WSR 02-20-043

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed September 25, 2002, 9:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-131.

Title of Rule: New chapter 388-891 WAC, Vocational rehabilitation services for individuals with disabilities.

PROPOSED NEW WAC NUMBERS AND CAPTIONS: WAC 388-891-0005 What is the purpose of this chapter?, 388-891-0010 What definitions apply to this chapter?, 388-891-0100 What personal information about me does DVR keep on file?, 388-891-0110 What happens if DVR receives information that indicates I have a previous history of behavior involving violent or predatory acts?, 388-891-0120 Can I ask DVR to change incorrect information in my case service record?, 388-891-0130 Can DVR share personal information in my record with others?, 388-891-0135 How does DVR protect personal information about drug, alcohol, HIV/AIDS and sexually transmitted diseases?, 388-891-0140 Can I obtain copies of information in my case service record?, 388-891-0150 How does DVR protect personal information that is released for audit, evaluation or research?, 388-891-0200 Can a guardian or another representative act on my behalf with DVR?, 388-891-0205 How do I ask for an exception to a rule in this chapter?, 388-891-0210 What happens after I submit a request for an exception?, 388-891-0215 What if a DVR counselor makes a decision about my VR services that I don't agree with?, 388-891-0220 What is the client assistance program?, 388-891-0225 What is mediation?, 388-891-0230 When can I ask for mediation?, 388-891-0235 Who arranges for mediation?, 388-891-0240 Is information discussed during mediation confidential?, 388-891-0250 What is a fair hearing?, 388-891-0255 How do I request a fair hearing?, 388-891-0260 After I submit a request for a fair hearing, when is it held?, 388-891-0265 What is a pre-hearing meeting?, 388-891-0270 Do I receive a written fair hearing decision?, 388-891-0275 Is the fair hearing decision final?, 388-891-0295 Can DVR suspend, reduce or terminate my services if I request a fair hearing?, 388-891-0300 Under what conditions does DVR provide and/or pay for vocational rehabilitation services to individuals?, 388-891-0310 What VR services are provided without determining whether services are available from another program or organization?, 388-891-0320 What if looking for services and benefits available from another program would delay or interrupt my progress toward achieving an employment outcome?, 388-891-0325 Does DVR pay for a VR service if services and benefits are available from another program or organization, but I don't want to use them?, 388-891-0330 Does DVR consider academic awards and scholarships as income?, 388-891-0340 How does DVR determine whether I must pay part of my DVR services using my own financial resources?, 388-891-0345 Do I have to pay a portion of my DVR services if I receive assistance or income support from another public program?, 388-891-0350 What financial information does DVR use to decide if I need to help pay for VR services?, 388-891-0355 How is the amount I pay for DVR services determined?, 388-891-0360 What personal resources are not counted in the decision about whether I have to help pay for services?, 388-891-0365 What VR program services am I not required to help pay for?, 388-891-0370 Can I select the services and service provider of my choice?, 388-891-0400 What is informed choice?, 388-891-0410 How does DVR support the informed choice process?, 388-891-0420 What if I don't know how to use the informed choice decision making process?, 388-891-0430 What decisions can I make using informed choice?, 388-891-0440 What information and assistance will DVR provide to help me make informed choices about VR services and service providers?, 388-891-0500 What happens if DVR cannot serve every eligible person?, 388-891-0510 How are individuals selected for services when DVR is operating under an order of selection?, 388-891-0520 What is the criteria for Priority Category 1 -- Individuals with Most Severe Disabilities?, 388-891-0530 What is the criteria for Priority Category 2 -- Individuals with Severe Disabilities?, 388-891-0540 What is the criteria for Priority Category 3 -- Individuals with Disabilities?, 388-891-0600 What vocational rehabilitation services are available to individuals from DVR?, 388-891-0605 What are assessment services?, 388-891-0610 What are independent living services and/or evaluation?, 388-891-0615 What are information and referral services?, 388-891-0620 What are interpreter services?, 388-891-0625 What are job placement services?, 388-891-0630 What are job retention services?, 388-891-0635 What are maintenance services?, 388-891-0640 What are occupational licenses?, 388-891-0645 What are personal assistance services?, 388-891-0650 What are physical and mental restoration services?, 388-891-0655 What are the medical treatments DVR does not pay for?, 388-891-0660 What is rehabilitation technology?, 388-891-0665 Under what conditions does DVR provide vehicle modifications as a rehabilitation technology service?, 388-891-0670 What types of insurance can DVR pay for?, 388-891-0675 What types of assistive technology insurance can DVR pay for?, 388-891-0680 What types of assistive technology warranties can DVR pay for?, 388-891-0685 What are self-employment services?, 388-891-0690 What vocational rehabilitation services can DVR provide to my member(s)?, 388-891-0695 What types of child care does DVR provide to my family members?, 388-891-0700 What is substantial counseling and guidance?, 388-891-0710 What are training services?, 388-891-0715 What is on-the-job training?, 388-891-0720 What is post-secondary training?, 388-891-0725 What is technical or vocational training?, 388-891-0730 What is basic education/literacy training?, 388-891-0735 What is community rehabilitation program (CRP) training?, 388-891-0740 What other training does DVR provide?, 388-891-0745 What conditions apply to receiving training services at an institution of higher education?, 388-891-0750 Can I receive training services from a private school, an out-of-state training agency or an out-of-state college?, 388-891-0755 What transition services does DVR provide to high school students?, 388-891-0760 What are translation services?, 388-891-0765 What are transportation services?, 388-891-0770 Under what conditions does DVR provide a vehicle?, 388-891-0775 What happens if DVR has a question about my driving safety?, 388-891-0780 What other services does DVR provide?, 388-891-0790 What are post-employment services?, 388-891-0800 What is supported employment?, 388-891-0810 Who is eligible for supported employment?, 388-891-0815 Who decides if I am eligible for supported employment?, 388-891-0820 What is competitive work in supported employment?, 388-891-0825 What is an integrated setting in supported employment?, 388-891-0830 Is my work setting integrated if my interactions at the work site are with nondisabled supported employment service providers?, 388-891-0835 What is transitional employment?, 388-891-0840 What are supported employment services?, 388-891-0845 What are ongoing support services?, 388-891-0850 What are extended services?, 388-891-0855 Does DVR provide extended services?, 388-891-0860 Who provides the extended services I need?, 388-891-0865 What is natural support?, 388-891-0870 Are supported employment services time-limited?, 388-891-0875 What is required for me to change from supported employment services to extended services?, 388-891-0880 What happens if my DVR counselor and I do not find a source for extended services and/or we cannot establish natural supports during the initial 18 months of my individualized plan for employment?, 388-891-0885 Under what conditions does DVR close my case service record for supported employment?, 388-891-0890 Under what conditions does DVR provide supported employment services as post-employment services?, 388-891-0900 Who can apply for vocational rehabilitation services?, 388-891-0910 Am I required to provide proof of my identity and work status?, 388-891-0920 If I don't live in Washington, can I receive VR services?, 388-891-0930 Can I receive VR services if I am legally blind?, 388-891-0940 Can I receive VR services if I am Native American?, 388-891-0950 How do I contact DVR if I don't speak English?, 388-891-0960 What other methods of communication does DVR use?, 388-891-0970 Does DVR translate written communication for people who don't speak English?, 388-891-0980 How do I apply for VR services?, 388-891-1000 Who is eligible to receive VR services?, 388-891-1005 How does DVR determine if I am eligible?, 388-891-1010 After I submit my application to DVR, how long does it take DVR to make an eligibility decision?, 388-891-1015 What if a DVR counselor cannot presume that I am capable of working as a result of receiving VR services because of the significance of my disability?, 388-891-1020 Am I eligible for VR services if I receive Social Security disability benefits?, 388-891-1025 What criteria are not considered in the eligibility decision?, 388-891-1030 What is involved in a trial work experience?, 388-891-1035 What if I cannot participate in a trial work experience?, 388-891-1040 What is an extended evaluation?, 388-891-1045 What happens if DVR determines that I am not eligible or no longer eligible for VR services?, 388-891-1050 If I am not eligible for DVR services, can DVR help me find other services and programs to meet my needs?, 388-891-1100 What is an assessment for determining vocational rehabilitation needs?, 388-891-1105 Do I have to disclose criminal history information to DVR?, 388-891-1110 What other assessments might be required?, 388-891-1115 What is an individualized plan for employment (IPE)?, 388-891-1120 Who develops an IPE?, 388-891-1125 What information does DVR provide to help me develop my IPE?, 388-891-1130 What are the options for developing an IPE?, 388-891-1135 Does DVR support any job I choose?, 388-891-1140 What must be included on the IPE form?, 388-891-1145 When does the IPE become effective?, 388-891-1150 Is the IPE reviewed and updated?, 388-891-1200 Under what conditions does DVR loan equipment, devices or other items to me?, 388-891-1210 What if I need an item customized for my own personal needs?, 388-891-1220 What conditions apply to the use of a device, tool, piece of equipment or other item that is loaned to me?, 388-891-1230 What happens if I fail to return a device, tool, piece of equipment or other item if requested by DVR?, 388-891-1240 What happens to a device, tool, piece of equipment or other item if I need it when my DVR case service record is closed?, 388-891-1300 Why does DVR close a case service record?, 388-891-1310 How does DVR determine that I have achieved an employment outcome?, 388-891-1320 Am I involved in the decision to close my case?, and 388-891-1330 Under what conditions does DVR follow up with me after my case is closed?

