[nfbmi-talk] Fw: FOIA Response to Request for Information on Veterans Affairs Vocational Rehabilitation Employment Services Agreement (VA-VRE)
joe harcz Comcast
joeharcz at comcast.net
Mon Jul 7 21:02:53 UTC 2014
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast
Sent: Monday, July 07, 2014 4:54 PM
Subject: RE: FOIA Response to Request for Information on Veterans Affairs Vocational Rehabilitation Employment Services Agreement (VA-VRE)
Hello,
It is at the bottom of the email below but in case it is not readable I am attaching it separately to this email.
Carla Miller Haynes
LARA Bureau of Services for Blind Persons (BSBP)
201 N. Washington Square, 2nd Floor
P.O. Box 30652
Lansing, MI 48909
Telephone: 517-373-2063 or Toll-Free 1-800-292-4200
Fax: 517-335-5140
www.michigan.gov/bsbp
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Monday, July 07, 2014 4:50 PM
To: Haynes, Carla (LARA)
Subject: Re: FOIA Response to Request for Information on Veterans Affairs Vocational Rehabilitation Employment Services Agreement (VA-VRE)
I don't see the actual agreement here.
----- Original Message -----
From: Haynes, Carla (LARA)
To: joe harcz Comcast
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA)
Sent: Monday, July 07, 2014 4:40 PM
Subject: FOIA Response to Request for Information on Veterans Affairs Vocational Rehabilitation Employment Services Agreement (VA-VRE)
July 7, 2014
Mr. Paul Joseph Harcz, Jr.
E-mail: joeharcz at comcast.net
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
Re: FOIA Response to Request for Information on Veterans Affairs Vocational Rehabilitation and Employment Agreement
Dear Mr. Harcz, Jr.:
This letter is in response to your June 24, 2014, email requests for information, received by this office on July 2, 2014. Please be advised that the Bureau of Services for Blind Persons (BSBP) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.
You have requested information that you describe as per your email (which is attached).
"The Bureau has established an agreement with the Veterans Administration Vocational Rehabilitation and Employment (VA-VRE) to provide vocational services to veterans. The emphasis in the agreement is to provide services to veterans that are returning from the current conflicts. The agreement outlines the referral process and the vocational and job placement services that are available through the Bureau.
Now I am requesting in accessible format the above referenced agreement."
Your request is granted as to existing, nonexempt information in the possession of the Department. Please find attached to this correspondence a copy of the agreement.
FOIA Response - P.J. Harcz, Jr.
July 7, 2014
Page 2 of 2
The FOIA cost to produce this report is $23.53 (calculated by using $31.37 which is the hourly wage plus fringe benefits of the Department's lowest paid employee capable of processing this request multiplied by the amount of time to process this request which is 3/4 of an hour = $23.53). As this amount is below the Department threshold of $25.00 for charging costs involved in complying with a FOIA request, this FOIA fee is being waived.
Please note that nothing within the federal American with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (RA), as amended, or the state's FOIA (MCL 15.231 et seq.) requires a public body to process FOIA requests free of charge. Further, while the ADA and Section 504 of
the RA may mandate that, upon request, material be produced in an accessible format without charge, neither the ADA or Section 504 of the RA preclude a public body from charging costs under the state's FOIA. Thusly, please note that no labor fee charges have been, or will be, assessed to convert existing, nonexempt public records responsive to your requests into an accessible format to forward to you.
Sincerely,
Carla Miller Haynes, FOIA Coordinator
Bureau of Services for Blind Persons
Attachments -2 - Email Request for Information & Agreement
cc: Edward F. Rodgers II
Sue Luzenski
Mike Pemble
Katie Belknap
Jones, Leamon
Diamalyn Gaston
From: joe harcz Comcast [mailto:joeharcz at comcast.net]
Sent: Tuesday, June 24, 2014 10:23 AM
To: Rodgers, Edward (LARA)
Cc: Mike Pemble BSBP Dep. Dir.; Luzenski, Sue (LARA); Zimmer, Mike (LARA); nfbmi-talk at nfbnet.org;
Marlene Malloy MCRS Dir.; Shori Teeple MCRS; BRIAN SABOURIN; Michael Poyma VA MCRS;
Christyne.Cavataio at ed.gov; Gary Gaynor; commissioner-hudson at outlook.com; Sarah Gravetti
Subject: don't you even care about blind vets
June 24 2014 Rodgers Blind Vets Again
To: Ed Rodgers, BSBP, others
Dear Mr. Rodgers and All,
I have yet to even get a response from you related to the BSBP
agreements, in the State Plan supplement (see original after signature
line). Aside from being a violation of the ADA and Section 504 in not
responding to a request for information in accessible format; and aside
from the issue that all of BSBP's State Plan contentions must be
documented and accessible this is most alarming.
