Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-081.

Title of Rule: New chapter 388-890 WAC, Rehabilitation services for individuals with disabilities, will replace the following rules which are being repealed: Repealing WAC 490-500-005 Definitions, 490-500-010 Application for services, 490-500-015 Initial interview, 490-500-022 Assessment for determining eligibility and vocational rehabilitation needs, 490-500-025 Eligibility for services, 490-500-030 Eligibility for services--Criteria, 490-500-050 Certification for decision of eligibility or ineligibility, 490-500-055 Notice to applicant, 490-500-065 Ineligibility--Review required, 490-500-070 Extended evaluation, 490-500-080 Extended evaluation--Plan, 490-500-170 Criteria for order of selection, 490-500-180 Economic need, 490-500-185 Economic need--Financial statement required, 490-500-190 Economic need--Standards for determining, 490-500-200 Economic need--Notification of decision, 490-500-205 Comprehensive assessment, 490-500-257 Individualized, written rehabilitation plan, 490-500-260 Individualized, written rehabilitation plan--Content, 490-500-270 Individualized, written rehabilitation plan--Participation, 490-500-275 Individualized, written rehabilitation plan--Review, 490-500-300 Vocational rehabilitation--Employment outcome, 490-500-325 Comparable services and benefits available from other agencies, 490-500-350 Vocational rehabilitation services, 490-500-380 Vocational rehabilitation services--Counseling, guidance, and work-related placement services, 490-500-385 Vocational rehabilitation services--Physical and mental restoration, 490-500-389 Vocational rehabilitation services--Telecommunications, sensory, and other technological aids and devices, 490-500-390 Vocational rehabilitation services--Training, 490-500-418 Vocational rehabilitation services--Rehabilitation assistive technology services, 490-500-420 Vocational rehabilitation services--Additional living expenses, 490-500-430 Vocational rehabilitation services--Occupational licenses, tools, equipment, and initial stocks and supplies, 490-500-435 Vocational rehabilitation services--Transportation, 490-500-437 Vocational rehabilitation services--Interpreter services and reader services, 490-500-445 Vocational rehabilitation services--Services to family members, 490-500-450 Vocational rehabilitation services--Other goods and services, 490-500-455 Vocational rehabilitation services--Post employment services, 490-500-460 Vocational rehabilitation services--Information and referral services, 490-500-465 Vocational rehabilitation services--Recruitment and training services, 490-500-470 Vocational rehabilitation services--Transition services, 490-500-475 Vocational rehabilitation services--Supported employment, 490-500-477 Vocational rehabilitation services--Independent living services, 490-500-480 Vocational rehabilitation services--On-the-job or other related personal assistance, 490-500-485 Vocational rehabilitation services--Services to groups, 490-500-500 Purchase of services, 490-500-505 Purchase of services--Selection criteria--Schools or training organizations, 490-500-510 Purchase of services--Selection criteria--On-the-job training, 490-500-525 Termination of services under an individualized, written rehabilitation plan--Ineligible, 490-500-530 Termination of services under an individualized, written rehabilitation plan--For reasons other than ineligibility, 490-500-542 Termination of services under an individualized written rehabilitation plan--Rehabilitated, 490-500-545 Notification of termination, 490-500-555 Confidential information--Disclosure, 490-500-560 Administrative review, 490-500-580 Fair hearing--Adjudicative proceeding, 490-500-590 Client records, 490-500-600 Independent living program, 490-500-605 Independent living program--Eligibility/ineligibility, 490-500-615 Independent living program--Economic need and comparable services and benefits, 490-500-620 Independent living program--Written independent living plan, 490-500-622 Independent living program--Independent living services, 490-500-625 Independent living program--Termination, 490-500-627 Independent living program--Client records, 490-500-630 Statewide independent living council, and 490-500-635 State rehabilitation advisory council.

Purpose: To repeal old rehabilitation rules and adopt new rules to comply with the Rehabilitation Act of 1973 as amended in August, 1998 including the following Titles: I Vocational Rehabilitation Services; VI Employment Opportunities for Individuals with Disabilities; and VII Independent Living Services and Centers for Independent Living. These rules have been written to comply with the Governor's Executive Order 97-02, Regulatory Improvement.

Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.

Statute Being Implemented: Chapter 74.29 RCW, Rehabilitation Act of 1973 as amended in August 1998.

Summary: The rules inform the public what rehabilitation services and/or benefits are provided by the Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits.

Reasons Supporting Proposal: To comply with Rehabilitation Act of 1973 as amended in August 1998 and the Governor's Executive Order 97-02, Regulatory Improvement.

Name of Agency Personnel Responsible for Drafting: Phyllis Hansen, Kelly Boston, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8047, (360) 438-8000 V/TTY; Implementation and Enforcement: Don Kay, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8015.

Name of Proponent: Department of Social and Health Services, Division of Vocational Rehabilitation, governmental.

Rule is necessary because of federal law, Rehabilitation Act of 1973 as amended in August 1998.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules inform the public what rehabilitation services and/or benefits are provided by the Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits. Major areas covered include: Informed choice; application and eligibility; vocational rehabilitation program; supported employment program; independent living program; participant rights to appeal; confidentiality; access to DVR services for limited English speaking people; order of selection; and vocational rehabilitation services for groups of individuals with disabilities.

The rules are intended to increase the rights and responsibilities of DVR applicants and eligible individuals with disabilities, support full partnership between service participants and DVR, and support DVR's mission to help people with disabilities go to work. The new rules are organized for ease in use and simplified for clear understanding.

Proposal Changes the Following Existing Rules: DVR is repealing the old program rules in chapter 490-500 WAC and replacing them with new easier to read rules in new chapter 388-890 WAC. Major content changes include adding and changing definitions, adding options for applicants and eligible individuals to make informed choices, changing elements of eligibility, extending the period of time to close a case service record after a participant becomes employed, changing from an individualized written rehabilitation plan to an individualized plan for employment, changes to the appeals process, changes to the use of comparable services and benefits, and changes to economic need and financial participation.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not regulate any businesses. The proposed rules regulate DVR in the provision of rehabilitation services and anyone interested in receiving rehabilitation services from DVR.

RCW 34.05.328 applies to this rule adoption. The rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been prepared. To obtain a copy, contact Phyllis Hansen or Kelly Boston, DVR Program Administrators, P.O. Box 45340, Olympia, WA 98504-5340, phone (360) 438-8000 V/TTY, (Phyllis) e-mail hansepa@dshs.wa.gov, (Kelly) e-mail bostok@dshs.wa.gov.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 27, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by July 16, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by July 27, 1999.

Date of Intended Adoption: August 27, 1999.

May 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

This chapter explains the types of vocational rehabilitation services (referred to as "VR services" in this chapter) and independent living (IL) services available to individuals who are eligible through the department of social and health services (DSHS), division of vocational rehabilitation (DVR).

VR services are offered to assist individuals with disabilities to prepare for, get and keep jobs that are consistent with their abilities, capabilities, and interests. This chapter is consistent with the laws included under the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1998 and codified in 34 Code of Federal Regulations, Parts 361, 363 and 364.

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Client assistance program is a program that offers free advice and information about your rights when you are receiving services from DVR.

DSHS means the Washington state department of social and health services.

DVR means the DSHS division of vocational rehabilitation.

IL counselor means an independent living counselor employed by the DSHS division of vocational rehabilitation.

Impediment to employment means the physical or mental limitations resulting from a disability that hinder your ability to prepare for a job, find a job, or keep a job that matches your abilities and potential.

Integrated setting:

(1) for the purpose of receiving services, means a setting commonly found in the community where you would interact with nondisabled people, other than people who are providing VR services to you.

(2) for the purpose of employment, means a setting commonly found in the community in which you interact with nondisabled people to the same extent that a nondisabled person in the same type of job interacts with others.

VR counselor means a vocational rehabilitation counselor employed by the DSHS division of vocational rehabilitation.

You, as used in this chapter, includes your representative or guardian, if a representative or guardian is acting on your behalf or assisting you to make informed decisions about VR or IL program services.

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Informed choice is a way to make decisions by comparing the meaningful options available to you and choosing one that matches your strengths, needs, capabilities and interests.

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DVR supports the informed choice process by:

(1) Helping you understand the options available to you;

(2) Sharing information to help you make decisions that match your strengths, needs, capabilities, and interests; and

(3) Discussing the information provided and offering advice.

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(1) You have the right to make informed choices throughout the rehabilitation process.

(2) Your informed choices include, but are not limited to:

(a) Your employment goal;

(b) VR services you need to reach your employment goal;

(c) Service provider(s) for each VR service;

(d) Whether to get services in an integrated or nonintegrated setting.

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DVR explains to you how to make informed choices in the vocational rehabilitation process, including:

(1) Any conditions that limit your choices; and

(2) Support and assistance if the type of disability you have makes it difficult for you to understand and use informed choice to make decisions.

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You are eligible for VR services if you meet all of the following conditions:

(1) You have a physical, mental, or sensory limitation resulting from a disability that hinders your ability to prepare for, get, or keep a job that matches your abilities and potential;

(2) You intend to and can work after receiving VR services; and

(3) You require VR services to prepare for, get or keep a job.

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(1) In making an eligibility decision, DVR presumes that VR services will enable you to work, unless, because of the significance of your disability, a VR counselor cannot make such a presumption.

(2) If a VR counselor cannot presume that VR services will enable you to work because of the significance of your disability, you may complete a trial work experience as outlined under WAC 388-890-670 through WAC 388-890-705 before an eligibility decision is made.

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(1) If you are eligible for disability benefits under Title II or Title XVI of the Social Security Act and intend to work, DVR presumes that you are eligible, unless, because of the significance of your disability, a VR counselor cannot presume that VR services will enable you to work.

(2) If it cannot be presumed that VR services will enable you to work because of the significance of your disability, you may complete a trial work experience as outlined in WAC 388-890-670 through WAC 388-890-705.

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DVR does not base an eligibility decision on your:

(1) Type of disability;

(2) Age, gender, race, color, creed, national origin, or sexual orientation;

(3) Rehabilitation needs;

(4) Cost of services; or

(5) Income level.

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(1) To determine whether you are eligible for VR services, a VR counselor reviews existing, current records about your disability.

(2) Information may be provided to DVR by you, your family, or other service providers who have information about your disability, such as your doctor, schools you attended, or the Social Security Administration.

(3) If existing information does not verify whether you are eligible, DVR explains what additional information is needed and the options for getting the information.

(4) DVR provides or pays for any medical evaluations, tests, or other services needed to document that you are eligible for VR services.

(5) When enough information is available, a VR counselor reviews the information and makes an eligibility decision.

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DVR makes an eligibility decision as soon as enough information is available, but no longer than sixty days after you complete the application requirements under WAC 388-890-105.

(1) If DVR does not have enough information to determine your eligibility within sixty days, you and a VR counselor must:

(a) Discuss the reason for the delay and whether other methods to get the information are needed;

(b) Extend the eligibility period, if you agree; or

(c) Begin a trial work experience as outlined under WAC 388-890-670 through 388-890-705.

(2) If you do not agree to extend the eligibility determination period, DVR must close your case service record.

