reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0100 - Agency Representation during Impartial Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OVRS may be represented by an Assistant
			 Attorney General.
(2) Subject to
			 the approval of the Attorney General, an employee of OVRS is authorized to
			 appear as the agency representative in hearings governed by OAR chapter 582,
			 division 020.
(3) An OVRS
			 representative may not make "legal argument."
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the agency to hear the contested
			 case;
(B) The constitutionality of
			 a statute or rule or the application of a constitutional requirement to the
			 agency; and
(C) The application of
			 court precedent to the facts of the particular contested case
			 proceeding.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0110 - Impartial Hearing Officer's Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Impartial Hearing Officer's decision
			 shall be based on the approved State Plan, the federal Rehabilitation Act,
			 federal vocational rehabilitation regulations, relevant state statutes, the
			 Oregon Administrative Rules, and/or OVRS policy.
(2) The Impartial Hearing Officer shall provide a full written
			 report of the findings and grounds for his or her decision to the client,
			 client's representative if applicable, OVRS counselor, OVRS Agency
			 Representative, and the OVRS Field Office within the time prescribed by OAR
			 582-020-0040(3).
(3) The decision
			 of the Impartial Hearing Officer shall be final upon the date of mailing to the
			 client and OVRS, except that either party may request a Formal Administrative
			 Review under OAR 582-020-0125.
(4)
			 An Impartial Hearing Officer may dismiss a client request for hearing if the
			 client has abandoned the request. A request may be considered abandoned if:
(a) The client, following sufficient notice
			 and attempts at contact, does not participate in a scheduled hearing; or the
			 Impartial Hearing Officer and OVRS are unable to contact the client to schedule
			 a pre-hearing conference or hearing; and
(b) The absence of the client prevents compliance with the hearing
			 timeline established under OAR 582-020-0040(2).
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0120 - Appeals by OVRS

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrator or the Administrator's designee shall approve
				any decision by OVRS to challenge a decision by an Impartial Hearing Officer, a
				Reviewing Official, or a court of law.
Statutory/Other Authority: 344.590, ORS
				  344.530(2)
Statutes/Other Implemented: ORS
				  183.310 -
				  183.550, 344.511 - 344.690, 344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0000 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
The purposes of this division are to:
(1) Implement policies and procedures for the
			 protection, use and release of personal information about individuals applying
			 for or receiving Vocational Rehabilitation (Program) services, consistent with
			 federal statutes and regulations for the Program.
(2) Implement the confidentiality statutes
			 for the Program in ORS
			 344.530(1)(b)
			 and
			 344.600.
(3) Clarify how these regulations incorporate
			 and supplement other applicable federal and state laws and
			 regulations.
Statutory/Other Authority: ORS
				  344.530  & 344.570
Statutes/Other Implemented: ORS
				  344.511  - 344.690 & 344.710 - 344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0008 - Billing Policy and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual or an individual's
			 representative, including Disability Rights Oregon's Client Assistance Program
			 (CAP) representing that individual, may request a copy of information from the
			 individual's files at no cost once every 12 months. If the individual requests
			 another copy of the same information, more frequently than once every 12
			 months, then the Program may impose a reasonable, cost-based fee.
(2) The Program shall charge for the cost of
			 making the record available to the extent permitted by OAR
			 407-003-0010.
(3) All moneys
			 received shall be handled and recorded under approved state accounting
			 procedures.
(4) If the Program
			 denies an initial verbal request for waiver or reduction of fees, the requestor
			 shall submit a written request. If the Program subsequently denies the written
			 request for a waiver or reduction of fees, the requestor may petition the
			 Attorney General for a review of the denial pursuant to the provisions of ORS
			 192.440(5)
			 and
			 192.450.