WACs TO BE REPEALED: WAC 388-890-0005 What is the purpose of this chapter?, 388-890-0010 What definitions apply to this chapter?, 388-890-0015 What is informed choice?, 388-890-0020 How does DVR support the informed choice process?, 388-890-0025 What decisions can I make using informed choice?, 388-890-0030 What if I don't know how to use the informed choice decision making process?, 388-890-0035 Who is eligible to receive VR services?, 388-890-0040 How does DVR determine whether VR services will enable me to work?, 388-890-0045 Am I eligible for VR services if I receive Social Security disability benefits?, 388-890-0050 What criteria are not considered in the eligibility decision?, 388-890-0055 What information does DVR use to make an eligibility decision?, 388-890-0060 After I submit my application to DVR, how long does it take DVR to make an eligibility decision?, 388-890-0065 What happens if DVR determines that I am not eligible?, 388-890-0070 If I am not eligible for VR services, can DVR help me find other services and programs to meet my needs?, 388-890-0071 If I am eligible for or ineligible for VR services, how will I be notified?, 388-890-0075 Who can apply for vocational rehabilitation services?, 388-890-0080 Can I receive VR services if I am not a United States citizen?, 388-890-0085 Am I required to provide proof of my identity and work status?, 388-890-0090 If I don't live in Washington, can I receive VR or IL program services?, 388-890-0095 Can I receive VR services if I am legally blind?, 388-890-0100 Can I receive VR or IL program services if I am Native American?, 388-890-0105 How do I apply for VR services?, 388-890-0110 Under what general conditions does DVR provide vocational rehabilitation services to individuals?, 388-890-0115 Can I ask for an exception to a rule or a condition relating to VR services?, 388-890-0120 How do I ask for an exception to a rule or condition in this chapter?, 388-890-0125 What happens if the service I want exceeds what I need or is more expensive than a similar service?, 388-890-0130 Can a guardian or another representative act on my behalf?, 388-890-0135 What is the purpose of vocational rehabilitation (VR) services?, 388-890-0140 How do I know which VR services are right for me?, 388-890-0145 What vocational rehabilitation services are available to individuals from DVR?, 388-890-0150 What are assessment services?, 388-890-0155 To determine whether I am eligible for VR services, who decides what assessment services I need and where to get the assessment services?, 388-890-0160 If I need assessment services to help me choose an employment goal and what VR services I need, who decides what assessment services I need and where to get the assessment services?, 388-890-0165 What if I already have assessment information to help me and DVR make the decisions we need to make?, 388-890-0170 How do I provide needed assessment information to DVR?, 388-890-0175 What is an assistive technology device?, 388-890-0180 Under what conditions does DVR provide and issue assistive technology devices?, 388-890-0185 Under what conditions does DVR provide vehicle modifications?, 388-890-0190 What are assistive technology services?, 388-890-0195 Under what conditions does DVR provide assistive technology services?, 388-890-0200 What are counseling and guidance services?, 388-890-0210 Under what conditions does DVR provide counseling and guidance services?, 388-890-0220 What are independent living services?, 388-890-0225 Under what conditions does DVR provide independent living services?, 388-890-0230 What are interpreter services?, 388-890-0235 Under what conditions can I receive interpreter services?, 388-890-0240 What are job placement and job retention services?, 388-890-0245 Under what conditions can I receive job placement and job retention services?, 388-890-0250 What are maintenance services?, 388-890-0255 Under what conditions does DVR provide maintenance services?, 388-890-0260 What are occupational licenses?, 388-890-0265 Under what conditions can I get an occupational license?, 388-890-0270 What other goods and services does DVR provide?, 388-890-0275 Under what conditions does DVR provide and issue other goods and services?, 388-890-0280 What are personal assistance services?, 388-890-0285 Under what conditions does DVR provide or pay for personal assistance services?, 388-890-0290 What are the physical and mental restoration services DVR provides?, 388-890-0295 Under what conditions does DVR provide physical and mental restoration services?, 388-890-0300 What are the medical treatments DVR does not pay for?, 388-890-0305 What are post-employment services?, 388-890-0310 Under what conditions does DVR provide post-employment services?, 388-890-0315 What are reader services?, 388-890-0320 Under what conditions does DVR provide reader services?, 388-890-0325 What are referral services?, 388-890-0330 Under what conditions does DVR provide referral services?, 388-890-0335 What is rehabilitation engineering?, 388-890-0340 Under what conditions does DVR provide rehabilitation engineering?, 388-890-0345 What are self-employment services?, 388-890-0350 Under what conditions does DVR provide self-employment services and issue items for self-employment?, 388-890-0355 What are services to family members?, 388-890-0360 Under what conditions does DVR provide services to my family members?, 388-890-0365 What are supported employment services?, 388-890-0370 What are tools, equipment, initial stocks and supplies?, 388-890-0375 Under what conditions does DVR provide and issue tools, equipment, initial stocks and supplies?, 388-890-0380 What are training services?, 388-890-0385 What is on-the-job training?, 388-890-0390 Under what conditions does DVR provide on-the-job training?, 388-890-0395 Under what conditions does DVR provide training services and issue items for training?, 388-890-0400 Do I have to apply for a student loan to pay for training services?, 388-890-0405 Can I receive training services from a private school, an out-of-state training agency or an out-of-state college?, 388-890-0410 What are transition services?, 388-890-0415 Under what conditions does DVR provide transition services?, 388-890-0420 How does DVR coordinate with public high schools to provide transition services?, 388-890-0425 How does DVR help me plan transition services?, 388-890-0430 Who decides what transition services I get from DVR?, 388-890-0435 What activities does DVR support after I leave high school?, 388-890-0440 What are transportation services?, 388-890-0445 Under what conditions does DVR provide transportation services?, 388-890-0450 Under what conditions does DVR provide and issue a vehicle?, 388-890-0455 Under what conditions does DVR issue a device, tool, piece of equipment or other item I need to participate in VR services or to get a job?, 388-890-0460 What conditions apply to the use of a device, tool, piece or equipment or other item that is issued to me?, 388-890-0465 What types of devices, tools, pieces of equipment or other items can DVR issue to me?, 388-890-0470 Does DVR issue new or used devices, tools, pieces of equipment, or other items?, 388-890-0475 What happens if I fail to return a device, tool, piece of equipment or other item if requested by DVR?, 388-890-0480 What happens to a device, tool, piece of equipment or other item if I need it when my DVR case service record is closed?, 388-890-0485 What is an individualized plan for employment (IPE)?, 388-890-0490 How do I develop an IPE?, 388-890-0495 What information does DVR give me to develop my IPE?, 388-890-0500 Who makes decisions about what to include on my IPE?, 388-890-0505 Can I include any VR services I want on my IPE?, 388-890-0510 What if the employment goal I choose is religious in nature?, 388-890-0515 What must be included on my IPE?, 388-890-0520 Who signs the IPE?, 388-890-0525 Is the IPE reviewed and updated?, 388-890-0530 Why does DVR close a case service record?, 388-890-0535 Under what conditions does DVR determine that I am working and no longer need VR services?, 388-890-0540 Am I involved in the decision to close my case?, 388-890-0545 What is competitive employment?, 388-890-0550 What is extended employment?, 388-890-0555 If the job I get is in extended employment, what follow-up does DVR provide?, 388-890-0560 Under what conditions does DVR follow up with me if I am determined ineligible for VR services?, 388-890-0570 What is supported employment?, 388-890-0575 Who is eligible for supported employment?, 388-890-0580 Who decides if I am eligible for supported employment?, 388-890-0585 What is competitive work in supported employment?, 388-890-0590 What is an integrated setting in supported employment?, 388-890-0595 Is my work setting integrated if my interactions at the work site are with nondisabled supported employment service providers?, 388-890-0600 What is transitional employment?, 388-890-0605 What are supported employment services?, 388-890-0610 What are ongoing support services?, 388-890-0615 Under what conditions does DVR provide supported employment services?, 388-890-0620 What is included on my individualized plan for supported employment?, 388-890-0625 What are extended services?, 388-890-0630 Does DVR provide extended services?, 388-890-0635 Who provides the extended services I need?, 388-890-0640 What is natural support?, 388-890-0645 Are supported employment services time-limited?, 388-890-0650 What is required for me to change from supported employment services to extended services?, 388-890-0655 What happens if my VR counselor and I do not find a source for extended services and/or we cannot establish natural supports during the initial eighteen months of my individualized plan for employment?, 388-890-0660 Under what conditions does DVR close my case service record for supported employment?, 388-890-0665 Under what conditions does DVR provide supported employment services as post-employment services?, 388-890-0670 What is a trial work experience?, 388-890-0675 What happens during a trial work experience?, 388-890-0680 Who decides if a trial work experience is needed to determine if I am eligible for DVR services?, 388-890-0685 What services does DVR provide during a trial work experience?, 388-890-0690 What if I am too significantly disabled to participate in a trial work experience?, 388-890-0695 What choices can I make about the trial work experience?, 388-890-0700 Am I evaluated during the trial work experience?, 388-890-0705 When does DVR make an eligibility decision when I am in a trial work experience?, 388-890-0710 Are there any vocational rehabilitation services that can be provided to a group of individuals with disabilities?, 388-890-0715 Under what conditions does DVR provide services to a group of individuals with disabilities to establish, develop or improve a community rehabilitation program?, 388-890-0720 Under what conditions does DVR provide services to a group of individuals with disabilities that cannot be purchased under an individual IPE?, 388-890-0725 Under what conditions does DVR provide consulting and/or technical assistance to plan for the transition of students with disabilities?, 388-890-0730 What if DVR does not have funding to serve all eligible individuals?, 388-890-0745 If DVR has to decide in what category to place me, who decides what assessment services I need and where to get the assessment services?, 388-890-0750 What categories are used by DVR to determine the priority by which eligible individuals are served and in what order are the categories prioritized?, 388-890-0755 What information does DVR use to determine whether I am in category one?, 388-890-0760 What information does DVR use to determine whether I am in category two?, 388-890-0765 What information does DVR use to determine whether I am in category three?, 388-890-1100 How are costs for VR and IL program services paid?, 388-890-1110 What are comparable services and benefits?, 388-890-1115 What VR or IL program services are provided without a determination of comparable services or benefits?, 388-890-1120 What if determining the availability of comparable services and benefits would result in a delay or interrupt my progress?, 388-890-1125 What is extreme medical risk?, 388-890-1130 Does DVR pay for a service if comparable services and benefits are available, but I don't want to use them?, 388-890-1135 Are awards and scholarships based on merit considered comparable services and benefits?, 388-890-1140 How do I get comparable services and benefits?, 388-890-1145 How does DVR determine whether I pay for all or part of my VR or IL services using my own financial resources?, 388-890-1150 Do I have to report my financial status if I receive public assistance or income support from another public program?, 388-890-1155 What financial information does DVR use to decide if I need to help pay for VR services?, 388-890-1160 Are any of my resources not counted in the decision about whether I have to help pay for services?, 388-890-1165 How does DVR decide whether I have resources to help pay for VR services?, 388-890-1170 How is the amount I pay for VR or IL program services determined?, 388-890-1175 What VR or IL program services am I not required to help pay for?, 388-890-1180 What if a VR counselor makes a decision about my VR services that I don't agree with?, 388-890-1185 What is the client assistance program (CAP)?, 388-890-1190 What is mediation?, 388-890-1195 When can I ask for mediation?, 388-890-1200 Who arranges and pays for mediation?, 388-890-1205 Is information discussed during mediation confidential?, 388-890-1210 How do I request mediation?, 388-890-1215 After the mediation session, do I receive a written statement of the results?, 388-890-1220 What is a formal hearing?, 388-890-1225 When is a formal hearing available?, 388-890-1230 How do I request a formal hearing?, 388-890-1235 After I submit a request for a formal hearing, when is it held?, 388-890-1240 Do I receive a written formal hearing decision?, 388-890-1245 Is the decision after a formal hearing final?, 388-890-1250 Can DVR suspend, reduce or terminate my services while waiting for a formal hearing decision?, 388-890-1255 How do I know what personal information I must give DVR and how it is used?, 388-890-1260 Does DVR keep a record of my VR services on file?, 388-890-1265 Under what conditions does DVR share personal information in my record with another service provider or organization?, 388-890-1270 When DVR gets personal information about me from another agency or service provider, is it kept confidential?, 388-890-1275 Does DVR change incorrect information in my record?, 388-890-1280 How do I receive copies of information from my DVR record?, 388-890-1285 Can DVR release personal information without my written consent?, 388-890-1290 Under what conditions does DVR release personal information for audit, evaluation or research?, 388-890-1295 How does DVR protect personal information about drug, alcohol, HIV/AIDS and sexually transmitted diseases?, 388-890-1300 How do I contact DVR if I don't speak English?, 388-890-1305 What other methods of communication does DVR use?, and 388-890-1310 When does DVR communicate with me using methods other than English?

