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Administrative Regulations

781 KAR 1:010. Department of Vocational Rehabilitation appeal procedures.

RELATES TO: KRS 151B.190, 151B.200, 34 CFR Part 361, 29 USC 722

STATUTORY AUTHORITY: KRS 13B.170, 151B.195(1), 29 USC 722(c)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 13B.170 authorizes an agency to promulgate administrative regulations that are necessary to carry out the provisions of KRS Chapter 13B concerning administrative hearings. 29 USC 722(c) requires state procedures for the review of determinations made by rehabilitation personnel for basic rehabilitation services. Pursuant to KRS 151B.200, the Commonwealth of Kentucky, agreed to comply with all provisions relating to Federal Vocational Rehabilitation Acts. KRS 151B.195(1) authorizes the commissioner to promulgate administrative regulations for the department. This administrative regulation establishes hearing and appeal procedures for a person seeking vocational rehabilitation benefits.

Section 1. Definitions. 

(1) "Applicant" means an individual who submits an application for vocational rehabilitation services.

(2) "Commissioner" means the Commissioner of the Department of Vocational Rehabilitation.

(3) "Department" means the Department of Vocational Rehabilitation and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

(4) "Eligible individual" means an applicant for vocational rehabilitation services who the department determines is an individual with a disability who requires vocational rehabilitation services to prepare for, secure, retain or regain employment.

Section 2. Hearing Officer. 

(1) To conduct a hearing under this administrative regulation, a hearing office shallnot:

1. Be an employee of a public agency, other than an administrative law judge, hearing examiner, or employee of an institution of higher education;
2. Be a member of the Vocational Rehabilitation Council;
3. Have been involved in previous decisions regarding the vocational rehabilitation of the applicant or eligible individual; or
4. Have personal or financial interest that would be in conflict with the objectivity of the individual.

(2) To conduct a hearing under this administrative regulation, a hearing officer shall:

1. Have knowledge of the delivery of vocational rehabilitation services, the federal and state laws and the administrative regulations governing the provision of vocational rehabilitation services; and
2. Have training with respect to the performance of official duties.

Section 3. Administrative Review.

(1) An applicant or eligible individual may request an informal administrative review conducted by a department staff member from the director of program services or a designee.

(2) The director or designee shall select an administrator from a district not involved in the action in question who shall conduct the administrative review within ten (10) days.

(3) The administrator shall conduct the administrative review either in person or by teleconference.

(4) The administrator shall make a determination and forward a copy to the individual and the department within five (5) days of the administrative review.

(5) The applicant or eligible individual shall attend the administrative review and may be represented by an advocate or counsel.

Section 4. Mediation.

 (1) The department and the applicant or eligible individual may agree voluntarily to submit a request concerning the provision or denial of benefits to mediation.

(2) The department shall maintain a list of qualified mediators.

(3) The Director of Program Services or a designee shall choose a mediator from the list and schedule a mediation meeting within five (5) days from the receipt of the request for mediation.

(4) A representative of the department who is authorized to bind the department to an agreement shall attend the mediation.

(5) The applicant or eligible individual shall attend the mediation and may be represented by an advocate or counsel.

(6) Discussions or agreements arising from the mediation process shall not be used as evidence in any subsequent hearing or civil proceeding.

Section 5. Right of Appeal and Information. 

(1) An applicant or eligible individual may appeal to the Director of Program Services determinations made by the department affecting:

(a) Furnishing of vocational rehabilitation benefits; or

(b) Denial, reduction, suspension, or cessation of vocational rehabilitation services.

(2) An applicant or eligible individual shall:

(a) Be informed of the:

1. Entitlements available under this administrative regulation;

2. Right to appeal;

3. Right to be represented by an advocate or counsel; and

4. Names and addresses of department individuals with whom an appeal shall be filed.

(b) Request an appeal:

1. In writing;

2. By telephone through direct contact with the Director of Program Services or a designee; or

3. On tape, except that a voice mail message shall not constitute a request for a hearing.

(3) The director of program services or a designee shall convene a hearing within sixty (60) days of a request made pursuant to subsection (1) of this section. Reasonable time extensions, not to exceed one (1) year, may be granted for good cause with the agreement of both parties. The hearing shall be conducted pursuant to:

(a) KRS Chapter 13B; and

(b) This administrative regulation.

