reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.03 - Meaning of Terms in 107 CMR 4.00

Current through Register 1525, July 5, 2024
The terms used in
				107 CMR 4.00 have the meanings
				ascribed in
				107 CMR
				3.00, unless otherwise specified in
				107 CMR 4.00.
Assessment for Eligibility, Order of Selection
				Priority and Rehabilitation Needs
refers to the review by a
				qualified vocationalrehabilitation counselor of existing medical, psychological
				or other documentation to determine:
(a) The existence of a physical or mental
			 impairment that is a substantial impediment to employment for the individual
			 that;
(b) The individual can
			 benefit in terms of achieving an employment outcome and;
(c) The individual does require vocational
			 rehabilitation services to prepare for, enter, engage in or retain gainful
			 employment.
Documentation may include information directly obtained from
				the individual with a disability, the individual's guardian or family members
				and counselor observation. It may also be obtained with the individual's
				consent from a treating physician, a qualified licensed or certified
				practitioner skilled in the diagnosis and/or treatment of the disability, the
				Social Security Administration, school personnel or other qualified sources
				that confirms the existence of the disability and can assist the vocational
				rehabilitation counselor in determining how the disability is a substantial
				impediment to employment.
Comprehensive Assessment
refers to the
				additional assessment that may be required if the existing information is
				insufficient for a vocational rehabilitation counselor to determine an
				individual's eligibility, priority category or vocational rehabilitation
				needs.
Presumption of Benefit
refers to the
				assumption that all individuals who meet the eligibility requirements listed
				above can benefit from vocational rehabilitation services in terms of an
				employment outcome unless it can be proved by clear and convincing evidence
				that they can not benefit due to the severity of their disability.
Presumption of Eligibility
refers to
				the assumption that individuals who receive Social Security benefits under
				Title II or XVI of the Social Security Act (SSI or SSDI) are eligible for
				vocational rehabilitation services.
Trial Work Experience
means an
				exploration of abilities, capabilities and capacity to perform in work
				situations using a variety of realistic work settings that must be provided to
				an individual before a determination of ineligibility based on severity of
				disability can be made. The counselor must develop a written plan to
				periodically assess the individual's progress at least once every 90 days.
				Under limited circumstances if an individual is unable to take advantage of a
				trial work experience then an extended evaluation must be provided. An extended
				evaluation must also include a written plan and be reviewed at least once every
				90 days
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.04 - Referral and Application

Current through Register 1525, July 5, 2024
(1) An individual
			 may refer him or herself, be referred by any other individual, agency or
			 organization to the Commission for services. The referral may be made in
			 writing, by phone or in person. Individuals who are not US citizens must be
			 able to prove that they are legally able to work in the United States as
			 determined by the U.S. Citizenship and Immigration Services.
(2) Once a referral is received, the
			 counselor will make every attempt to contact the individual to arrange an
			 appointment to discuss Commission services, eligibility requirements, and the
			 vocational rehabilitation process.
(3) Any individual or if appropriate, his or
			 her designee, may apply for vocational rehabilitation services by making a
			 written, dated and signed application. The application needs to include the
			 individual's name, address, age, sex, disability and social security
			 number.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.06 - Presumption of Eligibility

Current through Register 1525, July 5, 2024
If an individual with a disability can provide verification
				that he or she is receiving SSI or SSDI benefits as determined by the Social
				Security Administration; he or she is presumed to be eligible for vocational
				rehabilitation services. SSI and SSDI recipients will be considered eligible
				with at least a significant disability by federal regulation, unless they meet
				the criteria for a most significant disability.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.07 - Eligibility, Ineligibility, Trial Work Experience and Extended Evaluation

Current through Register 1525, July 5, 2024
(1) An individual is eligible for vocational
			 rehabilitation assistance if the individual:
(a) Has a physical or mental impairment which
			 for such individual constitutes or results in a substantial impediment to
			 employment; and
(b) Requires
			 vocational rehabilitation services to prepare for, enter, engage in or retain
			 gainful employment consistent with the applicant's unique strengths, resources,
			 priorities, concerns, abilities, capabilities and informed choice;
			 and
(c) Can benefit from vocational
			 rehabilitation services in terms of an employment outcome. It will be presumed
			 that an individual can benefit from vocational rehabilitation services in terms
			 of an employment outcome unless the Commission can demonstrate by clear and
			 convincing evidence that he or she is incapable of benefiting from such
			 services in terms of an employment outcome.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.08 - Order of Selection