Purpose: To repeal old rehabilitation rules and adopt new rules to comply with the August 1998 amendments to the Rehabilitation Act of 1973, the United States Department of Education regulations including 34 C.F.R. Part 361 State Vocational Rehabilitation Services Program, 34 C.F.R. Part 363 State Supported Employment Services Program, chapter 74.29 RCW for rehabilitation services for individuals with disabilities, chapter 43.19 RCW for purchasing and loaning equipment, RCW 43.43.832 for background check requirements for in-home or relative child care providers, and RCW 4.24.550, 71.09.340, 9A.44.130 and chapter 26.44 RCW regarding sex offenders. These rules are written to comply with the Governor's Executive Order 97-02 regulatory improvement.

Other Identifying Information:

Conversion table of WACs in chapter 388-890 WAC to be repealed, and corresponding new rules in chapter 388-891 WAC


Repealed WAC # Proposed as New WAC #
388-890-0005 388-891-0005
388-890-0010 388-891-0010
388-890-0015 388-891-0400
388-890-0020 388-891-0410
388-890-0025 388-891-0430
388-890-0030 388-891-0420
388-890-0035 388-891-1000
388-890-0040 388-891-1005
388-890-0045 388-891-1020
388-890-0050 388-891-1025
388-890-0055 388-891-1005
388-890-0060 388-891-1010
388-890-0065 388-891-1045
388-890-0070 388-891-1050
388-890-0071 388-891-1045
388-890-0075 388-891-0900
388-890-0080 388-891-0910
388-890-0085 388-891-0910
388-890-0090 388-891-0920
388-890-0095 388-891-0930
388-890-0100 388-891-0940
388-890-0105 388-891-0980
388-890-0110 388-891-0300
388-890-0115 None
388-890-0120 Subject matter divided into

388-891-0205

388-891-0210

388-890-0125 388-891-0370
388-890-0130 388-891-0200
388-890-0135 None
388-890-0140 Subject matter divided into

388-891-0400

388-891-0410

388-891-0420

388-891-0430

388-891-0440

388-890-0145 388-891-0600
388-890-0150 388-891-0605
388-890-0155 Subject matter divided into

388-891-0430

388-891-1005

388-890-0160 388-891-0430
388-890-0165 Subject matter divided into

388-891-1005

388-891-1100

388-890-0170 None
388-890-0175 388-891-0660
388-890-0435 None
388-890-0440 388-891-0765
388-890-0445 Subject matter divided into

388-891-0300

388-891-0765

388-890-0450 Subject matter divided into

388-891-0300

388-891-0370

388-891-0770

388-891-0775

388-891-0400

388-891-0410

388-891-0420

388-391-0440

388-890-0455 Subject matter divided into

388-891-0300

388-891-1200

388-890-0460 388-891-1220
388-890-0465 Subject matter divided into

388-891-1200

388-891-1210

388-890-0470 388-891-1200
388-890-0475 388-891-1230
388-891-0480 388-891-1240
388-890-0485 388-891-1115
388-890-0490 388-891-1130
388-890-0495 388-891-1125
388-890-0500 388-891-1115
388-890-0505 Subject matter divided into

388-891-0370

388-891-1140

388-890-0510 None
388-890-0515 388-891-1140
388-890-0520 388-891-1145
388-890-0525 388-891-1150
388-890-0530 388-891-1300
388-890-0535 388-891-1310
388-890-0540 388-891-1320
388-890-0545 388-891-0010
388-890-0550 388-891-0010
388-890-0555 388-891-1330
388-890-0560 388-891-1330
388-890-0570 388-891-0800
388-890-0575 388-891-0810
388-890-0580 388-891-0815
388-890-0585 388-891-0820
388-890-0180 Subject matter divided into 388-891-0300

388-891-1200

388-891-1210

388-891-1220

388-891-1230

388-891-1240

388-890-0185 388-891-0665
388-890-0190 388-891-0660
388-890-0195 388-891-0300
388-890-0200 388-891-0700
388-890-0210 388-891-0700
388-890-0220 388-891-0610
388-890-0225 388-891-0300
388-890-0230 388-891-0620
388-890-0235 388-891-0300
388-890-0240 Subject matter divided into 388-891-0625

388-891-0630

388-890-0245 388-891-0300
388-890-0250 388-891-0635
388-890-0255 388-891-0300
388-890-0260 388-891-0640
388-890-0265 388-891-0300
388-890-0270 388-891-0780
388-890-0275 Subject matter divided into 388-891-0300

388-891-1200

388-891-1210

388-891-1220

388-891-1230

388-891-1240

388-890-0280 388-891-0645
388-890-0285 Subject matter divided into

388-891-0300

388-891-0645

388-890-0290 388-891-0650
388-890-0295 Subject matter divided into

388-891-0300

388-891-0650

388-890-0300 388-891-0655
388-890-0305 388-891-0790
388-890-0310 Subject matter divided into

388-891-0300

388-891-0790

388-890-0315 388-891-0645
388-890-0320 388-891-0300
388-890-0325 388-891-0615
388-890-0590 388-891-0825
388-890-0595 388-891-0830
388-890-0600 388-891-0835
388-890-0605 388-891-0840
388-890-0610 388-891-0845
388-890-0615 Subject matter divided into

388-891-0300

388-891-0810

388-890-0620 388-891-1140
388-890-0625 388-891-0850
388-890-0630 388-891-0855
388-890-0635 388-891-0860
388-890-0640 388-891-0865
388-890-0645 388-891-0870
388-890-0650 388-891-0875
388-890-0655 388-891-0880
388-890-0660 388-891-0885
388-890-0665 388-891-0890
388-890-0670 388-889-1030
388-890-0675 388-891-1030
388-890-0680 388-891-1015
388-890-0685 388-891-1030
388-890-0690 388-891-1035
388-890-0695 Subject matter divided into

388-891-1030

388-891-0430

388-890-0700 388-891-1030
388-890-0705 388-891-1030
388-890-0710 None
388-890-0715 None
388-890-0720 None
388-890-0725 None
388-890-0730 388-891-0500
388-890-0745 Subject matter divided into

388-891-1005

388-891-0430

388-890-0750 388-891-0510
388-890-0755 388-891-0520
388-890-0760 388-891-0530
388-890-0765 388-891-0540
388-890-1100 388-891-0300
388-890-1110 388-891-0300
388-890-1115 388-891-0310
388-890-1120 388-891-0320
388-890-1125 388-891-0320
388-890-1130 388-891-0325
388-890-1135 None
388-890-1140 None
388-890-1145 388-891-0340
388-890-1150 388-891-0345
388-890-0330 Subject matter divided into

388-891-0300

388-891-1050

388-890-0335 388-891-0660
388-890-0340 388-891-0300
388-890-0345 388-891-0685
388-890-0350 Subject matter divided into

388-891-0300

388-891-1200

388-891-1210

388-891-1220

388-891-1230

388-891-1240

388-891-0685

388-890-0355 388-891-0690
388-890-0360 Subject matter divided into 388-891-0300

388-891-0695

388-890-0365 388-891-0840
388-890-0370 388-891-0705
388-890-0375 Subject matter divided into

388-891-0300

388-891-1200

388-891-1210

388-891-1220

388-891-1230

388-891-1240

388-890-0380 388-891-0710
388-890-0385 388-891-0715
388-890-0390 Subject matter divided into

388-891-0300

388-891-0715

388-890-0395 Subject matter divided into

388-891-0300

388-891-1200

388-891-1210

388-891-1220

388-891-1230

388-891-1240

388-891-0745

388-890-0400 388-891-0745
388-890-0405 388-891-0750
388-890-0410 388-891-0755
388-890-0415 Subject matter divided into

388-891-0300

388-891-0755

388-890-0420 None
388-890-1155 388-891-0350
388-890-1160 388-891-0360
388-890-1165 388-891-0355
388-890-1170 388-891-0355
388-890-1175 388-891-0365
388-890-1180 388-891-0215
388-890-1185 388-891-0220
388-890-1190 388-891-0225
388-890-1195 388-891-0230
388-890-1200 388-891-0235
388-890-1205 388-891-0240
388-890-1210 None
388-890-1215 388-891-0245
388-890-1220 388-891-0250
388-890-1225 388-891-0255
388-890-1230 388-891-0255
388-890-1235 388-891-0260
388-890-1240 388-891-0270
388-890-1245 388-891-0275
388-890-1250 388-891-0295
388-890-1255 None
388-890-1260 388-891-0100
388-890-1265 388-891-0130
388-890-1270 388-891-0130
388-890-1275 388-891-0120
388-890-1280 388-891-0140
388-890-1285 388-891-0130
388-890-1290 388-891-0150
388-890-1295 388-891-0135
388-890-1300 388-891-0950
388-890-1305 388-891-0960
388-890-1310 388-891-0960
No previous WAC 388-891-0110
No previous WAC 388-891-0265
No previous WAC 388-891-0330
No previous WAC 388-891-0670
No previous WAC 388-891-0675
No previous WAC 388-891-0680
No previous WAC 388-891-0720
No previous WAC 388-891-0725
No previous WAC 388-891-0730
No previous WAC 388-891-0735
No previous WAC 388-891-0740
No previous WAC 388-891-0760
No previous WAC 388-891-0970
No previous WAC 388-891-1040
No previous WAC 388-891-1105
No previous WAC 388-891-1110
388-890-0425 Subject matter divided into

388-891-0400

388-891-0410

388-891-0420

388-891-0430

388-891-0440

388-891-0755

388-890-0430 Subject matter divided into

388-891-0400

388-891-0410

388-891-0420

388-891-0430

388-891-0440

388-891-0755

No previous WAC 388-891-1120
No previous WAC 388-891-1135

Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.