(4) Pending a final determination of a hearing or other final resolution, the department shall not suspend, reduce, or terminate services provided under the individualized plan for employment unless:

(a) It has evidence that the service was obtained by an applicant or eligible individual through:

1. Misrepresentation;

2. Fraud;

3. Collusion; or

4. Criminal conduct; or

(b) The applicant or eligible individual, or an authorized representative, requests this action.

Section 6. Client Assistance Program. The department shall advise an applicant or eligible individual of:

(1) The existence of the Client Assistance Program, created by KRS 151B.225;

(2) The services provided by the program; and

(3) How to contact a program representative.

Section 7. Appeal Time and Hearing Procedures. (1) An applicant or eligible individual shall file an appeal:

(a) Within sixty (60) days of becoming aware, through the exercise of due diligence, of a department determination affecting the provision or denial of vocational rehabilitation services.

(b) By contacting the Director of Program Services.

(2) An applicant or eligible individual shall, at the time of requesting a hearing:

(a) Identify accommodations required; and

(b) Submit an issue statement for the hearing.

(3) A hearing officer shall be selected on a random basis from a pool of trained hearing officers in the Administrative Hearings Division of the Office of the Attorney General approved by the department and Statewide Council for Vocational Rehabilitation.

Section 8. Findings and Decision. 

(1) The hearing officer shall complete and submit to both parties and the Secretary of the Workforce Development Cabinet the written recommended order within thirty (30) days of receipt of the transcript of the hearing, unless both parties agree to a time extension.

(2) Either party shall have twenty (20) days from the date the recommended order is mailed within which to file exceptions to the Secretary of the Workforce Development Cabinet.

(3) The Secretary of the Workforce Development Cabinet shall consider the record, including the recommended order and any timely exceptions filed to the recommended order.

(4) The Secretary of the Workforce Development Cabinet shall issue the final order within thirty (30) days from expiration of the time period for filing exceptions. (17 Ky.R. 779; Am. 1491; eff. 12-7-90; 21 Ky.R. 1953; 2702; eff. 5-4-95; 23 Ky.R. 3110; 3768; eff. 5-12-97; 26 Ky.R. 2030; 27 Ky.R. 114; eff. 7-17-2000; 28 Ky.R. 1210; 1634; eff. 1-14-2002.)

Effective 1-14-02

781 KAR 1:020. General provisions for operation of the Department of Vocational Rehabilitation.

RELATES TO: KRS 151B.190, 29 USC 706(8)(A)

STATUTORY AUTHORITY: KRS 151B.185, 151B.195

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.200 accepts and agrees to comply with federal vocational rehabilitation acts, provides for a state rehabilitation agency and sets eligibility criteria for vocational rehabilitation services. KRS 151B.195 directs the Commissioner, Department of Vocational Rehabilitation to promulgate administrative regulations governing services, personnel, and administration of the state rehabilitation agency. This administrative regulation prescribes general criteria for the provision of rehabilitation services and is necessary in order to distribute limited funds available for that purpose. The general criteria in this administrative regulation set forth the regulatory policies.

Section 1. Definitions. (1) "Applicant" means an individual who has signed a letter or document requesting vocational rehabilitation services and who is available to complete an assessment.

(2) "Department" means the Department of Vocational Rehabilitation, and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

(3) "Eligible individual" means an individual with a disability who has been determined by an appropriate department staff member to meet the basic conditions of eligibility for vocational rehabilitation services as defined in 34 CFR 361.42.

(4) "Legally blind" means an individual has a visual acuity of 20/200 or less in the better eye with correction or a visual field of twenty (20) degrees or less.

(5) "Occupational equipment" means equipment essential to perform the job duties at the job site and required as a condition of employment.

(6) "Relative" means an individual related to another individual by lineage, marriage, or adoption and includes a:

(a) Spouse;

(b) Parent;

(c) Grandparent;

(d) Brother;

(e) Sister;

(f) Son;

(g) Daughter;

(h) Grandchild;

(i) Aunt;

(j) Uncle;

(k) Niece;

(l) Nephew; and

(m) First cousin.

(7) "Visual impairment" means an individual has a condition of the eye which constitutes or results for the individual in a substantial impediment to employment.

Section 2. Employees' Application for Services. (1) An applicant who is an employee and the department shall adhere to the following procedures if the employee wishes to apply for rehabilitation services.