(5) At the option of the Branch office that
			 processes the requested material, the Branch manager as the Director designee
			 may waive assessment of a fee.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  344.530  & 344.570
Statutes/Other Implemented: ORS
				  344.511  - 344.690 & 344.710 - 344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0010 - Program Uses and Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All personally identifiable information about an individual that is obtained,
			 generated by, or made available to the Program, its representative or
			 employees, shall be protected, and held confidential. The information is the
			 property of the Program and may only be used and disclosed as permitted by
			 these rules. In addition, the information may not be used or disclosed in
			 violation of any of the following laws where those laws are applicable:
(a) Federal laws concerning substance abuse
			 information as set out in 42 CFR part 2;
(b) State laws concerning HIV information as
			 set out in ORS
			 433.045;
(c) State laws concerning DNA and
			 genetic information as set out in ORS
			 192.537 and
			 192.539.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0020 - Release of Information to Other Agencies, Organizations, or Authorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Form 2099
			 (Authorization for Use and Disclosure of Health Information), or other
			 sufficient written authorization, shall be used to obtain client permission to
			 release or obtain client information. Before the client or client's
			 representative signs this form it must be completed to indicate informed
			 consent, involved parties and timelines for obtaining or releasing specified
			 information. For a client who has been adjudicated legally incapacitated, the
			 parent or legal guardian must also sign the form.
(2) The cover page of any document, record,
			 or report containing the Program's client information released to any other
			 agency, organization or person shall be imprinted with a statement that reads:
CONFIDENTIAL
This information cannot be released to any other person,
				agency, or organization without the prior written approval of the Oregon
				Vocational Rehabilitation Program.
(3) Release to other agencies or programs.
			 Upon receiving the informed written consent of the individual, the Program may
			 release individual information to another agency or organization to assist with
			 vocational rehabilitation services. The Program may restrict disclosure of
			 individual information believed to be harmful if released directly to an
			 individual until the Program secures written agreement from the requester that
			 the information shall be used only for the purposes authorized and may not be
			 further released to the individual.
(4) Release for audit, evaluation, or
			 research. The Program may release confidential information to an organization,
			 agency, or authority engaged in audit, evaluation, or research only for
			 purposes directly connected with the administration of the vocational
			 rehabilitation program, or for purposes which would significantly improve the
			 quality of life for individuals with disabilities and only when the Program is
			 assured that:
(a) The information shall be
			 used only for the purposes authorized;
(b) The information shall be released only to
			 authorities officially connected with the authorized activity;
(c) The information shall not be released to
			 the involved individual;
(d) The
			 information shall be managed in a manner to safeguard confidentiality; and
(e) The final product shall not
			 reveal the identity of any involved individual without the individual or
			 representative's written consent.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0025 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director is
			 the official custodian of all records for the Program. Any subpoena for release
			 of an Program records shall be directed to the Director at the Program's
			 central administration.
(2) A
			 subpoena generated or authorized by an individual participating in the Program
			 or the individual's attorney to testify or release individual information is
			 deemed to be an informed written consent from the individual, except as
			 prohibited by law.
(3) Upon
			 verification that an individual's attorney is authorized to issue the subpoena
			 on the individual's behalf, Program employees may communicate with the
			 individual's attorney within the scope of the request to the extent provided
			 under OAR 582-030-0030.
(4) Without
			 a valid written authorization from the individual or an order issued by a
			 judge, magistrate or other authorized judicial officer, Program employees may
			 not provide the individual information in response to a subpoena not generated
			 by or authorized by an individual or the individual's attorney.
(5) Any Program employee who appears in
			 response to a subpoena not generated by or authorized by the individual or the
			 individual's attorney and without a valid written authorization shall read a
			 statement at the start of the appearance instead of providing documents or
			 testifying about an individual. The statement shall explain that the documents
			 and testimony are confidential and privileged under federal and state law. If
			 after making this statement to a judge, magistrate or other authorized judicial
			 officer, the judge, magistrate or other judicial officer issues an order, the
			 Program employee shall comply with the order, including providing any documents
			 or testimony within the scope of the order.
Statutory/Other Authority: ORS
				  344.530
Statutes/Other Implemented: ORS
				  344.530,
				  344.540(1)
				  & 344.600
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0040 - Exceptions to Written Consent Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following reporting and response to
			 investigations are required:
(a) The Program
			 employees shall report to the appropriate authorities abuse of individuals age
			 65 and over, (see ORS
			 124.060),
			 under the age of 18, (see ORS
			 419B.010),
			 individuals 18 age or over with developmental disabilities or mental illness,
			 (see ORS
			 430.765),
			 and residents of long-term care facilities, (see ORS
			 441.640);
(b) The Program shall release the
			 individual's information if required by federal law or in response to
			 investigations in connection with law enforcement, fraud or abuse (unless
			 expressly prohibited by federal or state laws or regulations) or in response to
			 an order issued by a judge, magistrate or other authorized judicial officer.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 30 - CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION › Section 582-030-0050 - The Individual's Right to Amend Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual who believes that
			 information in the record of services is inaccurate or misleading may request
			 the Program to amend the information. The Program is not required to amend the
			 record of services. If the Program does not amend the information, the
			 individual may prepare an amending statement and request that the Program
			 insert the statement into the record of services.