Statute Being Implemented: August 1998 amendments to the Rehabilitation Act of 1973, 34 C.F.R. Part 361 and 34 C.F.R. Part 363, chapters 74.29, 43.19 RCW, RCW 43.43.832, 4.24.550, 71.09.340, 9A.44.130, chapter 26.44 RCW.

Summary: The rules inform the public about the rehabilitation services and/or benefits provided by the Division of Vocational Rehabilitation (DVR) and the conditions under which DVR provides them.

Reasons Supporting Proposal: To comply with the statutes and federal rules as indicated in Title of Rule and Statutory Authority for Adoption above.

Name of Agency Personnel Responsible for Drafting: Phyllis Hansen, Program Administrator, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8047/VTTY; Implementation and Enforcement: Mike O'Brien, Director, Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, (360) 438-8008.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, United States Department of Education, Code of Federal Regulations including 34 C.F.R. Part 361 and 34 C.F.R. Part 363.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules inform the public what rehabilitation services and/or benefits are provided by DSHS, Division of Vocational Rehabilitation (DVR) and under what conditions DVR provides the services and/or benefits. Major areas covered include: Protection and use of confidential information, customer rights, paying for VR services, informed choice, order of selection, vocational rehabilitation services, supported employment, applying for VR services, eligibility, individualized plan for employment development, loaning equipment, and case closure.

The rules are intended to clarify the rights and responsibilities of DVR applicants and eligible individuals with disabilities, clarify the order of selection process, clarify presumptive eligibility for SSI and SSDI recipients, clarify the development of individualized plans for employment and support DVR's mission to help people with disabilities go to work. The new rules are organized for ease in customer use and simplified for clear understanding.

Proposal Changes the Following Existing Rules: DVR is repealing about two-thirds of the old program rules in chapter 388-890 WAC and replacing them with new rules in chapter 388-891 WAC. The subject matter remaining in chapter 388-890 WAC will all be on the DVR independent living services program.

The new vocational rehabilitation rules are reorganized in a different sequence according to customer interest and use. Major content changes include: Adding and changing definitions, changes to the rights and responsibilities of DVR applicants and eligible individuals with disabilities including disclosure of a history of violent or predatory behavior and criminal history, changes in documentation requirements in case service records, new presumptive eligibility for SSI and SSDI recipients, the addition of extended evaluation as a tool to determine eligibility, changes in the use of comparable services and benefits, changes in selection of services and service providers, and changes to the scope of VR services and the conditions under which some VR services are provided.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not regulate any businesses. The proposed rules regulate the prevision of vocational rehabilitation services and anyone interested in receiving vocational rehabilitation services from DVR and provide information to anyone interested.

RCW 34.05.328 applies to this rule adoption. The rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been prepared. To obtain a copy, contact Phyllis Hansen, DVR Program Administrator, P.O. Box 45340, Olympia, WA 98504-5340, phone (360) 438-8047 V/TTY, e-mail hansepa@dshs.wa.gov.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 26, 2002, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 12, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., November 26, 2002.

Date of Intended Adoption: Not earlier than November 27, 2002.

September 20, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3135.6
Chapter 388-891 WAC

VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WITH DISABILITIES

PURPOSE
NEW SECTION
WAC 388-891-0005   What is the purpose of this chapter?   This chapter explains the types of vocational rehabilitation services (referred to as "VR services" in this chapter) available to individuals who are eligible through the department of social and health services (DSHS), division of vocational rehabilitation (DVR).

VR services are offered to assist individuals with disabilities to prepare for, get, and keep jobs that are consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. This chapter is consistent with the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1998 and codified in 34 Code of Federal Regulations, Parts 361 and 363 and with state laws and DSHS requirements.

[]

DEFINITIONS
NEW SECTION
WAC 388-891-0010   What definitions apply to this chapter?   "Competitive employment" means:

(1) Part-time or full-time work in a job that is available to all qualified individuals;

(2) Work that is performed in an integrated setting;

(3) Work for which an individual is paid at or above the minimum wage; and

(4) Work for which an individual earns the same wages and benefits as other employees doing similar work who are not disabled.

"Employment outcome" means competitive employment, supported employment, self-employment, telecommuting, business ownership, or any other type of employment in an integrated setting that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

"Extended employment" means work in a nonintegrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act.

"Extreme medical risk" means medical conditions that are likely to result in substantial physical or mental impairments or death if services, including mental health services, are not provided quickly.

"Family member" means a person who is your relative or legal guardian; or someone who lives in the same household as you and has a substantial interest in your well being.

"Individual with a disability" means an individual:

(1) Who has a physical or mental impairment;

(2) Whose impairment results in a substantial impediment (medical, psychological, vocational, educational, communication, and others) hindering her or his ability to achieve an employment outcome; and

(3) Who can achieve an employment outcome as a result of receiving VR services.

"Integrated setting" means:

(1) The setting in which you receive a VR service is integrated if it is a setting commonly found in the community (such as a store, office or school) where you come into contact with nondisabled people while you are receiving the service. The nondisabled people you come into contact with are not the same people providing VR services to you.

(2) The setting in which you work is integrated if it is a setting commonly found in the community where you come into contact with nondisabled people as you do your work. The amount of contact you have with nondisabled people is the same as what a nondisabled person in the same type of job would experience.

"Most recent tax year" means the most recent calendar year for which you filed or were required to file and income tax return with the United States Internal Revenue Service (IRS).

"Physical, mental or sensory impairment" means:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(2) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

"Representative" means any person chosen by an applicant or eligible individual, including a parent, family member or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

"Substantial impediment to employment" means the limitations you experience as a result of a physical, mental or sensory impairment that hinder your ability to prepare for, find, or keep a job that matches your abilities and capabilities.

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PROTECTION AND USE OF CONFIDENTIAL INFORMATION
NEW SECTION
WAC 388-891-0100   What personal information about me does DVR keep on file?   DVR keeps a case service record while you are receiving services and for three years after your case is closed. The case service record includes, but is not limited to:

(1) The DVR application form or written request for VR services.

(2) Documentation explaining the need for the trial work experience or extended evaluation, if conducted, and the written plan for conducting the trial work experience or extended evaluation, and documentation of progress reviews.

(3) Documentation and records that support the determination of eligibility or ineligibility.

(4) Documentation supporting the severity of disability and priority category determination.

(5) Financial statement and/or related records.

(6) Plan for employment, amendments to the plan, if amended, and information supporting the decisions documented on the plan.

(7) Documentation describing how you used informed choice to make decisions throughout the process, including assessment services, selection of an employment outcome, VR services, service provider, type of setting and how to get VR services.

(8) If VR services are provided in a setting that is not integrated, documentation of the reason(s) for using a nonintegrated setting;

(9) If you achieve a competitive employment outcome, documentation to show:

(a) Your wages and benefits;

(b) That the job you have is:

(i) Described in your plan for employment;

(ii) Consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and

(iii) In an integrated setting.

(c) That the services provided to you in your plan for employment helped you become employed;

(d) That you have been employed for at least ninety days and that you no longer need vocational rehabilitation services;

(e) That you and your VR counselor agree that your employment is satisfactory and that you are performing well; and

(f) That you have been informed, through appropriate modes of communication about the availability of post-employment services.

(10) If you are referred to another state or federal program for services to prepare for, find or keep a job, documentation of the referral, the reason(s) for the referral, and the name of the program(s) to which you are referred.

(11) Documentation of case closure, including:

(a) Reasons for closing the case service record;

(b) How you were involved in the decision to close the case; and

(c) A copy of the closure letter that explains the reason(s) for case closure and your rights if you disagree with the decision.

(12) Documentation of the results of mediation or fair hearings, if held;

(13) Documentation of annual reviews after your case service record is closed as outlined in WAC 388-891-1330 if:

(a) You choose extended employment in a nonintegrated setting;

(b) You achieve a supported employment outcome in an integrated setting for which you are paid in accordance with section 14(c) of the Fair Labor Standards Act; or

(c) DVR determines you are ineligible because you are too severely disabled to benefit from VR services.

(14) Other documentation that relates to your participation in VR services, including your progress, throughout the VR process.

[]


NEW SECTION
WAC 388-891-0110   What happens if DVR receives information that indicates I have a previous history of behavior involving violent or predatory acts?   (1) If a VR counselor receives information or records that reasonably lead the VR counselor to believe you have a previous history of violent or predatory behavior, you must participate in an assessment conducted by a qualified professional prior to developing a plan for employment. The assessment is for the purpose of determining the level of risk you present to yourself or others in an employment situation.

(2) The VR counselor must consider the results and recommendations of the assessment in developing the plan for employment, including any restrictions relating to employment outcome or employment setting.

(3) If the results of the assessment indicate a potential risk to a service provider or employer, the individual must consent to release information about the behavior to a potential service provider or potential employer prior to referral for services.

[]


NEW SECTION
WAC 388-891-0120   Can I ask DVR to change incorrect information in my case service record?   You may ask DVR to correct information in your case service record that you believe is incorrect. DVR corrects the information, unless DVR disagrees that the information is incorrect. If there is a disagreement about the accuracy of the information, you may provide a written document explaining the information you believe incorrect. DVR puts the document in your case service record.

[]


NEW SECTION
WAC 388-891-0130   Can DVR share personal information in my record with others?   (1) DVR shares personal information with others only if:

(a) Another organization or program involved in your VR services needs the information to serve you effectively;

(b) You request information in the case service record be shared with another organization for its program purposes;

(c) You select an employment outcome in a field that customarily requires a criminal history background check as a condition of employment; and

(d) You sign a written consent giving DVR permission to release, exchange, or obtain the information.