(2) The employee shall advise the Director of Program Services or a designee of the intent to apply.

(3) The Director of Program Services or a designee and the employee shall select a counselor to take the application. If practicable, the counselor shall be located in an adjacent district.

Section 3. Employees' Relatives' Applications for Services. An employee shall not take an application or provide vocational rehabilitation services to a relative. The relative shall be referred to the Director of Program Services or a designee. The Director of Program Services or a designee and the individual shall identify a staff member who is not a relative to take the application and to provide services as deemed appropriate.

Section 4. Legal Fees. The department shall not be responsible for any fees incurred by an applicant or eligible individual for legal services.

Section 5. Payment Rates for Purchased Services. (1) If practicable, payment for nonemergency transportation services shall be based on a percentage of the regional capitated transportation networks rates established by the Kentucky Transportation Cabinet.

(2) The department shall ensure that a service vendor agrees not to charge or accept from the applicant, eligible individual or a family member payment for services unless the amount of the charge or payment is previously known to and, if applicable, approved by the department.

(3) Payment to out-of-state vendors shall be governed by the rates established by the vocational rehabilitation agency in the state where services are to be provided.

Section 6. Potentially Terminal Illness. (1) Services shall not be provided to individuals with a potentially terminal illness unless:

(a) There is a favorable medical prognosis for recovery; or

(b) There is a prospect of survival for a reasonable period of time, allowing a return to work for at least twelve (12) months (work life expectancy).

(2) The following guidelines shall be followed in making a determination:

(a) If surgery, chemotherapy, nuclear medical treatment, or similar ancillary medical service is expected to cure the condition, it may be provided as with another medical problem.

(b) If the attending physician feels the prognosis is guarded, staff shall request a letter indicating the individual's work life expectancy. For those individuals with a twelve (12) month work life expectancy services may be considered.

Section 7. Second Opinions. The department may seek a second opinion from a qualified practitioner before determining eligibility or before authorizing services.

Section 8. Self-employment Enterprises. The following shall be met prior to planning for self-employment for an eligible individual:

(1) An eligible individual shall agree to undergo appropriate assessment to determine work potential, including mental and physical abilities, and interests, aptitudes, personality traits and other pertinent characteristics.

(2) The department may require an eligible individual to undergo prevocational training, as needed, to gain skills and knowledge and to complete small business training.

(3) An eligible individual shall obtain the required license, permit, certificate, lease, and in all instances be in conformity with all federal and state laws, and local ordinances to commence an enterprise.

(4) The department may review Recordkeeping systems prior to the establishment of the business and periodically thereafter until the case is closed or until liens on any department purchased equipment expire.

Section 9. Sex Change. Department funds shall not be used to pay for sex change surgery.

Section 10. Tools and Equipment. The department may recover tools, equipment, and supplies if the eligible individual ceases to use the equipment for the pursuit and practice intended or upon the death of the eligible individual.

Section 11. Training. Postsecondary training may be provided for an eligible individual pursuant to this section.

(1) Except as provided in this section, tuition and initial registration fees provided to the training facility of the eligible individual's choice shall not exceed those of the highest rate charged by a state-supported training facility in Kentucky that offers similar vocational preparation. The Director of Program Services or a designee may make exceptions if it is clearly demonstrated that exceptions are reasonable to achievement of the work plan.

(2) The department may provide tuition and initial registration fees for postsecondary programs for the deaf recognized by the U.S. Congress as national programs due to the provision of essential support services (e.g., interpreting services, note-taking services, tutoring services).

(3) Other department approved postsecondary programs for the deaf offering interpreting services, note-taking services, and tutoring services may be used if the total cost of attendance does not exceed the total cost of tuition, fees and interpreting services, note-taking services, and tutoring services at the highest rate charged by a state-supported training facility in Kentucky that offers similar vocational preparation.

(4) Training shall be purchased only from training facilities that are accredited or licensed by appropriate accrediting or licensing bodies and which comply with all applicable state and federal requirements.

(5) Training shall be provided only to the operative vocational level.

(6) An eligible individual planning to attend a postsecondary training facility shall apply for all financial assistance available through the training facility.

Section 12. Transplants or Implants. A transplant or implant procedure which is experimental or which does not have a consistent record of significant improvement in vocational functioning in better than fifty (50) percent of the subjects shall not be provided by the department.