(2) The Program may not amend or remove a
			 record created and received from another agency, program, or independent
			 contractor, but may accept amended records from another agency, program, or
			 independent contractor to supplement the record of service.
Statutory/Other Authority: ORS
				  344.530  & 344.570
Statutes/Other Implemented: ORS
				  344.511  - 344.690 & 344.710 - 344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0000 - Referrals and Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Referrals to and applications for vocational rehabilitation services provided
			 by the Program shall be handled promptly and equitably.
(2) The Program shall establish timelines for
			 making a good faith effort to inform individuals referred to or seeking
			 services from the Program of application requirements and to gather information
			 necessary to initiate an assessment for determining eligibility and priority
			 for services.
(3) Assessment to
			 determine eligibility and priority for services shall commence as soon as an
			 application for services is received and to the maximum extent possible shall
			 be expedited through use of existing information, including school, Social
			 Security, medical and family member records.
(4) An individual is considered to have
			 submitted an application only when all the following conditions have been
			 satisfied:
(a) The individual or the
			 individual's representative, as appropriate, has completed and signed a Program
			 application form or has otherwise requested services;
(b) The individual or the individual's
			 representative, as appropriate, has provided the information necessary to
			 initiate an assessment for eligibility; and
(c) The individual is available to complete
			 the assessment process.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0005 - Trial Work Experiences and Extended Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Trial work experiences for individuals
			 with significant disabilities.
(a) Prior to
			 any determination that an individual with a disability is incapable of
			 benefiting from vocational rehabilitation services in terms of an employment
			 outcome because of the severity of that individual's disability, OVRS shall
			 conduct an exploration of the individual's abilities, capabilities, and
			 capacity to perform in realistic work situations to determine whether or not
			 there is clear and convincing evidence to support such a
			 determination.
(b) OVRS shall
			 develop a written plan to assess periodically the individual's abilities,
			 capabilities, and capacity to perform in work situations through the use of
			 trial work experiences, which must be provided in the most integrated setting
			 possible, consistent with the informed choice and rehabilitation needs of the
			 individual.
(c) Trial work
			 experiences include supported employment, on-the-job training, and other
			 experiences using realistic work settings.
(d) Trial work experiences must be of
			 sufficient variety and over a sufficient period of time for OVRS to determine
			 that:
(A) There is sufficient evidence to
			 conclude that the individual can benefit from the provision of vocational
			 rehabilitation services in terms of an employment outcome; or
(B) There is clear and convincing evidence
			 that the individual is incapable of benefiting from vocational rehabilitation
			 services in terms of an employment outcome due to the severity of the
			 individual's disability.
(e) OVRS shall provide appropriate supports,
			 including assistive technology devices and services and personal assistance
			 services, to accommodate the rehabilitation needs of the individual during the
			 trial work experiences.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0010 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligibility requirements are applied without regard gender, race, creed, color,
			 religion, ethnicity or national origin, nature or severity of disability, age,
			 sexual orientation, residency or political ideation. Unless otherwise stated in
			 the context, the rules in OAR 582-050 pertain only to Vocational Rehabilitation
			 Services.
(2) Except for
			 individuals whose impairments fall within the definition of legal blindness, or
			 are of a rapidly progressive nature leading to legal blindness, OVRS shall not
			 exclude any group of individuals from eligibility for services solely on the
			 basis of type of disability or impairment.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0020 - Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants must meet the following conditions before they may
				be "eligible" for Vocational Rehabilitation Services:
(1) A determination by qualified personnel
			 that the applicant has a physical or mental impairment.
(2) A determination by qualified personnel
			 that the applicant's physical or mental impairment constitutes or results in a
			 substantial impediment to employment for the applicant.
