Determination of financial participation

1. In all cases, the division shall encourage an individual with disabilities and the individual's family to financially contribute as much as possible to the cost of vocational rehabilitation goods and services provided as part of an individualized plan for employment. When available, comparable services and benefits must be used, as described in section 75-08-01-25, and the division must apply a financial participation threshold to specified vocational rehabilitation services. The individual's refusal to provide financial information will constitute the individual's not meeting the financial participation threshold. In that event, the individual may be unable to access the services without participating in the cost of such service. a. If an individual is single, under the age of eighteen years, and unemancipated, the individual's income, and the income of the individual's parents, must be considered. b. If an individual is single, under the age of eighteen years, and living with a guardian, the division shall determine financial participation based on the individual's income. c. If an individual is single, eighteen years of age or over, but is living with a parent, the division shall determine financial participation based on the individual's income only. d. If an individual is married, regardless of age, the division shall determine financial participation based on the income of the individual and the individual's spouse. 2. Calculation of financial participation is based on a fee schedule established and administered by the division and must be used to determine client participation. Copies of the fee schedule, which may be updated from time to time, are available from the division upon request. When determining client participation, the division must take into consideration disability-related expenses incurred by or for the individual. A vocational rehabilitation administrator may adjust or waive the client financial participation to ensure the level of an individual's participation in the cost of services is not so high as to effectively deny the individual a necessary service. 3. The division must re-evaluate financial participation annually or whenever financial or other circumstances regarding the individual significantly change, whichever occurs first. Significant change includes marriage or divorce, other changes in dependent status, radical change in income, or to the individualized plan for employment. 4. Regional vocational rehabilitation administrators may adjust or waive client financial participation. Documentation must be maintained indicating the conditions under which a waiver or adjustment is made and a copy placed in the client's file. 5. The division may not require the financial participation of any individual who receives social security disability insurance benefits or supplemental security income benefits as determined under title II or title XVI of the Social Security Act [42 U.S.C. 301, et seq.]. 6. If the individual or the individual's authorized representative disagrees with the outcome of the determination of financial participation, the individual has the right to have the determination reviewed in accordance with section 75-08-01-37.