Section 13. Vehicle Purchase. The department shall not purchase a vehicle unless the occupation of the eligible individual requires a vehicle as occupational equipment.

Section 14. Visual Impairments. An eligible individual with a secondary disability of visual impairment may be served if another impairment, other than visual, poses the more substantial impediment to employment. (17 Ky.R. 782; Am. 1493; eff. 12-7-90; 19 Ky.R. 1428; 1802; eff. 3-4-93; 21 Ky.R. 551; eff. 10-6-94; 24 Ky.R. 2429; 25 Ky.R. 78; eff. 7-13-98.)

781 KAR 1:030. Order of Selection and Economic Need Test for Vocational Rehabilitation Services.

RELATES TO: 29 USC 706(8)(A); 29 USC 721(a)(5); 29 USC 721 (a)(15)A, B, C; 29 USC 721 (a)(21)(A); 34 CFR 361.36; 34 CFR 361.54; KRS 151B.190, (b), (c),

STATUTORY AUTHORITY: 29 USC 709(c); KRS 151B.185(2), (3), 151B.195(1))

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.195 requires the Commissioner, Department of Vocational Rehabilitation to promulgate administrative regulations governing the services and administration of the Department of Vocational Rehabilitation. 34 CFR 361.36(c) requires the department to determine, prior to the beginning of each fiscal year, whether to establish and implement an order of selection for state vocational rehabilitation services. 34 CFR 361.36(d) established federal guidelines for the imposition of an order of selection. This administrative regulation establishes when an order of selection and an economic need test shall be applied to the provision of vocational rehabilitation services in order to distribute limited funds more equitably over the entire population of otherwise eligible individuals.

Section 1. Definitions. (1) "Commissioner" means Commissioner of the Department of Vocational Rehabilitation.

(2) "Department" means the Department of Vocational Rehabilitation, and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

(3) "Eligible individual" means an individual who has been determined by an appropriate state unit staff member to meet the basic conditions of eligibility for vocational rehabilitation services.

(4) "Individual with a most significant disability" means an individual who has a significant disability and who:

(a) Requires intensive long-term support to facilitate the performance of work activities or daily living activities on or off the job which would typically be performed independently if the individual did not have a disability; or

(b) Has serious limitations in four (4) or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome.

(5) "Permanent functional limitation" means an impairment in activity or function imposed by a disability that:

(a) Is unlikely to be corrected through surgical intervention or medical treatment; and

(b) Differs from a mental or physical condition that can be remedied through the provision of a physical or mental restoration service.

Section 2. Economic Need. (1) Economic need shall be considered in determining whether to grant vocational rehabilitation services.

(2) The commissioner shall exempt services from the economic needs test if the department is able to provide services to all eligible individuals with significant disabilities pursuant to Section 3 of this administrative regulation, with consideration of applicable comparable benefits as provided in 34 CFR 361.53.

3. An economic needs test shall be applied as a condition for furnishing the following vocational rehabilitation services:

1. Physical and mental restoration services;
2. Tuition and initial registration fees for vocational and college training;
3. Maintenance other than diagnostic;
4. Transportation other than diagnostic;
5. Services, other than diagnostic, to members of an individual’s family necessary to the adjustment or rehabilitation of the individual with a disability;
6. Occupational licenses, tools, equipment, and initial stock (including livestock) and supplies;
7. Post-employment services other than (4)(a)-(m);
8. Tuition and initial registration fees for training beyond the baccalaureate level;
9. Other goods and services which can reasonably be expected to benefit an eligible individual in terms of employment outcomes;
10. Vehicle and property modifications in excess of $10,000.

3. The following services shall be excluded from an economic needs test:

1. Assessment for determining eligibility and vocational rehabilitation needs;
2. Counseling and guidance;
3. Services provided by staff at state owned and operated rehabilitation facilities;
4. Placement;
5. Rehabilitation technology [except as provided in (3)(j)];
6. Communication assistance in the individual’s native language;
7. Books, supplies, tools and equipment for vocational and other training;
8. Supported employment;
9. Interpreter services for the deaf;
10. Reader services for the blind;
11. Personal assistance services;
12. Tutors, note takers, and assistive technology education aids; and
13. Other training, including driver training, on-the-job training; job coaching, job development and training.

