Section 29-114. COMPARABLE SERVICES AND BENEFITS  


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    114.1The Rehabilitation Services Administration shall use comparable benefits as defined in subsections 114.2 through 114.5, in providing vocational rehabilitation services and benefits.

     

    114.2Prior to providing any vocational rehabilitation services, except those services listed in subsection 114.3 of this section, to an eligible individual, or to members of the individual's family, the Rehabilitation Services Administration shall determine whether comparable services and benefits, as defined in section 199, exist under any other program and whether those services and benefits are available to the individual unless such a determination would interrupt or delay:

     

    (a)The progress of the individual toward achieving the employment outcome identified in the individualized plan for employment;

     

    (b)An immediate job placement; or

     

    (c)The provision of vocational rehabilitation services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

     

    114.3The following vocational rehabilitation services described in section 113 are exempt from a determination of the availability of comparable services and benefits under subsection 114.2 of this section:

     

    (a)Assessment for determining eligibility and vocational rehabilitation needs;

     

    (b)Counseling and guidance, including information and support services to assist an individual in exercising informed choice;

     

    (c)Referral and other services to secure needed services from other agencies, including other components of the statewide workforce investment system, if those services are not available under this chapter;

     

    (d)Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

     

    (e)Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; and

     

    (f)Post-employment services consisting of the services listed under subsections 114.3(a) through (e) of this section.

     

    114.4If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's IPE, the Rehabilitation Services Administration shall use those comparable services or benefits to meet, in whole or part, the costs of the vocational rehabilitation services.

     

    114.5If comparable services or benefits exist under any other program, but are not available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the eligible individual's IPE, the Rehabilitation Services Administration shall authorize the appropriate vocational rehabilitation services only until those comparable services and benefits become available.

     

    114.6The applicant or eligible individual shall be responsible for cooperating with the Client Services Division in seeking and promptly applying for comparable services and benefits.

     

source

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003).