(2) DVR may release personal information without your written consent only under the following conditions:

(a) If required by federal or state law;

(b) To a law enforcement agency to investigate criminal acts, unless prohibited by federal or state law;

(c) If given an order signed by a judge, magistrate, or authorized court official;

(d) If DVR reasonably believes you are a danger to yourself or others;

(e) To the DSHS division of child support; or

(f) To an organization, agency or person(s) conducting an audit, evaluation or research.

[]


NEW SECTION
WAC 388-891-0135   How does DVR protect personal information about drug, alcohol, HIV/AIDS and sexually transmitted diseases?   (1) DVR uses special protections when you share personal information about drug or alcohol abuse or about HIV/AIDS and sexually transmitted diseases.

(2) DVR asks for your specific permission to copy information of this nature before sharing it with a service provider or organization that is helping you reach your employment goals.

(3) Information about drug and alcohol abuse must be handled in accordance with RCW 70.96A.150 and applicable federal and state laws and regulations.

(4) Information about HIV/AIDS or other sexually transmitted diseases must be handled in accordance with RCW 70.24.105 and applicable federal and state laws and regulations.

[]


NEW SECTION
WAC 388-891-0140   Can I obtain copies of information in my case service record?   (1) You may review or obtain copies of information contained in your case service record by submitting a written request to DVR. DVR provides access to or provides copies of records upon request, except in the following circumstances:

(a) If DVR believes the medical, psychological, or other records in your case service record may be harmful to give to you, DVR only releases the records to a third party that you choose, such as your representative, parent, legal guardian or a qualified medical professional.

(b) If DVR receives personal information about you from another agency or service provider, DVR may only share the records as authorized by the agency or service provider that provided the information.

(c) If a representative has been appointed by a court to represent you, the information must be released to the representative.

(2) DVR provides access or gives you copies of records within ten business days of receiving your written request. If DVR cannot fulfill your request within ten business days, DVR will send you a written notice of the reason(s) the request cannot be met and the date you are granted access or the date the requested information will be provided.

[]


NEW SECTION
WAC 388-891-0150   How does DVR protect personal information that is released for audit, evaluation or research?   DVR may release personal information for audit, evaluation or research if the results would improve the quality of life or DVR services for people with disabilities. Before any personal information is shared, the organization, agency, or individual must agree to the following conditions:

(1) The information must only be used by people directly involved in the audit, evaluation or research;

(2) The information must only be used for the reasons approved by DVR in advance;

(3) The information must be kept secure and confidential;

(4) The information must not be shared with any other parties, including you or your representative; and

(5) The final product or report must not contain any personal information that would identify you without your written consent.

[]

CUSTOMER RIGHTS
NEW SECTION
WAC 388-891-0200   Can a guardian or another representative act on my behalf with DVR?   (1) You may select someone to act as your representative, as appropriate, during the VR program.

(2) If you have a legal guardian or a court-appointed representative, he or she must act as your representative.

(a) A legal guardian or court-appointed representative must provide DVR with documentation of guardianship.

(b) Your legal guardian or court-appointed representative must sign the application and other documents that require your signature.

[]


NEW SECTION
WAC 388-891-0205   How do I ask for an exception to a rule in this chapter?   (1) A request for exception to a rule in this chapter is submitted to the DVR director or designee in writing, and must include:

(a) A description of the exception being requested;

(b) The reason you are asking for the exception; and

(c) The duration of the exception, if applicable.

(2) An exception requesting a medical service that is otherwise not provided by DVR may only be requested on a trial basis or for a short duration to be specified in the request.

[]


NEW SECTION
WAC 388-891-0210   What happens after I submit a request for an exception?   (1) After receiving your request for an exception, the DVR director or designee decides whether to approve the request based on:

(a) The impact of the exception on accountability, efficiency, choice, satisfaction, and quality of services;

(b) The degree to which your request varies from the WAC; and

(c) Whether the rule or condition is a federal regulation that cannot be waived.

(2) The DVR director or designee responds to the request for an exception within ten working days of receiving the request.

(a) If the request is approved, the DVR director or designee provides a written approval that includes:

(i) The specific WAC for which an exception is approved;

(ii) Any conditions of approval; and

(iii) Duration of the exception.

(b) If the request is denied, the DVR director or designee will provide a written explanation of the reasons for the denial.

[]


NEW SECTION
WAC 388-891-0215   What if a DVR counselor makes a decision about my VR services that I don't agree with?   (1) If a DVR counselor makes a decision that affects the DVR services provided to you that you don't agree with, you may try to resolve the disagreement by any one of the following or a combination of the following:

(a) Seek assistance from the client assistance program, talk to the VR counselor, talk to the VR supervisor, or talk to the DVR director or his or her designee;

(b) Request mediation; and/or

(c) Request a fair hearing.

(2) You may request a fair hearing and/or mediation while you continue to work with the DVR counselor, VR supervisor or DVR director or designee to resolve the disagreement. If you reach agreement prior to the date of the scheduled mediation or fair hearing, the request may be withdrawn.

[]


NEW SECTION
WAC 388-891-0220   What is the client assistance program (CAP)?   The client assistance program (CAP) is a program independent of DVR that offers information and advocacy about your rights as a DVR customer and offers assistance to help you receive services. You may ask for help or information from CAP at any time during the rehabilitation process by asking a DVR staff person for information about how to contact CAP or by calling CAP toll free at 1-800-544-2121 voice/TTY. A CAP representative may represent you with DVR if a disagreement occurs that you cannot resolve on your own. CAP attempts to resolve disagreements informally through discussions with the DVR employee(s) involved as a first step. If informal efforts are not successful, CAP may represent you in mediation and/or a fair hearing. CAP services are available at no cost to you.

[]


NEW SECTION
WAC 388-891-0225   What is mediation?   (1) Mediation is a process in which a trained mediator conducts a meeting with you and a representative from DVR, usually your DVR counselor to help you settle a disagreement.

(a) The mediator does not work for DVR.

(b) The mediator does not make decisions about your case.

(c) Mediation is voluntary for all parties.

(2) During mediation:

(a) Each party presents information or evidence;

(b) The mediator reviews and explains the laws that apply; and

(c) The mediator helps you and the VR representative reach an agreement, if possible.

(3) You may ask someone to represent you during the mediation, including a CAP representative, however, you must be present.

(4) Agreements you and DVR reach through mediation are not legally binding.

[]


NEW SECTION
WAC 388-891-0230   When can I ask for mediation?   You may ask for mediation any time you disagree with a decision DVR makes that affects the VR services that DVR provides to you. Mediation is not used to deny or delay your right to a fair hearing. You may request both mediation and a fair hearing at the same time. If an agreement is reached during mediation, the fair hearing is cancelled.

[]


NEW SECTION
WAC 388-891-0235   Who arranges and pays for mediation?   DVR schedules mediation in a timely manner at a location that is convenient to all parties. DVR pays for costs related to mediation, except costs related to a representative or attorney you ask to attend. DVR may pay for VR services you require to participate in mediation, such as transportation or child care.

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NEW SECTION
WAC 388-891-0240   Is information discussed during mediation confidential?   Discussions during mediation are confidential and may not be used in a later fair hearing or civil proceeding, if one is held. Before beginning a mediation session, all parties must sign a statement of confidentiality.

[]


NEW SECTION
WAC 388-891-0245   If the mediation session results in an agreement, do I receive a written statement of the results?    If you and the DVR representative reach an agreement during mediation:

(1) The agreement is documented in writing;

(2) You and the DVR representative sign the written agreement; and

(3) DVR provides you with a copy of the agreement.

[]


NEW SECTION
WAC 388-891-0250   What is a fair hearing?   A fair hearing is a review process outlined under the Administrative Procedure Act, chapter 34.05 RCW and chapter 388-02 WAC that is conducted by an administrative law judge who works for the office of administrative hearings. During a fair hearing, both you and DVR may present information, witnesses, and/or documents to support your position. You may ask someone to represent you, such as an attorney, a friend, a relative, a representative from the client assistance program, or someone else you choose. The administrative law judge makes a decision after hearing all of the information presented; reviewing any documents submitted, and reviewing relevant laws and regulations.

[]


NEW SECTION
WAC 388-891-0255   How do I request a fair hearing?  

(1) To ask for a fair hearing, send a written request to the office of administrative hearings. You must include the following information in your written request:

(a) Your name, address, and telephone number;

(b) The name of the DSHS program that the fair hearing involves (such as DVR);

(c) A written statement describing the decision and the reasons you disagree; and

(d) Any other information or documents that relate to the matter.

(2) You must submit your request for a fair hearing within twenty days of the date the VR counselor makes the decision with which you disagree.

(3) You may ask any DVR employee for instructions or assistance to submit a request for a fair hearing.

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NEW SECTION
WAC 388-891-0260   After I submit a request for a fair hearing, when is it held?   The office of administrative hearings holds a fair hearing within sixty days of receipt of your written request for a hearing, unless you or DVR ask for a later hearing date and the office of administrative hearings determines there is a reasonable cause for the delay.

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NEW SECTION
WAC 388-891-0265   What is a pre-hearing meeting?   After you submit a request for a fair hearing, DVR offers you a pre-hearing meeting. The pre-hearing meeting can be conducted in person, by telephone, or by another method agreeable to all parties. The purpose of the pre-hearing meeting is to:

(1) Clarify the decision with which you disagree;

(2) Exchange copies of laws, rules or other information to be presented in the fair hearing;

(3) Explain how the fair hearing is conducted; and

(4) Settle the disagreement, if possible.

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NEW SECTION
WAC 388-891-0270   Do I receive a written fair hearing decision?   The office of administrative hearings sends you a written report of the findings and decision within thirty days of the fair hearing.

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NEW SECTION
WAC 388-891-0275   Is the fair hearing decision final?   (1) The office of administrative hearings decision is final and DVR must implement the decision.

(2) If you do not agree with the office of administrative hearings decision, you may pursue civil action through superior court to review that decision.

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NEW SECTION
WAC 388-891-0295   Can DVR suspend, reduce or terminate my services if I request a fair hearing?   DVR may not suspend, reduce, or terminate agreed-upon services if you have requested a fair hearing, unless DVR provides evidence that you provided false information, committed fraud or other criminal acts involving VR services.

