 pay periods has expired.
(b) If the penalty is group ineligibility,
				then benefits are restored as set forth in
				R 400.3611, but not before the
				minimum penalty period of 1 month or 2 pay periods has expired.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › Employment and Training Program › Section R. 400.3613 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 13. R 400.3591 to R 400.3596 of Michigan Administrative
				  Code, appearing on pages 690 to 692 of the 1985 Annual Supplement to the 1979
				  Michigan Administrative Code, are rescinded.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.53 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) MRS
				  shall assess, plan, develop, and provide vocational rehabilitation services for
				  eligible individuals with disabilities, consistent with their unique strengths,
				  resources, priorities, concerns, abilities, capabilities, interests, and
				  informed choice, to prepare for and engage in competitive integrated employment
				  and achieve economic selfsufficiency.
(2) MRS shall make available Pre-ETS
				  statewide to all students with disabilities, regardless of whether the student
				  has applied or been determined eligible for vocational rehabilitation
				  services.
(3) MRS shall engage with
				  employers to increase job opportunities for individuals with
				  disabilities.
(4) MRS provides
				  services in accordance with the provisions of an IPE. Each IPE must be designed
				  to achieve a specific employment outcome that is selected by the customer
				  consistent with the customer's unique strengths, resources, priorities,
				  concerns, abilities, capabilities, interests, and informed choice. Each IPE
				  must include a description of the specific vocational rehabilitation services
				  needed to achieve the employment outcome. Services provided must be needed to
				  achieve the customer's employment outcome and must be provided at the least
				  cost, and of sufficient quality, to meet the individual's rehabilitation
				  needs.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.55 - Confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) MRS
				  shall keep all personal information concerning individuals, including but not
				  limited to, photographs and lists of names, confidential.
(2) MRS may release personal information only
				  to individuals or entities directly connected with the administration of the
				  vocational rehabilitation program and only to the extent permitted under
				  federal regulations governing the vocational rehabilitation program.
				  Information containing identifiable personal information shall not be shared
				  with advisory or other bodies that do not have official responsibility for
				  administration of the program.
(3)
				  MRS shall release personal information only with the informed, written consent
				  of the individual. MRS shall release personal information without informed,
				  written consent of the individual as needed to protect the applicant from
				  physical harm to self or others and in response to any of the following:
(a) Law enforcement, fraud, or abuse
				  investigations.
(b) In response to
				  a judicial order.
(c) When required
				  by federal statute or regulation.
(d) For audit, research, or evaluation
				  purposes as allowed under the federal regulations
				  34 CFR
				  361.38(d).
(e) In a suspected case of abuse, neglect,
				  exploitation, or endangerment of the individual.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.56 - Application for MRS services

Current through Vol. 24-12, July 15, 2024
Rule 6. To apply for MRS services, an individual, or his or
					 her representative as appropriate, shall do all of the following:
Complete and sign an MRS application form or otherwise
					 request services and provide the equivalent information.
Provide information necessary to determine eligibility and
					 priority for services.
Be available to complete the assessment
					 process.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.57 - Eligibility criteria

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				  individual is eligible for MRS services if, after an assessment has been
				  conducted, MRS determines that the individual meets both of the following:
(a) Has a physical or mental impairment
				  which, for the individual, constitutes or results in a substantial impediment
				  to employment.
(b) Requires MRS to
				  prepare for, secure, retain, advance in, or regain employment consistent with
				  the individuals unique strengths, resources, priorities, concerns, abilities,
				  capabilities, interests, and informed choice. For purposes of an assessment for
				  determining eligibility and vocational rehabilitation needs under the act, an
				  individual shall be presumed to have a goal of an employment outcome.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.58 - Presumption of benefit

Current through Vol. 24-12, July 15, 2024
Rule 8. All individuals who apply for services, including
					 individuals who have been determined to have a disability under social security
					 disability insurance and supplemental security income, are presumed to be able
					 to benefit in terms of an employment outcome from VRS unless found to be
					 ineligible for services due to the severity of the disability by clear and
					 convincing evidence.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.59 - Eligibility determination

Current through Vol. 24-12, July 15, 2024
Rule 9. The responsibility for making an eligibility
					 determination shall be made by a qualified vocational rehabilitation counselor
					 employed by MRS and shall not be delegated to any other individual or
					 agency.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.60 - Time frame for eligibility determination