(3) A determination by a qualified vocational
			 rehabilitation counselor employed by OVRS that the applicant requires
			 vocational rehabilitation services to prepare for, secure, retain, or regain
			 employment consistent with the applicant's unique strengths, resources,
			 priorities, concerns, abilities, capabilities, interests, and informed
			 choice.
(4) A presumption, in
			 accordance with OAR 582-050-0020(5), that the applicant can benefit in terms of
			 an employment outcome from the provision of vocational rehabilitation
			 services.
(5) Presumption of
			 benefit. OVRS presumes that an applicant who meets the eligibility requirements
			 OARS 582-050-0020(1) and (2)  can benefit in terms of an employment outcome
			 unless OVRS demonstrates, based on clear and convincing evidence, that the
			 applicant is incapable of benefiting in terms of an employment outcome from
			 vocational rehabilitation services due to the severity of the applicant's
			 disability.
(6) Presumption of
			 eligibility for Social Security recipients and beneficiaries. Any applicant who
			 has been determined eligible for Social Security benefits under Title II or
			 Title XVI of the Social Security Act is:
(a)
			 Presumed eligible for vocational rehabilitation services under OAR
			 582-050-0020(1) and (2); and
(b)
			 Considered an individual with a significant disability as defined in
			 34 CFR 361.5(b)
			 (31).
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0050 - Citizenship

Current through Register Vol. 63, No. 7, July 1, 2024
Citizenship is not a requirement for eligibility. A person may
				be eligible for Vocational Rehabilitation Services if he/she meets the basic
				criteria for eligibility in chapter 582, division 50 of the Oregon
				Administrative Rules and he/she is:
(1) In the United States for other than a
			 temporary purpose; and
(2) Legally
			 entitled to hold employment in this country.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511-344.690 &
				  344.710-344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 50 - REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES › Section 582-050-0060 - Residency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is no
			 requirement for duration of residence in Oregon as part of the determination of
			 eligibility.
(2) OVRS may provide
			 services to an otherwise eligible individual, available and able to participate
			 in services leading to an employment outcome, if the individual is:
(a) Currently living in the State of Oregon,
			 regardless of duration; or
(b)
			 Currently and legally employable in the State of Oregon and seeking services to
			 retain or advance in employment with the same employer; or
(c) All of the following apply:
(A) The individual is currently living in a
			 state not in an Order of Selection;
(B) The vocational rehabilitation office
			 closest to the individual's residence is an OVRS office; and
(C) The individual is not in the state for
			 the sole purpose of receiving vocational rehabilitation services.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 60 - TERMINATION OF VOCATIONAL REHABILITATION SERVICES › Section 582-060-0010 - Termination of Services Because of Ineligi?bility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Case closure shall occur when OVRS
			 determines that the individual does not meet one or more of the following
			 eligibility criteria:
(a) No disabling
			 condition;
(b) No impediment to
			 employment;
(c) Does not require
			 vocational rehabilitation services; or
(d) Disability too severe to benefit from
			 services.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 60 - TERMINATION OF VOCATIONAL REHABILITATION SERVICES › Section 582-060-0020 - Termination of Services After Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Termination of Services - 'Other Than
			 Rehabilitated'.
(a) The office may close an
			 individual's file when the individual fails to achieve an employment outcome
			 for the following reasons:
(A)
			 Death;
(B) Ineligibility;
(C) Extended services for Supported
			 Employment not available despite exploration of all types of extended
			 supports;
(D) Individual fails to
			 cooperate with or fails to make suitable progress toward developing or
			 completing necessary steps in the IPE within the agreed-upon
			 timeframes;
(E) Individual is
			 institutionalized or otherwise unavailable for services;
(F) Individual received VR services and was
			 placed in non-integrated, non-competitive work setting;
(G) The office is unable to locate or contact
			 the individual;
(H) Individual has
			 refused necessary services or chooses not to participate in necessary OVRS
			 programs;
(I) Individual is
			 receiving services from another agency and no longer requires the office's
			 services; or
(J) Other reason as
			 documented by the office.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0010 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
NOTE
: For community rehabilitation programs and
				medical or related services refer also to OAR 582-010, 582-075 and
				582-080.