(5) The department’s economic needs test shall be based on the most current Kentucky Median Adjusted Gross Income developed by the U.S. Department of Commerce. If the individual has a monthly income that exceeds 100 percent of the most current median gross income, the individual shall apply the excess income to rehabilitation services necessary to achieve the employment goal accept as provided for in 34 CFR 361.54.

Section 3. Order of Selection. If the commissioner determines that the department shall be unable to provide services to all eligible applicants, the department shall implement the order of selection.

(1) An eligible individual previously declared eligible for and receiving vocational rehabilitation services under an individualized plan for employment shall not be affected if the department implements an order of selection.

(2) The order of selection shall not regulate the provision of information or referral services.

(3) On implementation of the order of selection, the department shall continue to accept referrals of and applications from individuals with disabilities.

(4) The order of selection shall not regulate the provision or authorization of assessment for determining eligibility.

(5) An applicant shall be declared eligible or ineligible as appropriate.

(6) An eligible individual entering accepted status after implementation of the order of selection shall be assigned to a priority category. If the priority category is open, the individual shall be served. If the priority category is closed, the individual's case shall be held in accepted status until the priority category assigned is opened or the order of selection is lifted.

(7) The order of selection policy shall permit immediate reclassification into a higher priority category if circumstances justify the reclassification.

(8) If the department is unable to provide services to all eligible individuals with significant disabilities, the department shall serve eligible individuals with a most significant disability first and then serve eligible individuals with a significant disability on a first-applied, first-served basis, as established by the date of application.

(9) The order of selection described in this section shall be followed with the categories to be served designated at the time of implementation.

(10) The order of selection system shall have six (6) priority categories as follows:

(a) Priority I - eligible individuals with a most significant disability.

(b) Priority Category II - eligible individuals with a significant disability who have serious limitations in three (3) functional capacities.

(c) Priority Category III - eligible individuals with a significant disability who have serious limitations in two (2) functional capacities.

(d) Priority Category IV - eligible individuals with a significant disability who have serious limitations in one (1) functional capacity.

(e) Priority Category V - eligible individuals with a non-significant disability that results in permanent functional limitations.

(f) Priority Category VI - all other eligible individuals whose disability is non-significant.

781 KAR 1:040. Rehabilitation technology services.

RELATES TO: KRS 151B.190, 29 USC 706(8)(A)

STATUTORY AUTHORITY: KRS 151B.185, 151B.195

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.195 requires the Commissioner, Department of Vocational Rehabilitation to promulgate administrative regulations governing the services and administration of the Department of Vocational Rehabilitation. This administrative regulation prescribes when, and under what conditions, rehabilitation technology services shall be provided, in order to distribute limited funds more equitably over the entire population of otherwise eligible individuals.

Section 1. Definitions. (1) "Applicant" means an individual who has signed a letter or document requesting vocational rehabilitation services and who is available to complete an assessment.

(2) "Department" means the Department of Vocational Rehabilitation and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

(3) "Eligible individual" means an individual who has been determined by an appropriate department staff member to meet the basic conditions of eligibility for vocational rehabilitation services as defined in 34 CFR 361.42.

Section 2. Computer Hardware and Software Purchases. The department shall not purchase a computer, microcomputer, other hardware or software for the personal use of an applicant or eligible individual. The department may consider the provision or upgrade or replacement of computer hardware and software if:

(1) The equipment is essential to compensate for the limitations caused by the disability; or

(2) The equipment is required for the eligible individual to achieve a vocational objective of competitive employment;

(3) One (1) or more of the following criteria are met:

(a) The equipment is required for vocational preparation;

(b) The equipment is required to perform the job and no provision is made by the employer to supply the equipment; or

(c) The equipment will enable an eligible individual to become competitive with nondisabled employees performing the same duties.

Section 3. Computer Upgrades or Replacements. A computer upgrade or replacement may be provided for an eligible individual if needed for obtaining and maintaining employment.

Section 4. Second Time Upgrades or Replacements. (1) Except as provided in this section, the department shall not provide more than one (1) computer upgrade or replacement per individual.

(2) The department may approve a second time upgrade or replacement under the following conditions:

(a) The eligible individual has demonstrated a two (2) year continuous work history; and

(b) The eligible individual's employer attests that the upgrade or replacement is needed to maintain employment.