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(1) Before making a decision that you are not eligible for VR services, a VR counselor consults with you and gives you an opportunity to discuss the decision.

(2) DVR sends you a notice of ineligibility in writing, or using another method of communication, if needed. The written notice includes:

(a) An explanation of the reasons you are not eligible;

(b) Your rights to appeal the decision as outlined under WAC 388-890-1180.

(c) An explanation of the services available from the client assistance program as outlined in WAC 388-890-1185.

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If DVR determines that you are not eligible for VR services, DVR provides you with information and refers you to other agencies or organizations that may provide services to meet your needs.

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Any individual has the right to apply for VR services, including individuals who:

(1) Applied before, were determined eligible and received VR services; or

(2) Were previously determined ineligible or were denied VR services for other reasons.

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DVR serves individuals who are not United States citizens.

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If you apply for VR services, you must provide copies of legal documents requested by DVR that verify your identity and that verify you can legally work in the United States before DVR can offer you VR services.

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(1) The state in which you live has the primary responsibility to provide VR services to you.

(2) You may receive services from DVR if you are present or intend to be present in Washington in a way that you would be counted for census purposes, including but not limited to:

(a) You pay income taxes,

(b) You maintain a home, or

(c) You are registered to vote.

(3) To receive IL program services, you must be able to receive the services at a DVR office where IL program services are offered.

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Under an interagency agreement with DSHS, the department of services for the blind provides vocational rehabilitation services to individuals if blindness or a visual impairment results in an impediment to employment.

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DVR serves eligible Native Americans, including Native Americans who belong to an Indian tribe. If you live on an Indian reservation that operates a vocational rehabilitation program, you may apply for VR services from the tribe or from DVR.

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To complete the application process:

(1) Sign an application form provided by DVR or provide a written request that includes the following information:

(a) Your name and address;

(b) The nature of your disability;

(c) Your age and sex;

(d) The date of application; and

(e) Your social security number.

(2) Meet with a DVR representative to:

(a) Learn about VR services and processes; and

(b) Provide information needed to begin an assessment of your eligibility and VR service needs.

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(1) DVR provides individual VR services under the following general conditions.

(a) The services are needed to:

(i) Get and keep a job or advance in employment;

(ii) Determine your eligibility for services;

(iii) Identify your vocational rehabilitation needs; or

(iv) Develop or complete your individual plan for employment (IPE).

(b) You have an open case service record and DVR authorizes the services before the services begin;

(c) The services are provided directly by a VR counselor or purchased by DVR from a service provider who meets local, state and/or national standards required to practice in the field and/or do business in the state;

(d) The services are provided in accordance with payment for services requirements under WAC 490-690-1100 through 490-690-1175; and

(e) The services are consistent with your informed choice, including whether to receive services in an integrated or nonintegrated setting.

(2) Unique or additional conditions that apply to a specific service are outlined under WAC 388-890-150 to 388-890-450.

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You or a VR Counselor may request an exception to any rule or condition relating to VR services in this chapter if the exception is needed to:

(1) Complete an assessment to determine eligibility;

(2) Identify the VR services you need; or

(3) Achieve your employment goal.

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(1) A request for exception to a rule or condition in this chapter is submitted to the regional administrator in writing, and must include:

(a) A description of the exception being requested;

(b) The reason for the exception; and

(c) The duration of the exception, if applicable.

(2) An exception requesting a medical service that is otherwise not provided by DVR may only be requested on a trial basis or for a short duration to be specified in the request.

(3) After getting your request for an exception, the regional administrator considers:

(a) The impact of the exception on accountability, efficiency, choice, satisfaction, and quality of services;

(b) The degree to which your request varies from the rule or condition; and

(c) Whether the rule or condition is a federal rule or regulation that cannot be waived.

(4) The regional administrator responds to the request for an exception within ten working days of receipt of the request.

(a) If the request is approved, the regional administrator will provide a written approval that includes:

(i) The specific WAC for which an exception is approved;

(ii) Any conditions of approval;

(iii) Duration of the exception.

(b) If the request is denied, the regional administrator will provide a written explanation of the reasons for the denial.

(5) If the regional administrator makes a decision that you do not agree with, you have the right to appeal the decision as outlined under WAC 388-890-1180.

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(1) DVR pays for services at the level required to meet your needs at the lowest cost possible.

(2) You may select the following service providers without regard to the fees charged:

(a) Assistive technology service providers;

(b) Community rehabilitation program service providers; and

(c) Independent living service providers.

(3) If you and a VR Counselor cannot agree on the type or level of services you need, you may ask for a review of the decision as outlined under WAC 388-890-1180.

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(1) You may select another person as your representative during the VR or IL program.

(2) If you have a legal guardian or a court-appointed representative, he or she must act as your representative.

(a) A legal guardian or court-appointed representative must provide DVR with documentation of guardianship.

(b) Your legal guardian or court-appointed representative must sign the application and other documents that require your signature.

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Individual VR services are services provided to you to meet your specific needs to prepare for, get, and keep a job, or to advance in employment if you are working. Individual vocational rehabilitation services include services listed in WAC 388-890-145.

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DVR explains how the different individual VR services are used and gives you the information and support you need to make decisions about the services you need.

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The following individual VR services are available from DVR:

(1) Assessment services;

(2) Assistive technology devices;

(3) Assistive technology services;

(4) Counseling and guidance services;

(5) Independent living services;

(6) Interpreter services;

(7) Job placement and job retention services;

(8) Maintenance services;

(9) Occupational licenses;

(10) Other goods and services;

(11) Personal assistance services;

(12) Physical and mental restoration services;

(13) Post-employment services;

(14) Reader services;

(15) Referral services;

(16) Rehabilitation engineering services;

(17) Self-employment services;

(18) Services to family members;

(19) Supported employment services;

(20) Tools, equipment, initial stocks, and supplies;

(21) Training services;

(22) Transition services;

(23) Transportation services.

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(1) Assessment services are used to collect information about your:

(a) Disability and how it keeps you from working;

(b) Strengths;

(c) Resources;

(d) Priorities;

(e) Concerns,

(f) Abilities;

(g) Capabilities;

(h) Interests; and

(i) Needs, including your need for supported employment.

(2) Assessment services include the individual VR services listed under WAC 388-890-145.

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If enough information is not available to determine whether you are eligible for VR services:

(1) DVR decides what assessment services are needed; and

(2) You use informed choice to choose service providers for assessment services you need.

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If you need assessment services to determine your vocational rehabilitation needs or to develop your individualized plan for employment (IPE), you use informed choice to select the:

(1) Assessment services; and

(2) Service providers.

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No assessment services are needed if the information you already have is complete and current enough:

(1) For a VR counselor to make a decision about your eligibility; and

(2) To help you make decisions about your vocational rehabilitation needs and the VR services you need on your IPE.

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You may give information needed for an assessment directly to DVR or you may give written consent to DVR to get the information from other sources including, but not limited to:

(1) Doctors or other medical service providers;

(2) Community programs or organizations that have provided services to you; and

(3) Schools you attended.

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An assistive technology device is any item, piece of equipment or product, either commercially available or custom-designed that is used to increase, maintain or improve your functional capacities. Assistive technology devices include, but are not limited to:

(1) Telecommunications devices;

(2) Sensory aids and devices including hearing aids, telephone amplifiers and other hearing devices, captioned videos, taped text;

(3) Eyeglasses, contact lenses, microscopic lenses, Brailled and large print materials; electronic formats; graphics and other special visual aids;

(4) Simple language materials;

(5) Vehicle modifications;

(6) Computer and computer-related hardware and software; and

(7) Other technological aids and devices.

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(1) DVR provides assistive technology devices to you under conditions specified in WAC 388-890-110;

(2) DVR issues assistive technology devices to you under conditions specified in WAC 388-890-455 through 388-890-480.

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DVR provides vehicle modifications to you under conditions specified in WAC 388-890-110, and:

(1) If a used vehicle is to be modified, an inspection from a certified or journey level auto mechanic must be performed and documented to ensure the vehicle is in good condition and capable of being modified;

(2) You, your spouse, or other family member is the registered and/or legal owner of the vehicle;

(3) You agree to pay for and have driver insurance and vehicle insurance adequate to cover the cost of replacement for loss or damage at the time of modification;

(4) A specialist in evaluation and modification of vehicles for individuals with disabilities prescribes and inspects the modification, except prescriptions are not required for:

(a) Placement of a wheelchair lift, ramp, or scooter lift and tie downs for passenger access only;

(b) Replacement of hand controls;

(c) Wheelchair carriers; and

(d) Other minor driving aids.

(5) If you operate the vehicle:

(a) Your disability must be stable or slowly progressive and not likely to impair your driving ability in the future;

(b) You agree to pay for and have a current driver's license and vehicle license with required endorsements;

(c) Following modification, you are adequately trained to operate the vehicle as modified; and

(d) You demonstrate that you can safely operate the vehicle as modified.

(6) If someone else operates the vehicle for you, you agree to pay for and have a current vehicle license with required endorsements.

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Assistive technology services help you to select, get or use an assistive technology device. Assistive technology services include, but are not limited to services that:

(1) Evaluate your needs and how you perform activities in your daily environment;

(2) Select, design, fit, customize, adapt, apply, maintain, repair, or replace an assistive technology device;

(3) Coordinate and use other therapies or services which have assistive technology devices such as existing education and rehabilitation plans and programs;

(4) Train or give technical assistance on the use of assistive technology to you or your family members, guardians, advocates or authorized representatives; and

(5) Train or give technical assistance to professionals, employers, or others who provide services to you, hire you, or are involved in your major life activities if they need training on the use of assistive technology to help you get or keep a job.

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DVR provides assistive technology services under the conditions outlined in WAC 388-890-110.

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Counseling and guidance services are information and support services provided by a VR counselor to assist you to make informed decisions about your VR services. Counseling and guidance services include, but are not limited to:

(1) Explaining your responsibilities in a VR program;

(2) Explaining the nature and scope of VR services;

(3) Explaining the use of services and resources available from other programs as comparable services and benefits;

(4) Explaining information about your strengths, resources, priorities, interests, and rehabilitation needs;

(5) Explaining your opportunities to make informed choices;

(6) Helping you collect and understand information needed to decide on a employment goal;

(7) Providing you information and support to decide which services and activities you need to reach your employment goal;

(8) Providing support and information to you and someone you choose to develop all or part of your individualized plan for employment;

(9) Explaining how to use services to reach your employment goal;

(10) Providing you support and advice when issues arise during your VR program that relate to health, family, finances, interpersonal relationships, appearance, and other issues that could impact your vocational rehabilitation; and

(11) Providing information and support, with your permission, to employers, family members, relatives or others to help you get or keep a job.

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A VR counselor provides counseling and guidance services as needed throughout the rehabilitation process.

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Independent living services help you deal with life issues that may prevent you from getting and keeping a job. Independent living services include, but are not limited to:

(1) An evaluation to help you find out about the:

(a) Issues in your life that may present problems for you in vocational rehabilitation and in work;

(b) Ways to deal with life issues that present problems for you; and

(c) Services you need to help you deal with the issues.