It is the policy of the OVRS to reimburse vendors who provide
				previously-authorized services and/or supplies to persons who qualify for such
				services.
(1) Vendors shall be paid in
			 accordance with the lesser of:
(a) The
			 vendor's usual charge for such service, i.e., that fee for service which the
			 vendor under ordinary circumstances charges to the general public for such
			 services; or
(b) A pre-determined
			 charge that has been negotiated between the vendor and an agency person
			 authorized to consummate agreements between this agency and the
			 vendor.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0020 - Specific Policies

Current through Register Vol. 63, No. 7, July 1, 2024
Specific rules pertain to the provision of the following
				services:
(1) On-the-Job Training:
(a) Payment to on-the-job trainers/employers
			 for training services shall be negotiated at the lowest reasonable level and
			 shall always be considered as reimbursement for actual expenses and/or trainer
			 time; the trainer/employer cannot expect to make a profit from such
			 payments;
(b) Offset against an
			 individual's wages shall be negotiated with the trainer/employer on a mutual
			 sharing basis at the lowest reason able level to adequately pay the individual
			 for his/her productive work efforts with the trainer/employer ultimately paying
			 the entire wage. Total length of the training program and length of OVRS
			 involvement in payments shall be negotiated on the basis of the complexity of
			 the training and the amount of relevant skill and knowledge the individual
			 possesses prior to entering training.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0040 - Repossession/Disposition of Non-Expendable Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For tools, supplies, equipment, vehicles,
			 etc., funded by OVRS and needed by the individual for employment at time of
			 closure as employed (from Individualized Plan for Employment or post-employment
			 services), ownership or title is transferred to the individual.
(2) If an individual is closed as 'other than
			 rehabilitated', or if tools, supplies, equipment, vehicles, etc., are not
			 needed while the individual is receiving plan services or not needed by the
			 individual employed at the time of a successful closure, where practical and
			 appropriate, such property shall be repossessed and reassigned or otherwise
			 disposed of by OVRS if this property was funded by OVRS and has a current
			 aggregate value of $1000 or more:
(a) For
			 such property with a current aggregate value under $1000, the counselor may
			 agree to transfer the property to the ownership of the individual. Such
			 agreements are only valid if the agreement is written. If there is no such
			 agreement, the counselor shall make a reasonable effort to repossess the
			 property through voluntary cooperation by the involved individual, individual's
			 family or other individual who may be in current possession of said property,
			 including small claims court; and
(b) For property with current values
			 estimated to be $1000 or more in the aggregate, OVRS may pursue, if necessary,
			 other available legal means to regaining such property, or its equivalent
			 value, including obtaining advice or assistance from the office of the attorney
			 general.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0041 - Self Employment Including Micro-Enterprises

Current through Register Vol. 63, No. 7, July 1, 2024
Self-employment is an employment option that offers people with
				disabilities an opportunity to enter the labor market and contributes to
				self-sufficiency and independence. Self-employment, including
				micro-enterprises, should be consistent with the individual's strengths,
				resources, priorities, concerns, abilities, capabilities and interests,
				providing the individual full opportunity to exercise informed choice in the
				selection of their employment outcome.
Stat. Auth: ORS
				  344.530(2)
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0043 - Nature and Scope of OVRS Services/Role of the Vocational Rehabilitation Counselor and the Individualized Plan for Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The primary role of the Vocational
			 Rehabilitation Counselor when assisting the individual in obtaining
			 self-employment is to address the individual's disability-related barriers to
			 employment. The Vocational Rehabilitation Counselor shall ensure the
			 individual's business plan and the Individualized Plan for Employment (IPE)
			 incorporates the strengths, resources, priorities, concerns, abilities,
			 capabilities, and interests identified in a comprehensive assessment. In order
			 to ensure the individual is provided full opportunity to exercise informed
			 choice, OVRS may:
(a) Help the individual
			 evaluate his or her abilities, and interest in managing a business, including
			 both formal evaluation, as well as observation and assessment of the
			 individual's planning skills, ability to formulate a marketing and business
			 plan, aptitudes to perform skills intrinsic in the operation of the business,
			 initiative, commitment, and follow-through on tasks;
(b) Help the individual develop a viable
			 business plan;
(c) Help the
			 individual research and obtain the resources necessary for the business
			 plan;
(d) Identify, in full
			 consultation with the individual, the measurements that shall be used to
			 determine progress toward the planned outcome.
