WSR 99-06-081

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitation Services Administration)

[ Filed March 2, 1999, 1:50 p.m. ]

Subject of Possible Rule Making: Vocational rehabilitation services.

The Division of Vocational Rehabilitation (DVR) plans to amend, repeal and/or add new rules regarding vocation rehabilitation services contained in the following Washington Administrative Code (WAC): 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 State-wide independent living council, and 490-500-635 State rehabilitation advisory council.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.29.020, the Rehabilitation Act of 1973, as amended through August 1998.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DVR needs to adopt and implement rules to comply with the August 1998 amendments to the Rehabilitation Act of 1973. The rules are intended to increase the rights and responsibilities of applicants and eligible individuals with disabilities resulting in full partnership with DVR in the vocational rehabilitation process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education, Rehabilitation Services Administration (RSA); Washington State Department of Services for the Blind (DSB); and Washington Rehabilitation Council (RC).

Process for Developing New Rule: DVR welcomes the public to take part in developing the rules. Anyone interested in participating should contact one of the staff persons indicated below. DVR plans to meet with stakeholder groups to solicit feedback on the proposed rules. After the rules are drafted, DVR will file a copy at the Office of the Code Reviser with a notice of the proposed rule making. DVR will send a copy of the proposed rules for review and comment to everyone currently on the mailing list and anyone else requesting a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Phyllis Hansen, Program Administrator, (360) 438-8047 (V/TTY), e-mail hansepa@dshs.wa.gov or Kelly Boston, Program Administrator, (360) 438-8026, e-mail bostok@dshs.wa.gov, at the Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504, 1-800-637-5627 (V/TTY), fax (360) 438-8007.

February 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office