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PAYING FOR VR SERVICES
NEW SECTION
WAC 388-891-0300   Under what conditions does DVR provide and/or pay for vocational rehabilitation services to individuals?   DVR provides and pays for VR services if:

(1) You have completed the application requirements;

(2) You have provided documents that verify your identity and legal work status;

(3) DVR authorizes the services before the services begin;

(4) The services are needed to:

(a) Determine your eligibility for services;

(b) Identify your vocational rehabilitation needs; and/or

(c) Help you get and/or keep a job.

(5) The services to be provided, except services listed in WAC 388-891-0310, are not provided to you or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;

(6) You have completed the financial statement, if required, and have agreed upon what portion, if any, you are required to for your VR services; and

(7) The service provider meets all federal, state, and agency requirements for approval as a DVR service provider.

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NEW SECTION
WAC 388-891-0310   What VR services are provided without determining whether services or benefits are available from another program or organization?   DVR is not required to determine whether the following services or benefits can be provided to you or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits:

(1) Assessment services to determine eligibility and/or VR needs;

(2) Counseling and guidance, including information and referral;

(3) Independent living services and evaluations provided by DVR staff;

(4) Job placement and job retention services;

(5) Rehabilitation technology services;

(6) Post-employment services when providing the services listed in subsection (1) through (5) above.

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NEW SECTION
WAC 388-891-0320   What if looking for services and benefits available from another program would delay or interrupt my progress toward achieving an employment outcome?   (1) A DVR counselor may begin providing VR services without conducting a review to determine whether services or benefits can be provided to you or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits if the review would delay or interrupt:

(a) VR services to an individual determined to be at extreme medical risk, based on medical evidence provided by a qualified professional;

(b) An immediate job placement; or

(c) Your progress toward achieving the employment outcome identified on your individual plan for employment.

(2) If you receive DVR services before services or benefits are available from another program, you begin using the services and benefits from the other program when they become available.

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NEW SECTION
WAC 388-891-0325   Does DVR pay for a VR service if services and benefits are available from another program or organization, but I don't want to use them?   DVR does not pay for services or benefits that can be provided to you or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits. If you choose not to apply for and use the services or benefits, you are responsible for the cost of the services.

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NEW SECTION
WAC 388-891-0330   Does DVR consider academic awards and scholarships as income?   Academic awards and scholarships you earn based on merit are not counted as income for purposes of determining your participation in the cost of services.

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NEW SECTION
WAC 388-891-0340   How does DVR determine whether I must pay part of my DVR services using my own financial resources?   (1) To determine whether you are required to pay a portion of DVR services using your own financial resources:

(a) You must complete a DVR financial statement to document your financial status, except for the services outlined in WAC 388-891-0365;

(b) You must provide copies of financial records requested by DVR to establish your financial status.

(2) Depending on your income tax filing status for the most recent tax year, you must provide financial information based on your own individual resources or based on your family resources.

(a) If your income tax status was reported as married filing jointly, married filing separately, or you were listed as a dependent of another person, complete the financial statement based on family resources.

(b) If your income tax status was reported as single, complete the financial statement based on your own financial resources.

(3) If you fail to report your financial status accurately or fail to provide the required information, DVR may deny or suspend services at any time in the rehabilitation process, except the services listed under WAC 388-891-0365.

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NEW SECTION
WAC 388-891-0345   Do I have to pay a portion of my DVR services if I receive assistance or income support from another public program?   If you provide verification that you receive benefits from one of the following programs, you are not required to pay any portion of your DVR services.

(1) Department of social and health services (DSHS) income assistance;

(2) Medicaid; or

(3) Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

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NEW SECTION
WAC 388-891-0350   What financial information does DVR use to decide if I need to help pay for VR services?   (1) You complete a DVR financial statement to disclose the following information used to determine whether you must pay any part of the cost of DVR services:

(a) Income from all sources, assets, including but not limited to bank accounts, vehicles, personal property, stocks, bonds, and trusts; and

(b) Living expenses, including household expenses, credit or loan payments, disability-related expenses and other financial obligations.

(2) If the results of the financial statement show that you do not have resources available to help pay for your DVR services, DVR provides the services at no cost to you.

(3) If you decline to complete the financial statement or decline to contribute to the cost of DVR services, DVR provides only those services listed under WAC 388-891-0365.

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NEW SECTION
WAC 388-891-0355   How is the amount I pay for DVR services determined?   After completing the financial statement, you and a DVR counselor agree how to use the resources identified on the financial statement to help pay for DVR services. The costs you agree to pay are documented on the individualized plan for employment (IPE). If your financial status changes, you are required to report the changes to your DVR counselor.

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NEW SECTION
WAC 388-891-0360   What personal resources are not counted in the decision about whether I have to help pay for services?   DVR does not count the following resources when deciding whether you need to help pay for DVR:

(1) The value of your primary home and furnishings;

(2) The value of items that you keep because of personal attachment, rather than because of monetary value;

(3) The value of one vehicle per household member needed for work, school, or to participate in DVR services;

(4) Retirement, insurance, or trust accounts that do not pay a current benefit to you or your family;

(5) If a retirement, insurance or trust account pays a current benefit, only the monthly benefit is counted as income and the balance of the account is excluded;

(6) Awards or scholarships you earn based on merit;

(7) Up to five thousand dollars of your total assets are excluded as exempt;

(8) Equipment or machinery used to produce income;

(9) Livestock used to produce income; and

(10) Disability-related items and/or services.

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NEW SECTION
WAC 388-891-0365   What VR program services am I not required to help pay for?   You are not required to pay any portion of the following DVR services, regardless of your financial status:

(1) Assessment services to determine eligibility or VR needs, including independent living evaluations;

(2) Counseling and guidance services provided by DVR staff;

(3) Information and referral services;

(4) Interpreter and reader services;

(5) Personal assistance services;

(6) Job placement;

(7) Job retention services;

(8) Independent living services provided directly by DVR staff; and

(9) Post-employment services that include any of the services in subsections (1) through (8) above.

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NEW SECTION
WAC 388-891-0370   Can I select the services and service provider of my choice?   (1) You may select VR services that you need to achieve an employment outcome that is consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(2) You may select the service provider of your choice if the service provider meets the following conditions:

(a) DVR pays for services that meet your needs at the least cost possible.

(i) If two or more service providers or programs offer comparable services but differ in cost, and you choose the higher cost service or program, you are responsible for those costs in excess of the lower cost service. You can use resources other than DVR funds to pay the remaining cost.

(ii) DVR may pay for a service or program at a higher cost than another service or program if the costs are reasonably comparable.

(b) The service provider meets all federal, state, and DVR requirements for DVR approval.

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INFORMED CHOICE
NEW SECTION
WAC 388-891-0400   What is informed choice?   Informed choice is the process by which an individual receiving services from DVR makes decisions about VR goals and the VR services and service providers necessary to reach those goals. The decision-making process takes into account the individual's values, lifestyle, and characteristics, the availability of resources and alternatives, and general economic conditions. Informed choice involves communicating clearly with an individual receiving VR services to assure the individual understands and uses pertinent information in the decision making process. The intent of informed choice is to ensure VR services are provided in a manner that promotes respect for individual dignity, personal responsibility, self-determination, and the pursuit of meaningful careers.

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NEW SECTION
WAC 388-891-0410   How does DVR support the informed choice process?   DVR supports the informed choice process by providing counseling and guidance, information and support to help you make choices that match your strengths, resources, priorities, concerns, abilities, capabilities, and interests, including:

(1) Explaining what choices you can make throughout the rehabilitation process;

(2) Assisting you to identify and get the information you need to explore the options available; and

(3) Helping you understand and evaluate the options.

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NEW SECTION
WAC 388-891-0420   What if I don't know how to use the informed choice decision making process?   DVR explains how to use informed choice to make decisions about VR goals and services. If it is difficult for you to make informed choices, DVR can help you understand the options available and choose the one that meets your needs.

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NEW SECTION
WAC 388-891-0430   What decisions can I make using informed choice?   You have the right to make informed choices about VR goals and services throughout the rehabilitation process, including but not limited to:

(1) What assessment services and/or service provider(s) you will use to get the information necessary for DVR to determine eligibility and/or identify your VR needs;

(2) What to include on your individualized plan for employment (IPE), including:

(a) Type of employment outcome and setting;

(b) VR services needed to achieve the employment outcome;

(c) Service provider(s) that will provide the service and setting in which to receive the services; and

(d) Method(s) of arranging and paying for services, from the methods available to DVR under state law and agency policy.

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NEW SECTION
WAC 388-891-0440   What information and assistance will DVR provide to help me make informed choices about VR services and service providers?   To help you select the VR services you need to achieve an employment outcome and the service provider(s) to use, DVR will help you get the following information, to the extent the information is available and/or appropriate:

(1) Cost, accessibility, and duration of services;

(2) Consumer satisfaction with those services;

(3) Qualifications of potential service providers;

(4) Type(s) of services offered by each service provider;

(5) Type of setting in which the services are provided, including whether the setting is integrated or nonintegrated; and

(6) Outcomes achieved by others served by the service provider.

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ORDER OF SELECTION
NEW SECTION
WAC 388-891-0500   What happens if DVR cannot serve every eligible person?   If DVR cannot serve all eligible individuals, because there are not enough funds or other resources, DVR must:

(1) Establish a statewide waiting list for services;

(2) Implement a process called order of selection that establishes the order in which DVR selects eligible individuals from the waiting list to begin receiving DVR services; and

(3) Provide you with information and guidance (which may include counseling and referral for job placement) about other federal or state programs that offer services to help you meet your employment needs, if available.

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NEW SECTION
WAC 388-891-0510   How are individuals selected for services when DVR is operating under an order of selection?   When DVR is operating under an order of selection, individuals are selected for services as follows:

(1) At the time you are determined eligible for VR services, a DVR counselor establishes a priority for services category based on the severity of your disability.

(2) As resources become available for DVR to serve additional individuals, DVR selects names from the waiting list in the priority category being served at that time.

(3) The priority categories include:

(a) Priority category 1 -- Individuals with most severe disabilities;

(b) Priority category 2 -- Individuals with severe disabilities; and

(c) Priority category 3 -- Individuals with disabilities.

(4) Within a priority category, the date you applied for DVR services determines the order in which you are selected from the waiting list.