Current through Register 1525, July 5, 2024
Order of selection refers to the process of selecting eligible
				individuals with disabilities who can be provided vocational rehabilitation
				services when the Commission has determined that resources are inadequate to
				provide services to all eligible individuals.
(1) All eligible individuals will be assigned
			 to:
(a) Priority Category I if they have been
			 determined to be individuals with most significant disabilities, or
(b) Priority Category II if they have been
			 determined to be individuals with significant disabilities; or
(c) Priority Category III if they have been
			 determined to be individual with disabilities.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107 CMR 5.00 establishes the
				requirements for the Individualized Plan for Employment (IPE). The purpose of
				the IPE, formerly known as the Individualized Written Rehabilitation Program
				(IWRP), is to achieve the specific employment objective of an eligible
				individual who can choose to develop all or part of the IPE independently or
				with the assistance of the Massachusetts Rehabilitation Commission (MRC) or
				other entity.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
The terms used in
				107 CMR 5.00 shall have the
				same meanings ascribed in
				107 CMR
				3.00 unless otherwise specified in 107 CMR
				5.02.
Assessment
refers to the determination
				of vocational rehabilitation needs that will be made on the existing data that
				was used to establish eligibility or priority category and only if necessary
				will include a more comprehensive process to determine the unique strengths,
				resources, priorities, concerns, abilities, capabilities and interests of the
				eligible individual.
Individualized Plan for Employment
				(IPE)
refers to an initial written plan for rehabilitation
				services and subsequent amendments developed either independently or jointly
				with technical assistance from a Commission qualified vocational rehabilitation
				counselor or other source. An IPE must be developed and implemented in a timely
				manner.
Informed Choice
means that an eligible
				individual will be given the necessary information to make meaningful choices
				in conjunction with his or her Qualified Vocational Rehabilitation Counselor
				(QVRC) in both the selection of an employment outcome and in the specific
				vocational rehabilitation services needed to reach that employment outcome.
				These choices would include who would provide the services, the setting where
				they would be provided and how those services would be procured. While the
				decision making process is a collaborative one, the final decision must reflect
				the QVRC's application of professional judgement, applicable laws, regulations
				and policies, as well as the unique strengths, resources, priorities, concerns,
				abilities, capabilities, and interests of the eligible individual.
Qualified Vocational Rehabilitation Counselor
				(QVRC)
means that the counselor possesses the highest entry-level
				academic degree needed to meet the licensure requirements of the
				Commonwealth.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.03 - Consumer Options

Current through Register 1525, July 5, 2024
(1) Options will be
			 provided to the eligible individual in the development of his or her IPE. These
			 options may include the individual or his or her representative developing all
			 or part of the IPE independently, with the assistance of a QVRC from the
			 Commission or with technical assistance from another source. The other source
			 may be an independent living center, community rehabilitation program, school
			 guidance counselor, family member or friend.
The Commission will provide the individual and others if
				appropriate:
(a) Information about
			 developing an IPE;
(b) A copy of
			 the written assessment of vocational rehabilitation needs;
(c) Assistance of a QVRC in developing all or
			 part of the IPE including any assistance needed to complete Commission
			 forms;
(d) Information about using
			 technical assistance from other sources in developing the IPE;
(e) Necessary Commission forms that he or she
			 needs to develop and finalize the IPE;
(f) Financial costs for the services on the
			 IPE; as well as;
(g) Commission
			 policies on financial participation, comparable benefits and purchase of
			 service requirements.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.04 - Assessment for Determining Vocational Rehabilitation Needs

