HAR §17-401.1-6. §17-401

1-6 Scope of VR services for individuals with disabilities. As appropriate to the VR needs of each individual and consistent with each individual’s informed choice, the division must ensure that the following VR services are available to assist the individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice: (1) Assessment for determining eligibility and priority for services by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with section 17-401.1-7. (2) Assessment for determining VR needs by qualified personnel, including if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with section 17-401.1-10. (3) Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice in accordance with section 17-401.1-12. (4) 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 section 17-401.1-3, and to advise those individuals about the Client Assistance Program of the Hawaii Disability Rights Center. (5) Diagnosis and treatment of physical and mental impairments (physical and mental restoration services), as defined in section 17-401.1-2 and in accordance with section 17-401.1-18, and to the extent that financial support is not readily available 33 §17-401.1-6 from a source other than the division (such as through health insurance or a comparable service or benefit in accordance with section 17-401.1-13). (6) Vocational and other training services, including 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 with funds under this section 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. (7) Maintenance, as defined in section 17-401.1- 2 and in accordance with section 17-401.1- 23. (8) Transportation in connection with the rendering of any vocational rehabilitation service as defined in section 17-401.1-2 and in accordance with section 17-401.1-27. (9) Vocational rehabilitation services to family members, as defined in section 17-401.1-2, of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome and in accordance with section 17- 401.1-22. (10) Interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel, in accordance with section 17-401.1-24. (11) Reader services, rehabilitation teaching services, and orientation and mobility 34 §17-401.1-6 services for individuals who are blind, in accordance with section 17-401.1-25. (12) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow- along services, in accordance with section 17-401.1-20. (13) Supported employment services as defined in section 17-401-2 and in accordance with section 17-401.1-31. (14) On the job or other related personal attendant (personal assistance) services as defined in section 17-401.1-2 and in accordance with section 17-401.1-30. (15) Specific post-employment services as defined in section 17-401.1-2 and in accordance with section 17-401.1-21. (16) Occupational licenses, tools, equipment, initial stocks, and supplies in accordance with section 17-401.1-26. (17) Rehabilitation technology as defined in section 17-401.1-2, including vehicular modification, telecommunications, sensory, and other technological aids and devices, in accordance with section 17-401.1-28. (18) Transition services as defined in section 17-401.1-2 and in accordance with section 17-401.1-29. (19) Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self- employment or telecommuting or establishing a small business operation as an employment outcome, in accordance with section 17- 401.1-32. (20) Other goods and services determined necessary for the individual with a 35 §17-401.1-6 disability to achieve an employment outcome, in accordance with section 17-401.1-33. (Eff AUG 13 2007](Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §723; 34 C.F.R. §361.48) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §723; 34 C.F.R. §361.48) §17-401.1-7 Assessment for determining eligibility and priority for services. (a) The division shall conduct an assessment, in the most integrated setting possible and consistent with the individual’s needs and informed choice, to determine the eligibility of all individuals applying for VR services, and the individual’s priority for services. Integrated setting means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than those who provide them services. (b) The assessment must be conducted in accordance with the following provisions: (1) The determination of an applicant’s eligibility for VR services must be based only on the following basic requirements: (A) A determination by qualified personnel that the applicant has a physical or mental impairment. (B) 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. (C) A determination by a qualified vocational rehabilitation counselor employed by the division that the applicant requires VR 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. 36 §17-401.1-7 (D) A presumption, in accordance with paragraph (b)(2), that the applicant can benefit in terms of an employment outcome from the provision of VR services. (2) The division must presume that an applicant who meets the eligibility requirements in paragraph (b)(1)(A) and (B) can benefit in terms of an employment outcome unless it demonstrates, based on clear and convincing evidence as defined in subparagraph (e)(1)(A), that the applicant is incapable of benefiting in terms of an employment outcome from VR services due to the severity of the applicant’s disability. (3) The division shall presume the eligibility of Social Security recipients and beneficiaries for VR services: (A) Any applicant who has been determined eligible for Social Security benefits under title II or title XVI of the Social Security Act is: (i) Presumed eligible for VR services under paragraphs (b)(1) and (2); and (ii) Considered an individual with a significant disability as defined in section 17-401.1-2. (B) If an applicant for VR services asserts to be eligible for Social Security benefits under title II or title XVI of the Social Security Act (and therefore presumed eligible for VR services under this paragraph), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the division must verify the applicant’s eligibility under title II or title XVI of the Social Security Act by contacting the Social Security 37