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NEW SECTION
WAC 388-891-0520   What is the criteria for priority category 1 -- Individuals with most severe disabilities?   DVR determines you are in priority category 1 -- Individuals with most severe disabilities, if you meet the following criteria:

(1) You require supported employment; and/or

(2) You meet the criteria for an individual with a severe disability as defined in WAC 388-891-0530, you require two or more VR services over an extended period of time (twelve months or more) and you experience serious functional losses in four or more of the following areas in terms of an employment outcome:

(a) Mobility;

(b) Communication;

(c) Self-care;

(d) Self-direction;

(e) Interpersonal skills;

(f) Work tolerance; or

(g) Work skills.

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NEW SECTION
WAC 388-891-0530   What is the criteria for priority category 2 -- Individuals with severe disabilities?   DVR determines you are in priority category 2 -- Individuals with severe disabilities if:

(1) You are receiving disability benefits under Title II or Title XVI of the Social Security Act, but do not meet the criteria for priority category 1; and/or

(2) You meet the eligibility requirements outlined in WAC 388-891-0540, you require two or more VR services over an extended period of time (twelve months or more) and, you experience serious functional losses in one to three of the following areas in terms of an employment outcome:

(a) Mobility;

(b) Communication;

(c) Self-care;

(d) Self-direction;

(e) Interpersonal skills;

(f) Work tolerance; or

(g) Work skills.

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NEW SECTION
WAC 388-189-0540   What is the criteria for priority category 3 -- Individuals with disabilities?   DVR determines you are in priority category 3 -- Individuals with disabilities if you meet the eligibility requirements outlined in WAC 388-891-1000, but you do not meet the criteria for priority category 1 or priority category 2.

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Reviser's note: The above new section was filed by the agency as WAC 388-189-0540. This section is placed among sections forming new chapter 388-891 WAC, and therefore should be numbered WAC 388-891-0540. Pursuant to the requirements of RCW 34.08.040, the section is published in the same form as filed by the agency.VR SERVICES
NEW SECTION
WAC 388-891-0600   What vocational rehabilitation services are available to individuals from DVR?   The following VR services are available to individuals from DVR:

(1) Assessment services;

(2) Independent living evaluation and services;

(3) Information and referral services;

(4) Interpreter services;

(5) Job placement services;

(6) Job retention services;

(7) Maintenance services;

(8) Occupational licenses;

(9) Personal assistance services;

(10) Physical and mental restoration services;

(11) Rehabilitation technology services;

(12) Self-employment services;

(13) Services to family members;

(14) Substantial counseling and guidance services;

(15) Tools, equipment, initial stocks and supplies;

(16) Training services;

(17) Transition services;

(18) Translation services;

(19) Transportation services;

(20) Other services; and

(21) Post-employment services.

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NEW SECTION
WAC 388-891-0605   What are assessment services?   Assessment services, including services provided in a trial work experience or extended evaluation, are provided to obtain information necessary to determine:

(1) Whether you are eligible for VR services;

(2) Severity of disability and priority category; and/or

(3) The employment outcome and VR services to be included in an individualized plan for employment.

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NEW SECTION
WAC 388-891-0610   What are independent living services and/or evaluation?   Independent living services and/or evaluation includes services provided to:

(1) Identify issues that present problems for you in achieving an employment outcome and services you need to address the issues.

(2) Help you manage the services you need to live independently, get information about benefits available to you and about your rights and responsibilities.

(3) Help you set personal goals, make decisions about life issues and employment, and help your family with issues related to your disability and independence.

(4) Help you manage and balance your life in areas such as budgeting, meal preparation and nutrition, shopping, hygiene, time management, recreation, community resources, and attendant management.

(5) Find out about housing resources and the qualifications, make decisions about the living arrangements and about changing to a more independent living arrangement.

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NEW SECTION
WAC 388-891-0615   What are information and referral services?   Information and referral services include information and guidance provided to help you explore employment services or benefits available to you from other programs, including other programs within the workforce development system.

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NEW SECTION
WAC 388-891-0620   What are interpreter services?   Interpreter services include sign language or oral interpretation services for individuals who are deaf or hard of hearing, and tactile interpretation services for individuals who are deaf-blind.

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NEW SECTION
WAC 388-891-0625   What are job placement services?   Job placement means referral to a specific job that results in a job placement.

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NEW SECTION
WAC 388-891-0630   What are job retention services?   Job retention means services provided after you have been placed in a job to help you achieve satisfactory performance and keep the job.

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NEW SECTION
WAC 388-891-0635   What are maintenance services?   Maintenance includes monetary support for expenses such as food, shelter, or clothing that are in excess of your usual living expenses that you need to participate in another VR service. The following examples include, but are not limited to, the ways maintenance may be used:

(1) A uniform or other suitable clothing required to look for or get a job;

(2) Short-term lodging and meals required to participate in assessment or training services not within commuting distance of your home; and

(3) A security deposit or utility hook-ups on housing you need to relocate for a job.

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NEW SECTION
WAC 388-891-0640   What are occupational licenses?   Occupational licenses are licenses, permits, certificates or bonds showing you meet certain standards or have accomplished certain achievements and/or have paid dues, fees or otherwise qualify to engage in a business, a specific occupation or trade, or other work.

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NEW SECTION
WAC 388-891-0645   What are personal assistance services?   (1) Personal assistance services include a range of services provided by at least one person to help you perform daily living activities on or off the job that you would perform without assistance if you did not have a disability. Examples include, but are not limited to:

(a) Reader services for individuals who cannot read print because of blindness or other disability. In addition to reading aloud, reader services include transcription of printed information into Braille or sound recordings. Reader services are generally for people who are blind, but may also include individuals unable to read because of serious neurological disorders, specific learning disabilities, or other physical or mental impairments.

(b) Personal attendant services are personal services that an attendant performs for an individual with a disability, including, but not limited to, bathing, feeding, dressing, providing mobility and transportation.

(2) Personal assistance services are only provided in connection with one or more other VR services.

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NEW SECTION
WAC 388-891-0650   What are physical and mental restoration services?   (1) Physical and mental restoration services are used to diagnose and treat physical and mental impairments.

(2) DVR provides physical and mental restoration services if your disabling condition is stable or slowly progressive and the service is expected to substantially modify, correct, or improve a physical or mental impairment that is a substantial impediment to employment for you within a reasonable length of time and financial support is not readily available from another source, such as health insurance.

(3) Physical and mental restoration services include:

(a) Corrective surgery or therapy;

(b) Diagnosis and treatment of mental or emotional disorders by qualified personnel who meet state licensing requirements;

(c) Dental treatment if the treatment is directly related to an employment outcome, or in emergency situations involving pain, acute infections, or injury;

(d) Nursing services;

(e) Hospitalization (in-patient or outpatient) in connection with surgery or treatment and clinic services;

(f) Drugs and supplies;

(g) Prosthetic and orthotic devices;

(h) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids;

(i) Podiatry;

(j) Physical therapy;

(k) Occupational therapy;

(l) Speech or hearing therapy;

(m) Mental health services;

(n) Treatment of acute or chronic medical conditions and emergencies that result from providing physical and mental restoration services, or that are related to the condition being treated;

(o) Special services for the treatment of end-stage renal disease; and

(p) Other medical or medically-related rehabilitation services.

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NEW SECTION
WAC 388-891-0655   What are the medical treatments DVR does not pay for?   DVR does not pay for the following medical treatments:

(1) Maintenance of your general health or fitness, including, but not limited to, vitamins, in-patient hospital based weight loss programs or for-profit weight loss programs, exercise programs, health spas, swim programs and athletic fitness clubs;

(2) Cosmetic procedures, such as facelifts, liposuction, cellulite removal;

(3) Maternity care;

(4) Hysterectomies, elective abortions, sterilization, and contraceptive services as independent procedures;

(5) Drugs not approved by the Federal Drug Administration for general use or by state law;

(6) Life support systems, services, and hospice care;

(7) Transgender services including surgery and medication management;

(8) Homeopathic and herbalist services, Christian Science practitioners or theological healers; and

(9) Treatment that is experimental, obsolete, investigational, or otherwise not established as effective medical treatment.

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NEW SECTION
WAC 388-891-0660   What is rehabilitation technology?   Rehabilitation technology includes the use of technology, engineering methods and sciences to design, develop, test, evaluate, apply and distribute technology to address problems faced by individuals with disabilities in functional areas such as mobility, communication, hearing, vision and cognition. Rehabilitation technology includes:

(1) Assistive technology devices, equipment, or products used to increase, maintain, or improve the functional capabilities of an individual with a disability including, but not limited to:

(a) Telecommunications devices;

(b) Sensory aids and devices, including hearing aids, telephone amplifiers and other hearing devices, captioned videos, taped text, Brailled and large print materials, electronic formats, graphics, simple language materials, and other special visual aids;

(c) Vehicle modifications; and

(d) Computer and computer-related hardware and software that is provided to address a disability-related limitation.

(2) Services that assist you in the selection, acquisition, or use of an assistive technology device, including services to:

(a) Evaluate your needs in performing activities in your daily environment;

(b) Select, design, fit, customize, adapt, apply, maintain, repair, or replace an assistive technology device;

(c) Coordinate and use other therapies or services with assistive technology devices, such as education and rehabilitation plans and programs;

(d) Train or give technical assistance to professionals, employers, family members or others who provide services to you, hire you, or are involved in your major life activities.

(3) Real time captioning services;

(4) A written policy, plan, guarantee or warranty (initial or extended) that covers the cost to repair or replace an assistive technology device, a piece of equipment, or another assistive technology product if it is lost or damaged.

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NEW SECTION
WAC 388-891-0665   Under what conditions does DVR provide vehicle modifications as a rehabilitation technology service?   DVR provides vehicle modifications under the following conditions:

(1) DVR does not have a question about your driving safety as outlined in WAC 388-891-0775.

(2) The DVR counselor has determined based on disability-related documentation that your disability is stable or slowly progressive and not likely to impair your driving ability in the future, if you plan to drive the vehicle.

(3) You have provided documentation verifying that you and/or a family member is the registered and/or legal owner of the vehicle.

(4) You have provided a copy of a current driver's license and vehicle license with required endorsements for you and/or family member(s) who will operate the vehicle.

(5) If a used vehicle is to be modified, you have provided documentation of an inspection from a certified or journey level auto mechanic that verifies the vehicle is in good condition and capable of being modified.

(6) DVR has obtained documentation from a specialist in evaluation and modification of vehicles for individuals with disabilities that prescribes and inspects the modification, except prescriptions are not required for:

(a) Placement of a wheelchair lift, ramp, or scooter lift and tie downs for passenger access only;

(b) Replacement of hand controls;

(c) Wheelchair carriers; and

(d) Other minor driving aids.