Current through Register 1525, July 5, 2024
(1) The QVRC will complete the assessment for
			 determining vocational rehabilitation needs. The assessment identifies the
			 vocational rehabilitation needs of the individual and evaluates factors that
			 are essential to the development of the IPE. If existing information is
			 insufficient for a QVRC to identify an eligible individual's rehabilitation
			 needs then a comprehensive assessment should be done. A comprehensive
			 assessment:
(a) Is limited to information
			 necessary to identify the rehabilitation needs of the individual and to develop
			 the individual's IPE;
(b) Uses
			 existing information as a primary source to the maximum extent possible as
			 appropriate and in accordance with confidentiality requirements. Existing
			 information may include: information obtained under the assessment for
			 determining the individual's eligibility and vocational rehabilitation needs
			 and information available from other programs and providers, particularly that
			 used by education officials and the Social Security Administration;
(c) Relies on information provided by the
			 individual as much as possible;
(d)
			 May include, as needed, an assessment of the personality, interests,
			 interpersonal skills, intelligence and related functional capacities,
			 educational, cultural, social, recreational, and environmental factors that
			 affect the employment and rehabilitation needs of the individual, including the
			 need for supported employment services;
(e) May include an appraisal of the patterns
			 of work behavior of the individual and services needed for the individual to
			 acquire occupational skills, and to develop work attitudes, work habits, work
			 tolerance and social and behavior patterns necessary for successful job
			 performance, including the utilization of work in real job situations, with the
			 informed choice of the individual, to assess and develop the capacities of the
			 individual to perform adequately in a work environment;
(f) Includes referral, where appropriate, for
			 an assessment of the need for rehabilitation technology services to assess and
			 develop the capacities of the individual to perform in a work
			 environment.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.05 - IPE Development

Current through Register 1525, July 5, 2024
(1) An IPE will be
			 developed, agreed to and signed by the eligible individual, or if appropriate
			 the individual's representative. All IPE's must be reviewed, approved and
			 signed by the MRC QVRC prior to implementation.
(2) The QVRC, the individual and if
			 appropriate, the individual's representative will review the IPE at least once
			 annually. Amendments to the IPE are required when there is a substantial change
			 to the individual's employment goal, service(s) to be provided or in the
			 provider(s) of those services. All amendments must be agreed to and signed by
			 the individual or his or her representative and reviewed, approved and signed
			 by the QVRC before they are implemented.
(3) For those students in special education
			 programs who are eligible for vocational rehabilitation services, an IPE may be
			 developed, approved and implemented prior to exiting high school. The IPE
			 should reflect the transition services of the student's Individualized
			 Education Program (IEP).
(4) A
			 written copy of the IPE, including any amendments, must be given to the
			 individual or the individual's representative in the native language or mode of
			 communication of the individual whenever possible.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.06 - Mandatory Components of the IPE

Current through Register 1525, July 5, 2024
The IPE must contain the following elements:
(1) The employment goal of the eligible
			 individual that is the profession or occupation the individual is expected to
			 achieve as a result of the services that were provided under the IPE. The
			 employment goal and the time line for achieving it should be as specific and
			 realistic as possible. It should be based on the assessment of vocational
			 rehabilitation needs, reflect the individual's strengths, resources,
			 priorities, concerns, abilities, capacities, interests and informed choice. The
			 IPE must, to the maximum extent possible, provide training and employment in an
			 integrated setting.
(2) The
			 specific vocational rehabilitation services that are needed by the individual
			 to attain the goals and objectives on the IPE including starting and ending
			 dates for each service. All services are to be provided in the most integrated
			 setting appropriate and consistent with the informed choice of the individual.
			 Rehabilitation technology and personal assistance services must be considered
			 if needed.
All services that are necessary to the achievement of an
				employment goal whether paid for or of no cost to the Commission must be listed
				on the IPE. These services may include those provided by the QVRC such as
				counseling and guidance, referral and placement as well as those provided by
				other agencies or providers such as training and support.
(3) The criteria to evaluate progress toward
			 achievement of an employment goal including timelines.
(4) The service provider(s).
(5) The financial expectations including if
			 and how much an individual will be expected to participate in the cost of his
			 or her vocational rehabilitation services and/or explore comparable benefits
			 and services, wherever appropriate.
(6) The responsibilities of the individual
			 and the QVRC to implement the IPE. Such responsibilities may include the
			 individual's attendance at training or maintaining a certain grade average or
			 meeting with the counselor on an agreed upon schedule.
(7) Information about the Commission's
			 dispute resolution process both informal, such as through the QVRC's supervisor
			 or the agency Ombudsperson, and formal, through an administrative review,
			 mediation or fair hearing.
(8) Any
			 post-employment service(s) the individual is anticipated to need, once
			 employed, including terms and conditions for provision by the Commission or
			 other entities.
(9) Information
			 about the Client Assistance Program, including how the individual can contact
			 them.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 5.00 - Individualized Plan For Employment › Section 5.07 - Informed Choice

