Date of Adoption: September 8, 2003.

     Purpose: The Division of Vocational Rehabilitation (DVR) is repealing WAC 490-500-520 Purchase of services -- Selection criteria -- Community rehabilitation programs; and establishing new chapter 388-892 WAC for DVR's contract purchase of vocational rehabilitation (VR) services from independent community-based VR service providers.

     Citation of Existing Rules Affected by this Order: Repealing WAC 490-500-520.

     Statutory Authority for Adoption: RCW 43.20A.310(2), 74.29.020(3) and 74.29.080(8).

      Adopted under notice filed as WSR 03-15-035 on July 9, 2003.

     Changes Other than Editing from Proposed to Adopted Version: Three changes were made in response to comments received regarding the proposed version.

     The following changes in chapter 388-892 WAC were made as a matter of DVR's concurrence with two comments received during the CR-102 stage of the formal rule-making process for this WAC:

•     A suggestion was received offering encouragement to create flexible time lines for delivery of DVR comprehensive vocational evaluation services.

     In response, WAC 388-892-0110 [(2)](d) has been amended to read "May be completed in three days or less but may vary, more or less, to accommodate the unique needs and abilities of individuals receiving this service."

•     A suggestion was received offering encouragement to include certified rehabilitation counselor (CRC) credentialing as a recognized qualification for individuals delivering DVR brief vocational assessment, comprehensive vocational evaluation, or situational assessment services.

     In response, WAC 388-892-0420(1) has been amended to add new subsection (c) which reads "Hold a current certification as a certified rehabilitation counselor (CRC) by the Commission on Rehabilitation Counselor Certification (CRCC) and have successfully completed three graduate level courses, from an accredited college or university, in vocational evaluation; standardized assessment; psychological testing and measurement; or any combination of the above mentioned coursework"; and

     WAC 388-892-0420(2) has been amended to add new subsection (e) which reads "Hold a current certification as a certified rehabilitation counselor (CRC) by the Commission on Rehabilitation Counselor Certification (CRCC) and have successfully completed three graduate level courses, from an accredited college or university, in vocational evaluation; standardized assessment; psychological testing and measurement; or any combination of the above mentioned coursework."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, 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 19, Amended 0, Repealed 1.

     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 19, Amended 0, Repealed 1.
     Effective Date of Rule: Thirty-one days after filing.

September 8, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) Vocational evaluation services,

     (2) Job placement/retention services,

     (3) Transitional employment services.

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     (1) "Brief" vocational assessment services are:

     (a) Paper and pencil tests, such as psychometric testing, personality testing, preference and interest inventories that identify an individual's work interests and abilities; and

     (b) Typically completed in one day or less.

     (2) Comprehensive vocational evaluation services:

     (a) Consist of tests and/or assessment methods designed to measure and document an individual's interests, values, work related-behaviors, aptitudes, skills, physical capacities, learning styles and training needs;

     (b) Are performed using a variety of techniques, i.e., assessment of functional/occupational performance in real or simulated environments, work samples, psychometric testing, preference and interest inventories, personality testing, personal interviews and analysis of prior work experience and transferable skills;

     (c) Identify at least three employment options that the individual could successfully perform either with or without training and long-term employment supports; and

     (d) May be completed in three days or less but may vary, more or less, to accommodate the unique needs and abilities of individuals receiving this service.

     (3) Situational assessment services are:

     (a) Experiences in which individuals perform work in an actual paid employment setting or other realistic work setting to identify an individual's unique work interests and abilities;

     (b) Conducted over a negotiated period of time depending on the individual's needs.

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     (2) There are two types of job placement/retention services--"general" and "specialized."

     (a) General job placement/retention services are provided for individuals who need job placement assistance without additional on-the-job supports.

     Individuals requiring general job placement/retention services may include, but are not limited to, those who meet one or more of the following conditions:

     (i) Graduated from high school or attained a GED;

     (ii) Successfully completed some post high school training, such as vocational/technical school or college academic program;

     (iii) Have a recent and/or stable work history;

     (iv) Were employed at the time of application for DVR services; or

     (v) Have a high level of gross motor skills and/or cognitive functioning.

     (b) Specialized job placement/retention services are provided for individuals who, as determined by DVR, require a high level of support prior to or during the initial phases of job placement and/or additional supports after job placement to achieve satisfactory job performance and retain the job.

     Individuals requiring specialized job placement/retention services may include, but not limited to, those who meet one or more of the following conditions:

     (i) Have received SSI/SSDI or other types of public assistance;

     (ii) Have received special education services;

     (iii) Did not graduate from high school or attain a GED;

     (iv) Have little or no work history;

     (v) Have not worked in the previous two years;

     (vi) Experience significant cognitive or sensory impairments; or

     (vii) Have a criminal history and/or are subject to a community protection order.

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     (1) Level 1 services are provided for individuals who, as determined by DVR, may require a high level of support prior to or during the initial phases of job placement but do not require ongoing supported employment services to maintain their job after DVR closes the case.

     (2) Level 2 services are provided for individuals who, as determined by DVR, require ongoing supported employment services to maintain their job after DVR closes the case.

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     (1) Meet the vocational rehabilitation needs of individuals with severe and persistent mental illness.

