Comparable services and benefits

(a) Definitions. The terms used in this section shall, unless the context otherwise requires, have the following meanings. (1) "Eligible", when used in relation to an applicant's or client's qualification for comparable services and benefits, means legal entitlement or the applicant's or client's ability to meet the criteria for obtaining services from other programs. (2) "Program" means an organized, ongoing form of service or assistance, whether public or private, free or requiring a deductible, coinsurance feature, token payment, or personal claim. (b) Services Subject to Consideration of Comparable Services and Benefits All vocational rehabilitation services, except as noted in subsections (c) and (d) of this section, shall be subject to consideration of comparable services and benefits. (c) Services excepted from consideration of comparable benefits and services include: (1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel; (2) counseling, guidance and referral services. (d) The bureau may elect to utilize comparable services and benefits for the following services, when the bureau determines that these resources are known to be readily available at the time the service is needed to accomplish the employment outcome: (1) placement in suitable employment; and (2) rehabilitation technology services. (e) Criteria for the Use of Comparable Services and Benefits The bureau shall determine whether comparable services and benefits are available under any other program, unless such a determination would interrupt or delay: (1) the progress of the individual toward achieving the employment outcome identified in the employment plan; (2) an immediate job placement; or (3) the provision of such service without which would place the individual at extreme medical risk. (f) Application to Provision of Physical and Mental Restoration Services and Maintenance Services. Full consideration shall be given to any comparable service or benefit available under any other program to an applicant or client to meet, in whole or in part, the cost of physical and mental restoration services and maintenance services provided to such an applicant or client. (g) Application to the Provision of Training Services The bureau shall require that applicants or clients make maximum effort to secure grant assistance, in whole or in part, to pay for training and training services in institutions of higher education. Applicants or clients approved to attend institutions of higher education shall be required to apply for federal and/or state grants where available. (h) If comparable services or benefits exist under any other program, but are not available to the individual at the time needed to achieve the employment outcome in the individual's employment plan, the bureau shall provide vocational rehabilitation services until those comparable services and benefits become available.