Sir, don't you care about the brave men and women who have gone in to
harms way and who have gone blind?
Where are your morals sir? Where is your accountability as a public official making $128,000 per annum from this federally funded Vocational Rehabilitation program?
I get more transparency and more accountability from my local "Little League" team than I get from you and BSBP.
Remit said documents sir to assure accountability and effectiveness of
BSBP's programs and services.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: several
Attachment:
June 10 2014 on Blinded Veterans Agreement
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz at comcast.net
810-516-5262
To: Edward Rodgers, Director
Michigan Bureau Services for Blind Persons (BSBP)
Dear Mr. Rodgers,
I point your attention to the following from BSBP's FY 15 State Plan
Supplement which I just received today:
"The Bureau has established an agreement with the Veterans Administration Vocational Rehabilitation and Employment (VA-VRE) to provide vocational services to veterans. The emphasis in the agreement is to provide services to veterans that are returning from the current conflicts. The agreement outlines the referral process and the vocational and job
placement services that are available through the Bureau. "
Now I am requesting in accessible format the above referenced agreement.
Given the national scandals related to Veterans Services including the fact that Blinded Veterans cannot access their own records and the fact those services in documented fashion are not Section 508 let alone 504 compliant I think they could use the good example of BSBP in supplying me, in accessible format said agreement referenced above.
So I thank you in advance for your prompt and accessible and accountable response to this matter.
Sincerely,
Paul Joseph Harcz, Jr.
Cc: S. Luzenski, BSBP Admin. Asst.
Cc: RSA
Cc: MCRS
Cc: MP, VA and MCRS
Cc: BS, CAP
Cc: BSBP Commission
Cc: several Veterans Organizations
MICHIGAN REHABILITATION SERVICES
AND U.S. DEPARTMENT OF VETERANS AFFAIRS
VOCATIONAL REHABILITATION AND EMPLOYMENT SERVICES
This agreement is entered into between the Michigan Rehabilitation Services, hereafter referred to as MRS, Michigan Commission for the Blind, hereafter referred to as MCB, Michigan Commission on Disability Concerns, hereafter referred to as MCDC, and the Department of Veterans Affairs, Michigan Vocational Rehabilitation and Employment Services, hereafter referred to as VA-VRE.
I. Purpose
In order to advance, improve and expand the work opportunities for veterans with disabilities MRS, MCB, MCDC, and VA-VRE herein commit themselves to working cooperatively in implementing the objectives set forth in this agreement.
II. Statement of Need
MRS, MCB, MCDC, and VA-VRE believe that quality employment outcomes for veterans with disabilities can be increased and improved through a closer working relationship between MRS, MCB, MCDC, and VA-VRE.
III. Terms of Agreement
Through collaboration and cooperation in the development of individualized plans for employment, delivery of planned services, and activities related to either return to work or obtaining/maintaining employment, MRS, MCB, MCDC, and VA-VRE staff will avoid the duplication of services to eligible veterans with disabilities. Attachment A describes the referral and service delivery process that will be followed by MRS, MCB, MCDC and VA-VRE staff. The MRS, MCB, MCDC, and VA-VRE will share information and coordinate activities as appropriate and in accordance with applicable statutes, to carry out and support the objectives of this cooperative agreement. These activities, services and records shared will be provided in a timely and accurate manner.
IV. Authority
Title I and Title VII of the Rehabilitation Act of 1973, as amended.
Title 38 United States Codes, as amended.