(2) Self-advocacy to help you find out about and manage the services you need to live independently and to help you find out about benefit rights and responsibilities;

(3) Independent living counseling to help you set personal goals, learn how to make decisions that relate to life issues and employment and to help your family with issues related to your disability and independence;

(4) Independent living skills training to help you get skills to manage and balance your life in areas including, but not limited to budgeting, meal preparation and nutrition, shopping, hygiene, time management, recreation, necessary community resources, and attendant management; and

(5) Living arrangement counseling, including helping you to:

(a) Find out about housing resources and the qualifications for applying for housing;

(b) Make decisions about the living arrangements you want and need; and

(c) Make decisions about changing to a more independent living arrangement.

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DVR provides independent living services under the conditions outlined in WAC 388-890-110 and DVR does not pay your family members to provide independent living services.

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Interpreter services are services to assist deaf, deaf-blind, and hard of hearing individuals who use sign language or another form of communication to express and receive information with other individuals who use speech and hearing to communicate. An example of interpreter services is the use of an interpreter by a deaf person who communicates in American Sign Language to express and receive information with a person who speaks English. Interpreter services include:

(1) Oral interpreting, in which the interpreter mouths (without voice) what the speaker says, using some natural facial expressions.

(2) Sign interpreting, in which the interpreter signs what the speaker says.

(3) Tactile interpreting, in which a hands-on interpreting method is used with people who are deaf-blind. The interpreter communicates what the speaker says by signing and/or fingerspelling into the hands of the deaf-blind person.

(4) Voice interpreting, in which the interpreter speaks what a deaf person is mouthing or signing.

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DVR provides interpreter services under the conditions outlined in WAC 388-890-110.

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Job placement and job retention services help you get or keep a job that meets your employment goal.

(1) Job placement includes job search to help you look for and find a job.

(2) Job retention includes follow-up and follow-along services to help you keep a job once you are working.

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DVR provides job placement and job retention services to you under the conditions listed in WAC 388-890-110, and:

(1) A VR counselor provides job placement services to help you conduct a self-directed job search; or

(2) DVR purchases job placement services only if:

(a) You and your VR counselor agree that you are unable to conduct a self-directed job search because of the significance of your disability; or

(b) You have tried to conduct a self-directed job search without success.

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Maintenance services include financial assistance for food, shelter, and/or clothing expenses that occur in excess of your usual living expenses in order for you to participate in another VR service. The following examples include, but are not limited to, the ways maintenance may be used:

(1) A uniform or other suitable clothing required to look for or get a job;

(2) Short-term lodging and meals required to participate in assessment or training services not within commuting distance of your home;

(3) A security deposit or utility hook-ups on housing you need to relocate for a job.

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DVR provides maintenance services under the conditions in WAC 388-890-110, and if you and your VR counselor agree that you need maintenance services to participate in another VR service.

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Occupational licenses are licenses, permits or certificates showing you meet certain standards or have accomplished certain achievements and/or have paid dues, fees or otherwise qualify to engage in a business, a specific occupation or trade, or other work related activity.

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DVR pays fees for occupational licenses under the conditions listed in WAC 388-890-110 and if you meet the requirements to hold the occupational license as established by the licenser.

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DVR provides other miscellaneous goods and services to meet your specific needs for vocational rehabilitation and employment.

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(1) DVR provides other goods and services to you under conditions specified in WAC 388-890-110.

(2) DVR issues other goods and services to you as outlined under WAC 388-890-455 through 388-890-480.

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Personal assistance services increase your ability to perform daily living activities on or off the job to help you get or keep a job. Personal assistance services include, but are not limited to, bathing, dressing, cooking, eating, and helping you move around.

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DVR provides personal assistance services under the conditions listed in WAC 388-890-110, and:

(1) If needed to help you participate in another VR service;

(2) Your family members cannot be paid to provide personal assistance services.

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Physical and mental restoration services are used to diagnose and treat physical and mental impairments for the purposes of correcting, improving, modifying or accommodating a physical or mental condition. Physical and mental restoration services include:

(1) Cognitive rehabilitation services;

(2) Corrective surgery or therapy;

(3) Diagnosis and treatment of mental or emotional disorders by licensed individuals;

(4) Dental treatment if the treatment is directly related to an employment outcome, or in emergency situations involving pain, acute infections, or injury;

(5) Nursing services;

(6) Hospitalization, including surgery or treatment, and clinic services;

(7) Drugs and supplies;

(8) Prosthetic and orthotic devices;

(9) Visual examinations and visual training;

(10) Podiatry;

(11) Physical therapy;

(12) Occupational therapy;

(13) Speech or hearing therapy;

(14) Treatment of acute or chronic medical conditions and emergencies that occur when providing physical and mental restoration services, or that are related to the condition being treated;

(15) Special services for the treatment of end-stage renal disease, which includes dialysis, kidney transplants, artificial kidneys, and supplies; and

(16) Other medical or medically-related rehabilitation services.

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DVR provides physical and mental restoration services under the conditions in WAC 388-890-110, and if:

(1) Your disabling condition is stable or slowly progressive; and

(2) The service is expected to substantially modify, correct, or improve a physical or mental impairment that is a substantial impediment to employment for you within a reasonable length of time.

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DVR does not pay for the following medical treatments:

(1) Maintenance of your general health including, but not limited to, vitamins, in-patient hospital based weight loss programs or for-profit weight loss programs, exercise programs, health spas, swim programs and athletic fitness clubs;

(2) Facelifts, liposuction, cellulite removal;

(3) Maternity care;

(4) Hysterectomies, elective abortions, sterilization, and contraceptive services as independent procedures;

(5) Drugs not approved by the Federal Drug Administration for general use or by state law;

(6) Life support systems, services, and hospice care;

(7) Transgender services including surgery and medication management;

(8) Homeopathic and herbalist services, Christian Science practitioners or theological healers;

(9) Treatment which is experimental, obsolete, investigational, or otherwise not established as effective medical treatment.

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Post employment services are one or more of the individual vocational rehabilitation services listed in WAC 388-890-145, provided after you are working and you need additional services to help you keep, regain or advance in employment.

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Post-employment services are provided under the conditions listed in WAC 388-890-110, and if:

(1) You received VR services that helped you get a job and you were working in that job for at least ninety days when your case was closed;

(2) Your VR case service record has been closed less than three years; and

(3) The impediments to employment related to your disability have not changed to the extent that you require more than short term intervention to keep, regain, or advance in employment within the same or closely related occupation.

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Reader services help you get information from printed text if your disability impairs or prevents you from getting information from printed text. An example of reader services is the use of a person to read print materials such as job announcements and letters from possible employers to an individual with dyslexia or an individual who is blind.

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DVR provides reader services under the conditions listed in WAC 388-890-110.

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Referral services help you find and get services or benefits from other programs or agencies.

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DVR provides referral services under the conditions listed in WAC 388-890-110, and if:

(1) A VR counselor determines you are not eligible for DVR services; or

(2) You and a VR counselor identify services or benefits available to you from another agency or organization and you agree to be referred.

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Rehabilitation engineering is a type of rehabilitation technology service. Rehabilitation engineering uses engineering sciences to design, develop, adapt, test, evaluate, and implement new and unique products to help you maintain or improve your ability to move around, communicate, hear, see, and understand things.

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DVR provides rehabilitation engineering services under the conditions listed in WAC 388-890-110.

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Self-employment services include:

(1) Consultation and technical assistance to help you conduct market analyses, develop business plans, and use other resources to pursue self-employment, to telecommute or to establish a small business to become self-employed;

(2) All services required to help you in self-employment including, but not limited to:

(a) Planning,

(b) Consultation,

(c) Initial stocks and supplies,

(d) Tools,

(e) Equipment,

(f) Business licenses, and

(g) Fees.

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(1) DVR provides self-employment services under the conditions listed in WAC 388-890-110;

(2) DVR issues items for self employment under WAC 388-890-455 through 388-890-480;

(3) Before DVR supports a self-employment goal, you must complete a business plan that demonstrates that the self-employment you are considering is feasible, sustainable, and results in employment;

(4) DVR does not support hobbies or activities that do not result in an income-producing self-employment outcome.

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Services to family members are provided to a family member, guardian, or household member with whom you have a close interpersonal relationship. Services to family members include, but are not limited to:

(1) Homemaker services to prepare a family member to assist you in a program of independent living skills and to help you change to new or different methods of home management;

(2) Family or marital counseling;

(3) Information and referral services to family members as appropriate; and

(4) Child care.

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DVR provides services to family members under the conditions listed in WAC 388-890-110 and the following additional conditions for child care:

(1) DVR pays for child care regulated by department of social and health services child care licensing requirements for:

(a) Child day care centers according to WAC 388-189020;

(b) Family child day care homes according to WAC 388-155-020;

(b) School-age child care centers according to WAC 388-151-020; and

(d) In home/relative child care according to WAC 388-15-176.

(2) DVR pays for child care directly to the child care provider.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-890-0365
What are supported employment services?

See WAC 388-890-570 through 388-890-665 for supported employment program and services.

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Tools, equipment, initial stocks and supplies are materials and hardware required to carry out the duties of a job.

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(1) DVR provides tools, equipment, initial stocks and supplies under the conditions listed in WAC 388-890-110.

(2) DVR issues tools, equipment, initial stocks and supplies under WAC 388-890-455 through 388-890-480.

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Training services assist you to gain knowledge, skills and abilities needed for employment. Training services, include, but are not limited to:

(1) Training to develop work habits, work behaviors, and work skills;

(2) On-the-job training;

(3) Vocational, technical, trade or business training;

(4) Post-secondary academic training;

(5) Books, tools, fees, and other training supplies;

(6) Independent living training;

(7) Tutoring that supports another training service you are receiving; and

(8) Other types of training that strengthen your knowledge, skills and abilities.

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On-the-job training is a way to gain work skills needed for a specific job after being placed in that job. After you start a job, the employer or the employer's designee provides individualized training to teach you the skills you need to perform the job. DVR may reimburse an employer for training costs that exceed the employer's usual costs to train a new employee.

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DVR provides on-the-job training as a training service under the conditions in WAC 388-890-110 and if:

(1) An employer has hired you;

(2) The employer or employer's designee has the skills to provide the training you need to learn the job;

(3) The employer signs an agreement to include at a minimum:

(a) Training to be provided by the employer or designee;

(b) Duration or number of hours of training to be provided;

(c) How the employer will evaluate and report your progress to DVR;

(d) Employer's cost to provide the training; and

(e) Agreed-upon fee, including payment criteria.

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(1) DVR provides training services under the conditions listed in WAC 388-890-110;

(2) DVR issues devices, tools, equipment or other items used for training under WAC 388-890-455 through 388-890-480;

(3) Training at an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) is provided only after you and a VR counselor have made every effort to get and use grant funding, in whole or in part, from other sources to pay for the training;

(4) You must give DVR a copy of your grant funding award or denial form when it is available.

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You are not required to apply for a student loan to pay for training services.

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If you choose training services from a private school, an out-of-state training agency or an out-of-state college when an in-state or public program is available and adequate to meet your needs, the following conditions apply:

(1) The private school, out-of-state training agency or out-of-state college must meet DVR standards; and

(2) You are responsible for any costs related to the training in excess of what DVR would pay for the training service from a public school or in-state training agency.