Current through Register 1525, July 5, 2024
(1) The QVRC must
			 inform the individual of the opportunity to exercise informed choice throughout
			 the rehabilitation process and assist the individual in acquiring information
			 that will enable them to exercise informed choice in the development of his or
			 her IPE with respect to the selection of:
(a)
			 Employment goal;
(b) The specific
			 vocational rehabilitation services needed to achieve the employment
			 goal;
(c) The provider(s) who will
			 deliver those services; including cost, accessibility, duration,
			 qualifications, consumer satisfaction, and outcomes achieved by individuals, if
			 available
;
(d) The
			 employment setting and the setting in which the vocational rehabilitation
			 services will be provided; and
(e)
			 The methods which are available to procure those services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.02 - Meaning of Terms in 107 CMR 6.00

Current through Register 1525, July 5, 2024
Social Security Disability Insurance
				(SSDI)
is financed with Social Security taxes paid by workers,
				employers and self employed persons. To be eligible for SSDI benefits, the
				individual must earn sufficient credits based on taxable work. Disability
				benefits are payable to blind or disabled workers, widowed spouses or adults
				disabled since childhood, who are otherwise eligible. The amount of the monthly
				disability benefit is based on the Social Security earnings record of the
				insured worker.
Supplemental Security Income (SSI)
is
				a program financed through general revenues. SSI benefits are payable to adults
				or children who are disabled or blind, have limited income and resources, meet
				the living arrangement requirements, and are otherwise eligible. The monthly
				payment varies up to the maximum federal benefit rate, which may be
				supplemented by the State or decreased by countable income and
				resources.
The other terms used in
				107 CMR 6.00 are defined in
				107 CMR
				3.00, unless otherwise noted.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.04 - Comparable Benefits and Services

Current through Register 1525, July 5, 2024
(1)
			 Comparable benefits and services are those appropriate services or financial
			 assistance from a source other than the Commission that will meet, in whole or
			 in part, the cost of vocational rehabilitation services to be provided under an
			 Individualized Plan for Employment (IPE).
(2) Individuals are required to apply for any
			 comparable benefits or services for which it appears they may be eligible. When
			 and to the extent that, comparable benefits are available to the individual the
			 Commission shall require such services to be used before the Commission
			 provides funds to meet, in whole or in part, the cost of vocational
			 rehabilitation services except when:
(a) it
			 will result in an interruption or delay in achieving the employment outcome
			 identified in the IPE; or
(b) an
			 immediate job placement would be lost; or
(c) in the provision of services to an
			 individual who is at extreme medical risk. Extreme medical risk means a risk of
			 death or substantially increasing functional impairments if immediate medical
			 services are not provided. A determination of extreme medical risk must be
			 based on medical evidence provided by an appropriate licensed medical
			 professional.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.05 - Counseling and Guidance

Current through Register 1525, July 5, 2024
(1) Counseling and
			 guidance means the provision of professional advice and guidance to an
			 individual that includes the collection and assessment of medical, personal,
			 social, and vocational information, aptitude and interest testing, personal
			 interviews and referral to other agencies or resources, as necessary.
(2) Counseling and guidance services shall be
			 provided by a Commission counselor to each individual throughout the vocational
			 rehabilitation process for the purpose of:
(a)
			 assisting the individual in developing an IPE towards a suitable vocational
			 goal;
(b) reviewing progress
			 towards the vocational goal, amending the IPE if necessary; and
(c) developing the individual ability to seek
			 and maintain employment.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.06 - Physical and Mental Restoration