Section 5. General Vehicle Modification. (1) Modification of a van for an eligible individual who can be functional in an automobile shall not be authorized over the maximum cost of the automobile modification.

(2) The department may provide van modifications for eligible individuals determined by a department specialist to be unable to transfer independently into and out of an automobile.

(3) Vehicle modifications in excess of $5,000 shall not be provided except on the recommendation of a department specialist.

(4) All other individuals who need driver evaluation, driver training or vehicle modification may purchase services on a fee for service basis if all department applicants and eligible individuals have been served.

(5) Vehicle modification in excess of $5,000 shall not be provided until the eligible individual completes a driver evaluation and vehicle modification assessment by a department specialist.

(6) Vehicle modifications in excess of $5,000 shall be inspected and approved by a department specialist before payment is made.

Section 6. Specific Vehicle Modifications Costing More than $5,000. (1) Except as provided in subsection (2) of this section, a vehicle modification costing in excess of $5,000 shall not be provided unless the eligible individual:

(a) Has a vocational objective of competitive employment; and

(b) Is within two (2) years of job placement.

(2) Vehicle modifications may be provided to an individual who is not within two (2) years of job placement if the Director of Program Services determines that documentation exists that the modification would result in a substantial cost savings to the department.

(3) Vehicle modifications costing in excess of $5,000 shall not be provided on a new vehicle except as provided in this section.

(4) The department may approve vehicle modifications in excess of $5,000 for older vehicles if maintenance records and overall condition of the vehicle can justify the modification as attested by a department specialist. The modification shall demonstrate cost savings to the department.

Section 7. Upgrading and Repair of Vehicle Modification. (1) Vehicle modification upgrades and repair may be provided for an eligible individual if needed for obtaining or maintaining employment.

(2) Upgrade or repair of vehicle modifications in excess of $10,000 may be provided if the Director of Program Services determines that the modification has a direct relationship to the employment goal and that failure to provide the modification would preclude the successful achievement of the employment goal.

Section 8. Second Time Modifications. (1) Except as provided in this section, the department shall not provide more than one (1) vehicle modification per eligible individual.

(2) The department may approve a second time vehicle modification under the following conditions:

(a) The eligible individual has demonstrated a two (2) year continuous work history; and

(b) The eligible individual's employer attests that the modification is needed to maintain employment; and

(c) The modification has met a seven (7) year Internal Revenue Service depreciation schedule from the date of first modification.

Section 9. Property Modification. (1) Permanent, nonrecoverable modification to a private home, business, or property shall be an allowable expenditure if determined essential to achieve the employment objective of the eligible individual. A direct relationship between the provision of the modification and the projected employment goal shall be demonstrated. The eligible individual shall meet economic need qualifications. The eligible individual shall make every attempt to use recoverable, nonpermanent modifications if possible or cost effective.

(2) Except as provided in this section, property modifications in excess of $10,000 shall not be allowed.

(3) Property modifications in excess of $10,000 may be provided if the Director of Program Services determines that documentation exists that the modification has a direct relationship to the employment goal and that failure to provide the modification would preclude the successful achievement of the employment goal. (17 Ky.R. 789; eff. 10-14-90; Am. 20 Ky.R. 1388; 1795; eff. 1-10-94; 21 Ky.R. 558; eff. 10-6-94; 22 Ky.R. 111; eff. 10-5-95; 2059; 23 Ky.R. 135; eff. 7-5-96; 24 Ky.R. 2433; 25 Ky.R. 82; eff. 7-13-98.)

781 KAR 1:050. Carl D. Perkins Comprehensive Rehabilitation Center.

RELATES TO: KRS 151B.190, 34 CFR 361.42, 29 USC 706(8)(A)

STATUTORY AUTHORITY: KRS 151B.185, 151B.195

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.195 directs the Commissioner, Department of Vocational Rehabilitation to promulgate administrative regulations governing the services and administration of the Department of Vocational Rehabilitation. This administrative regulation establishes the criteria for admission to and discharge from the Carl D. Perkins Comprehensive Rehabilitation Center.

Section 1. Definitions. (1) "Applicant" means an individual who has signed a letter or document requesting vocational rehabilitation services and for whom the following minimum information has been furnished: name and address, disability, age and sex, date of referral, and source of referral.

(2) "Director" means Division Director of the Carl D. Perkins Comprehensive Rehabilitation Center.

