[nfbmi-talk] let the regs be our guide on college and all polices

[joe harcz Comcast]

This is very clear and unambiguous...

Joe Harcz

 

 

Sec. 361.50  Written policies governing the provision of services for 

individuals with disabilities.

 

    (a) Policies. The State unit must develop and maintain written 

policies covering the nature and scope of each of the vocational 

rehabilitation services specified in Sec. 361.48 and the criteria under 

which each service is provided. The policies must ensure that the 

provision of services is based on the rehabilitation needs of each 

individual as identified in that individual's IPE and is consistent 

with the individual's informed choice. The written policies may not 

establish any arbitrary limits on the nature and scope of vocational 

rehabilitation services to be provided to the individual to achieve an 

employment outcome. The policies must be developed in accordance with 

the following provisions:

    (b) Out-of-State services.

    (1) The State unit may establish a preference for in-State 

services, provided that the preference does not effectively deny an 

individual a necessary service. If the individual chooses an out-of-

State service at a higher cost than an in-State service, if either 

service would meet the individual's rehabilitation needs, the 

designated State unit is not responsible for those costs in excess of 

the cost of the in-State service.

    (2) The State unit may not establish policies that effectively 

prohibit the provision of out-of-State services.

    (c) Payment for services.

    (1) The State unit must establish and maintain written policies to 

govern the rates of payment for all purchased vocational rehabilitation 

services.

    (2) The State unit may establish a fee schedule designed to ensure 

a reasonable cost to the program for each service, if the schedule is--

    (i) Not so low as to effectively deny an individual a necessary 

service; and

    (ii) Not absolute and permits exceptions so that individual needs 

can be addressed.

    (3) The State unit may not place absolute dollar limits on specific 

service categories or on the total services provided to an individual.

    (d) Duration of services.

    (1) The State unit may establish reasonable time periods for the 

provision of services provided that the time periods are--

    (i) Not so short as to effectively deny an individual a necessary 

service; and

    (ii) Not absolute and permit exceptions so that individual needs 

can be addressed.

    (2) The State unit may not establish absolute time limits on the 

provision of specific services or on the provision of services to an 

individual. The duration of each service needed by an individual must 

be determined on an individual basis and reflected in that individual's 

individualized plan for employment.

    (e) Authorization of services. The State unit must establish 

policies related to the timely authorization of services, including any 

conditions under which verbal authorization can be given.

 

(Authority: Sections 12(c) and 101(a)(6) of the Act and 29 U.S.C. 

709(c) and 721(a)(6))