No. 30566 (Amendment): R539-9. Supported Employment Pilot Program

DAR File No.: 30566
Filed: 10/09/2007, 01:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the amendment is to allow participants in the Supported Employment Program to receive Service Brokering in addition to supported employment services.

Summary of the rule or change:

A person who participates in the Supported Employment Pilot Program may have needs beyond the supported employment program services. Service brokering may help persons find additional related services that will assist them in being successful in the supported employment program.

State statutory or constitutional authorization for this rule:

Section 62A-5-103.1

Anticipated cost or savings to:

the state budget:

The impact of this rule will not affect the division budget or the budget of any other state agency. The addition of service brokering will assure that the persons participating will have a greater possibility for success in gaining and keeping employment.

local governments:

Local governments are not involved in providing these types of services and there will be no cost or savings as a result of this rule.

small businesses and persons other than businesses:

Service brokering agencies are small businesses and will be providing this service under contract with the department. This changes will not affect their cost or savings, but will provide additional business to these agencies.

Compliance costs for affected persons:

There are no compliance costs for affected persons. There are no costs related to getting or maintaining a job secured through the supported employment program. There are no costs to apply for the program or remain on the program. It is possible that a person who was not found eligible for the program could incur legal expenses if pursuing an administrative hearing.

Comments by the department head on the fiscal impact the rule may have on businesses:

Service brokering services are provided by small private businesses to persons who meet eligibility standards for the pilot program. Services will be provided under contract with the Department. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Services for People with Disabilities
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Steven Bradford at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

George Kelner, Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-9. Supported Employment Pilot Program.

R539-9-2. Definitions.

(1) Terms used in this rule are defined in Section 62A-5-101, and

(2) "Supported Employment" means "competitive work" in integrated work settings or employment in "integrated work" settings where individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals, for individuals with the most significant disabilities.

(3) "Competitive Work" means employment in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(4) "Integrated Work" means job sites where most employees are not disabled, where a client interacts on a regular basis, in the performance of job duties, with employees who are not disabled. If a client is part of a distinct work group of only individuals with disabilities, the work group should consist of no more than eight individuals.

(5) "Extended Services" means on-going support services and other appropriate services, needed to support and maintain an individual with a most significant disability in employment. They are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining supported employment. Extended services are based on a determination of the needs of an eligible individual. Extended services may include natural supports, such as volunteers, family members, co-workers, employer, supervisors, students, and Plan for Achieving Self Support[PASS] or Impairment Related Work Expense[IRWE].

 

R539-9-3. Eligibility.

(1) A Person who meets the eligibility requirements listed in Section 62A-5-103.1 may participate in the supported employment pilot program provided that:

(2) the Person agrees to enter services under the conditions listed in Section 62A-5-103.1,

(3) the Person agrees not to use any other Home and Community Based Medicaid Waiver service operated by the Division while participating in the Supported Employment Pilot, (but may use Service Brokering services, if appropriate),

(4) if the person has a Medicaid Card the person may continue to access State Plan, E-Pass and other Medicaid services operated separately from the Division during participation in the pilot,

(5) the person agrees to move off the immediate needs waiting list for supported employment,

(6) the person is found eligible for Division of Rehabilitation Services, Supported Employment funding,

(7) the person agrees to use an approved provider,

(8) the person signs the Supported Employment Pilot Participant Agreement and agrees to follow through with instructions from rehabilitation counselors, services for people with disabilities support coordinators and service brokers and private provider staff,

(9) the person has an Office of Education, Rehabilitation Services, Referral and Services Report form 58 completed, signed by a rehabilitation counselor and a support coordinator,

(10) the person agrees that the person's need for extended supported employment services will be met solely by the provision of supported employment services for the duration of the pilot program, and

(11) the person agrees to provide information needed by the person's employer to obtain the tax incentive through 26 U.S. Code 44[P.L. 104-188], Federal Welfare to Work, Internal Revenue Service, IRS Form 8850 or Section 59-7-608 or Credit for Employers Who Hire Persons with Disabilities, Form TC-40HD.

 

KEY: disabilities, supported employment

Date of Enactment or Last Substantive Amendment: [August 7, ]2007

Authorizing, and Implemented or Interpreted Law: 62A-5-103.1