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) MRS
				  shall make an eligibility determination for MRS services no later than 60 days
				  from the date of application unless the individual is notified in writing of
				  either of the following:
(a) That the
				  eligibility period is being extended because exceptional and unforeseen
				  circumstances beyond control of the MRS counselor preclude the MRS counselor
				  from completing the determination within the prescribed time frame, and the
				  individual agrees that a specific extension of time is warranted.
(b) When extended assessment through an
				  extended evaluation plan or trial work experiences are necessary to determine
				  if the individual is capable of benefiting, in terms of an employment outcome,
				  from vocational rehabilitation services.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.61 - Extended assessment; extended evaluation plan and trial work experiences

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Before
				  an individual with a significant disability can be determined to be incapable
				  of benefiting from services in terms of an employment outcome, MRS shall
				  provide an extended assessment.
(2)
				  The presumption of employability continues during the extended assessment and
				  may be refuted only if MRS demonstrates by clear and convincing evidence that
				  the individual cannot benefit from services in terms of an employment
				  outcome.
(3) During the extended
				  assessment, MRS shall explore the individual's abilities, capabilities, and
				  capacity to perform in work situations in the most integrated settings through
				  the use of trial work experiences with appropriate supports except under
				  limited circumstances when an individual cannot or is not ready to take
				  advantage of such experiences. These circumstances include individuals who are
				  medically unstable and require treatment to achieve stability and individuals
				  whose disabilities are not treatable, remediable, or who are near
				  death.
(4) Trial work experiences
				  shall be of sufficient variety and over a sufficient period of time, and with
				  appropriate supports, so that a MRS counselor may determine the eligibility of
				  the individual or to determine the existence of clear and convincing evidence
				  that the individual is incapable of benefiting in terms of an employment
				  outcome from vocational rehabilitation services due to the severity of the
				  individual's disability.
(5) A MRS
				  counselor shall develop a written extended assessment plan that includes
				  identification of the services necessary to determine eligibility and the
				  nature and scope of services required to achieve an employment
				  outcome.
(6) An individual, or his
				  or her representative, shall be a full and active participant in the
				  development of his or her extended assessment plan and in the selection of
				  services and service providers and shall sign and be provided a copy of the
				  written document.
(7) A MRS
				  counselor shall regularly and routinely evaluate progress toward achieving the
				  assessment outcomes.
(8) A MRS
				  counselor shall terminate the extended assessment at any time an eligibility
				  determination can be made, or after 12 months, unless substantial need for
				  additional time is documented.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.62 - Presumption of eligibility for recipients of social security disability benefits

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) All of
				  the following apply to individuals who are recipients of social security
				  disability benefits, based on a disability:
(a) Considered to be an individual with a
				  significant disability.
(b)
				  Presumed to be eligible for vocational rehabilitation services, provided the
				  individual intends to achieve an employment outcome consistent with the unique
				  strengths, resources, priorities, concerns, abilities, capabilities, interests,
				  and informed choice of the individual, unless the vocational rehabilitation
				  counselor can demonstrate, by clear and convincing evidence, that the
				  individual is incapable of benefiting due to the severity of the disability of
				  the individual.
(c) Once an
				  individual has been informed of the employment nature of the program, the
				  completion of a MRS application for services shall be considered as intent to
				  achieve an employment outcome.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.63 - Use of existing information

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) To the
				  maximum extent possible, the MRS counselor shall make an eligibility
				  determination based on existing and current information, including any of the
				  following:
(a) Information available from
				  other programs and providers.
(b)
				  Schools.
(c) Social security
				  administration.
(d) Information
				  provided by the individual and the family.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.64 - Ineligibility

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) In all
				  cases where the counselor determines that an individual does not meet the
				  requirements for eligibility, the case record shall include a certification of
				  ineligibility.
(2) The
				  certification shall be signed and dated by the counselor and include
				  documentation of the reasons for the ineligibility determination.
(3) Ineligibility decisions concerning the
				  severity of a disability must be based on clear and convincing evidence that
				  the individual is incapable of benefiting in terms of an employment outcome due
				  to the severity of the individuals disability as of the date of the
				  determination, and require the counselor to explore the individuals abilities,
				  capabilities, and capacity to perform in work situations through the use of
				  trial work experiences. The ineligibility determination shall be both of the
				  following:
(a) An individualized one, based on
				  the available data, and shall not be based on assumptions about broad
				  categories of disabilities.
(b)
				  Made only after providing an opportunity for full consultation with the
				  individual or, as appropriate, the individuals representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.66 - Comprehensive assessment of rehabilitation needs