Current through Register 1525, July 5, 2024
(1)
			 Physical and mental restoration services means:
(a) corrective surgery or therapeutic
			 treatment likely to correct or substantially modify a physical or mental
			 impairment which is stable or slowly progressive within a reasonable length of
			 time
(b) necessary in or outpatient
			 hospitalization, clinic services and/or drugs and supplies; in connection with
			 surgery or treatment;
(c)
			 prosthetic and orthotic devices;
(d) eyeglasses, contact lenses, microscopic
			 lenses, telescopic lenses, and other visual aids
(e) special services (including
			 transplantation and dialysis), artificial kidneys, and supplies necessary for
			 the treatment of individuals with end stage renal disease;
(f) diagnosis and treatment for mental or
			 emotional disorders and mental health services;
(g) dentistry;
(h) nursing services;
(i) podiatry;
(j) physical or occupational
			 therapy;
(k) speech or hearing
			 therapy;
(l) treatment of acute or
			 chronic medical complications and emergencies; and
(m) other medical or medically related
			 rehabilitation services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.07 - Vocational Training

Current through Register 1525, July 5, 2024
(1) Vocational and
			 other training services include, but are not limited to personal and work
			 adjustment, books or other vocational training materials, vocational training
			 services in institutions of higher education, and on-the-job
			 training.
(2) Vocational training
			 services shall be provided at facilities and institutions within the
			 Commonwealth unless:
(a) medical conditions
			 or functional limitations related to the disability make it necessary for an
			 individual to attend a facility or institution outside the
			 Commonwealth;
(b) necessary
			 vocational training services are not available to the individual within the
			 Commonwealth; or
(c) comparable
			 vocational training outside of the Commonwealth is equal to or less than the
			 cost of vocational training within the Commonwealth.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.08 - Maintenance

Current through Register 1525, July 5, 2024
(1) Maintenance means payments provided to an
			 individual for expenses such as food, shelter, and clothing in excess of normal
			 living expenses. Maintenance shall not exceed the amount of the increased cost
			 of subsistence incurred by the individual's participation in a rehabilitation
			 program and can be provided only after all available comparable benefits and
			 the individual's financial resources have been considered.
(2) Maintenance during employment may be
			 provided only when necessary to job placement and only until the individual
			 actually receives wages or for a maximum period of 30 calendar days, whichever
			 is less.
The maintenance provided shall not exceed the amount of
				increased costs of the individual's subsistence incurred by the individual's
				participation in his/her rehabilitation program. Commission expenditure for
				maintenance shall not exceed the maximum amount allowed unless personnel
				designated by the Commission have approved expenditure for longer than 30 days
				or for more than maximum dollar limits when exceptional circumstances warrant a
				waiver.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.09 - Transportation

Current through Register 1525, July 5, 2024
(1) When transportation is provided to enable
			 an individual to participate in a vocational rehabilitation service under an
			 IPE, the IPE must describe the required transportation, including the purpose,
			 costs, duration and how transportation service supports one or more vocational
			 rehabilitation services.
(2) Unless
			 approved by designated Commission personnel, when exceptional circumstances
			 warrant a waiver, transportation to employment may be provided only when
			 necessary to enable the individual to commute from home to employment for the
			 first 30 calendar days of employment;
(3) Maximum payment provided by the
			 Commission shall be the cost of public transportation. If there is no public
			 transportation available or the functional limitations imposed by the
			 individual's impairment prevent the use of public transportation,
			 transportation services may be provided by an appropriate carrier at the least
			 cost available.
(4) Transportation
			 services are subject to a determination of financial participation, comparable
			 benefits and Commonwealth of Massachusetts statutory, regulatory, and related
			 requirements governing purchases of services and goods.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.10 - Placement Services

Current through Register 1525, July 5, 2024
(1) Placement
			 services include: employment information; work-seeking skills instruction;
			 employment opportunities information; referral to and collaboration with public
			 placement agencies and specialists; development of employment opportunities for
			 the individual; referral to employers and follow-up with the individual and the
			 employer. Placement services will be provided without consideration of
			 comparable benefits and services or an individual's financial
			 resources.
(2) Placement services
			 will be provided when the individual has been determined to be eligible for
			 vocational rehabilitation services, an IPE has been developed which specifies
			 the nature of the placement services to be provided and it has been determined
			 that the individual is ready for employment. An individual shall be considered
			 ready for employment when the individual has skills, knowledge, functional
			 capacities and work tolerance to perform the work duties of the vocational
			 objective specified in the IPE.
(3)
			 Factors that indicate successful placement consistent with the vocational goal
			 on the IPE as amended are: placement services that result in gainful work for
			 period of 90 days or more; the individual and employer are satisfied; the work
			 is consistent with the individual's capacities, abilities, and skills; the
			 individual has adjusted satisfactorily to the work environment and to other
			 employees; the employment is stable; the individual receives a wage or
			 remuneration commensurate with that paid others for similar work consistent
			 with legal requirements; and the duties and conditions of employment are not
			 expected to aggravate the individual's impairment or to jeopardize the health
			 or safety of the individual or others.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.11 - Vocational Rehabilitation Services to Family Members