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(1) Transition services are work-related activities you begin while you are in high school that are coordinated with VR services to help you prepare for and go to work in the community after you leave high school.

(2) Transition services may include any of the VR services listed under WAC 388-890-145.

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DVR provides transition services under the conditions listed in WAC 388-890-110, and if you:

(1) Are a high school student with a disability; and

(2) Will complete high school during the next twelve months.

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VR counselors work with teachers and other staff in public high schools to coordinate and provide transition services as outlined under an interagency agreement between DVR and the office of superintendent of public instruction.

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DVR offers counseling and guidance to help you to make informed choices about what VR services and activities you need to:

(1) Assess your rehabilitation needs, including your need to move to a more independent living arrangement;

(2) Decide on an employment goal;

(3) Decide what VR services are needed to reach your employment goal.

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With support from a VR counselor, you use informed choice to make decisions about which activities and VR services to use based on your individual needs, preferences and interests.

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DVR supports activities that help you select and reach your employment goal, including but not limited to:

(1) Employment, including supported employment;

(2) Training at a vocational school, technical school, on-the-job training, or other training agency;

(3) Continuing education at a college, community college, or other post-secondary school; or

(4) Referral to other community services or organizations that offer services to adults to live more independently and to get or keep a job.

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Transportation services help you get around in the community to participate in VR services or to get or keep a job. Transportation services include, but are not limited to:

(1) Public transportation fares or passes;

(2) Estimated cost of gasoline;

(3) Vehicle repair and maintenance;

(4) Attendant fees and travel costs while in travel status;

(4) Purchase of vehicles.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-890-0445
Under what conditions does DVR provide transportation services?

DVR provides transportation services to you under conditions specified in WAC 388-890-110 and if provided in connection with another VR service.

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(1) DVR provides a vehicle under the conditions outlined under WAC 388-890-110;

(2) DVR issues a vehicle under WAC 388-890-455 through 388-890-480;

(3) Your disability is stable or slowly progressive, and is not likely to impair your ability to drive in the future;

(4) You and a VR counselor agree it is a necessary service under your individualized plan for employment (IPE) because:

(a) No other transportation options are available and it is not feasible for you to relocate to live closer to employment or other transportation options; or

(b) A vehicle is required as a condition of employment before you can get or keep a job.

(5) The vehicle is provided in support of another VR service;

(6) You do not have a vehicle or your vehicle cannot be modified or repaired to the extent that you can drive it; and

(7) You agree to:

(a) Be the registered owner of the vehicle;

(b) Pay for and have a current driver's license, vehicle license, and vehicle registration; and

(c) Pay for and have driver insurance and vehicle insurance adequate to cover the cost of replacement for loss or damage at the time the vehicle is issued to you.

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If you need a device, tool, piece of equipment or other item to participate in VR services or to go to work, DVR provides the item under the conditions listed in WAC 388-890-110 and if the item meets applicable local, state and national engineering safety, and, health standards.

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If DVR determines an item may be re-used by another person if it is returned, you must sign a statement agreeing to the following before DVR issues the item to you:

(1) DVR has ownership of the item issued to you, and you understand permission for use may be taken away by DVR at any time;

(2) You agree to immediately return the item if DVR requests you to do so;

(3) You agree to maintain the item according to manufacturer's guidelines, if applicable, and keep it secure from damage, loss or theft;

(4) You agree to engrave an identification number on all or part of the item, if requested to do so by DVR.

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DVR issues devices, tools, equipment, or other items that you need to participate in VR services or to get a job, including but not limited to:

(1) Assistive technology devices as outlined under WAC 388-890-175.

(2) Equipment, supplies or other items needed for self-employment as outlined under WAC 388-890-345.

(3) Tools, equipment, initial stocks or supplies as outlined under WAC 388-890-370.

(4) A vehicle as outlined under WAC 388-890-440.

(5) Tools and other training supplies as outlined under WAC 388-890-380.

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(1) If an item is readily available from DVR's inventory that is appropriate and adequate to meet your specific needs, DVR issues the item to you.

(2) If the item is not available from DVR's inventory, DVR locates the item for issue to you from another source.

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If DVR directs you to return any item issued to you but owned by DVR and you do not immediately return it, DVR reports the loss to the DSHS office of financial recovery (OFR). The OFR attempts to recover the item from you. If the OFR cannot recover the item(s), the OFR reports the loss to the local county prosecutor for legal action.

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DVR transfers ownership of the device, tool, piece of equipment or other item to you at the time DVR closes your case if you:

(1) Are working in a job that requires the item; and

(2) Do not need additional VR services.

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(1) An individualized plan for employment (IPE) is a written document prepared on forms provided by DVR.

(2) An IPE is an agreement that records the decisions and commitments you and a VR counselor make about VR services and activities.

(3) The IPE documents the VR services you will use to prepare for, get or keep a job.

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(1) You have three options for developing an IPE. You may:

(a) Develop all or part of the IPE with assistance and support from a VR counselor;

(b) Develop the IPE on your own; or

(c) Develop the IPE with a representative, family member, advocate, or other individual of your choice.

(2) If you choose someone other than a VR counselor to help you develop the IPE, DVR does not pay for any related costs or fees charged by other parties.

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DVR gives you the following information in writing about how to develop an IPE:

(1) A description of the information that must be included on an IPE;

(2) Financial conditions or restrictions that relate to the IPE;

(3) Other information you request;

(4) Where to get help to fill out forms required by DVR;

(5) Your rights if you disagree with DVR about a decision relating to the IPE;

(6) Information about the client assistance program (CAP) and how to contact the program.

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You use informed choice to make decisions about what to include on your IPE. You have the right to make decisions that are consistent with your strengths, abilities, capabilities, and interests, including but not limited to:

(1) The type of job you want;

(2) What VR services you need to help you reach your employment goal;

(3) What service provider to use.

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DVR provides only those VR services that you and a VR counselor agree are:

(1) Consistent with your strengths, abilities, capabilities, and interests; and

(2) Needed to achieve the employment goal listed on your IPE.

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DVR is prohibited from supporting an employment goal that is religious in nature under the Washington State Constitution, Article 1, subsection 11.

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(1) An IPE must include all of the following items, at a minimum:

(a) Your employment goal;

(b) The VR services you plan to use;

(c) The date VR services included on the plan begin;

(d) When you expect to begin working;

(e) The name of the person or organization providing each service included on the IPE;

(f) What criteria you will use to evaluate whether you are making progress toward your employment goal;

(g) Terms and conditions, including:

(i) A description of what DVR has agreed to do to support your IPE;

(ii) A description of what you have agreed to do to reach your employment goal, including:

(A) Steps you will take to achieve your employment goal;

(B) What services you agree to help pay for, and how much you will pay;

(C) What services you agree to apply for as comparable services and benefits.

(h) What services will be provided by another organization as a comparable service or benefit;

(i) The expected need for post-employment services.

(2) An IPE that includes a supported employment outcome must also document:

(a) The extended services or natural supports you need;

(b) The name of the person or organization paying for the extended services, if extended services are used;

(c) If it is not known who will pay for extended services or natural supports when the IPE is developed, the IPE includes a statement explaining the expected source of extended service or a plan to identify a source of extended services;

(d) A goal for the number of hours per week you are going to work based on your strengths, abilities, capabilities, interest and informed choice;

(e) A description of how the services on your IPE are coordinated with other federal or state services you get under another individualized plan.

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You and a VR counselor must agree to and sign your IPE. DVR gives you a copy of the signed IPE, in writing or in another method of communication, if needed.

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You and a VR counselor review the IPE at least once a year, or more often if needed.

(1) You and a VR counselor amend the IPE if there are major changes in the employment goal, the VR services to be used, or the service provider to be used.

(2) Changes to an IPE take effect when you and a VR counselor sign the updated IPE.

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A VR counselor closes your case service record for any of the following reasons:

(1) You are working and no longer need VR services;

(2) You decline VR services;

(3) Anytime DVR determines that you are not eligible or no longer eligible;

(4) You are no longer available to participate in services;

(5) You cannot be located;

(6) You ask DVR to close your case service record; or

(7) You refuse to cooperate in required or agreed upon services

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DVR determines that you are working and no longer need VR services if:

(1) You received services under an IPE that helped you get a job;

(2) Your job matches your strengths, needs, abilities, interests and choices;

(3) You have been working for at least ninety days; and

(4) You and a VR counselor agree the job is satisfactory and that you are performing the job well; and

(5) You are working in an integrated setting or in a nonintegrated setting of your choice.

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(1) Before closing your case service record, a VR counselor gives you an opportunity to discuss the decision.

(2) DVR notifies you in writing, or another method of communication, if needed, about the reason your case service record is being closed and your rights if you disagree with the decision as outlined under WAC 388-890-1180.

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Competitive employment is work in the competitive labor market that you perform on a full-time or part-time basis in an integrated setting for which you earn a wage at or above the minimum wage, but not less than the usual wage and level of benefits your employer pays to nondisabled employees who do the same or similar work as you.

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Extended employment is:

(1) Work in a nonintegrated setting for a public or nonprofit agency or organization which provides support services to you to continue to train or prepare for competitive employment unless you choose to remain in extended employment; and

(2) Work for which you earn a wage according to special certificate provisions of 14 (c) of the U. S. Department of Labor Fair Labor Standards Act (29 U.S.C. 214 (c)).

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(1) If you go to work in extended employment, DVR reviews your status annually to:

(a) Determine your interest and need to move to competitive employment;

(b) Determine your interest and need to receive training for competitive employment; and

(c) Evaluate whether there are VR services or other services that would assist you to move to competitive employment.

(2) DVR provides an opportunity for you to give input during the annual review.

(3) DVR reviews your status annually for two years following the date you go to work.

(4) After two years, you may request that DVR continue to review your status annually.

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(1) If DVR determines you are ineligible because you are too significantly disabled to benefit from VR services in terms of employment under any of the following conditions, DVR contacts you within twelve months of the date determined ineligible to review whether anything has changed to affect your eligibility:

(a) You are too significantly disabled to participate in a trial work experience;

(b) You decline a trial work experience and you and your VR counselor agree that you are too significantly disabled to benefit from VR services in terms of employment;

(c) You participate in a trial work experience as outlined under WAC 388-890-670 through 388-890-705 and are determined too significantly disabled to benefit from services in terms of employment; or

(d) You and your VR counselor cannot find a source for extended services and/or cannot establish natural supports during the initial eighteen months of your individualized plan for supported employment.

(2) After DVR completes the initial twelve month review, you or your representative may request subsequent reviews.

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(1) Supported employment is:

(a) Competitive work; or

(b) Work in an integrated setting while you work toward competitive work consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; or

(c) Transitional employment for an individual with a most significant disability due to chronic mental illness.

(2) Supported employment is for an individual with a most significant disability who:

(a) Has not traditionally worked in competitive employment; or

(b) Has worked in competitive employment, but the disability has caused the individual to stop working, or work off and on; and

(c) Needs intensive supported employment services and extended services to work because of the nature and significance of the disability.