(e) Work with the individual to understand
			 the risks and responsibilities of owning and operating a business, especially
			 when funds are borrowed to capitalize and support ongoing business needs;
			 and
(f) Assist with reasonable and
			 necessary start-up costs of viable business plans when appropriate.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 70 - STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT › Section 582-070-0044 - Funding Requirements for a Viable Business Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under most circumstances, OVRS should not
			 be considered a primary resource for the capital required for a self-employment
			 venture. When no comparable benefits and services are available, OVRS may fund
			 reasonable and necessary start up costs for a business as part of a
			 individual's Individualized Plan for Employment. In order for a plan to be
			 viable, other funding sources may be necessary to cover costs identified in the
			 business plan that would not be covered by OVRS.
(2) Funding for the business plan may
			 include, but is not limited to, the individual's own resources; comparable
			 services and benefits; loans from banks, finance companies or venture
			 capitalists; grants; foundations; loans or loan guarantees from the Small
			 Business Administration; local and state economic development funds; help from
			 family or friends; a Social Security Plan for Achieving Self Support (PASS); or
			 other such resources.
(3) The
			 individual is not required to accept a loan or utilize a PASS plan to fund the
			 business plan. However, to be viable, a business plan may require additional
			 funding such as that in a subsection (2) to cover the cost of the business
			 venture.
(4) Except for reasonable
			 and necessary initial start-up costs, OVRS shall not pay for ongoing functions
			 intrinsic to the operations of the business. Any request for initial start-up
			 costs must include:
(a) The determination that
			 OVRS and the individual have explored all reasonable self-employment funding
			 options, as identified in subsection (2); and
(b) The determination that available
			 financial resources, as identified in subsection (2), will not meet the
			 reasonable and necessary start-up costs for the business.
(c) Verification from the qualified expert
			 approving the business plan that the requested start up costs are reasonable,
			 necessary, and representative of what would be required for a start up business
			 to begin operations.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 75 - RATES OF PAYMENT - MEDICAL › Section 582-075-0010 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office
			 of Vocational Rehabilitation Services (OVRS) does not have the authority to
			 reimburse vendors for the cost of goods and services if OVRS has not authorized
			 payment prior to the provision of goods and services. OVRS shall reject all
			 charges without such prior authorization.
(2) Except as provided in subsection (3) of
			 this rule and OAR 582-075-0030, the amount that OVRS shall pay vendors for
			 previously authorized medical or psychological services shall be the lesser of
			 the following:
(a) The lowest fee that the
			 vendor charges the general public or other state agencies for the service;
			 or
(b) One of the following
			 prescribed fees:
(A) The maximum fee
			 prescribed by the Workers' Compensation Schedule.
(B) For medical, psychological, laboratory,
			 and other services not governed by that schedule, OVRS shall pay the amount
			 derived by applying the cost ratio between that schedule and the Division of
			 Medical Assistance Program (DMAP) Schedule to the fee prescribed by the DMAP
			 schedule.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 75 - RATES OF PAYMENT - MEDICAL › Section 582-075-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Brief
			 narrative," as used in division 075, means a document from a treating vendor
			 that summarizes client treatment to date and current status; responds briefly
			 to 3-5 specific questions posed by OVRS, if any; and is usually one or two
			 pages.
(2) "Complete narrative," as
			 used in division 075, means a document from a treating vendor that describes an
			 extended client history, addresses six or more specific topics, and is usually
			 three or more pages.
(3) "Vendor, "
			 as used in division 075, means an entity that provides goods and/or services at
			 the request of OVRS.
Stat. Auth.: ORS
				  344.530(2)
Stats. Implemented: ORS
				  344.511 -
				  344.690
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 75 - RATES OF PAYMENT - MEDICAL › Section 582-075-0030 - Medical Evidence of Record (MER) and Narrative Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 582-075-0010(2) and (3)  do not govern
			 payment for Medical Evidence of Record and Narratives.