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A MRS
				  counselor shall conduct a vocational needs assessment to determine the goals,
				  nature, and scope of rehabilitation services to be included in the
				  IPE.
(2) The assessment described
				  in this rule shall begin simultaneously with the assessment for eligibility and
				  be carried out in integrated settings to the extent appropriate and consistent
				  with the individual's informed choice.
(3) The emphasis in the assessment shall be
				  on using existing and current information to the maximum extent possible, and
				  information provided by the individual and by the individual's family, as
				  appropriate.
(4) When current or
				  existing information is not sufficient to assess vocational rehabilitation
				  needs, a comprehensive assessment shall be provided which shall include all of
				  the following concerning the individual:
(a)
				  Strengths.
(b) Resources.
(c) Priorities.
(d) Concerns.
(e) Abilities.
(f) Capabilities.
(g) Rehabilitation needs, including the need
				  for supported employment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.67 - Individualized plan for employment (IPE)

Current through Vol. 24-12, July 15, 2024
Rule 17
(1) The
				  MRS counselor shall design the IPE to achieve an employment outcome of the
				  individual, consistent with the unique strengths, resources, priorities,
				  concerns, abilities, capabilities, career interests, and informed choice of the
				  individual.
(2) The case record
				  must support the selection of the vocational goal.
(3) The IPE shall be signed by the individual
				  or, as appropriate, the individual's representative and by a qualified MRS
				  rehabilitation counselor. The IPE is not a legal contract between MRS and the
				  individual.
(4) Planning and
				  approval of the IPE shall be conducted within the framework of a counseling
				  relationship.
(5) MRS counselor
				  approval of an IPE verifies that the IPE is consistent with MRS policies and
				  guidelines, is complete, and is expected to lead to an employment outcome. MRS
				  counselors shall provide a copy of the IPE, and any amendments, to the eligible
				  individual.
(6) Vocational
				  rehabilitation goods and services may only be provided in accordance with the
				  IPE.
(7) MRS shall provide
				  individuals with written notification of appeal rights, including the name and
				  address of the person with whom an appeal may be filed, and the availability of
				  the CAP during IPE development, and whenever MRS-authorized services are
				  denied, reduced, suspended, or terminated.
(8) The MRS shall notify individuals in
				  writing 10 working days before the termination, reduction, or suspension of a
				  MRS authorized service.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.68 - Standards for development; review

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) The
				  IPE shall be completed promptly by both the MRS counselor and the individual,
				  but no more than 90 days following eligibility certification, unless the
				  individual and MRS counselor require more time to arrive at an agreed upon
				  IPE.
(2) The IPE will be reviewed
				  at least annually by a qualified vocational rehabilitation counselor and the
				  individual or, as appropriate, the individuals representative, to assess the
				  individuals progress in achieving the identified employment outcome.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.69 - IPE development extension

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) If
				  more than 90 days are required to develop the IPE, an IPE development extension
				  shall be requested providing all of the following:
(a) Reason for extension.
(b) Activities or services planned to
				  complete the IPE.
(c) The agreed
				  upon plan extension date.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.70 - Options for developing IPE

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) The
				  MRS counselor shall provide the individual, or the individuals representative,
				  information on the individuals options for developing an IPE.
(2) MRS shall not pay for an agency, or a
				  representative, to develop an IPE.
(3) The options for developing all or part of
				  the IPE include the following:
(a) With
				  assistance from a MRS vocational rehabilitation counselor, to the extent
				  determined to be appropriate by the individual.
(b) With technical assistance from the MRS
				  program, or other representatives selected by the individual.
(c) The individual alone without
				  assistance.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.71 - Required components of IPE

Current through Vol. 24-12, July 15, 2024
Rule 21. The IPE shall include the following:
(a) Specific vocational goal, which must be
				  based on the assessment for determining vocational rehabilitation needs,
				  including the individuals career interests, and must be in an integrated
				  setting.
(b) A description of the
				  specific vocational rehabilitation services that meet both of the following:
(i) Needed to achieve the vocational goal,
				  including, as appropriate, the provision of assistive technology services and
				  personal assistance services, including training in the management of such
				  services.
(ii) Provided in the most
				  integrated setting that is appropriate for the service involved, and is
				  consistent with the informed choice of the individual.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.72 - Participation; individuals with disabilities; cost of IPE services