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You are eligible for supported employment services if:

(1) You are eligible for vocational rehabilitation services under WAC 388-890-035;

(2) You are an individual with a most significant disability under WAC 388-890-755 category one; and

(3) Supported employment is appropriate for you based on a comprehensive assessment of your needs, including an evaluation of your rehabilitation, career and job needs.

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DVR decides if you are eligible for supported employment services.

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Competitive work, as used in supported employment, is:

(1) Work in the competitive labor market that you perform on a full-time or part-time basis in an integrated setting; and

(2) Work for which you are paid at or above the minimum wage, but not less than the usual wage your employer pays to nondisabled employees who do the same or similar work as you.

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An integrated setting in supported employment is a work setting commonly found in the community in which you interact with nondisabled people to the same extent that a nondisabled person in the same type of job interacts with other persons.

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Interactions at your work site between you and a nondisabled supported employment service provider do not meet the requirement for an integrated setting.

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Transitional employment is a work model using a series of consecutive jobs in competitive employment for individuals with the most significant disabilities due to mental illness.

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Supported employment services are:

(1) Ongoing support services as described in WAC 388-890-610; and

(2) Individualized vocational rehabilitation services listed in WAC 388-890-145.

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Ongoing support is a type of supported employment service to help you get and keep a job. Ongoing support services include:

(1) An assessment of your employment situation at least twice a month, or under special circumstances and especially at your request, an assessment regarding your employment situation that takes place away from your worksite at least twice a month to:

(a) Determine what is needed to maintain job stability; and

(b) Coordinate services or provide specific intensive services that are needed at or away from your worksite to help you maintain job stability.

(2) Intensive job skill training for you at your job site by skilled job trainers;

(3) Job development, job placement and job retention services;

(4) Social skills training;

(5) Regular observation or supervision;

(6) Follow-up services such as regular contact with your employer, you, your representatives, and other appropriate individuals to help strengthen and stabilize the job placement;

(7) Facilitation of natural supports at the worksite;

(8) Other services similar to services described in subsections (1) through (7) above; and

(9) Any other individualized vocational rehabilitation service described in WAC 388-890-145 through 388-890-450.

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DVR provides supported employment services under the conditions in WAC 388-890-110 and if you are an individual with a most significant disability as described in category one, WAC 388-890-755.

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Your individualized plan for supported employment includes the information specified in WAC 388-890-515.

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Extended services help you keep your job after DVR stops providing supported employment services.

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DVR does not provide extended services.

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Extended services are provided by nonprofit private organizations such as community rehabilitation programs, state and local public agencies, employers, or any other appropriate resources.

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Natural support is a method used to help you keep your job after DVR stops providing supported employment services. Natural support uses the people who you ordinarily come into contact with at work and/or at home to help you with work routines and social interactions at the work site.

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DVR provides supported employment services as part of your individualized plan for employment for a period not to exceed eighteen months, unless under special circumstances you and your VR counselor jointly agree to extend the time in order to achieve the employment goals in your individualized plan for employment.

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Prior to helping you change from supported employment services to extended services, DVR must ensure the following:

(1) You have made substantial progress toward meeting the number of work hours per week you want to work as documented on your individualized plan for employment;

(2) You are stabilized in the job; and

(3) Extended services are readily available and can be provided to you without an interruption in services.

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If you and your VR counselor do not find a source for extended services and/or cannot establish natural supports during the initial eighteen months of your individualized plan for employment, DVR must determine that you are no longer eligible for VR services under WAC 388-890-065.

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DVR closes your case service record for supported employment under WAC 388-890-530 through 388-890-540, except if DVR is closing your case service record because you are successfully employed, DVR must wait at least ninety days after helping you change from supported employment services to extended services before DVR closes your case service record.

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DVR provides supported employment services to you as post-employment services following the change from supported employment services to extended services if:

(1) Your extended service provider cannot provide the services; and

(2) You need such services as job station redesign, repair and maintenance of assistive technology devices and replacement of prosthetic and orthotic devices to keep your job.

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A trial work experience is a method of assessment used by DVR to determine eligibility for VR services:

(1) Only if a VR counselor cannot presume that VR services will enable you to work because of the significance of your disability;

(2) After you have applied for VR services and before an individualized plan for employment is developed.

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(1) During a trial work experience, you are placed in a sufficient variety of work or work-like settings and provided with VR services to assess how you perform.

(2) The trial work experience continues long enough to provide sufficient information for a VR counselor to determine whether:

(a) VR services will enable you to work and that you are eligible for VR services; or

(b) VR services will not enable you to work, because of the significance of your disability; and/or

(c) Service providers are able to meet your VR service needs.

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DVR determines whether a trial work experience is needed to determine your eligibility for VR services.

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DVR may use the individual VR services listed under WAC 388-890-145 through 388-890-450 during a trial work experience.

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If DVR is unable to identify VR services or service providers that would enable you to perform a trial work experience because of the significance of your disability, DVR follows the procedures outlined under WAC 388-890-065 to determine that you are not eligible for VR services.

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If a trial work experience is needed to decide if you are eligible for VR services, DVR provides information and support to help you make informed choices that include but are not limited to:

(1) What type of work setting to use; and

(2) What service providers to use.

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DVR evaluates your progress in a trial work experience as often as needed, but at least every ninety days.

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There is no time limit for a trial work experience. As soon as DVR has enough information to decide whether VR services will enable you to get or keep a job, DVR must:

(1) Make an eligibility decision;

(2) Document the basis for eligibility or ineligibility; and

(3) Discontinue trial work experience.

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The following vocational rehabilitation services may be provided to a group of individuals with disabilities:

(1) Services to establish, develop, or improve a community rehabilitation program may be provided to a group of individuals with disabilities who are currently not being served or whose service needs are not being met by DVR.

(2) Services may be provided to an identified group of individuals with disabilities if the VR services:

(a) Are likely to contribute to the rehabilitation of those in the group; and

(b) Cannot be purchased on an individual basis.

(3) Consulting and/or technical assistance services may be provided to support planning the development of school programs to meet the long-term employment needs of a group of students with disabilities.

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(1) DVR may provide services to a group of individuals with disabilities to establish, develop, or improve a community rehabilitation program if:

(a) DVR has identified a group of individuals with disabilities who are not being served or whose service needs are not being met by DVR because of limited staff resources;

(b) Services of a community rehabilitation are needed in a geographic area;

(c) DVR has evaluated the community rehabilitation program services and determined that VR services to groups are needed and are likely to meet the service needs of the group.

(2) DVR does not pay for the cost of construction related to establishing or developing a community rehabilitation program.

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(1) DVR may provide services to a group of individuals with disabilities if the services are likely to contribute to the rehabilitation of those in the group, but cannot be purchased under an individualized plan for employment of any one person within the group because:

(a) The services are needed by the individuals in the group to apply for DVR services when a barrier exists that hinders access to VR services for a group of individuals with disabilities.

(b) The services needed by the group are not designated by a unit or per person cost and/or cannot be prorated equitably to the IPE's of those in the group.

(2) DVR does not purchase equipment in excess of five thousand dollars as a service to groups of individuals with disabilities.

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(1) DVR may purchase consulting and/or technical assistance for schools to plan for the transition of students with disabilities if:

(a) DVR has determined that the school needs consulting or technical assistance services to plan for the transition of students with disabilities;

(b) The school has expressed a commitment to provide the resources needed to implement a plan for the transition of students with disabilities;

(c) DVR has determined the services are likely to result in increased capacity within the school system to assist students with disabilities to transition from school to work;

(d) DVR does not have adequate staff resources to provide the needed consulting or technical assistance.

(2) DVR does not pay for:

(a) The cost to implement a plan; or

(b) Individual VR services to students with disabilities as a service to groups.

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(1) When funds or other resources are not available to serve all eligible individuals, DVR establishes an order to select eligible individuals for services.

(2) When the selection order is in effect and you are eligible for services, DVR assigns your name to one of three selection categories.

(3) You are accepted for services based on:

(a) The priority of the selection category you are in; and

(b) The order in which you applied for DVR services as indicated by the date on your application. If you are a public safety officer with a disability that was acquired while acting in the line of duty you are placed first within a category, regardless of the date on your application.

(4) When the selection order is in effect and you are eligible for DVR services, but do not meet the criteria for selection category one, DVR provides you with vocational rehabilitation information, guidance, and referral services to access other federal and state programs suited to address specific employment needs of individuals with disabilities.

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The selection categories are based on the significance of your disability and the limitations your disability presents in terms of getting or keeping a job.

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DVR considers physical, mental or sensory disabilities to determine your eligibility for VR services or to determine the category for the order in which to serve you if the disabilities result from:

(1) Amputation;

(2) Arthritis;

(3) Autism;

(4) Blindness;

(5) Burn injury;

(6) Cancer;

(7) Cerebral palsy;

(8) Cystic fibrosis;

(9) Deafness;

(10) Head injury;

(11) Heart disease;

(12) Hemiplegia;

(13) Hemophilia;

(14) Respiratory or pulmonary dysfunction;

(15) Mental retardation;

(16) Mental illness;

(17) Multiple sclerosis;

(18) Muscular dystrophy;

(19) Musculo-skeletal disorders;

(20) Neurological disorders (including stroke and epilepsy);

(21) Paraplegia;

(22) Quadriplegia;

(23) Other spinal cord conditions;

(24) Sickle cell anemia;

(25) Specific learning disability;

(26) End stage renal disease; or

(27) Other disability or combination of disabilities to cause comparable substantial functional limitation as identified by an assessment for determining eligibility and vocational rehabilitation needs.

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If DVR has to decide in what order to serve you because funds or other resources are not available to service all eligible individuals:

(1) DVR decides what assessment services are needed to determine the order in which to serve you; and

(2) You choose the service providers for the assessment services you need based on informed choice.

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(1) DVR uses the following categories to determine the priority by which to serve you if you are eligible for VR services:

(a) Category one--First priority, individuals with the most significant disabilities;

(b) Category two--Second priority, individuals with significant disabilities; and

(c) Category three--Third priority, individuals with disabilities.

(2) The categories are prioritized to accept eligible individuals with the most significant disabilities first, individuals with significant disabilities second and individuals with disabilities third.

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DVR uses the following information to determine if you are in category one-first priority, individuals with the most significant disabilities:

(1) You have one or more physical, mental or sensory disabilities listed in WAC 388-890-740;

(2) You have one or more physical, mental, or sensory impairments that constitute or result in a substantial impediment to employment for you and cause you to experience serious limitations in four or more of the following areas in terms of an employment outcome:

(a) Mobility,

(b) Communication,

(c) Self-care,

(d) Self-direction,

(e) Interpersonal skills,

(f) Work tolerance,

(g) Work skills in terms of an employment outcome.

(3) Your vocational rehabilitation is expected to require multiple vocational rehabilitation services over an extended period of time;

(4) With VR services, you can get or keep a job; and

(5) You require extended services in order to work.

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DVR uses the following information to determine if you are in category two--second priority, individuals with significant disabilities:

(1) You have one or more physical, mental or sensory disabilities listed in WAC 388-890-740;

(2) You have one or more physical, mental, or sensory impairments that constitute or result in a substantial impediment to employment for you and cause you to experience serious limitations in one or more of the following areas in terms of an employment outcome:

(a) Mobility,

(b) Communication,

(c) Self-care,

(d) Self-direction,

(e) Interpersonal skills,

(f) Work tolerance,

(g) Work skills in terms of an employment outcome.

