Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.1 - Determination of Rehabilitation Potential and Eligibility › Rule 37.30.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Applicant" means a person who has made
				formal application to the department to receive vocational rehabilitation or
				other services administered by the Montana Vocational Rehabilitation program
				inclusive of the Blind and Low Vision Services program of the
				department.
(2) "Blindness" means a
				visual disability as defined at
				53-7-301,
				MCA.
(3) "Consumer" means a person
				who has been determined by the department in accordance with these rules and
				state and federal statutes and federal regulations pertaining to vocational
				rehabilitation services, and other applicable laws, to be eligible to receive
				vocational services administered by the Montana Vocational Rehabilitation
				program and who is receiving services in accordance with an individualized plan
				for employment (IPE).
(4)
				"Department" means the Department of Public Health and Human
				Services.
(5) "Dependent" means any
				relative to a person by blood or marriage or anyone living in the same
				household with whom a person has a close interpersonal relationship and for
				whom a person provides a majority of their financial support.
(6) "Disability" means an existing physical
				or mental impairment including blindness which significantly limits, or, if not
				corrected, may significantly limit a person's activities or ability to function
				in a normal manner.
(7) "Extended
				employment" means a supervised work program as defined at
				53-7-202,
				MCA.
(8) "Financial resource" means
				financial assets, inclusive of stocks, bonds, certificates of deposit, and
				similar type assets, that can be readily converted to cash, available to the
				person at the time of the eligibility determination and during the course of
				the person's receipt of services under an IPE. Financial assets do not include
				resources as provided for in ARM
				37.30.411.
(9) "Income" means income as defined in ARM
				37.2.702.
(10) "Independent living plan" means the
				written individualized independent living plan (IILP) prepared by the
				department for persons receiving independent living rehabilitation services.
				This plan specifies the independent living goals and needs of the person and
				the services the department may provide to the person in order to assist the
				person attaining an improved quality of life.
(11) "Individualized plan for employment
				(IPE)" means the plan signed by the person and the qualified Montana vocational
				rehabilitation counselor which specifies the vocational rehabilitation goals
				and needs of the consumer and the services the department may provide to the
				consumer in order to assist the vocational rehabilitation of the
				consumer.
(12) "Montana Vocational
				Rehabilitation program (MVR)" means the program of federal and state authorized
				vocational rehabilitation services for persons with disabilities provided
				through the department's Disability, Employment, and Transitions Division,
				inclusive of the Blind and Low Vision Services program and those federal
				programs authorized at
				29 USC
				701, et seq.
(13) "Occupational license" means a license
				as defined at
				53-7-101
				and
				53-7-301,
				MCA.
(14) "Orthotic device" means a
				device that activates or supplements a weakened limb or neuromuscular
				function.
(15) "Person with a most
				significant disability" means a person with a disability:
(a) who has a severe physical or mental
				impairment that seriously limits three or more functional capacities (such as
				mobility, communication, self-care, self-direction, interpersonal skills, work
				tolerance, or work skills) in terms of an employment outcome;
(b) whose vocational rehabilitation can be
				expected to require multiple vocational rehabilitation services over an
				extended period of time; and
(c)
				who has:
(i) one or more physical or mental
				disabilities resulting from amputation, arthritis, autism, blindness, burn
				injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart
				disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
				retardation, mental illness, multiple sclerosis, muscular dystrophy,
				musculo-skeletal disorders, neurological disorders (including stroke and
				epilepsy), spinal cord conditions (including paraplegia and quadriplegia),
				sickle cell anemia, specific learning disability, end-stage renal disease, or
				another disability; or
(ii) a
				combination of disabilities determined on the basis of an assessment for
				determining eligibility and vocational rehabilitation needs to cause comparable
				substantial functional limitation.