HAR §17-401.1-5. Order of selection

(a) The purpose and intent of the division’s order of selection is to provide an organized and equitable system for serving eligible individuals and processing of referrals when the division is unable to serve, on a timely basis, all eligible individuals who have applied for services. (b) The division shall review its ability to provide the full range of services each Federal fiscal year. (1) The division either must be able to provide the full range of services listed in section 17-401.1-6, as appropriate, to all eligible individuals or, in the event that VR services cannot be provided to all eligible individuals in the State who apply for the services, include in the State plan the order established in subsection (e) to be followed in selecting eligible individuals to be provided VR services. (2) The ability of the division to provide the full range of VR services to all eligible individuals must be supported by a determination that satisfies the 22 §17-401.1-5 requirements of subsections (c) or (d) and a determination that, on the basis of the division’s projected fiscal and personnel resources and its assessment of the rehabilitation needs of individuals with significant disabilities within the State, it can: (A) Continue to provide services to all individuals currently receiving services; (B) Provide assessment services to all individuals expected to apply for services in the next Federal fiscal year; (C) Provide services to all individuals who are expected to be determined eligible in the next Federal fiscal year; and (D) Meet all program requirements. (3) If the division is unable to provide the full range of VR services to all eligible individuals in the State who apply for the services, the State plan must: (A) Show the order to be followed in selecting eligible individuals to be provided VR services; (B) Provide a justification for the order of selection; (C) Identify services and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order; and (D) Assure that: (i) In accordance with the criteria established in subsection (e) for the order of selection, individuals with the most significant disabilities will be selected first for the provision of VR services; and (ii) Individuals who do not meet the order of selection criteria will 23 §17-401.1-5 have access to services provided through the information and referral system established under section 17-401.1-3. (c) The assurance that services can be provided to all eligible individuals must be based on the following: (1) In determining, for the current and preceding Federal fiscal year, that the division is able to provide the full range of services, as appropriate, to all eligible individuals, the division, during the current and preceding Federal fiscal year, must have in fact: (A) Provided assessment services to all applicants and the full range of services, as appropriate, to all eligible individuals; (B) Made referral forms widely available throughout the State; (C) Conducted outreach efforts to identify and serve individuals with disabilities who have been unserved or underserved by the VR system; and (D) Not delayed, through waiting lists or other means, determinations of eligibility, the development of individualized plans for employment for individuals determined eligible for VR services, or the provision of services for eligible individuals for whom individualized plans for employment have been developed. (2) If the division was unable to provide the full range of services to all eligible individuals during the current or preceding Federal fiscal year or has not met the requirements in paragraph (c)(1), the determination that the division is able to provide the full range of services to all 24 §17-401.1-5 eligible individuals in the next Federal fiscal year must be based on: (A) Circumstances that have changed that will allow the division to meet the requirements of (c)(2) in the next Federal fiscal year, including: (i) An estimate of the number of and projected costs of serving, in the next Federal fiscal year, individuals with existing individualized plans for employment; (ii) The projected number of individuals with disabilities who will apply for services and will be determined eligible in the next Federal fiscal year and the projected costs of serving those individuals; (iii) The projected costs of administering the program in the next Federal fiscal year, including, but not limited to, costs of staff salaries and benefits, outreach activities, and required statewide studies; and (iv) The projected revenues and projected number of qualified personnel for the program in the next Federal fiscal year; (B) Comparable data, as relevant, for the current or preceding fiscal year, or for both years, of the costs listed in paragraphs(c)(2)(A)(i) through (iii)and the resources identified in paragraphs (c)(2)(A)(iv) and an explanation of any projected increases or decreases in these costs and resources; and (C) A determination that the projected revenues and the projected number of qualified personnel for the program in 25 §17-401.1-5 the next Federal fiscal year are adequate to cover the costs identified in paragraphs (c)(2)(A)(i) through (iii) to ensure the provision of the full range of services, as appropriate, to all eligible individuals. (d) The division must determine the need for establishing and implementing an order of selection: (1) The division must determine, prior to the beginning of each Federal fiscal year, whether to establish and implement an order of selection. (2) The division must consult with the State Rehabilitation Council regarding the: (A) Need to establish an order of selection, including any reevaluation of the need under (d)(2); (B) Priority categories of the particular order of selection; (C) Criteria for determining individuals with the most significant disabilities; and (D) Administration of the order of selection. (3) If the division determines that it does not need to establish an order of selection, it must reevaluate this determination whenever changed circumstances during the course of a Federal fiscal year, such as a decrease in its fiscal or personnel resources or an increase in its program costs, indicate that it may no longer be able to provide the full range of services, as appropriate, to all eligible individuals, as described in paragraph (b)(2). (4) If the division establishes an order of selection, but determines that it does not need to implement that order at the beginning of the Federal fiscal year, it must continue to meet the requirements of paragraph (b)(2), or it must implement the 26 §17-401.1-5 order of selection by closing one or more priority categories. (5) When the evaluation indicates that the available resources will not be adequate to provide assessment services to all applicants and the full range of services to all eligible individuals that will be needing services in the upcoming year in an equitable and expeditious manner, the division administrator shall declare the division under order of selection for VR services. (6) While under the order of selection, the division shall carefully consider any decision to terminate the order of selection, in consideration of the effort to establish and implement an order of selection, and the extent to which the division’s resources will be sufficient to sustain services to all eligible individuals once the order of selection is terminated. (e) Under the order of selection, first priority shall be given to individuals with a most significant disability, second priority to individuals with a significant disability, and third priority to