(3) Your vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(4) With VR services, you can get or keep a job.

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DVR uses the following information to determine if you are in category three--third priority, individuals with disabilities:

(1) You have one or more physical, mental or sensory disabilities listed in WAC 388-890-740;

(2) You have one or more physical, mental, or sensory impairments which constitute or result in a substantial impediment to employment for you; and

(3) With VR services, you can get or keep a job.

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(1) The independent living (IL) program is authorized by the department of social and health services, division of vocational rehabilitation under Title VII of the Rehabilitation Act, as amended.

(2) Independent living (IL) is a program of services that assists adults and emancipated minors with significant disabilities to live more independently in their families and communities. IL program services are not offered in all DVR offices. Individuals interested in IL program services must be able to get the services at a DVR office where IL program services are offered.

(3) In addition to the rules in sections WAC 388-890-780 through 388-890-1095 covering independent living program services, the following vocational rehabilitation rules apply:

(a) Payment for VR and IL program services, WAC 388-890-1100 through 388-890-1175;

(b) Confidentiality of personal information, WAC 388-890-1265 through 388-890-1295; and

(c) How to contact DVR if you don't speak English, WAC 388-890-1300 through 388-890-1310.

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If you are eligible, the IL program can help you get the following types of services, as needed, to reach your IL goals:

(1) Advocacy services,

(2) Rehabilitation technology services,

(3) Communications services,

(4) IL counseling services,

(5) Housing services,

(6) IL skills training,

(7) Information and referral services,

(8) Mobility training,

(9) Peer counseling services,

(10) Personal assistance services,

(11) Physical rehabilitation services,

(12) Preventative services,

(13) Recreational services,

(14) Services to family members,

(15) Therapeutic treatment services,

(16) Transportation services,

(17) Other IL program services.

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(1) You are eligible for IL program services under Title VII if you are an adult or emancipated minor and you:

(a) Have a significant disability, as defined under WAC 388-890-795;

(b) Are not currently eligible for VR services; and

(c) Can get and benefit from IL program services in a community that offers the services.

(2) Eligibility is not based on your age, color, creed, gender, sexual orientation, national origin, race, religion, or type of disability.

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In the Title VII IL program, you have a significant disability if:

(1) you have a physical, mental, cognitive or sensory impairment that greatly limits your level of independence in your family or community; and

(2) IL program services are likely to improve or maintain your level of independence in any of these areas.

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(1) An IL counselor provides IL program services; or

(2) The IL counselor may refer you to a service provider who meets standards established by the IL program.

(3) When a service provider is used, the service provider must provide IL program services that you, the IL counselor, and the service provider have agreed to in advance of starting the service.

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To receive independent living services, you must:

(1) Complete tasks that you have agreed to complete to reach your IL goals;

(2) Be willing to learn new skills and try new things; and

(3) Accept responsibility for your decisions and actions related to your IL goals.

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(1) Fill out and sign an IL program services application form; or

(2) Submit the following information:

(a) Your name, address and the county where you live;

(b) Your birthdate and gender;

(c) Your Social Security Number;

(d) A short description of the type of disability;

(e) The date of your application.

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You meet with an IL counselor to:

(1) Fill out other forms and releases needed by the IL program to collect the information needed to decide if you are eligible for services;

(2) The IL program does an assessment to:

(a) Verify whether you have a significant disability that greatly limits your level of independence in your family or community;

(b) Identify your IL needs; and

(c) Decide if IL program services can help you to improve or maintain your level of independence in your family or community.

(3) The assessment may include, but is not limited to, the following areas:

(a) Your home and living environment, including housing, ability to get around, and safety;

(b) Financial issues, such as budgeting, paying bills, and managing money;

(c) Your basic skills in cooking, cleaning, shopping and general home and family care;

(d) How you relate to your family or others socially, and how you spend your free time;

(e) How you manage your own personal care; and

(f) School or work interests.

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(1) An IL counselor determines whether you meet the eligibility requirements as outlined under WAC 388-890-790; or

(2) If an individual or organization has a contract with the IL program to offer IL program services, the individual or organization may determine whether you meet the eligibility requirements under WAC 388-890-790.

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The IL program uses information that you, your family, your doctor, or other organizations submit to decide if you are eligible.

(1) If the information does not verify whether you are eligible for IL program services, you may need to get additional assessments, exams, or tests to get the information.

(2) The IL program pays for services needed to verify whether you are eligible.

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(1) If the IL program verifies you are eligible, the IL program notifies you of the decision.

(2) If the IL program determines you are not eligible, the IL program must:

(a) Talk with you about the decision;

(b) Send you, or your representative, a notice of the decision in writing, including information about the services offered by the client assistance program and how to ask for services; and

(c) When possible, refer you to other agencies or programs that offer services to meet your needs.

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If an IL counselor makes a decision about your IL program services that you don't agree with, you have the following options:

(1) Try to resolve the disagreement by talking to the IL counselor, his or her supervisor, or regional administrator; and

(2) Contact the client assistance program as outlined under WAC 388-890-1185.

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(1) The IL program offers services as needed to:

(a) Establish your eligibility;

(b) Assess your IL needs;

(c) Develop an IL plan; and

(d) Reach your IL goals.

(2) The IL program provides services only if you are not eligible to receive a comparable service from another organization or program.

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(1) If you are eligible for IL program services, you work with an IL counselor to develop a written IL plan or a verbal IL plan.

(a) You can get the same IL program services under a written IL plan and a verbal IL plan.

(b) If you choose a verbal IL plan, you must sign a waiver declining a written IL plan.

(2) Before the IL program purchases services under a written IL plan or verbal IL plan, you must complete a financial statement as outlined under WAC 388-890-1145, unless you receive public assistance or support from another program as outlined under WAC 388-890-1150.

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The written or verbal IL plan includes:

(1) Your goals for addressing the barriers that limit your level of independence in your family or community;

(2) The IL program services you are using to achieve each goal; and

(3) How long you expect to use each service.

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(1) You and an IL counselor sign the written IL plan.

(2) The IL counselor gives you a copy of the written IL plan in a format that you can understand and use.

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(1) You and an IL counselor review your IL plan at least once a year, and more often if needed to decide whether:

(a) IL program services should continue, change or stop;

(b) You could and want to be referred to DVR to apply for vocational rehabilitation services as outlined under WAC 388-890-105;

(c) You should be referred to another program or service.

(2) You may develop a new plan, if changes are needed.

(3) When you develop a new plan, the new plan is developed as outlined in WAC 388-890-845 through 388-890-855.

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(1) The following IL program services are offered at no cost to you:

(a) Services needed to determine eligibility for IL program services;

(b) Services provided by an IL counselor; and

(c) Any other IL service for which there is no cost.

(2) The IL program does not pay for IL program services that you can get at no cost from another public program or as an insurance or employee benefit.

(3) If using the services or benefits of another public program or insurance program would delay reasonable progress toward reaching your IL goals, the IL program pays for the services.

(4) The IL program only pays for IL program services, other than those listed in (1) above, if you meet the financial need criteria established in WAC 388-890-1165.

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IL advocacy services support and assist you to express your interests or concerns to others to:

(1) Reach your IL goals; or

(2) Get other benefits and services you need.

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IL rehabilitation technology services assist you to use devices, equipment, or technology services that enable you to reach your IL goals. IL rehabilitation technology services assist you to:

(1) Assess your technology needs;

(2) Try out different types of devices, equipment, and services;

(3) Obtain devices; and/or

(4) Receive training on the use of devices or equipment.

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IL communication services assist you to learn skills or use services that enable you to understand and share information. Examples of communication services include, but are not limited to:

(1) How to get and use interpreter services, including tactile interpreter services;

(2) Training in the use of equipment that help you communicate;

(3) Braille training; or

(4) How to get and use reader services.

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(1) IL counseling services include support and advice from an IL counselor to help you reach your IL goals by finding out about issues that get in the way of your independence;

(2) IL counseling services also includes therapeutic counseling services purchased from a qualified therapist on a short-term basis to help you:

(a) Adjust to your disabling condition; and

(b) Deal with issues about being more independent.

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IL housing services assist you to find or keep a suitable living arrangement and take steps needed to move, if needed. Housing services include, but are not limited to, assisting you to:

(1) Find out about low-income housing resources and different types of housing;

(2) Find housing that accommodates your disability;

(3) Assess what is needed in your current housing to accommodate your disability; and

(4) Find out about ways to make your home accessible.

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(1) The IL program pays for home modifications if:

(a) The modifications are related to a disability and will improve or maintain independence or safety;

(b) You and/or a family member with whom you live:

(i) Own the place where you live; and

(ii) Complete a financial statement based on the family income to determine whether you must pay, in whole or in part, for home modifications.

(c) The housing construction complies with appropriate building codes and permit requirements.

(2) The IL program does not pay for the cost of labor to construct home modifications.

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IL skills training teaches you skills to manage and balance your life in areas including, but not limited to:

(1) Budgeting,

(2) Meal planning and/or preparation,

(3) Consumer skills,

(4) Personal care,

(5) Social interaction.

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IL information and referral services help you to find out about and get help from other community programs and services. IL information and referral services include, but are not limited to:

(1) Information about a variety of disability issues;

(2) Information about health insurance and where it is available; and

(3) Help with contacting other programs and services in the community.

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IL peer counseling is support, advice, teaching, and information sharing with people with disabilities.

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IL mobility training improves your ability to get around in your home or your community, including but not limited to:

(1) How to use a wheelchair;

(2) How to make transfers;

(3) Training on the use of public transportation.

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IL personal assistance training helps you develop the skills to get or keep the services of an attendant or assistant to meet your personal assistance needs. Personal assistance training includes, but is not limited to:

(1) How to find an attendant or assistant; and

(2) How to manage the services.

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The IL program does not pay for attendant services as part of personal assistance training.

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IL physical rehabilitation services include medical assessments or short-term services to assist you to identify or reach your IL goals. Physical rehabilitation services include, but are not limited to:

(1) Occupational therapy;

(2) Speech therapy; and

(3) Physical therapy.

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IL preventative services enable you to prevent or limit conditions that result from your disability. IL preventative services enable you to reduce the risk that conditions or limitations worsen. IL preventative services may include, but are not limited to, the purchase of items used to prevent decubitus ulcers.

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IL recreational services assist you to find ways to enjoy activities or hobbies of personal interest to you. IL recreational services may include but are not limited to:

(1) Assisting you to find information and contact local programs or organizations that offer activities you are interested in; and/or

(2) Getting short-term instruction in an area of interest to you.

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(1) IL program services to family members assist you and your family members with issues related to your disability or independence. Services to family members may include, but are not limited to:

(a) Giving your family training to understand disability issues;

(b) Assisting you to get child care needed to allow you to use IL program services.

(2) Family member means:

(a) Your legal guardian;

(b) Someone related to you; or

(c) Someone you live with who has a strong interest in your well being and who needs IL program services for you to achieve your IL goals.

