No. 40592 (New Rule): Rule R993-200. Order of Selection

(New Rule)

DAR File No.: 40592
Filed: 07/07/2016 05:31:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to comply with H.B. 325 which was passed during the 2016 General Session of the legislature, and which moved the Utah State Office of Rehabilitation (USOR) to the Department of Workforce Services (DWS).

Summary of the rule or change:

Federal law requires USOR to provide for an order of selection in the event there is insufficient funding to serve to all eligible individuals. This proposed rule merely moves these provisions, with some unsubstantial changes, from the USOR rules that were under Education to DWS. This proposed rule explains how resources will be allocated.

Statutory or constitutional authorization for this rule:

• Subsection 35A-1-104(4)
• Pub. L. No. 102-569
• Section 35A-13-102
• Section 35A-1-104

Anticipated cost or savings to:

the state budget:

This program is primarily funded by the federal government, and while there is state money, there are no costs or savings to the state budget from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs incurred are already included in the USOR budget.

local governments:

This program is funded by state and federal government. There are no costs or savings to any local government from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs for this program are already included in the USOR budget.

small businesses:

This program is funded by state and federal government. There are no costs or savings to any small businesses from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs are already included in the USOR budget. There are no compliance costs associated with this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings for persons other than small businesses, businesses, or local government entities as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016).

Compliance costs for affected persons:

There are no compliance costs for any affected person as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016).

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

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate.

Jon Pierpont, Executive Director

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

Workforce Services
Rehabilitation
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, 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:

08/31/2016

This rule may become effective on:

09/07/2016

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

R993. Workforce Services, Rehabilitation.

R993-200. Order of Selection.

R993-200-201. Definitions.

The following definitions apply to terms used in this rule:

(1) Multiple Services or Multiple Vocational Rehabilitation services means three or more services as listed in 29 CFR 723 and in this rule.

(2) Extended Period of Time means the estimated length of time services are to be provided is six months or more.

 

R993-200-202. Determining Need for and Order of Selection.

(1) An order of selection will be used in the event the division lacks the resources to provide all eligible individuals with services necessary to obtain, retain, or engage in employment. In that event, the order of selection for services will be provided based on the significance of disability. The order of selection will provide services to eligible individuals with the most significant disability first, followed by eligible individuals with significant disabilities, and finally, eligible individuals with disabilities that are not-significant.

(2) Significance of disability is determined by a qualified vocational rehabilitation counselor (QVRC) at the time the eligibility determination is made. The determination will be based on medical, psychological, and other diagnostic documentation and a clinical assessment by the QVRC The QVRC may use, but is not bound by, determinations made by other state or federal agencies.

 

R993-200-203. Individuals with the Most Significant Disability.

(1) Individuals who will require multiple vocational rehabilitation services over an extended period of time and who exhibit functional deficits in two or more of the following areas are considered to have the most significant disabilities:

(a) mobility;

(b) communication;

(c) self-care which is defined as the inability to perform normal activities of daily living without assistance;

(d) self-direction which is defined as the inability to provide informed consent for life issues without the assistance of a court-appointed legal representative or guardian, or has been declared legally incompetent;

(e) inter-personal skills;

(f) work tolerance;

(g) work skills.

(2) Functional deficits are further defined in policy.

 

R993-200-204. Individuals with Significant Disability.

An individual with a significant disability can be classified in any one of the following three categories at any time while he or she is in the vocational rehabilitation process:

(1) An individual;

(a) who has a severe physical or mental impairment or disability or combination of disabilities, as provided in policy, that is determined to cause substantial functional limitation. which seriously limits one or more functional capacities listed in Rule R993-200-203 in terms of an employment outcome; and

(b) whose vocational rehabilitation is expected to require multiple services over an extended period of time.

(2) A recipient of a Social Security Disability Insurance benefits (SSDI) who requires multiple vocational rehabilitation services over an extended period of time.

(3) A recipient of a Supplemental Security Income (SSI) payment by reason of blindness or disability who requires multiple vocational rehabilitation services over an extended period of time. Individuals who have been determined eligible for SSI/SSDI disability benefits by the Social Security Administration are considered to be at least Significantly Disabled.

 

R993-200-205. Individuals with Disabilities.

An individual with a disability means an individual who:

(1) has a physical or mental impairment which for that individual constitutes or results in a substantial impediment to employment;

(2) can benefit in terms of an employment outcome from receiving vocational rehabilitation services; and

(3) requires vocational rehabilitation services to prepare for, enter, engage in or retain gainful employment.

 

R993-200-206. Restrictions on Establishing Priorities.

The following factors cannot be used as criteria for establishing selection priorities:

(1) type of disability;

(2) age, sex, race, color, creed, or national origin;

(3) vocational expectation;

(4) income level;

(5) duration of residency;

(6) source of referral or cooperative agreements with other agencies/programs; or

(7) cost of services or availability of comparable services and benefits.

 

KEY: disabled persons, rehabilitation

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: Pub. L. No. 102-569; 35A-13-102; 35A-1-104; 35A-1-104(4)

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