individuals with a non-significant disability (having neither a significant nor a most significant disability). (1) The term individual with a most significant disability means an individual determined eligible for VR services by the division, who meets all three of the following refined criteria in the definition of individual with a most significant disability: (A) Has a severe physical or mental impairment that seriously limits two 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; 27 §17-401.1-5 (B) Requires three or more of the following VR services (VR counseling and guidance, diagnosis and treatment of physical impairments (physical restoration), diagnosis and treatment of mental impairments (mental restoration), vocational training, personal adjustment training, specialized job placement, rehabilitation technology, or other substantial services); and (C) Requires VR services for 12 months or more. (2) The term individual with a significant disability means an individual determined eligible for VR services by the division, who does not meet all three of the refined criteria in the definition of individual with a most significant disability, and who is either: (A) Considered to meet the definition of an individual with a significant disability based on evidence provided by the individual or verification by the division of the individual’s eligibility for Social Security disability insurance (SSDI) benefits or supplemental security income (SSI) payments under titles II and XVI of the Social Security Act; or (B) Meets all three of the following refined criteria in the definition of individual with a significant disability: (i) Has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work 28 §17-401.1-5 tolerance, or work skills) in terms of an employment outcome; (ii) Requires two or more of the following VR services (VR counseling and guidance, diagnosis and treatment of physical impairments (physical restoration), diagnosis and treatment of mental impairments (mental restoration), vocational training, personal adjustment training, specialized job placement, rehabilitation technology, or other substantial services); and (iii) Requires VR services for 6 months or more. (3) The term individual with a non-significant disability means an individual determined eligible for VR services by the division, who does not meet all three of the refined criteria in the definition of individual with a most significant disability or individual with a significant disability. (f) The division will determine the priority category classification of each individual determined eligible for VR services, at the time of eligibility determination or immediately thereafter, in accordance with subsection (e), and written format determined by the division. (1) Each individual determined eligible shall be determined to be most significantly disabled, significantly disabled, or non- significantly disabled. No individual will be assigned more than one of these categories. (2) An eligible SSDI beneficiary or SSI recipient under the Social Security Act shall not be afforded any special consideration of priority for services other than the automatic priority category 29 §17-401.1-5 classification of the individual as an individual with a significant disability. (3) If an individual’s disability becomes less severe due to an improvement in the individual’s disabling condition or situation, the individual’s priority category shall not be changed. (4) If an individual’s disability becomes more severe and can be documented, the individual’s priority shall be documented and changed accordingly. The date of eligibility for the new priority category classification will be the date of the individual’s application for services. (g) The order of selection shall not be based on any other factors, including: (1) Any duration of residency requirement, provided the individual is present in the State; (2) Type of disability; (3) Age, gender, race, color, or national origin; (4) Source of referral; (5) Type of expected employment outcome; (6) The need for specific services or anticipated cost of services required by an individual; or (7) The income level of an individual or an individual’s family. (h) In administering the order of selection, the division shall: (1) Implement the order of selection on a statewide basis. (2) Inform referral sources, service providers, frequently used employers, officials of other affected State agencies, the public, and others, about the need for an order of selection and the general policies that govern its implementation. (3) Provide all prospective applicants with the following information: 30 §17-401.1-5 (A) Information about the division’s order of selection at the point that a referral is taken to assure that they have accurate information regarding the availability of services. (B) Information about the division’s order of selection at the time of initial orientation or application, or both including more specific information if available, to enable the individual to make an informed decision about pursuing VR services. (C) Information that the determination of eligibility and severity of disability process is highly individualized and should be discussed with a VR counselor before the individual decides not to pursue services. (4) Notify each individual determined eligible, in writing of: (A) The priority categories; (B) The individual’s assignment to a particular priority category classification; (C) Any reclassification of priority category assignment due to changes in the individual’s circumstances or due to any misclassifications; (D) The individual’s right to appeal the category assignment; and (E) The availability of assistance from the Client Assistance Program. (5) Continue to provide all needed services to any eligible individual who has begun to receive services under an individualized plan for employment prior to the effective date of the order of selection, irrespective of the severity of the individual’s disability; and (6) Ensure that funding arrangements for providing services under the State plan, 31 §17-401.1-5 including third-party arrangements and awards under the establishment authority, are consistent with the order of selection. Any funding arrangements which are inconsistent with the order of selection, must be renegotiated so that they are consistent with the order of selection. (7) Establish caseload standards to ensure an equitable system for the assignment and processing of cases under the order of selection. (A) Caseload size minimums, and minimum goals for processing of referrals, applications, and active cases, shall be established for each VR specialist (counselor) level (VRS I, II, III, and IV). (B) Assignment of referrals will be in chronological order by date of referral. (C) Assignment of eligible individuals will be in chronological order by priority category and date of application. (8) Establish and maintain deferred service lists, by priority category and date of application when all eligible individuals cannot be assigned immediately. Individuals on the lists shall be periodically informed of their status on the deferred service lists. (i) If an individual has been determined to be an individual with a significant disability or an individual with a most significant disability, the division shall include documentation supporting that determination in the division’s record of services for the individual. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 721, 794; 34 C.F.R. §§361.5(b)(30) and (31), 361.36, 361.47) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 721, 794; 34 C.F.R. §361.36. 361.47) 32