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1)
				  Individuals shall be encouraged to participate in the cost of the services
				  listed in their IPE to the extent they are able to do so.
(2) Financial participation in the cost of
				  services is not required except in the areas of college and vocational
				  training.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.73 - Comparable benefits and services in the IPE

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) If
				  comparable services and benefits are available to the individual, the services
				  and benefits must be utilized to meet, in whole or part, the cost of vocational
				  rehabilitation services.
(2) If
				  comparable services or benefits exist under any other program, but are not
				  available to the individual at the time needed to satisfy the rehabilitation
				  objectives in the individuals IPE, MRS shall provide vocational rehabilitation
				  services until those comparable services and benefits become
				  available.
(3) The utilization of
				  comparable services and benefits do not apply in the following situations:
(a) If the determination of the availability
				  could delay or interrupt the progress of the individual toward achieving the
				  employment outcome identified in the individualized plan for
				  employment.
(b) If the
				  determination of the availability would delay the provision of vocational
				  rehabilitation to any individual who is at extreme medical risk, based on
				  medical evidence provided by an appropriate qualified medical
				  professional.
(c) If an immediate
				  job placement would be lost due to a delay in the provision of comparable
				  benefits.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.74 - Services; general

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) The
				  services MRS counselors may provide, arrange, or purchase for an individual
				  with a disability include those services related to an IPE necessary to assist
				  the individual in preparing for, securing, retaining, or regaining an
				  employment outcome in an integrated setting that is consistent with the
				  individuals strengths, resources, priorities, concerns, abilities,
				  capabilities, interests, and informed choice.
(2) MRS services provided shall be published
				  in MRS policy and be made available to the public.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.76 - Rates of payment

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) MRS
				  shall maintain a fee schedule for select vocational rehabilitation services.
				  The fee schedule is a complete list of established rates of payment used to
				  authorize and pay for specified services.
(2) The MRS fee schedule for vocational
				  rehabilitation services is not absolute and MRS shall allow exceptions to the
				  fee schedule so that individual needs can be addressed. The MRS fee schedule
				  for vocational rehabilitation services must not be so low as to effectively
				  deny an individual a necessary service.
(3) MRS shall authorize for services not
				  listed on the fee schedule at the least cost to MRS that will ensure sufficient
				  quality of services to meet the individual's vocational rehabilitation
				  need.
(4) MRS shall not place an
				  absolute dollar limit on specific service categories or on the total services
				  provided to an individual.
(5) MRS
				  is not responsible for the cost of out-of-state services in excess of the cost
				  of in-state services if either service would meet the individual's vocational
				  rehabilitation needs.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.77 - Case closure prior to eligibility

Current through Vol. 24-12, July 15, 2024
Rule 27. The MRS counselor shall close an individuals case
					 record under any of the following conditions:
(a) It is determined that the individual does
				  not meet MRS eligibility criteria.
(b) The individual selects an extended
				  sheltered employment outcome after being informed of the integrated employment
				  purpose of the program.
(c) The
				  individual declines to participate in or is unavailable during an extended
				  period to complete an eligibility assessment, and MRS has made a reasonable
				  number of attempts to contact the individual or, as appropriate, the
				  individuals representative to encourage participation.
(d) The individual has chosen to assign his
				  or her Ticket to Work to an alternative third party vocational rehabilitation
				  service with which MRS does not have an Employment Network Agreement.
(e) The individual refuses services, is
				  deceased, or is institutionalized.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.78 - Case closure; severity of disability

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) A MRS
				  counselor shall not close a case due to the severity of the individual's
				  disability except when on the basis of clear and convincing evidence, and after
				  a period of extended assessment or rehabilitation services have been provided,
				  MRS determines that an employment outcome cannot be achieved.
(2) The individual, or parent or guardian as
				  appropriate, shall be provided an opportunity to discuss an ineligibility
				  decision before the individual's case is closed due to ineligibility.
(3) A MRS counselor shall prepare a
				  certificate of ineligibility signed and dated by the MRS counselor for case
				  closures due to ineligibility.
(4)
				  Before closing a case non-rehabilitated for reasons of ineligibility due to
				  severity of disability, the MRS counselor shall ensure that as part of the test
				  of clear and convincing evidence, accommodation services and assistive
				  technology would not enable the individual to become employed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.79 - Requirements for closing the record of services of an individual who has achieved an employment outcome