(3) "Discharge" means an individual shall:

(a) Not have a further CDPCRC service provided; and

(b) Be transported to the home area.

(4) "Eligible individual" means an individual who has been determined by an appropriate department staff member to meet the basic conditions of eligibility for vocational rehabilitation services as defined in 34 CFR Part 361.

Section 2. Admissions Policy. (1) An individual admitted to CDPCRC shall:

(a) Be an applicant of the Department of Vocational Rehabilitation for whom an assessment is needed prior to making an eligibility or ineligibility decision;

(b) Be an eligible individual of the Department of Vocational Rehabilitation who requires services of the type provided by CDPCRC, in order to benefit in terms of an employment outcome; or

(c) Have made arrangements to reimburse CDPCRC for the cost of services provided.

(2) A prospect for admission shall provide the following:

(a) A consent for CDPCRC to provide emergency medical care signed by:

1. The individual; or

2. If the individual is a minor or a person for whom the court has determined some form of guardianship or conservatorship is necessary, the individual's parent or guardian, as appropriate, subject to the limitations of KRS Chapter 387;

(b) An agreement assuming responsibility for living arrangements upon the individual's discharge from CDPCRC by:

1. The individual; or

2. If the individual is a minor or a person for whom the court has determined some form of guardianship or conservatorship is necessary, the individual's parent or guardian, as appropriate, subject to the limitations of KRS Chapter 387; and

(c) A description of each limitation that the individual has in performing an activity of daily living.

(3) An individual shall not be admitted to a CDPCRC program if there is evidence that a medical or behavioral condition represents a direct threat to the health or safety of self or others. The determination of whether a condition exists shall be made by a written opinion from a CDPCRC professional with expertise concerning the identified condition, based upon documentation submitted at referral, and other information the professional shall gather as needed.

(4) When it is determined that the documentation submitted indicates the possibility that the individual’s medical or behavioral condition represents a direct threat to self or others, the CDPCRC admissions counselor shall select a CDPCRC professional with expertise concerning the identified condition, and shall submit the documentation to that professional for an opinion.

(5) When the admissions counselor has requested an opinion from a CDPCRC professional, the decision of the professional shall determine whether the individual shall be admitted to CDPCRC during that referral. If the individual is referred at a later time, a new opinion shall be submitted.

(6) The admissions counselor or the admissions committee, as appropriate, shall, at the time that the individual is accepted for CDPCRC services for evaluation or treatment and training, establish a list of recommended services for the individual and make a referral to the appropriate service area.

(7) When a decision is made to accept an individual for admission, the individual shall be notified in writing of the decision, and the date of admission, and a copy of that notification shall be sent to the referral sources, as appropriate.

(8) The individual shall agree to and abide by the terms of the signed Individualized Plan for Employment and the Individualized Behavior Management Plan, as appropriate.

(9) When a decision is made not to admit an applicant or eligible individual to CDPCRC the referral source shall be notified in writing of the decision with justification for that decision. The applicant or eligible individual shall be notified in writing of the decision with justification and informed of the availability of the Client Assistance Program and the right to appeal.

(10) An applicant or eligible individual may appeal the admissions decision pursuant to 781 KAR 1:010.

Section 3. Retention Policy. The decision to provide further services after an individual has completed a CDPCRC program shall be based upon the following:

(1)(a) A further program shall be requested by the referral source; or

(b) A CDPCRC professional shall believe that the individual requires an additional service;

(2) The program requested for the individual shall be available; and

(3) If applicable, the individual shall have made arrangements to reimburse CDPCRC for the cost of services provided.

Section 4. Discharge Policy. (1) An individual shall be voluntarily discharged from the CDPCRC if:

(a) The individual has completed a program of services, and is not qualified for another CDPCRC program;

(b) The individual does not desire further services from CDPCRC;

(c) The individual's medical condition requires treatment away from the CDPCRC for an extended period of time; or

(d) The individual wishes to leave CDPCRC and cannot be convinced to stay.

(2) An individual shall be involuntarily discharged from CDPCRC if:

(a) The individual fails to make progress in the program of services and efforts to resolve the problem have been unsuccessful;

(b) The individual is no longer qualified for the program and no other needed program is available;

(c) The individual's behavioral condition deteriorates to the point of direct threat to the safety of others;

(d) An individual shall be discharged from CDPCRC without prior notice if necessary to prevent harm to a person or property, or to prevent serious disruption of a CDPCRC program.

