Rehabilitation Technology Services

(1) Rehabilitation technology services assist individuals with disabilities to overcome barriers to full participation in rehabilitation, employment, transportation, independent living and recreation. The Commission will only support rehabilitation technology that is necessary to achieve an individual’s vocational objectives and goals. An individual’s need for rehabilitation technology should be considered at any stage of the vocational rehabilitation process. (2) Rehabilitation technology refers to the systematic application of technologies, engineering methodologies, or scientific principles to address the barriers confronted by individuals with disabilities. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services. (a) Assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (b) Assistive technology service is any service that directly assists an individual in the selection, acquisition, or use of an assistive device and includes: 1. the evaluation of the needs of an individual, including functional evaluation of the individual in the environment where the device will be used, such as the home or worksite; 2. purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices; 3. selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices; 4. coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; 5. training or technical assistance for an individual or, where appropriate, the family of an individual; and 6. training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. Rehabilitation technology services, including evaluation of the need for rehabilitation technology services, shall be provided when necessary to assess eligibility and vocational rehabilitation potential, especially when the disabling condition of the individual is so severe that the absence of rehabilitation technology services could result in a determination of ineligibility. In the development and review of the IPE, rehabilitation technology services shall be considered to eliminate barriers to and/or enhance opportunities for the development of capacities for successful job performance. Rehabilitation technology services provided to individuals to assist them to attain intermediate objectives and long-range rehabilitation goals, including supported employment, shall be specified in the individual’s IPE. (5) Reviews of ineligibility or inability to attain a vocational goal due to the severity of the disability shall include consideration of rehabilitation technology services. The effect of rehabilitation technology services on the determination of eligibility shall be considered in any review initiated by the individual and in annual reviews initiated by the Commission. (6) Annual reviews and evaluations of extended employment in rehabilitation facilities to identify individuals capable of competitive employment shall, include consideration of rehabilitation technology services. (7) Review of post employment services shall include consideration of rehabilitation technology services. (8) Evaluation of the need for rehabilitation technology services and the provision of those services shall be performed by personnel who are skilled in rehabilitation technology and who meet applicable licensing or certification requirements of the Commonwealth of Massachusetts. The Commission may review or conduct studies to evaluate rehabilitation technology services and the provision of such services. Such reviews and studies may evaluate utilization, cost effectiveness, fee schedules, safety and reliability. (9) The Commission shall retain legal title and control of any equipment purchased for an individual as a rehabilitation technology service. Such legal title and control will be in accordance with all applicable Massachusetts laws, regulations and related requirements governing title, use, replacement, disposition, and transfer. Equipment will not be attached, confiscated, or otherwise encumbered by creditors or other sources however: (a) the Commission may require the return of such equipment, in good condition, if it determines that equipment is not being utilized for the purposes for which it was provided; and (b) at such time as an individual is performing successfully in employment and considered to have attained his/her vocational rehabilitation goals, title to and control of the equipment may be transferred to the individual. (10) Rates, fees, and expenditures for rehabilitation technology services are subject to all applicable Commonwealth of Massachusetts statutory, regulatory, and related requirements governing purchases of services and goods. The Commission may establish maximum dollar limits designed to ensure the lowest reasonable cost for rehabilitation technology services. The maximum dollar limits will include a waiver process so that rehabilitation technology services that are essential to vocational rehabilitation and employment of otherwise eligible individuals are not precluded by the maximum dollar limits established to control costs. Provision of rehabilitation technology services is subject to determination of financial participation rehabilitation technology services do not require a determination that comparable benefits and services are unavailable under any other program. However, resources from other programs may be utilized when readily available.