Current through Vol. 24-12, July 15, 2024
Rule 29. The record of services of an individual who has
					 achieved an employment outcome may be closed only if all of the following
					 requirements are met:
(a) The
				  individual has achieved the employment outcome that is described in the
				  individual's IPE.
(b) The
				  employment outcome is consistent with the individual's unique strengths,
				  resources, priorities, concerns, abilities, capabilities, interests, and
				  informed choice.
(c) The individual
				  has maintained the employment outcome for an appropriate period of time, but
				  not less than 90 days, necessary to ensure the stability of the employment
				  outcome, and the individual no longer needs vocational rehabilitation
				  services.
(d) The individual and
				  MRS counselor consider the employment to be satisfactory and agree the
				  individual is performing well on the job.
(e) The individual is informed through
				  appropriate modes of communication of the availability of post-employment
				  services.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.80 - Individual not rehabilitated; case closure

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) The
				  MRS counselor may close the case record of an individual as not
				  rehabilitated.
(2) Reasons for
				  closing a case not rehabilitated other than for ineligibility include any of
				  the following:
(a) Inability to locate the
				  individual or the individual has moved out of state.
(b) Individual working with another
				  employment network.
(c) Death of
				  the individual.
(d) Extended
				  services were not available for the individual.
(e) The individual was placed in a
				  non-integrated setting for a public or nonprofit organization under extended
				  employment.
(f) The individual will
				  be in a facility such as a hospital, nursing home, or treatment center for a
				  considerable period of time.
(g)
				  The individual has been incarcerated in a prison, jail, or other criminal
				  correction facility.
(h) The
				  individual does not require MRS to prepare for, enter into, engage in, or
				  retain gainful employment consistent with his or her strengths, resources,
				  priorities, concerns, abilities, capabilities, and informed choice.
(i) The individual is no longer interested in
				  receiving services or further services, including an individual whose actions
				  or non-actions make it impossible to begin or continue the vocational
				  rehabilitation program.
(j) The
				  individual has transferred to another agency.
(k) Transportation is not possible or
				  available.
(l) The individual has
				  committed an act of violence or threatened violence.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.81 - Rehabilitation case closure; supported employment

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) The
				  MRS counselor shall close rehabilitated in supported employment under any of
				  the following circumstances:
(a) The
				  employment represents competitive employment in an integrated
				  setting.
(b) The individual is
				  working towards competitive employment and is in an integrated work
				  setting.
(c) The individual is part
				  of a work group of not more than 8 employees with disabilities and regularly
				  interacts with individuals who do not have disabilities, including the general
				  public, while performing job duties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.82 - Notice of case closure

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) An
				  individual whose case is closed for any reason, except for death or no known
				  address, shall be notified in writing of his or her case closure. The case
				  closure notice shall include all of the following:
(a) The effective date of closure.
(b) A narrative description of the reason or
				  reasons for closure.
(c) The right
				  to appeal, including mediation, the closure decision.
(d) The process for seeking appeal and
				  mediation, including the availability of the CAP to assist with an
				  appeal.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.84 - Review; hearing; costs

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1)
				  Individuals or, if appropriate, their representatives, have the right to appeal
				  any decision made by MRS personnel that affects the provision of VRS with which
				  they are dissatisfied by requesting a hearing.
(2) Written notification of the right to
				  appeal, including the name and address of the person with whom an appeal may be
				  filed, and the availability of the CAP, shall be provided to individuals at the
				  following stages:
(a) At
				  application.
(b) Case
				  closure.
(c) When assigned an order
				  of selection category.
(d) When an
				  IPE is developed.
(e) Whenever an
				  authorized service is reduced, suspended, or terminated.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.85 - Informal review

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1)
				  Whenever possible, MRS shall attempt to resolve disagreements informally, prior
				  to mediation or a hearing.
(2) An
				  individual may request a meeting with the MRS counselor, the appropriate
				  supervisor, and/or a CAP representative, if desired, to explore options for
				  resolving disputes. An individual may request a meeting with the MRS counselor,
				  the appropriate supervisor, and/or a CAP or individuals representative, if
				  desired, to explore options for resolving disputes.
(3) An individual may request mediation or a
				  hearing immediately without undergoing the informal review.
(4) The informal review may not be used to
				  deny or delay the individuals right to pursue mediation or the hearing within
				  the specified time period.