Current through Register 1525, July 5, 2024
Vocational rehabilitation services to family members may only
				be provided when such services are necessary and will make a substantial
				contribution to the achievement of an employment outcome by the individual. The
				IPE must describe the family services and how those services are necessary to
				support the other vocational rehabilitation services on the IPE. The family
				services will be terminated when such services are no longer necessary to
				achieve an employment outcome. Vocational rehabilitation services to family
				members are subject to the determination of financial participation and any
				available comparable benefit.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.12 - Adaptive Housing

Current through Register 1525, July 5, 2024
(1) Adaptive
			 housing services are architectural alterations to the private residences of
			 individuals with disabilities to remove impairment related barriers to
			 occupancy by the individual. Such services include, but are not limited to;
			 installation of lifts, construction of ramps and railings, reconstruction of
			 doorways, lowering of kitchen counters, and installation of grab bars and
			 replacement of bathroom fixtures.
(2) Adaptive housing is limited to
			 construction and equipment for functional access, personal hygiene and simple
			 meal preparation needs of the individual. Adaptive housing services do not
			 include and the Commission shall not provide architectural modifications:
(a) that are not necessitated by disability
			 related limitations of the eligible individual;
(b) that would significantly add to the
			 resale or assessed value of the home;
(c) to a new home or a home under
			 construction
(d) that add a room or
			 living space to a home currently being renovated or to a recently renovated
			 home unless the renovation was completed before the onset of the
			 impairment;
(e) for items
			 considered portable in nature that do not permanently modify the
			 home;
(f) when property owner is a
			 public entity such as a housing authority or otherwise has a legal obligation
			 to provide accessible housing under provisions of the Fair Housing
			 Act.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.14 - Personal Assistance, Auxiliary Aids and Services

Current through Register 1525, July 5, 2024
(1) Personal assistance services are a range
			 of services to assist an individual with a disability to perform daily living
			 activities on or off the job which the individual would typically perform if he
			 or she did not have a disability. These services increase the individual's
			 control in life and ability to perform everyday activities leading to greater
			 independence and achievement of the individual's vocational goal.
(2) The Commission will provide personal
			 assistance services for a maximum of 40 hours per week. However, additional
			 hours may be approved by personnel designated by the Commission when necessary
			 for the individual to participate in the vocational rehabilitation services
			 described in the IPE.
(3) Personal
			 assistance services may only be provided to enable an individual to participate
			 in an eligibility determination or in a vocational rehabilitation service in
			 accordance with requirements for Order of Selection and an IPE. The IPE must
			 describe all needed vocational rehabilitation services including the required
			 personal assistance services and describe how the services support the
			 achievement of an employment outcome.
(4) Auxiliary aids and services include
			 interpreter services for individuals who are deaf or hard of hearing such as
			 sign language, oral interpreter services, reader services and rehabilitation
			 services.
(5) Auxiliary aids and
			 services do not include personal devices such as wheelchairs, individually
			 prescribed devices such as prescription eyeglasses or hearing aids, readers for
			 personal use or study, personal attendants, or other devices or services of a
			 personal nature.
(6) These aids and
			 services may only be provided when necessary to enable an individual to
			 participate in a vocational rehabilitation service. The case record must
			 describe the purpose, costs, duration and how the aids and services support the
			 vocational rehabilitation service(s).
(7) Auxiliary aids and services are not
			 subject to the determination of financial participation when they are necessary
			 to enable an individual to access the VR program as required under § 504
			 of the Rehabilitation Act and/or the Americans with Disabilities Act.
Rates, fees, and expenditures for personal assistance,
				auxiliary aids and services are subject to all applicable Commonwealth of
				Massachusetts statutory, regulatory, and related requirements governing
				purchases of services and goods.
Comparable benefits that are available to meet, in whole or in
				part, the cost of personal assistance, auxiliary aids and services must be used
				prior to Commission funding.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.16 - Occupational Licenses, Tools, Equipment, and Initial Stocks and Supplies

