HAR §12-14-1
HAR §12-14-1. Definitions
Cite as Haw. Code R. § 12-14-1
As used herein:
"Department", “director", "employee", "employment", "medical services",
“physician", and "wages" shall be as defined in section 386-1, HRS.
"Certified rehabilitation provider" or "provider" means an agency with one or
more registered rehabilitation specialists who meet the certification criteria under
subchapter 3. In accordance with HRS 386-25(b), certified rehabilitation provider also
means the department of human services.
"Direct employee services" means all vocational rehabilitation services provided
to an employee as part of the vocational rehabilitation process of evaluation, planning,
provision, placement, and follow-up.
"Eligibility for vocational rehabilitation services" means the employee has or may
have suffered permanent disability as a result of work injuries.
"Enrollee" means an employee who is eligible for and has enrolled in an
approved vocational rehabilitation program designed to return the employee to suitable
gainful employment.
"Feasibility for vocational rehabilitation services" means the registered
rehabilitation specialist has identified the vocational rehabilitation services needed to
assist the employee to obtain and maintain suitable gainful employment and has the
skill, knowledge, and ability to provide the needed vocational rehabilitation services
identified.
"Functional limitations" established by the registered rehabilitation specialist
means the negative effects of disability on the performance of tasks required in specific
areas of employment.
"Modification of a vocational rehabilitation plan" means a limited change in the
plan that does not change the direction of vocational rehabilitation.
"Physical limitations" means specific limitations to one or more physical abilities
established by the physician.
"Psychological limitations" means specific limitations in mental and/or behavioral
ability established by the physician.
"Registered rehabilitation specialist" or "specialist" means an employee of a
certified rehabilitation provider who is registered with the department to provide
vocational rehabilitation services and meets the criteria set forth in subchapter 3.
"Rejection of a vocational rehabilitation plan" means the non-approval or denial
of a plan by the department's vocational rehabilitation unit.
"Revision to a vocational rehabilitation plan" means a change to the plan which
may include but is not limited to a change of goal or changes to the process to achieve
the goal, or both.
"Suitable gainful employment" shall be as defined in section 386-1, HRS.
"Suspension of a vocational rehabilitation plan" means to stop temporarily the
implementation or continuation of a plan.
"Vocational rehabilitation plan" or "plan" shall be as defined in section 386-1,
HRS.
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"Vocational rehabilitation program" or "program" means the sequence of
vocational rehabilitation services beginning upon an employee's enrollment in
vocational rehabilitation and continuing until services are terminated by the director.
"Vocational rehabilitation services" or "services" shall be as defined in section
386-1, HRS."
"Vocational rehabilitation work" means employment that meets the following
criteria:
(1) The target group consists of disabled adults;
(2) The goal of rehabilitation is suitable gainful employment; and
(3) The function of the person is to provide vocational rehabilitation services. [Eff.
1/l/81; am 1/28/85; am 4/12/93; am 2/28/11] (Auth: HRS §386-72) (Imp: §386-25)
§§12-14-2 to 12-14-3 (Reserved)
SUBCHAPTER 2
REVIEW AND APPROVAL OF VOCATIONAL REHABILITATION PLANS
§12-14-4 (Repealed) [Eff: 1/1/81; am 1/28/85; am 4/12/93; am 11/08/99; R
2/28/11]
§12-14-4.1 Progress reports required subsequent to the initial evaluation and
prior to the plan. A provider shall submit to the employer and employee progress
reports every thirty days. Upon request, the provider shall submit the reports to the
director. These reports shall include but not be limited to:
(1)
An assessment of the employee's adjustment to disability, newly identified
disabilities, functional, physical and psychological limitations and
vocational handicaps;
(2)
Specific services provided during the report period and their outcome as
they relate to the vocational rehabilitation process; and
(3)
Specific services to be provided during the next report period as they
relate to the vocational rehabilitation process, justification for the
necessity of these services, estimated time frames for delivery of services,
and how the effectiveness of these services is to be measured. [Eff.
1/28/85; am 4/12/93; am 11/08/99] (Auth: HRS §386-72) (Imp: HRS §386-
25)
§12-14-5 (Repealed) [Eff: 1/1/81; am 1/28/85; am 4/12/93; am 11/08/99; am
12/17/01; R 2/28/11]