R 395.54 General requirements.

Rule 4. (1) MRS shall not discriminate on the basis of race, religion, age, national origin, color, height, weight, marital status, sex, sexual orientation, gender identity or expression, political beliefs, disability, participant status in a workforce innovation and opportunity act-funded program, or discriminate against certain non-citizens as defined by section 188 of the Workforce Innovation and Opportunity Act, 29 USC 3248. (2) MRS shall not impose, as part of determining an individual’s eligibility for vocational rehabilitation services, a duration of residence requirement that excludes any applicant who is legally present in this state. (3) Throughout the individual’s rehabilitation program, every opportunity must be provided to the individual to make informed choices regarding the rehabilitation process. MRS shall maintain documentation of opportunities for making informed choices in the individual’s case record. (4) MRS shall establish and maintain a case record for each individual and recipient of vocational rehabilitation services, which includes data necessary to comply with MRS and federal Rehabilitation Services Administration requirements. (5) MRS shall make administrative decisions about the district and office boundaries in which individuals are served. Individuals do not have a right to select the office or district in which they are served or the counselor who serves them. (6) Individuals are served in geographic MRS districts and offices according to their residence. Individuals who change their residence may have the option to have their cases transferred, with supervisory approval, to the district or office to which they have moved. (7) Individuals have the right to appeal the denial of a request to change counselors within an office. (8) Case service expenditures, whether assessment or IPE services, require written authorization by MRS before or simultaneously with the initiation of the service. Retroactive authorizations are allowed within the current and previous fiscal year if the individual receiving MRS services made reasonable efforts to ensure MRS was able to provide the service and failure to authorize payment for services is due to MRS error or delay. MRS will issue retroactive authorizations prior to the current a previous fiscal year if required to do so by order of an administrative law judge or other legally-mandated process. (9) Goods and services must be provided subject to the statewide availability of funds. Each IPE must be developed and implemented in a manner that gives the individual the opportunity to exercise informed choice in selecting the vocational rehabilitation services needed to achieve the employment outcome, including the settings in which services are provided, and the entity or entities that provide the vocational rehabilitation services. (10) When appropriate, the MRS counselor shall provide the referral necessary to support the individual with disabilities in securing needed services from other agencies and organizations. (11) The MRS counselor shall inform each individual of the right to obtain a review of determinations made by MRS that affect the provision of vocational rehabilitation services, including the right to pursue mediation and provide applicants and eligible individuals with notice of the availability of the CAP to assist the applicant or recipient during mediation sessions or impartial due process hearings.