HAR §17-401.1-17. Referral and other services

(a) As appropriate, the division shall provide referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system, in accordance with sections 17-400.1-14, 17-400.1-15, 17-400.1-16 and 17-401.1-3. (b) Referral services are exempt from consideration under the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1-14. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6, 348-7; 29 U.S.C. §§709, 723; 34 C.F.R. §§361.48, 361.50) (Imp: HRS §§347-4, 348-3, 348-6, 348-7; 29 U.S.C. §§709, 723; 34 C.F.R. §§361.48, 361.50) §17-401.1-18 Diagnosis and treatment of physical and mental impairments. (a) Diagnosis and treatment services (physical and mental restoration services) include: (1) Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; 75 §17-401.1-18 (2) Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws; (3) Dentistry; (4) Nursing services; (5) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; (6) Drugs and supplies; (7) Prosthetic and orthotic devices; (8) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws; (9) Podiatry; (10) Physical therapy; (11) Occupational therapy; (12) Speech or hearing therapy; (13) Mental health services; (14) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; (15) Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and (16) Other medical or medically related rehabilitation services. (b) Diagnosis and treatment services shall be provided when necessary to correct or modify substantially, within a reasonable period of time, a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment, to enable an eligible individual to 76 §17-401.1-18 prepare for, secure, retain, or regain an employment outcome that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (c) Diagnosis and treatment services shall be provided in accordance with the definition in subsection (a), and the following: (1) The individual must be eligible for VR services; (2) The services must be provided as part of a planned program of vocational rehabilitation in accordance with the individual’s IPE; (3) Choice of physician, dentist, therapist and other service providers, as appropriate to the needs of the eligible individual, shall be governed by the following: (A) The eligible individual’s family physician, specialist, or service provider may be used when they meet the division’s standards for the service in question and is the choice of the individual or, as appropriate, the individual’s representative. (B) Where the eligible individual’s service provider of choice is not available, or when the eligible individual does not have a preferred service provider, the individual shall be offered a choice from among those providers who meet the division’s standards for the particular services needed, in accordance with sections 17-400.1-10 and 17-401.1-12. (C) Under certain circumstances where examinations and reports by qualified resource persons are difficult to obtain, the division’s medical consultant may provide necessary services. (D) Where an eligible individual is or previously was a private patient of the division’s medical consultant, such 77 §17-401.1-18 status shall not in any way influence or prejudice the current service to be provided to the individual by the consultant at the division’s request. (4) The determination that corrective surgery or therapeutic treatment is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment shall be based on such factors as the expected period of employability after treatment, and the expected effect the treatment will have in substantially improving the individual’s employability. (5) The division’s medical consultant shall review all authorizations for diagnostic and treatment services. (6) Before or simultaneously with the purchase of diagnostic or treatment services, the division shall authorize such services in writing and shall retain a record of such authorization, in accordance with sections 17-400.1-10 and 17-400.1-11. (7) Diagnosis and treatment services are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1- 14. (d) Diagnosis and treatment of acute and transitory conditions not related to a diagnosed disability, such as injuries or illnesses of thirty days duration or less, including but not limited to accidental fractures of a temporary nature, acute appendicitis, and upper respiratory infections, is not allowed. (1) All eligible individuals shall be informed that the division will not pay for diagnosis and treatment of acute and transitory conditions not related to the individual’s diagnosed disabilities. 78 §17-401.1-19 (2) All eligible individuals shall be encouraged to apply for medical insurance to address their needs. Referral services shall be provided to assist them in applying for medical insurance, in accordance with section 17-401.1-17. (e) The division administrator shall be responsible for all matters pertaining to fees charged the division for goods and services purchased in the administration of the VR program. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709. 723; 34 C.F.R. 361.50) (Imp: HRS §§347-4, 348-3, 348- 6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) §17-401.1-19 Vocational and other training services. (a) Vocational and other training services includes personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for unless maximum efforts have been made by the division and the individual to secure grant assistance in whole or in part from other sources to pay for that training. (1) Vocational training includes any organized form of instruction which provides the knowledge and skills that are essential in performing the tasks involved in an occupation. (A) College or university training may be provided to eligible individuals who have demonstrated through their high school records and college entrance examinations their ability to pursue such training. (i) Only accredited colleges and universities shall be used. (ii) State-supported schools of higher learning are preferred. However, 79 §17-401.1-19 private colleges may be used provided that the tuition paid by the division does not exceed the fees charged to residents by a State-supported college or university or when comparable training is not available in a public institution. (iii) Maximum efforts shall be made by the division to secure grant assistance, in whole or part, from other sources to pay for training services in institutions of higher education, before using VR funds. Maximum effort means that each eligible individual to be provided such training shall be required to apply for and accept grant assistance from the prospective institution. If the individual refuses to apply for or accept such services for which the individual might be eligible, the division shall not use VR funds to pay for such services. (B) Community colleges and vocational training at accredited community colleges may be provided. Maximum efforts to secure grant assistance as described in subparagraph (A)(iii) shall be made by the division before VR funds are used to pay for these services. (C) Private business and technical trade schools may be used under the following conditions: (i) Public institutions shall be used except when comparable training is not available in such public institutions; 80 §17-401.1-19 (ii) Only private business and technical trade schools, which meet State certification or licensing requirements shall be used; (iii) Satisfactory performance according to established school standards shall be required of all trainees; and (iv) Periodic evaluation of progress and counseling as needed shall be provided to assure maximum success of individuals in training. (D) Tutorial training consisting of individual instructions given on a one- to-one basis, of specific subjects or areas which are related to a vocational course or to an employment outcome, may be provided. (i) It may include private lessons as part of a personal adjustment plan, such as lip-reading or speech training; (ii) Tutors shall be selected who are qualified by license, certification, or evidence of professional or technical skill to teach the specific subject for which the tutor is hired; and (iii) Payment to a tutor shall be commensurate with prevailing wages for similar instruction in the community. (E) On-the-job training (OJT) by private businesses, potential employers, and other profit making organizations shall be based on the ability of such entities to provide instructional services by an individual with trade competency and experience in training other workers in the operations to be 81