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IL therapeutic services include evaluations to assist you to get specific information from a medical professional, such as a psychologist or neuropsychologist, to help you:

(1) Identify your IL goals; and/or

(2) Decide best methods for you to receive services.

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(1) IL transportation services help you participate in other IL program services and include, but are not limited to:

(a) Public transportation fares or passes,

(b) Estimated cost of gasoline,

(c) Parking fees.

(2) IL transportation services do not include the purchase of vehicles.

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The IL program may offer other services needed to help you to understand IL program services and options or achieve your IL goals. Other IL program services may include, but are not limited to support to attend a class, and support to find volunteer work.

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There is no limit on how long IL program services may be provided.

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(1) The IL program stops providing or paying for IL program services if you:

(a) Agree with an IL counselor that you have completed the goals and objectives in your IL plan;

(b) Are no longer available to receive services at a DVR office where IL program services are offered;

(c) Choose to quit using IL program services;

(d) Are eligible and plan to use vocational rehabilitation services.

(2) The IL program stops providing or paying for IL program services if it:

(a) Determines you no longer need IL program services;

(b) Determines you are not cooperating in your IL plan;

(c) Determines that you are no longer eligible for IL program services;

(d) Refers you to another service or program that offers services that are more likely to meet your needs;

(e) Cannot locate you.

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Before the IL program decides to stop providing or paying for your IL program services, an IL counselor must give you an opportunity to discuss the reasons for the decision.

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(1) If an IL counselor decides that you are no longer eligible for IL program services, the IL counselor must follow the procedures in WAC 388-890-065 to notify you about the decision.

(2) If you and an IL counselor have decided to stop IL program services for another reason, the IL program must send you a written notice. The written notice must explain:

(a) The reason the IL program has decided to stop providing or paying for IL program services;

(b) The services offered by the client assistance program as outlined under WAC 388-890-1185 and how to ask for those services.

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(1) If the IL program decides that you are not eligible for IL program services, an IL counselor must contact you to review the decision within twelve months.

(2) If you have a change in your life that affects your eligibility for IL program services, you may ask the IL program to review the decision.

(3) The IL program is not required to review your eligibility if you:

(a) Refuse or decline a review;

(b) Are no longer available to receive services at a DVR office that provides IL program services; or

(c) Cannot be located.

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The IL program keeps a record of your services, either electronically or in writing for three years after you stop receiving IL program services. The record includes, but is not limited to:

(1) Records that verify your eligibility or ineligibility;

(2) IL goals and objectives that are:

(a) Established with your input, whether on a written IL plan or not; and

(b) Achieved by you.

(3) Services you requested and received;

(4) A written IL plan or a written form signed by you declining a plan.

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(1) The IL program protects your personal information as outlined in WAC 388-890-1255 through 388-890-1295.

(2) When a service provider is used, the service provider must have and follow policies and procedures that are consistent with WAC 388-890-1255 through 388-890-1295.

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Under federal law, DVR may only pay for VR and IL program services after you and a counselor have looked for other resources available to pay for the services, including:

(1) Comparable services and benefits; and

(2) Your own financial resources.

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Comparable services and benefits are services or benefits that are similar to services DVR would provide that are available to you from another public program, under a health insurance program, or as an employee benefit. For example, if you need a mental health service and it is available to you at no cost from a local mental health center, DVR will not pay another organization or service provider for that service.

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The following DVR services are provided without a determination of comparable services and benefits:

(1) Assessment services, as outlined under WAC 388-890-150;

(2) Assistive technology services, as outlined under WAC 388-890-190;

(3) Assistive technology devices, as outlined under WAC 388-890-175;

(4) Counseling and guidance services, as outlined under WAC 388-890-200;

(5) Independent living services, including assessments, when provided directly by a VR or IL counselor, as outlined under WAC 388-890-220;

(6) Referral services, as outlined under WAC 388-890-325;

(7) Job placement and job retention services, as outlined under WAC 388-890-240;

(8) Training services, as outlined under WAC 388-890-380 and 388-890-390;

(9) Rehabilitation engineering services, as outlined under WAC 388-890-335;

(10) Post-employment services as outlined under WAC 388-890-305 that include any of the services listed in subsections (1) through (9) above.

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(1) A determination of comparable services and benefits is not required before you begin providing VR services if you and a VR or IL counselor agree the determination would delay or interrupt:

(a) A service you need when you are at extreme medical risk;

(b) An immediate job placement; or

(c) Your progress toward achieving the employment outcome identified on your individual plan for employment.

(2) A VR counselor may complete the determination of comparable services and benefits while you receive VR or IL services if it is expected that services and benefits exist and could be used at a later time without resulting in a delay.

(3) If comparable services and benefits are available, you must apply for and use comparable services and benefits.

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Extreme medical risk means a likelihood of death or a functional impairment will substantially worsen if medical services, including mental health services, are not provided quickly.

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DVR does not pay for a service that is available to you as a comparable service or benefit. If you choose not to apply for or use comparable services or benefits that a VR or IL counselor determines are adequate to meet your needs, you are responsible to pay for the services or benefits.

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Awards and scholarships you earn based on merit are not considered comparable services and benefits.

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(1) You apply for comparable services and benefits from the organization or agency from which the service or benefit is available.

(2) If you need assistance to apply for comparable services and benefits, a VR or IL counselor helps you apply for the services or benefits.

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To determine whether you must pay for all or part of your VR or IL program services using your own financial resources:

(1) You must complete a DVR financial statement to document your financial status before DVR purchases services under an IPE or IL Plan, except the services outlined in WAC 388-890-1160.

(2) You must provide copies of financial records requested by DVR to establish your financial status.

(3) If you are married, are a dependent, or are supported financially by another person, you and the other party or parties must provide information about your combined financial status.

(4) If you fail to report your financial status accurately or provide the required information, DVR may deny or suspend services at any time in the rehabilitation process, except the services listed under WAC 388-890-1175.

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You meet DVR's financial need criteria if you qualify for one of the programs listed below, regardless of whether you are married, are a dependent, or receive financial support from another family member. If you give DVR proof that you qualify for one of these programs, you do not need to give DVR any other information about your financial status:

(1) DSHS income assistance,

(2) Medicaid, or

(3) Supplemental Security Income.

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The following information is used to determine whether you must pay any part of the cost of VR or IL program services:

(1) Your income from all sources;

(2) Your assets and property, including but not limited to bank accounts, vehicles, personal property, stocks, bonds and trusts;

(3) Your living expenses, including household expenses, credit payments, disability-related expenses and other financial obligations.

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DVR does not count the following resources when deciding whether you need to help pay for VR or IL program services:

(1) The value of your primary home and furnishings;

(2) The value of items that you keep because of personal attachment or hobby interest, rather than because of monetary value;

(3) The value of one vehicle per household member if the vehicle is needed for work, school, or to participate in VR or IL program services;

(4) Retirement, insurance, or trust accounts that do not pay a current benefit to you or your family;

(5) If the retirement, insurance or trust account pays a current benefit, only the monthly benefit is counted as income. The balance of the account is excluded;

(6) Up to five thousand dollars of your total assets are excluded as exempt;

(7) Equipment or machinery used to produce income;

(8) Livestock used to produce income; and

(9) Disability-related items.

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(1) You must complete a financial statement that compares your total income and assets to your total living expenses and obligations, unless you meet the conditions listed under WAC 388-890-1150.

(2) DVR allows you to deduct five thousand dollars from your total assets as an exemption.

(3) DVR pays for your VR or IL program services if the results of the financial statement show that you do not have resources available to help pay for your VR or IL program services.

(4) You must help pay for VR or IL program services if the results of the financial statement show that you have resources available to help pay for your VR or IL program services.

(5) DVR does not pay for VR or IL program services under an IPE or IL plan when the financial statement shows that you have resources available and choose not to use them to pay for VR or IL program services, except for the services listed under WAC 388-890-1150.

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(1) After completing the financial statement, you and a VR or IL counselor must agree how to use the resources identified on the financial statement to help pay for VR or IL program services.

(2) The costs you agree to pay are documented on the IPE or IL plan.

(3) If your financial status changes, report the change to a VR or IL counselor.

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You are not required to help pay for the following VR or IL program services, regardless of your financial status:

(1) Assessment services needed to determine eligibility or rehabilitation needs, including independent living assessment services;

(2) Counseling, guidance, and referral services;

(3) Job placement and job retention services;

(4) Independent living services provided directly by DVR staff;

(5) Post-employment services that include any of the services listed in subsections (1) through (4) of this section.

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(1) If a VR counselor makes a decision relating to your VR services that you don't agree with, you have the following options:

(a) Try to resolve the disagreement by talking to the VR counselor, a VR supervisor, or regional administrator;

(b) Contact the Client Assistance Program as outlined under WAC 388-890-1185;

(c) Request mediation; and/or

(d) Request a formal hearing.

(2) You have the right to use one or more of these options at any time.

(3) Your efforts to reach an agreement with the VR counselor, VR supervisor, or regional administrator are not used to deny or delay your right to mediation or a formal hearing.

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(1) The client assistance program (CAP) is a program that offers advice and information at no cost to you about your rights as a DVR participant and to help you understand and receive services available.

(2) You may ask for help or information from CAP at any time during the rehabilitation process by:

(a) Asking a DVR staff person for information about how to contact CAP; or

(b) calling CAP at the toll-free number 1-800-544-2121 voice/TTY.

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(1) Mediation is a method used when you and a VR counselor cannot resolve a disagreement about your VR services.

(2) A trained mediator who knows the laws and rules about VR services conducts a meeting with you and a representative from DVR.

(3) The mediator does not work for DVR.

(4) During a mediation meeting, the mediator:

(a) Allows each party to present information or evidence;

(b) Helps each party listen to and understand the other party's position;

(c) Reviews and explains any laws that apply;

(d) Facilitates an agreement, if possible, between the parties;

(e) The facilitator does not make decisions about the disagreement.

(5) You may be represented by another person of your choice at the mediation meeting.

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(1) Mediation is an option any time you disagree with a decision DVR makes about your VR services.

(2) All parties involved in the issue, including DVR, must agree to mediation.

(3) Mediation is not used to deny or delay your right to a formal hearing. You may request both mediation and a formal hearing at the same time. If an agreement is:

(a) Reached during mediation, the formal hearing is canceled.

(b) Not reached during mediation, the formal hearing is held as scheduled.

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(1) DSHS schedules mediation sessions in a timely manner at a location that is convenient to all parties.

(2) DSHS pays for costs related to mediation, except costs related to a representative or attorney you ask to attend.

(3) DVR may pay for VR services you require to participate in mediation, such as transportation or child care.

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Information discussed during mediation is kept confidential and may not be used in a later hearing or civil proceeding, if one is held. Before beginning a mediation session, all parties must sign a statement of confidentiality.

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For more information or to request mediation, ask a VR counselor, supervisor or regional administrator or call DVR's statewide toll free number 1-800-637-5627.

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When you and the DVR representative reach an agreement during the mediation meeting, DSHS provides you with a written statement of the agreement.

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(1) A formal hearing is a proceeding conducted as outlined under the Administrative Procedure Act, chapter 388-08 WAC.

(2) A formal hearing is similar to a trial and is held by an administrative law judge who does not work for DSHS.