Current through Register 1525, July 5, 2024
(1) Occupational licenses, tools, equipment,
			 and initial stocks and supplies may be provided only to the extent necessary to
			 enable an eligible individual to attain a suitable employment outcome and in
			 accordance with requirements for Order of Selection and the IPE. Occupational
			 licenses, tools, equipment, and initial stocks and supplies are subject to the
			 determination of financial participation and to consideration of any comparable
			 benefit available to an individual to meet, in whole or in part, the cost of
			 occupational licenses, tools, equipment and initial stocks and
			 supplies.
(2) Occupational licenses
			 and tools may be provided only to enable an eligible individual to derive the
			 full benefit of other vocational rehabilitation services to enter or maintain
			 employment.
(3) Equipment may be
			 purchased, leased or rented when necessary to enable an eligible individual to
			 carry out the requirements and efficient operation of a business, trade, or
			 profession.
(4) Initial stocks and
			 supplies may be provided only when necessary to establish an individual in self
			 employment. The Commission may provide up to six months of stocks and supplies
			 that are necessary to establish an eligible individual in self-employment but
			 will not provide initial stocks and supplies as post employment
			 services.
(5) The Commission shall
			 retain legal title and control of any tools, equipment, and initial stocks and
			 supplies purchased for an individual by the Commission. Such legal title and
			 control shall be in accordance with all applicable Massachusetts laws,
			 regulations and related requirements governing title, use, replacement,
			 disposition, and transfer and shall not be attached, confiscated, or otherwise
			 encumbered by creditors or other sources.
(a)
			 The Commission may require the return of tools, equipment, and initial stocks
			 and supplies if it is determined that equipment is not being utilized for the
			 purposes for which it was provided. All equipment shall be returned to the
			 Commission in good condition on request.
(b) At such time as an individual is
			 performing successfully in employment and considered to have attained his/her
			 vocational rehabilitation goals, title to and control of the equipment may be
			 transferred to the individual.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.17 - Rehabilitation Technology Services

Current through Register 1525, July 5, 2024
(1)
			 Rehabilitation technology services assist individuals with disabilities to
			 overcome barriers to full participation in rehabilitation, employment,
			 transportation, independent living and recreation. The Commission will only
			 support rehabilitation technology that is necessary to achieve an individual's
			 vocational objectives and goals. An individual's need for rehabilitation
			 technology should be considered at any stage of the vocational rehabilitation
			 process.
(2) Rehabilitation
			 technology refers to the systematic application of technologies, engineering
			 methodologies, or scientific principles to address the barriers confronted by
			 individuals with disabilities. The term includes rehabilitation engineering,
			 assistive technology devices, and assistive technology services.
(a) Assistive technology device is any item,
			 piece of equipment, or product system, whether acquired commercially
			 off-the-shelf, modified, or customized, that is used to increase, maintain, or
			 improve functional capabilities of individuals with disabilities.
(b) Assistive technology service is any
			 service that directly assists an individual in the selection, acquisition, or
			 use of an assistive device and includes:
1.
			 the evaluation of the needs of an individual, including functional evaluation
			 of the individual in the environment where the device will be used, such as the
			 home or worksite;
2. purchasing,
			 leasing, or otherwise providing for the acquisition of assistive technology
			 devices;
3. selecting, designing,
			 fitting, customizing, adapting, applying, maintaining, repairing, or replacing
			 of assistive technology devices;
4.
			 coordinating and using other therapies, interventions, or services with
			 assistive technology devices, such as those associated with existing education
			 and rehabilitation plans and programs;
5. training or technical assistance for an
			 individual or, where appropriate, the family of an individual; and
6. training or technical assistance for
			 professionals (including individuals providing education and rehabilitation
			 services), employers, or other individuals who provide services to, employ, or
			 are otherwise substantially involved in the major life functions of individuals
			 with disabilities.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.18 - Post Employment Services