This agreement does not in itself authorize the expenditure or reimbursement of any funds. Nothing in this agreement shall obligate the parties to expend appropriations or other monies, or to enter into any contract or other obligation. Further, this agreement shall not be interpreted to limit, supersede, or otherwise affect either party's normal operations or decisions in carrying out its mission, interacting with third party organizations and partners in for filling those operations or statutory or other regulatory duties. Nothing in this agreement shall be interpreted as altering eligibility requirements for any MRS, MCB, MCDC or VA-VRE program authorized under Title 38 United States Code, as amended or Title I or Title VII of the Rehabilitation Act of 1973, as amended.
V. Effective Date and Termination
This agreement shall become effective when signed by all parties listed below and shall remain in effect until either party chooses to discontinue. This agreement may be terminated at any time upon 30 days advance notice by one party to the other, and may be amended by the written agreement of all parties, and/or their designees.
(signed by) (signed by)
Jaye Shamsiddeen, Bureau DirectorLinda C. Walker, Director
Michigan Rehabilitation Services Detriot VA Regional Office
3/28/08
(signed by) (signed by)
Patrick D. Cannon Duncan Wyeth
State Director of Bureau Director
Michigan Commission for the Blind Michigan Commission on
11/2/08 Disability Concerns
Attachments:
A: Referral and service delivery process
B: MRS and MCB Liaison to VRE Contact Map
C: VA-VRE Referral Forms
C1 - Cover Letter
C2 - Data sheet
D: MRS and MCB Forms for Information on Sharing and Referral Forms
D1 - Confirmation to VRE of Assigned VR Counselor
D2 - Referral & Feedback Form on VRE Referral
E: MCDC Liaisons
F: MCDC Referral Forms
MEMORANDUM OF AGREEMENT BETWEEN
MICHIGAN REHABILITATION SERVICES,
MICHIGAN COMMISSION FOR THE BLIND,
MICHIGAN COMMISSION ON DISABILITY CONCERNS,
and VA-VOCATIONAL REHABILITATION & EMPLOYMENT
ATTACHMENT A
REFERRAL AND SERVICE COORDINATION
GENERAL INFORMATION
Under this Memorandum of Agreement, MRS, MCB, MCDC and VA-VRE will coordinate resources to maximize continuous improvement of vocational rehabilitation services for veterans with service connected disabilities to facilitate their return to work, to obtain and maintain competitive employment or achieve independent living objectives.
The purpose of the Memorandum of Agreement is to assist VA-VRE to identify veterans who may be eligible for Chapter 31 Vocational Rehabilitation and Employment services. Under this agreement, VA-VRE is designated as the primary financial provider for recognized and necessary services, training, medical treatment, and assistive technology.
Any specific services and/or needs identified by MRS, MCB, MCDC and VA-VRE, that are necessary to expedite determination of eligibility or to allow the veteran to participate in a rehabilitation program, may be provided by the appropriate contributing partner(s) of this agreement. These services include, but are not limited to, medical services, maintenance and transportation needs, assistive technology, case management and service delivery activities, employment assistance, and training.
REFERAL, ELIGIBILITY, AND SERVICE COORDINATION PROCEDURES
A. Definitions:
1.. Referring Agency: The Agency that initiates the exploration of interagency collaboration
2.. Prospective Agency: The agency to which a referral is being explored
3.. Partner Agencies: If a veteran is determined eligible for services from both the "referring" and "prospective" agencies, both agencies are defined as "partner agencies"
4.. Personal Contact: A phone call, in-person meeting or email (with appropriate releases signed by the veteran) to facilitate communication.
5.. Formal Referral: An exchange of information (e.g. releases, medical information, copies of rehabilitation plans etc.) to determine if the veteran is eligible for services from the prospective agency and/or to coordinate services.
B. Procedures:
1.. Exploration of an interagency referral is initiated by an agency as soon as it becomes apparent collaboration may facilitate the veteran's obtaining or maintaining competitive employment.
2.. As appropriate, referrals may be made to MCDC at any stage of the VR process. Similarly, MCDC may refer veterans to VA-VRE, MRS and MCB.
3.. The following instructions outline specific procedures and actions related to referral, eligibility determination, and service coordination, for the referring and prospective agencies. The instructions are correlated with the veteran's status (i.e. application, eligibility, service delivery) with the referring agency.