(3) During the formal hearing, both you and DVR may present information, witnesses, and/or documents to support your position.

(4) You may be represented by an attorney, a friend, a relative, or someone else if you choose.

(5) The administrative law judge makes a decision after:

(a) Hearing all of the information presented;

(b) Reviewing any documents submitted; and

(c) Reviewing relevant federal and state laws and regulations.

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(1) You have the right to a formal hearing when you disagree with a decision made by DVR about your eligibility for VR services or a decision about VR services.

(2) You must ask for a formal hearing in writing within 20 days of the decision.

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(1) To ask for a formal hearing, you must send a written request to the Office of Administrative Hearings, P.O. Box 2465, Olympia, Washington 98507-2465.

(2) You must include the following information in your written request:

(a) Your name, address, and telephone number;

(b) A written statement about the decision and the reasons you disagree; and

(c) Any other information that supports your position.

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The office of administrative hearings must hold a formal hearing within forty-five days of receipt of your written request for a hearing, unless:

(1) You or DVR ask for a delay; and

(2) There is a reasonable cause for the delay.

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The office of administrative hearings sends you a written report of the findings and decisions within thirty days of the formal hearing.

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(1) If you accept the hearing decision, it will become final automatically, and DVR must implement the decision.

(2) If you do not agree with the hearing decision, you may as the DSHS board of appeals to review it. Instructions on how to ask for a review are included with the hearing decision sent to you.

(3) If you do not agree with the final decision issued by the DSHS board of appeals, you may ask a superior court to review that decision. Instructions on how to ask a superior court to review the final agency decision are included with the final agency decision sent to you.

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DVR must not suspend, reduce, or terminate services while a decision is waiting for a formal hearing decision, unless you:

(1) Provide false information to obtain VR services; or

(2) Commit fraud or other criminal action to obtain VR services.

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When you apply for services, DVR must explain:

(1) What types of personal information you must share;

(2) What information DVR must get and what information is optional;

(3) How DVR uses personal information;

(4) What laws allow DVR to use personal information; and

(5) Your options if you decline to give DVR required information.

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DVR keeps a record of VR services for three years after your case is closed. The VR case service record includes, but is not limited to:

(1) The application form or request for VR services;

(2) Records that verify the type and severity of your disability;

(3) A summary of how your disability limits your ability to get or keep a job;

(4) Records that explain and support:

(a) The eligibility or ineligibility decision;

(b) Your rehabilitation needs.

(5) Records that support the need for a trial work experience, if needed, and summaries of trial work progress reviews;

(6) Financial statement;

(7) Information collected to develop an individualized plan for employment (IPE), including:

(a) A summary of how your job goal matches your strengths, abilities, and interests;

(b) Each step needed to reach your job goal; and

(c) VR services to be used and how the services address the impediment to employment.

(8) If VR services are provided in a setting that is not integrated, a written explanation of reasons for using a nonintegrated setting;

(9) IPE, IPE amendments, and IPE progress reports;

(10) records that verify you are paid at or above the minimum wage, but not less than the usual wage your employer pays to nondisabled individuals doing the same or similar work, if you achieve a competitive employment outcome;

(11) Summary of annual reviews, if done;

(12) Written results of mediation sessions or formal hearings, if held;

(13) Written summary of the need for post-employment services after getting a job, including a description of what services are needed;

(14) Notification of case closure and appeal rights.

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DVR shares personal information with another service provider or organization only when:

(1) You sign a written consent giving DVR permission to release the information; and

(2) The information is needed to help you meet your rehabilitation goals.

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If DVR gets personal information about you from another agency or service provider, DVR only releases the information to others following rules established by the agency or service provider that provided the information and with your written consent.

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(1) You may ask DVR to correct information in your record that you believe is incorrect.

(2) DVR corrects the information, unless there is a disagreement about whether the information is correct. If there is a disagreement about whether the information is correct, you may:

(a) Write a summary describing why the information is not correct; or

(b) Ask DVR to write a summary describing your concerns about the information.

(3) DVR puts the written summary in your record.

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(1) You may ask DVR for information contained in your record. A request for records must be in writing.

(2) DVR gives you copies of the records in a timely manner, unless DVR determines the information may be harmful to you.

(3) If DVR determines the records may be harmful to you, DVR releases the records to your representative, parent, guardian, another person you choose, or to a qualified medical professional.

(4) If a representative has been appointed by a court to represent you, the information must be released to the representative.

(5) If previously existing records are given to DVR by another organization or service provider, you must ask the organization or service provider for the records.

(6) If DVR requested or paid an organization or service provider to create records, such as an assessment to determine eligibility, DVR may release the records to you.

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DVR releases personal information without your written consent only under the following conditions:

(1) When required by federal or state law;

(2) When asked by a law enforcement agency to investigate criminal acts, unless prohibited by federal or state law;

(3) When given an order signed by a judge, magistrate, or authorized court official;

(4) When DVR decides you may be a danger to yourself or others;

(5) When asked by the division of child support of the department of social and health services;

(6) To an organization, agency or person(s) for audit, evaluation or research.

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DVR may release personal information for audit, evaluation or research when the results would improve the quality of life or DVR services for people with disabilities. Before any personal information is shared, the organization, agency, authority or individual must agree to the following conditions:

(1) The information must only be used by people directly involved in the audit, evaluation or research;

(2) The information must only be used for the reasons approved by DVR in advance;

(3) The information must be kept secure and confidential;

(4) The information must not be shared with any other parties, including you or your representative;

(5) The final product or report must not contain any personal information that would identify you without your written consent.

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(1) DVR uses special protections when you share personal information about drug or alcohol abuse or about HIV/AIDS and sexually transmitted diseases.

(2) DVR asks for your specific permission to copy information of this nature before sharing it with a service provider or organization that is helping you reach your employment goals.

(3) Information about drug and alcohol abuse must be handled in accordance with RCW 70.96A.150 and applicable federal and state laws and regulations.

(4) Information about HIV/AIDS or other sexually transmitted diseases must be handled in accordance with RCW 70.24.105 and applicable federal and state laws and regulations.

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If you don't speak English, you may request another type of communication to meet with DVR. DVR arranges and pays for services you need to communicate with DVR to learn about or apply for DVR services.

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DVR uses equipment, devices or other services you need to understand and respond to information. Methods we can use to communicate with you include, but are not limited to, the use of:

(1) Interpreters,

(2) Readers,

(3) Captioned videos,

(4) Telecommunications devices and services,

(5) Taped text,

(6) Braille and large print materials,

(7) Electronic formats,

(8) Graphics,

(9) Simple language materials.

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DVR uses a method of communication that enables you to understand information and ask questions about the following, at a minimum:

(1) How DVR keeps personal information confidential.

(2) Your right to make informed choices throughout the rehabilitation process.

(3) DVR's decision about whether you are eligible for VR or IL program services.

(4) The options you have to develop an individualized plan for employment (IPE).

(5) Other essential information relating to VR or IL program services and programs and answer your questions.

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     The following sections of the Washington Administrative Code are repealed:

WAC 490-500-005	Definitions.
WAC 490-500-010	Application for services.
WAC 490-500-015	Initial interview.
WAC 490-500-022	Assessment for determining eligibility and vocational rehabilitation needs.
WAC 490-500-025	Eligibility for services.
WAC 490-500-030	Eligibility for services--Criteria.
WAC 490-500-050	Certification for decision of eligibility or ineligibility.
WAC 490-500-055	Notice to applicant.
WAC 490-500-065	Ineligibility--Review required.
WAC 490-500-070	Extended evaluation.
WAC 490-500-080	Extended evaluation--Plan.
WAC 490-500-170	Criteria for order of selection.
WAC 490-500-180	Economic need.
WAC 490-500-185	Economic need--Financial statement required.
WAC 490-500-190	Economic need--Standards for determining.
WAC 490-500-200	Economic need--Notification of decision.
WAC 490-500-205	Comprehensive assessment.
WAC 490-500-257	Individualized, written rehabilitation plan.
WAC 490-500-260	Individualized, written rehabilitation plan--Content.
WAC 490-500-270	Individualized, written rehabilitation plan--Participation.
WAC 490-500-275	Individualized, written rehabilitation plan--Review.
WAC 490-500-300	Vocational rehabilitation--Employment outcome.
WAC 490-500-325	Comparable services and benefits available from other agencies.
WAC 490-500-350	Vocational rehabilitation services.
WAC 490-500-380	Vocational rehabilitation services--Counseling, guidance, and work-related placement services.
WAC 490-500-385	Vocational rehabilitation services--Physical and mental restoration.
WAC 490-500-389	Vocational rehabilitation services--Telecommunications, sensory, and other technological aids and devices.
WAC 490-500-390	Vocational rehabilitation services--Training.
WAC 490-500-418	Vocational rehabilitation services--Rehabilitation assistive technology services.
WAC 490-500-420	Vocational rehabilitation services--Additional living expenses.
WAC 490-500-430	Vocational rehabilitation services--Occupational licenses, tools, equipment, and initial stocks and supplies.
WAC 490-500-435	Vocational rehabilitation services--Transportation.
WAC 490-500-437	Vocational rehabilitation services--Interpreter services and reader services.
WAC 490-500-445	Vocational rehabilitation services--Services to family members.
WAC 490-500-450	Vocational rehabilitation services--Other goods and services.
WAC 490-500-455	Vocational rehabilitation services--Post-employment services.
WAC 490-500-460	Vocational rehabilitation services--Information and referral services.
WAC 490-500-465	Vocational rehabilitation services--Recruitment and training services.
WAC 490-500-470	Vocational rehabilitation services--Transition services.
WAC 490-500-475	Vocational rehabilitation services--Supported employment.
WAC 490-500-477	Vocational rehabilitation services--Independent living services.
WAC 490-500-480	Vocational rehabilitation services--On-the-job or other related personal assistance.
WAC 490-500-485	Vocational rehabilitation services--Services to groups.
WAC 490-500-500	Purchase of services.
WAC 490-500-505	Purchase of services--Selection criteria--Schools or training organizations.
WAC 490-500-510	Purchase of services--Selection criteria--On-the-job training.
WAC 490-500-525	Termination of services under an individualized, written rehabilitation plan--Ineligible.
WAC 490-500-530	Termination of services under an individualized, written rehabilitation plan--For reasons other than ineligibility.
WAC 490-500-542	Termination of services under an individualized written rehabilitation plan--Rehabilitated.
WAC 490-500-545	Notification of termination.
WAC 490-500-555	Confidential information--Disclosure.
WAC 490-500-560	Administrative review.
WAC 490-500-580	Fair hearing--Adjudicative proceeding.
WAC 490-500-590	Client records.
WAC 490-500-600	Independent living program.
WAC 490-500-605	Independent living program--Eligibility/ineligibility.
WAC 490-500-615	Independent living program--Economic need and comparable services and benefits.
WAC 490-500-620	Independent living program--Written independent living plan.
WAC 490-500-622	Independent living program--Independent living services.
WAC 490-500-625	Independent living program--Termination.
WAC 490-500-627	Independent living program--Client records.
WAC 490-500-630	Statewide independent living council.
WAC 490-500-635	State rehabilitation advisory council.

© Washington State Code Reviser's Office