Current through Register 1525, July 5, 2024
(1)
			 Post employment services (PES) are provided when necessary for an individual to
			 maintain, regain or advance in employment consistent with the individual's
			 strengths, resources, priorities, concerns, abilities, capabilities and
			 interests.
(2) PES may only be
			 provided when the provision of services under an IPE contributed to achievement
			 of an employment outcome and the case record of the individual has not been
			 destroyed. PES are subject to determination of an individual's financial
			 resources except for counseling, follow up and other such services that are
			 provided by a qualified vocational rehabilitation counselor. Counseling and
			 guidance should constitute the core service around which all other post
			 employment services are provided. In addition, post employment services may
			 include any vocational rehabilitation services which are not complex or
			 comprehensive, but which are necessary to assist the individual in maintaining,
			 regaining or advancing in employment.
(3) In order to provide post employment
			 services all of the following conditions must exist:
(a) the individual must have achieved an
			 employment outcome after Commission services; and
(b) additional Commission services are
			 required as a result of the individual's disability limiting his/her ability to
			 maintain, regain or advance in employment; and
(c) services must be limited in scope and
			 duration. The provision of PES can not entail a complex or comprehensive
			 rehabilitation effort. Long term, extensive, multiple services require a new
			 eligibility determination; and
(d)
			 the individual's case record has not been destroyed.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.19 - Information and Referral Services

Current through Register 1525, July 5, 2024
(1)
			 Information and referral services assist applicants and eligible individuals to
			 secure needed services from other agencies including components of the
			 statewide workforce investment system and ensure that eligible individuals who
			 do not meet order of selection criteria for receiving vocational rehabilitation
			 services from the Commission or who choose extended employment as an employment
			 outcome, are provided accurate vocational rehabilitation information and
			 guidance to assist them in preparing for, securing, retaining or regaining
			 employment.
(2) The Commission will
			 refer individuals with disabilities to other appropriate Federal and State
			 programs, including other components of the statewide workforce investment
			 system. In making such referrals the Commission will:
(a) refer the individual to programs best
			 suited to address the specific employment needs of the individual;
			 and
(b) provide the individual with
			 a notice of the referral by the Commission to the agency carrying out the
			 program, with a specific point of contact regarding the most suitable services
			 to assist, prepare for, secure, retain, or regain employment.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.20 - Supported Employment Services

Current through Register 1525, July 5, 2024
(1)
			 Supported employment is competitive work that offers ongoing support services
			 in integrated settings for individuals with the most significant disabilities.
			 The work can be either full time or part time based on the unique strengths,
			 resources, interests, concerns, abilities and capabilities of the individual.
			 Supportive employment is intended for those individuals who have not
			 traditionally been in competitive employment or for individuals whose
			 employment has been interrupted or intermittent as a result of a most
			 significant disability. Supported employment must be considered for an
			 individual who can not work independently in a competitive setting before an
			 extended or sheltered employment.
(2) Ongoing support services are those
			 specific services needed to support and maintain an individual in supported
			 employment based on the Commission's and the individual's determination of his
			 or her need as specified in the IPE. Ongoing support services are provided by
			 the Commission from job placement until stabilization and transition to
			 extended services, unless post-employment services are provided instead.
			 Thereafter ongoing support services are provided by one or more extended
			 services providers throughout the individual's term of employment in a
			 particular job placement or multiple placements if those placements are being
			 provided under a program of transitional employment.
On going support services must include an assessment of
				employment stability and provision of specific services or the coordination of
				services at or away from the worksite that are needed to maintain stability.
				Ongoing support services need to be based on, at a minimum, twice-monthly
				monitoring at the worksite of the individual or twice monthly meetings with the
				individual and one meeting with the employer. Off site meetings must be
				documented as such in the case record. Ongoing support services consist
				of:
(a) any assessment in addition to
			 the comprehensive assessment of rehabilitation needs;
(b) job coaches at the work site;
(c) job development and placement;
(d) social skills training;
(e) regular observation or supervision of the
			 individual;
(f) follow-up services
			 including regular contact with the employers, the individuals, the parents,
			 family members, guardians, advocates or authorized representatives of the
			 individuals, and other suitable professional and informed advisors, in order to
			 reinforce and stabilize the job placement;
(g) facilitation of natural supports at the
			 worksite; natural supports refer to community and/or workplace supports such as
			 family, neighbors, or co-workers to supplement job supports that are provided
			 by a job coach; and (h) other needed vocational rehabilitation
			 services.