(2) OVRS payment for existing medical records
			 shall not exceed the lesser of the following:
(a) The lowest fee that the vendor charges
			 the general public or other state agencies for the service; or
(b) When the invoice itemizes the number of
			 pages copied and provided:
(A) $18.00 for ten
			 or fewer pages;
(B) $0.25 per page
			 for pages 11 to 20;
(C) $0.10 per
			 page for pages greater than 21; and
(D) A total maximum payment of
			 $22.50.
(c) When the
			 invoice does not itemize the number of pages copied and provided, a total
			 maximum payment of $18.00.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 75 - RATES OF PAYMENT - MEDICAL › Section 582-075-0040 - Limitations of Payments

Current through Register Vol. 63, No. 7, July 1, 2024
The vendor shall accept the fees prescribed by division 75 as
				payment in full. If a vendor's usual and customary fee for a service exceeds
				the fee prescribed by division 75, the client and/or his or her family shall
				not be liable to the vendor for any portion of a vendor's usual and customary
				fee unless the client and/or his or her family agrees in writing to assume the
				additional charges. Without such explicit agreement, the vendor must accept the
				OVRS payment, including any client copayment, as payment in
				full.
Stat. Auth.: ORS
				  344.530(2)
Stats. Implemented: ORS
				  344.511 -
				  344.690
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 80 - VENDOR SELECTION POLICIES › Section 582-080-0010 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 policy of OVRS to purchase goods and services only from qualified vendors, in
			 accordance with state licensure laws, OVRS Approval Standards, state purchasing
			 regulations and applicable federal regulations. Goods and services will be
			 purchased that are within the purview of the particular license or approval
			 standards.
(2) It is policy not to
			 discriminate against a vendor based upon sex, race, creed, ethnic origin or
			 disability. Favoritism by OVRS in the selection or use of a vendor - resulting
			 from considerations unrelated to informed client choice, cost, quality, or
			 other criteria in these rules - will be avoided. Other factors being equal, a
			 suitable vendor nearest the client will be used. OVRS maintains a listing of
			 approved vendors selected to provide services to the OVRS.
(3) OVRS may select vendors or a pool of
			 vendors on the basis of informed client choice in the context of third-party
			 funding and comparative cost considerations. In addition, quality of service,
			 facilities, barrier free access, program length, timeliness of needed services,
			 and the vendor's history of timely and completeness of reports may be
			 considered by OVRS in making a selection.
(4) It is OVRS policy that medical services
			 will normally be purchased through the treating source when that source is
			 willing and qualified to provide the authorized service at the rates OVRS would
			 otherwise pay in the client's geographic location.
(5) OVRS may select vendors or a pool of
			 vendors for medical services on the basis of informed client choice in the
			 context of medical insurance and comparative cost considerations. In addition,
			 quality of service, facilities, barrier free access, program length, timeliness
			 of needed services, and the vendor's history of timely and completeness of
			 reports may be considered by the OVRS in making a selection. When more than one
			 medical provider is listed in the geographic area, selection of appropriate
			 medical providers may be made on distance from the client, an equal
			 distribution of services, or rotation of available vendors.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 80 - VENDOR SELECTION POLICIES › Section 582-080-0030 - Selection Policy for Out-of-State Vendors

Current through Register Vol. 63, No. 7, July 1, 2024
The vendor selection policies of divisions 582-080, OAR 582-010
				and 582-075 will be used for all out-of-state vendors. The vocational
				rehabilitation counselor may contact the other Vocational Rehabilitation state
				agency for vendor information and to check rates.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 80 - VENDOR SELECTION POLICIES › Section 582-080-0040 - Conflict of Interest Regarding Vendor Selection

Current through Register Vol. 63, No. 7, July 1, 2024
No employee or representative of OVRS may take any action that
				would result in the person's private financial benefit, nor shall the action
				benefit any member or any business with which he/she or any member of his/her
				household is associated. All OVRS employees must give notice to their immediate
				supervisor of all potential conflicts of interest. If the supervisor agrees
				that there is a conflict of interest, the supervisor shall send the matter
				through supervisory channels to the appointment authority for
				resolution.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 80 - VENDOR SELECTION POLICIES › Section 582-080-0050 - Civil Rights

Current through Register Vol. 63, No. 7, July 1, 2024
All vendors must provide all of their services in compliance
				with Titles VI and VII of the Civil Rights Act of 1964 as amended; Sections 503
				and 504 of the Rehabilitation Act of 1973 as amended; Architectural Barriers
				Act of 1968 as amended; Uniform Accessibility Standards in
41 CFR Part
				101-19.6 et seq.; American National Standards Institute No. A 117.1 --
				1986
; and, Americans with Disabilities Act (P.L.
