PERMANENT RULES
SERVICES FOR THE BLIND
Date of Adoption: October 1, 2001.
Purpose: In the event that the Department of Services for the Blind does not have sufficient vocational rehabilitation funds to serve all eligible participants, the federal Vocational Rehabilitation Act requires that a system be established for giving "the most severely disabled" eligible participants priority for services. The proposed rules would establish the state's definition of "the most severely disabled," as well as priority categories, and would provide a description of how order of selection would be implemented.
Statutory Authority for Adoption: Federal Regulatory Authority for Order of Selection Rehabilitation Act of 1973, as amended, Section 101 (a)(5). 34 Code of Federal Regulations Part 361 Sec. 361.36 Ability to serve all eligible individuals; order of selection for services. Regulatory Authority for Information and Referral Services Rehabilitation Act of 1973, as amended, Section 101 (a)(20) Information and Referral services. 34 Code of Federal Regulations Part 361 Sec. 361.37 Information and referral services. The Rehabilitation Act of 1973, As Amended, Title I - Vocational Rehabilitation Services, Part A - General Provisions, Section 100 - Declaration of Policy.
Adopted under notice filed as WSR 01-14-064 on July 2, 2001.
Changes Other than Editing from Proposed to Adopted Version: Added sentence on authority to revoke order of priority.
Number of Sections Adopted in Order to Comply with Federal Statute: New 3, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
October 16, 2001
Rebecca Jensen
Confidential Secretary
OTS-5004.4
NEW SECTION
WAC 67-25-460
What if the department of services for the
blind (DSB) vocational rehabilitation (VR) program does not have
sufficient resources to serve all eligible individuals?
(1) The
purpose of an order of priority is to establish an equitable and
organized system which, when resources are not sufficient to meet
the demand for services, gives the first priority to those
eligible VR participants who meet the definition of "most
severely disabled," WAC 67-25-470(1).
(2) In the event that sufficient funds or other resources are not available to serve all VR eligible individuals, DSB will use a prioritized order, as established in subsection (3) of this section, for selection of individuals to develop and carry out an individualized plan for employment (IPE) supported by expenditure of VR funds.
(3) When the order of priority is in effect, eligible individuals will be assigned to one of two priority categories:
(a) First priority: New eligible participants who meet the definition of "most severely disabled."
(b) Second priority: New eligible participants who do not meet the definition of "most severely disabled."
(4) Eligible individuals can develop and carry out an IPE based on:
(a) The priority of the category to which they are assigned, and whether or not that category is open for development of new IPEs.
(b) And, the order in which they applied for DSB services as indicated by the date of application.
(5) Individuals who are receiving services under an IPE at the time an order of priority is implemented will continue to receive services as planned. They are not subject to the order of priority and are not a category within that order.
(6) The only services to individuals in a closed order of priority category will be information and referral services. These individuals will not receive counseling and guidance, assessment and training, placement, or other VR services until their category is reopened and they come off the waiting list.
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(2) A DSB vocational counselor will gather the information needed to determine whether an eligible participant meets the definition of "most severely disabled." If assessment services are to be purchased, the counselor will provide the participant with information about the providers available, so that the individual can make an informed choice.
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(2) Participants will be notified in writing of their category status when they are notified of their eligibility, as well as of the conditions pertaining to that category:
(a) Whether the category is open or closed.
(b) Their position on any existing waiting list.
(3) Participants will be placed in the highest priority category for which they are qualified. The date of application will be used whenever it is determined that a waiting list is required for a category.
(4) Participants will be notified of the right to appeal the category decision, and of their responsibility to notify the agency if their condition changes in a way that may affect their priority category placement.
(5) The order of priority will not affect the provision of services needed to determine eligibility WAC 67-25-015 through 67-25-110.
(6) Services being authorized or provided to any individual with an active IPE will not be disrupted as a result of the closing of a priority category.
(7) Comparable services and benefits will be applied, as appropriate, for participants with an IPE.
(8) Information and referral services will be provided to all eligible individuals affected by the closure of their priority category.
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