Section 5. Due Process. (1) The individual, or the parent or guardian if under eighteen (18) years of age or a person for whom the court has determined some form of guardianship or conservatorship is necessary, the referring counselor, or representative if applicable, shall be notified in writing or other appropriate format of the intent to discharge involuntarily with justification;

(2) The individual shall be given an opportunity to present facts and views in rebuttal to the director or a designee;

(3) The director or designee shall notify the individual, in writing or other appropriate format, with justification, of the involuntary discharge decision or of intent to rescind the intent to discharge.

(4) At the time an applicant or eligible individual is informed of the involuntary discharge decision, the individual shall be also informed of the availability of the Client Assistance Program and the right to appeal.

(5) An applicant or eligible individual may appeal the discharge decision pursuant to 781 KAR 1:010. (17 Ky.R. 791; eff. 10-14-90; Am. 21 Ky.R. 560; eff. 10-6-94; 25 Ky.R. 431; 845; eff. 10-1-98; 26 Ky.R. 2032; 27 Ky.R. 115; eff. 7-17-2000.)

781 KAR 1:070. Fees for service.

RELATES TO: KRS 151B.190

STATUTORY AUTHORITY: KRS 151B.185, 151B.195

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.195(2) authorizes the Commissioner, Department of Vocational Rehabilitation, to promulgate administrative regulations governing fees for vocational rehabilitation services to individuals and entities other than applicants or eligible individuals. This administrative regulation establishes the fees for services.

Section 1. Definition. "Department" means the Department of Vocational Rehabilitation, and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

Section 2. Carl D. Perkins Comprehensive Rehabilitation Center's Fees for Services. (1) Except as provided in this section, rates shall be determined by center utilization, budget expenditures and comparable fees charged by other vendors.

(2) The Carl D. Perkins Comprehensive Rehabilitation Center's fees for services shall be:

(a) Vocational evaluation - $132 per day.

(b) Mobile vocational evaluation - $100.

(c) Work hardening/conditioning fees based on prevailing market rates in the Kentucky, West Virginia area.

(d) Vocational Adjustment Program - $48 per day.

(e) Vocational training tuition - $43 per day or $150 per month.

(f) Psychological services based on prevailing market rates in the Kentucky, West Virginia area.

(g) Psychiatric services - Medicare rate plus ten (10) percent.

(h) Physical or occupational therapy services - Medicare rate plus ten (10) percent.

(i) Speech/language services fees - prevailing market rates in the Kentucky, West Virginia area.

(j) Audiological services - Medicare rate plus ten (10) percent.

(k) Other outpatient therapy per session - $76.

(l) Brain injury program - $600 per day.

(m) Physical restoration - $190 per day.

(n) Dormitory housing - $31 per day.

(o) Medical housing - $200 per day.

(p) Nonresidential meals - state per diem rates.

(q) Wellness maintenance program to include aquatics, aerobics and strengthening;

(r)1. Initial assessment fee (one (1) time) - ten (10) dollars;

2. Monthly wellness maintenance fee - thirty (30) dollars.

(3) Fees shall include all administrative costs, reports and follow-ups.

Section 3. Rehabilitation Technology. (1) Fees for driver evaluation, driver education, home modification or occupational therapy services shall be based on prevailing market rates in the Kentucky, West Virginia area.

(2) For an individual who desires or needs driver evaluation, driver training, occupational therapy services or vehicle modification studies by a department specialist, the following fees shall apply:

(a) Evaluation automobile (five (5) hour minimum) - $50 per hour.

(b) Evaluation van (ten (10) hour minimum) - $50 per hour.

(c) Driver training (one (1) hour minimum) - $50 per hour.

(d) Occupational therapy services (one (1) hour minimum) - $50 per hour.

(3) Fees shall include all administrative costs, reports and follow-up.

Section 4. Fee for Staff Services. A fee of $100 per hour shall be charged for staff services.

Section 5. The department may negotiate a lesser fee with a state or federal program or a volume discount for private providers. (17 Ky.R. 796; eff. 10-14-90; Am. 22 Ky.R. 2061; 23 Ky.R. 137; eff. 7-5-96; 25 Ky.R. 913; 1362; eff. 12-3-98.)