				101-336).
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 85 - STANDARDS FOR INDEPENDENT LIVING SERVICE PROVIDERS › Section 582-085-0004 - Independent Living Service Providers Receiving Vocational Rehabilitation Funds

Current through Register Vol. 63, No. 7, July 1, 2024
An independent living service provider who receives funds for
				vocational rehabilitation services must comply with the same standards
				applicable in chapter 582 of the Oregon Administrative Rules to other providers
				of the specific vocational rehabilitation services funded.
Stat. Auth. ORS
				344.530 Stats. Implemented: ORS
				344.530 &
				344.550 Hist.: VRS 5-2004, f.
				& cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef.
				2-11-09 thru 8-9-09
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 85 - STANDARDS FOR INDEPENDENT LIVING SERVICE PROVIDERS › Section 582-085-0005 - Providers Receiving Independent Living Services Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers must satisfy the following
			 requirements to receive funds allocated under Section 713(1) of the federal
			 Rehabilitation Act:
(a) Approval of the State
			 Independent Living Council for the specific funds provided; and
(b) Satisfy all applicable state licensure or
			 certification requirements for the specific services funded; and either
(c) Satisfy the requirements of
			 Section 702 of the federal Rehabilitation Act to qualify as a "Center for
			 Independent Living"; or
(d)
			 Qualify for and be placed on the OVRS Approved Vendor List for the specific
			 services funded.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 90 - CERTIFICATION OF DISABILITY › Section 582-090-0010 - Certification of Disability Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office of Vocational Rehabilitation
			 Services (OVRS) will provide certification services on request for individuals
			 with disabilities seeking employment under a governmental entity's special
			 hiring practices if a certificate is required.
(2) OVRS will provide certification services
			 on request for clients who require documentation of disability for specific
			 programs such as Tri-Met Honored Citizen Cards and the Public Utility
			 Commission Telecommunications Devices Access Program.
(3) Individuals seeking a certification of
			 disability shall provide OVRS with the certification instructions and form of
			 the governmental organization if requested, and provide documenting evidence of
			 their disability.
(4) OVRS may
			 provide certification of disability services regardless of whether individuals
			 apply for OVRS services under
34
CFR 361.41
, qualify
			 for services under
34
			 CFR 361.42
, or have an open case with
			 OVRS for vocational rehabilitation services.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.530
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 90 - CERTIFICATION OF DISABILITY › Section 582-090-0020 - Certification of Disability for Federal Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OVRS will provide certification services
			 for federal job applicants under Schedule A hiring authorities (5
			 CFR 213.3101), including
			 5 CFR
			 213.3102(t) for hiring
			 people with mental retardation,
			 5 CFR
			 213.3102(u) for hiring
			 people with severe physical disabilities, and
			 5 CFR
			 213.3102(gg) for hiring
			 people with psychiatric disabilities.
(2) A certification issued by an OVRS
			 counselor for federal job applicants under Schedule A hiring authorities must
			 verify that the applicant has a severe disability and is therefore eligible
			 under a Schedule A appointment authority and that the applicant is able to
			 perform the essential duties of the position. The certification must also
			 describe any needed reasonable accommodation.
(3) An OVRS counselor may issue a
			 certification for federal job applicants under Schedule A hiring authorities as
			 follows:
(a) An OVRS counselor may first issue
			 a letter certifying that the individual is disabled and eligible for
			 appointment under a particular Schedule A appointment authority. This type of
			 certification is sufficient for an applicant to be considered for any Schedule
			 A job;
(b) If the individual with a
			 disability is tentatively selected for the position, the OVRS counselor may
			 issue a second letter, as merited, stating that the counselor has evaluated the
			 job tasks and determined the applicant is able to perform the essential duties
			 of the position. This second letter must also state what reasonable
			 accommodations, if any, are sought.