Application:
Referring Agency Actions
1. If the veteran is involved with a prospective agency, the counselor obtains appropriate releases and initiates personal contact (e.g. phone call, in-person meeting, email) with the agency to facilitate communication. A formal referral is not initiated.
2. If the veteran is not involved with a prospective agency, the counselor provides the veteran with information regarding prospective agencies. Personal contact or a formal referral is not initiated.
3. Referral to MCDC as appropriate.
Prospective Agency Actions
1. None
Eligibility Determination:
Referring Agency Actions
Veteran is Determined Ineligible by the Referring Agency:
1. If personal contact during application, or subsequent to application, indicated the veteran was involved with a prospective agency, a personal contact is made to inform the agency the veteran is ineligible for services.
2. In all cases, the veteran is provided with information regarding prospective agencies. Personal contact or a formal referral is not initiated
3. Referral to MCDC as appropriate.
Veteran is Determined Eligible by the Referring Agency:
1. A personal contact is made with the prospective agency if interagency collaboration may facilitate the veteran's VR program.
2. A formal referral is made to the prospective agency, if warranted, based on the personal contact.
3. If the veteran is eligible for services from both agencies, all subsequent VR services are coordinated, as appropriate, with the partner agency.
4. Referral to MCDC as appropriate.
Prospective Agency Actions:
Veteran is Determined Ineligible by the Prospective Agency:
1. The referring agency is informed of the ineligibility decision.
2. Referral to MCDC as appropriate.
Veteran is Determined Eligible by the Prospective Agency:
1. The referring agency is informed of the eligibility decision.
2. If the veteran is eligible for services from both agencies, all subsequent VR services are coordinated, as appropriate, with the partner agency.
3. Referral to MCDC as appropriate.
Service Delivery:
Partner Agency Actions
1. All actions and services, as appropriate, are coordinated between the partner agencies.
Generally, this coordination will follow a two-step process:
· Personal contact between the partner agencies to discuss and coordinate actions and/or services. This includes, as appropriate, discussion of all significant areas of mutual concern such as the development of the employment plan and subsequent amendments, rehabilitation progress and services, placement, and case closure.
· Finalization of agreed upon actions and/or services, based on the prior personal contact and exchange of documents, as appropriate.
2. Referral to MCDC as appropriate.
INFORMATION SHARING
With a signed release from the veteran, available records and other information will be shared between MRS, MCB and VA-VRE without cost and in a timely manner. Any information released by VA-VRE must be released through the VA Regional Office Public Contact Team. Any information shared by VA-VRE will be in compliance with HIPPA rules and VA-VRE Data Integrity Procedures.
Parties must adhere to the provisions of Public Law 104-191, Health
Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI), to the extent that such laws are applicable to them.
As required by HIPAA, the Department of Health and Human Services
(HHS) has promulgated rules governing the security and use and
disclosure of protected health information by covered entities, including
the Department of Veterans Affairs (VA). MRS and MCB agree not to
re-disclose any protected information received from the VA and to adhere
to the confidentiality requirements of their agencies, consistent with
34CFR 361.38.
The following materials will be included, as applicable, in the referral packet for a formal referral:
· Current contact information
· Current medical records
· Copy of the rehabilitation plan, if available
· Education and work history information
· Referral cover letter
· A signed release of information
· Veterans' psychological records will be released directly through the appropriate VA Medical Center with the veteran's written informed consent.
DISPUTE RESOLUTION
All agencies will adhere to their respective policies and procedures. Disputes between to parties will be settled at the lowest level possible.
The final level of interagency dispute resolution will be at the Director level for each of the agencies. Individual consumers may choose to use the
due process procedures of each of the parties as appropriate.
FORMS AND CONTACT INFORMATION
Agreed upon forms and contact information are to be used, as applicable, by all parties.
Carla Miller Haynes
LARA Bureau of Services for Blind Persons (BSBP)
201 N. Washington Square, 2nd Floor
P.O. Box 30652
Lansing, MI 48909
Telephone: 517-373-2063 or Toll-Free 1-800-292-4200
Fax: 517-335-5140
www.michigan.gov/bsbp
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