     (2) Assess and build an individual's skills and abilities in a real work setting.

     (3) Utilize the clubhouse programs model/international center for club house development (ICCD).

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     (2) A qualified provider is one that meets all DVR qualifications for a VR service contract as outlined in the RFQ.

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     (2) DVR may advertise the RFQ in a variety of ways, including but not limited to the DVR website, newspapers, and notices sent to potentially interested contractors.

     (3) The scope of work, fee to be paid, and contractor qualifications are defined in a separate RFQ and contract for each specific type of VR service:

     (a) Brief vocational assessment,

     (b) Comprehensive vocational evaluation,

     (c) Situational assessment,

     (d) General job placement/retention,

     (e) Specialized job placement/retention Level 1,

     (f) Specialized job placement/retention Level 2, and

     (g) Transitional employment.

     (4) Service providers, that are interested in obtaining a VR service contract as outlined in the RFQ, are instructed to submit their qualifications.

     (5) First time respondents that demonstrate full conformance to the uniform VR service contract qualifications, as outlined in this chapter, may be granted an initial VR service contract.

     (6) DVR may limit the number of VR service contracts it issues in a service delivery area as a result of an RFQ.

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     (1) Federal, state and local laws and DSHS regulations and policies;

     (2) Accessibility;

     (3) Safety and health;

     (4) Liability insurance coverage;

     (5) Having a system in place to report the effectiveness and efficiency of the provider's DVR services;

     (6) Having a system in place to gather and report DVR customer satisfaction;

     (7) DVR code of ethics and standards of practice;

     (8) Having a complaint and dispute resolution process in place for DVR customers;

     (9) Having current background checks in place for personnel serving DVR customers.

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     (a) Continue to meet all uniform VR service contract qualifications;

     (b) Have met DVR's performance standards established in the prior VR service contract; and

     (c) Meet the additional qualifications for each VR service to be offered.

     (2) Contractors that have been granted an initial VR service contract between RFQs have two years from the effective date of their initial VR service contract to meet the additional qualifications outlined in this chapter. If the contractor fails to provide documentation of conformance to the additional qualifications within two years from the effective date of the initial contract, DVR may terminate the existing VR service contract with ten days notice to the contractor.

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     (2) A separate RFQ is published for each specific type of VR service contract that outlines the additional contractor qualifications that are pertinent to that service.

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     (a) Qualified as a certified vocational evaluator (CVE) by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists (CCWAVES); or

     (b) Accredited in Comprehensive Vocational Evaluation Services by CARF - The Rehabilitation Accreditation Commission; or

     (c) Hold a current certification as a certified rehabilitation counselor (CRC) by the Commission on Rehabilitation Counselor Certification (CRCC) and have successfully completed three graduate level courses, from an accredited college or university, in vocational evaluation; standardized assessment; psychological testing and measurement; or any combination of the above mentioned coursework.

     (2) Individuals or organizations providing situational assessment services must maintain conformance to all uniform VR service contract qualifications, and be:

     (a) Qualified as a Certified Vocational Evaluator (CVE) by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists (CCWAVES); or

     (b) Accredited in employment planning services by CARF - The Rehabilitation Accreditation Commission; or

     (c) Licensed in employment services by the department of social and health services (DSHS)/mental health division (MHD); or

     (d) Certified by the International Center for Clubhouse Development (ICCD); or

     (e) Hold a current certification as a certified rehabilitation counselor (CRC) by the Commission on Rehabilitation Counselor Certification (CRCC) and have successfully completed three graduate level courses, from an accredited college or university, in vocational evaluation; standardized assessment; psychological testing and measurement; or any combination of the above mentioned coursework.

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     (2) There are no additional qualifications for organizations that provide general job placement/retention services.

     (3) Organizations that provide Levels 1 or 2 specialized job placement/retention services must also be:

     (a) Accredited in community employment services by CARF - The Rehabilitation Accreditation Commission; or

     (b) Licensed in employment services by the department of social and health services (DSHS)/mental health division (MHD); or

     (c) Certified by the International Center for Clubhouse Development (ICCD).

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     (1) Maintain conformance to all uniform VR service contract qualifications; and

     (2) Be certified by the International Center for Clubhouse Development (ICCD).

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     (1) DVR identifies geographic VR service delivery areas based on economic cost of living data.

     (2) Every two years or on an interval as announced in the contract RFQ, with input received from the service providers, DVR will establish and publish a scheduled of fixed payment fee for each contracted VR service.

     (3) All VR service contractors, within each geographic VR service delivery area, are paid the fixed payment fee for each contracted VR service.

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     (2) VR service contracts may be terminated for cause or convenience at any time by DVR or the contractor in accordance with the terms of the contract. The contractor's administrative remedies shall be limited to those specified in the contract.

     (3) Additionally, DVR may terminate all DVR individual case service delivery plans that are open with the contractor at the time their VR service contract is terminated. Termination provisions are outlined in the VR service contracts.

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     The following section of the Washington Administrative Code is repealed:

WAC 490-500-520

Purchase of services -- Selection criteria -- Community rehabilitation programs.

© Washington State Code Reviser's Office