No. 28715: R539-9. Supported Employment Pilot Program

DAR File No.: 28715
Filed: 05/05/2006, 01:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed emergency rule is to establish procedures and standards to determine eligibility for the pilot program to provide supported employment for Persons on the Division's waiting list.

 

Summary of the rule or change:

This rule establishes the Supported Employment Pilot Program within the Division of Services for People with Disabilities and establishes eligibility standards for Persons who apply for participation.

 

State statutory or constitutional authorization for this rule:

Section 62A-5-103.1

 

Anticipated cost or savings to:

the state budget:

The Supported Employment Pilot Program will be administered within the $150,000 appropriation for this program and does not create an entitlement related to a Medicaid Waiver.

 

local governments:

The Division has evaluated all local government agencies as they relate to employment services for persons with disabilities. The Supported Employment Pilot Program does not impact cost or savings to local governments. This program involves the Division and the persons who directly receive services. No agency of any local government provides support, or financial assistance to the persons eligible for this program.

 

other persons:

The Division has reviewed all possible other persons as they relate to employment services for persons with disabilities. The Supported Employment Pilot Program does not impact cost or savings for other persons. No other person provides support, or financial assistance to the persons eligible for this program.

 

Compliance costs for affected persons:

There will be no compliance costs for affected persons. Affected persons are assisted by Division staff to apply for the services and if eligible for the program, are provided services. There are no costs to apply for the services or to receive services or to comply with the eligibility requirements for the services.

 

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

Supported Employment services are provided by private businesses to Persons who meet the eligibility standards for the pilot program. Services will be provided by businesses under contract with the Department of Humans Services, Division of Services for People with Disabilities. Lisa-Michele Church, Executive Director

 

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

The Supported Employment Pilot Program was created by H.B. 31 in the 2006 Legislative Session and is time-limited to two years. The program is effective 07/01/2006. It is necessary to have the rule in place on 05/05/2006, in order to evaluate prospective participants for the project and determine their eligibility by the 07/01/2006 starting date of the project. The Legislature has asked for an interim report in 2007 to evaluate the effectiveness of the pilot project and determine if it should be converted to an ongoing program within the Division. In order to adequately comply with this reporting requirement, the Division must operate the pilot project from the effective date of the statute and report on the pilot project with enough participation and evaluation to make a meaningful report to the Legislature in 2007. (DAR NOTE: H.B. 31 (2006) is found at Chapter 133, Laws of Utah 2006, and was effective 05/01/2006.)

 

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]

 

This rule is effective on:

05/05/2006

 

Authorized by:

George Kelner, Director

 

 

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-9. Supported Employment Pilot Program.

R539-9-1. Purpose and Authority.

(1) The purpose of this rule is to provide:

(a) procedures and standards for the determination of eligibility for the Division's pilot program to provide supported employment services for Persons on the Division's Waiting List as specified in R539-2-4.

(2) This rule is authorized by Section 62A-5-103.1.

 

R539-9-2. Definitions.

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

(2) "T score" means a standardized score used to determine a person's priority on the waiting list.

(3) "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.

(4) "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.

(5) "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 consists of no more than eight individuals.

(6) "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 PASS or 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 is found eligible for Division of Rehabilitation Services, Supported Employment funding,

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

(5) the person agrees to follow through with instructions from rehabilitation counselors, services for people with disabilities support coordinators and service brokers and private provider staff,

(6) 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,

(7) the person agrees that the person's need for extended services will be met solely by the provision of supported employment services,

(8) the person will provide a tax incentive for any business who hires the person through P.L. 104-188, Federal Welfare to Work, Internal Revenue Service, IRS Form 8850 or Utah Code Annotated Section 59-10-109, Credit for Employers Who Hire Persons with Disabilities, Form TC-40HD, and

(9) the person has a T score less than 50.

 

R539-9-4. Priority.

(1) First priority will be given to Persons on the waiting list for supported employment services and no other services who have T scores below 50 and who currently receive Division of Rehabilitation funding.

(2) Second priority will be given to Persons on the waiting list for supported employment services and no other services who have T scores below 50.

(3) Third priority will be given to persons who currently receive Division of Rehabilitation services who are referred to the Division of Services for People with Disabilities using form 58 and found eligible for supported employment under the pilot.

(4) Fourth priority will be given to students who are transitioning from high school who have received vocational training as part of the school curriculum and who meet general eligibility requirements for both Division of Rehabilitation and Division of Services for People with Disabilities and are found to be eligible for supported employment under the pilot program.

 

KEY: disability, supported employment

Date of Enactment or Last Substantive Amendment: May 5, 2006

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