Process for Determining Eligibility and Order of Selection for Services

(1) Eligibility for independent living services is based only on ILC staff decisions that verify: (a) the presence of a severe physical, mental, cognitive or sensory impairment; (b) the presence of a severe limitation in one's ability to function independently in family or community or to engage or continue in employment; and (c) a reasonable expectation that independent living rehabilitation services will significantly assist the individual to improve his or her ability to function in family or community or to engage or continue in employment. Eligibility verification must be documented in the consumer service record. (2) Individuals with a severe disability who have been determined eligible for services may receive paid or unpaid services as described in their Independent Living Service Plan. (3) Eligibility for paid services is determined by an ILC and based upon one's designated order of selection category, one's position on an established waiting list, a determination of one's financial need and the availability of any needed service through a comparable benefit resource. (4) When the ILC staff makes a determination that an individual with a severe disability is eligible for services, they shall simultaneously make a determination of the individual's order of selection priority category. The priority category determines the general priorities that govern which eligible consumers shall be provided paid independent living services when the Commission has determined that funds are insufficient to provide services to all eligible individuals. (5) The priority categories are: (a) Priority Category I: This category includes consumers who are not presently receiving vocational rehabilitation services under the State vocational rehabilitation service program under Title I of the Act because of the severity of their physical, mental, cognitive or sensory impairment, and those individuals with a severe disability who are institutionalized, have been institutionalized in the past, or are at risk of becoming institutionalized. (b) Priority Category II: This category includes all consumers not eligible for Priority Category I who need Independent Living Services to maintain or improve their independent living situation. (c) Priority Category III: This category includes all consumers not eligible for Priority Categories I and II, who are presently receiving vocational rehabilitation services and who need Independent Living Services to enter into, or continue to engage in employment. (6) Purchase of ILRS shall be determined by the availability of comparable benefits from other resources including other state agencies, health insurance or employee benefits, the individual's financial need and the allocation and availability of funds, with individuals assigned to Priority Category I receiving the highest priority. Eligible individuals in all priority categories may receive information and referral and service coordination.