Section 29-120. PAYMENTS FOR GOODS  


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    120.1The Rehabilitation Services Administration shall pay only for goods that are:

     

    (a)Determined by the Rehabilitation Services Administration to be necessary for the client to participate in the assessment or evaluation process;

     

    (b)Identified on the client's Individualized Plan for Employment (IPE) or Independent Living Plan (ILP);

     

    (c)Preauthorized and approved by the Rehabilitation Services Administration through either a signed purchase order or other authorizing document;

     

    (d)Determined satisfactory by the Rehabilitation Services Administration; and

     

    (e)Not available through a comparable service or benefit pursuant to § 114.

     

    120.2The Rehabilitation Services Administration shall pay only the portion of the cost of goods identified as the responsibility of the Rehabilitation Services Administration on the client's IPE in accordance with § 124, and shall not pay costs that have been designated as the client's financial responsibility.

     

    120.3Each provider of goods shall comply with the requirements of § 119.3 during the entire period of providing goods.

     

    120.4If a provider supplies goods pursuant to a purchase order or other authorizing document, the provider shall submit the invoice for the delivered goods in accordance with procedures established by the Rehabilitation Services Administration. The amount of the invoice shall not exceed the cost specified in the purchase order or authorizing document.

     

    120.5A provider may not charge or accept payment from a client of the Rehabilitation Services Administration, the client's family, or a third party for authorized goods unless the amount of the client's financial responsibility to the provider has been:

     

    (a)Preauthorized by the Rehabilitation Services Administration;

     

    (b)Agreed to by the client in writing; and

     

    (c)Incorporated into the Rehabilitation Services Administration's authorization for goods from the provider.

     

    120.6The Rehabilitation Services Administration shall pay for authorized goods at a rate equal to or lesser than:

     

    (a)The provider's customary charge; and

     

    (b)The rate established as the result of competitive bidding conducted by the Department of Human Ser-vices, Office of Contracts and Procurement as reflected in an issued purchase order.

     

    120.7The Rehabilitation Services Administration shall not purchase land or buildings or pay for the cost of construction or additions to a building.

     

    120.8The Rehabilitation Services Administration shall provide no more than one (1) pair of glasses and frames per year unless additional glasses are required by a change in prescription or necessitated by unforeseen circumstances, and no comparable benefit is available to pay for the glasses.

     

    120.9The Rehabilitation Services Administration may purchase assistive technology devices and aids for an eligible individual pursuant to an assistive technology assessment which establishes a need for the device, if no comparable benefit is available to pay for the assistive technology device(s).

     

    120.10The Rehabilitation Services Administration shall provide no more than one of each type of assistive technology device or aid unless a new evaluation shows that a replacement or additional device or aid is warranted or unforeseen circumstances warrant repair or replacement to enable the individual to maintain employment.

     

    120.11The Rehabilitation Services Administration shall provide computers, books, tools, and other training materials that are necessary to complete training pursuant to § 113.2, only after an eligible individual provides one of the following:

     

    (a)Written verification from the chairperson of the relevant department, or director of the training pro-gram, that a specific computer or specific books, tools, and other training materials are required for the course of study;

     

    (b)The catalog or syllabus for the course which specifies that a specific computer or specific books, tools, and training materials are a requirement for all students; or

     

    (c)Written documentation from a licensed professional that the eligible individual requires a specific computer, or specific books, tools, and training materials as an accommodation for the client's disability and functional limitations.

     

    120.12The Rehabilitation Services Administration shall not pay for upgrades, repairs, or maintenance for computer systems or operating programs except as provided in § 120.11.

     

    120.13When an individual provides documentation that a computer is required to complete training pursuant to § 120.11, the Rehabilitation Services Administration shall first determine if a comparable computer is available through the computer loan program. If no computer is available pursuant to the computer loan program, the Rehabilitation Ser-vices Administration shall purchase a computer for use by the individual.

     

    120.14A client's request for a computer, books, tools and training equipment made in accordance with §§ 113.2 and 120.11 must be submitted by the client as soon as possible, but no later that one week after the first day of training, and must include the cost of each item or supply requested. Failure to comply with § 120.11 may result in a delay of the receipt of supplies.

     

    120.15The Rehabilitation Services Administration may establish other reasonable purchase requirements from time to time, through public notice.

     

    120.16The Rehabilitation Services Administration shall pay for all goods authorized in accordance with the Procurement Practices Act (D.C. Official Code § 2-301 et seq.).

     

source

Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007).