(7) You have provided documentation of vehicle insurance adequate to cover the cost of replacement for loss or damage, including the cost of the modification.

(8) You have demonstrated or provided documentation that verifies you and/or family member(s) designated as a driver can safely operate the vehicle as modified.

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NEW SECTION
WAC 388-891-0670   What types of insurance can DVR pay for?   (1) DVR may pay for insurance for assistive technology devices, equipment and products.

(2) DVR does not pay for other types of insurance including, but not limited to, health, vehicle, home, and life insurance.

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NEW SECTION
WAC 388-891-0675   What types of assistive technology insurance can DVR pay for?   DVR may pay for insurance for assistive technology devices, equipment, and products which covers the cost to repair or replace them if they are lost or damaged if:

(1) The individual with a disability is the holder of the device, equipment or product and is the named insured under the policy; and

(2) The insurer pays for replacement or repair directly to the manufacturer or service provider.

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NEW SECTION
WAC 388-891-0680   What types of assistive technology warranties can DVR pay for?   (1) DVR may pay for an initial warranty for an assistive technology device, piece of equipment, or product for a specified period of time following the date of purchase if the warranty is available at the time of purchase by the manufacturer. An initial warranty may guarantee repair and/or replacement of parts or the entire device, equipment, or product when the parts and/or workmanship are faulty.

(2) DVR may pay for an initial warranty or for a warranty that extends beyond the period of coverage of an initial warranty for an assistive technology device, piece of equipment, or product if:

(a) The individual with a disability is the holder of the device, equipment, or product;

(b) The manufacturer provides a written guarantee for the materials and workmanship of the device, equipment, or product; and

(c) The manufacturer replaces or repairs faulty parts and workmanship or replaces the device, equipment, or product in whole or the manufacturer directly pays a service provider to repair or replace parts and workmanship or the device, equipment, or product in whole.

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NEW SECTION
WAC 388-891-0685   What are self-employment services?   Self-employment services include consultation and technical assistance to help you establish a small business to become self-employed and equipment, tools, initial stocks and supplies. Before a DVR counselor agrees to an IPE that includes a self-employment outcome, you must complete assessment services, including the development of a business plan that demonstrates that the self-employment you are considering is feasible, sustainable, and results in an employment outcome. DVR does not support hobbies or activities that do not result in an income-producing self-employment outcome.

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NEW SECTION
WAC 388-891-0690   What vocational rehabilitation services can DVR provide to my family member(s)?   Vocational rehabilitation services may be provided to a family member if the services are necessary for you to achieve an employment outcome. A family member includes a relative or guardian of an applicant or eligible individual or an individual who lives in the same household as the applicant or eligible individual and has a substantial interest in her or his well being.

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NEW SECTION
WAC 388-891-0695   What types of child care does DVR provide to my family members?   (1) DVR pays for the following types of licensed child care and child care exempt from licensing in conformance with DSHS licensing or certification requirements and background check requirements:

(a) Child day care centers;

(b) Family child day care homes; and

(c) School-age child care centers.

(2) DVR pays for in-home or relative child care including:

(a) Child care provided to your child(ren) in your home by a relative or other person; and

(b) Child care provided to your child(ren) by a relative outside of your home.

(3) To be authorized as an in-home/relative child care provider for DVR payment, your in-home or relative child care provider must comply with background check requirements outlined in chapter 388-290 WAC.

(4) DVR pays for child care in states bordering Washington if the child care provider meet their state's licensing regulations.

(5) DVR pays the child care provider's usual rates for child care services directly to the child care provider.

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NEW SECTION
WAC 388-891-0700   What is substantial counseling and guidance?   Substantial counseling and guidance includes intensive counseling and guidance provided by a DVR counselor throughout the rehabilitation process to help you address medical, family or social issues, vocational counseling, or other counseling and guidance that is over and above the usual counseling and guidance relationship. Substantial counseling and guidance services include counseling and guidance to support a self-directed job search.

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NEW SECTION
WAC 388-891-0705   What are tools, equipment, initial stocks and supplies?   Tools, equipment, initial stocks and supplies are materials and hardware required to carry out the duties of a job.

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NEW SECTION
WAC 388-891-0710   What are training services?   Training services are designed to help you gain knowledge, skills and abilities needed to achieve an employment outcome. Training services, include, but are not limited to:

(1) On-the-job training;

(2) Post-secondary training;

(3) Technical or vocational training;

(4) Basic education/literacy training;

(5) Community rehabilitation program (CRP) training;

(6) Other miscellaneous training.

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NEW SECTION
WAC 388-891-0715   What is on-the-job training?   On-the-job training is training an employer provides to you after you are placed in a job to help you learn the skills you need. The employer must sign an agreement to include at a minimum:

(1) Training to be provided, including skills to be learned and training methods;

(2) Duration or number of hours of training to be provided;

(3) How the employer will evaluate and report your progress to DVR;

(4) An agreed-upon fee based on the employer's costs to provide the training; and

(5) Payment criteria.

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NEW SECTION
WAC 388-891-0720   What is post-secondary training?   Post-secondary training means academic training above the high school level leading to a degree, an academic certificate, or other recognized educational credential. Post-secondary training is provided by a college or university, community college, junior college or technical college.

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NEW SECTION
WAC 388-891-0725   What is technical or vocational training?   Technical or vocational training includes occupational, vocational or specific job skill training, not leading to an academic degree, provided by a community college, business school, vocational, technical or trade school to prepare for work in a specific occupation.

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NEW SECTION
WAC 388-891-0730   What is basic education/literacy training?   Basic education/literacy training teaches basic academic skills, including how to read.

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NEW SECTION
WAC 388-891-0735   What is community rehabilitation program (CRP) training?   Community rehabilitation program (CRP) training is training to prepare an individual for work, such as developing appropriate work habits and behaviors, getting to work on time, dressing appropriately, and/or skills to increase productivity.

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NEW SECTION
WAC 388-891-0740   What other training does DVR provide?   DVR provides other miscellaneous training services that are not identified in another section, such as high school completion, speech reading or sign language training, cognitive training and tutoring.

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NEW SECTION
WAC 388-891-0745   What conditions apply to receiving training services at an institution of higher education?   (1) Training at an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) is provided only after you and a DVR counselor have made maximum efforts to get and use available grant funding from other sources to pay for costs related to attendance. Grant funding does not include student loans.

(2) You must provide DVR a copy of your grant funding award or denial form, statement of unmet need and/or student budget, and other related documentation.

(3) If an academic institution charges a fee to cover the cost of a student health clinic and the fee is required as a condition of registration, DVR may pay this fee.

(4) If an academic institution charges a liability fee to cover the costs of a student to register in high-risk courses/practicum and the fee is required as a condition of registration, DVR may pay this fee.

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NEW SECTION
WAC 388-891-0750   Can I receive training services from a private school, an out-of-state training agency or an out-of-state college?   If you choose training services at a private or out-of-state program when an in-state or public program is available and adequate to meet your needs, you are responsible for costs that are in excess of the public or in-state program costs.

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NEW SECTION
WAC 388-891-0755   What transition services does DVR provide to high school students?   If you are a high school student, DVR provides counseling and guidance and other VR services to help you make informed choices to:

(1) Determine your eligibility and VR needs;

(2) Select an employment goal;

(3) Select the VR services needed either before or after you leave high school to reach your employment goal; and

(4) Develop an individualized plan for employment (IPE) before you leave high school.

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NEW SECTION
WAC 388-891-0760   What are translation services?   Translation services include oral and written translation of English into the primary language of an applicant or eligible individual.

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NEW SECTION
WAC 388-891-0765   What are transportation services?   Transportation services include travel and related expenses necessary for you to participate in VR services, such as a bus pass, reimbursement for gasoline, purchase or repair of a vehicle.

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NEW SECTION
WAC 388-891-0770   Under what conditions does DVR provide a vehicle?   (1) DVR provides a vehicle as a transportation service only in exceptional circumstances to support another VR service on the IPE and must be approved by the director or his or her designee.

(2) A vehicle issued to you remains the property of DVR until you achieve an employment outcome that requires the vehicle and you maintain the employment for at least ninety days.

(3) The director or his or her designee approves the purchase of a vehicle only if:

(a) A DVR counselor determines, based on disability-related documentation that your disability is stable or slowly progressive, and is not likely to impair your ability to drive in the future;

(b) You and a DVR counselor agree it is a necessary service under your individualized plan for employment (IPE) because:

(i) No other transportation options are available and it is not feasible for you to relocate to live closer to employment or other transportation options; or

(ii) A vehicle is required as a condition of employment.

(c) You do not have a vehicle or your vehicle cannot be modified or repaired to the extent that you can drive it.

(4) Prior to issuing a vehicle to you, you must submit the following documents to DVR and you must agree to provide ongoing verification upon request of a DVR counselor:

(a) A copy of your current, valid driver's license;

(b) A copy of your driving record indicating no criminal convictions related to driving a vehicle;

(c) A copy of your motor vehicle insurance coverage with the following minimum coverage and conditions:

(i) Liability in the amount of fifty thousand dollars/one hundred thousand dollars/fifty thousand dollars;

(ii) Uninsured motorist in the amount of fifty thousand dollars/one hundred thousand dollars/fifty thousand dollars;

(iii) Personal injury in the amount of one hundred thousand dollars;

(iv) Replacement cost of the vehicle, including special equipment and modifications, if applicable;

(v) DVR is listed as the lien holder; and

(vi) All drivers who use the vehicle are listed on the policy.

(d) You have signed a written agreement with your DVR counselor that outlines how you will pay for vehicle maintenance and repair;

(e) You have signed an agreement to return the vehicle to DVR upon request as long as DVR owns the vehicle.

(5) Before DVR transfers ownership of a vehicle to you, you must submit documentation to verify:

(a) You are the registered owner of the vehicle;

(b) The vehicle is insured to cover the cost of replacement for loss or damage at the time ownership is transferred.

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NEW SECTION
WAC 388-891-0775   What happens if DVR has a question about my driving safety?   (1) DVR does not provide services to facilitate your driving or that of a driver using your vehicle if:

(a) Either you or the driver are uninsured; or

(b) DVR is aware of any fact which raises a question regarding driving safety.

(2) Services to facilitate your driving include, but are not limited to, vehicle modifications provided as a rehabilitation technology service, car repairs, gasoline money, driver license, and license tabs.

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NEW SECTION
WAC 388-891-0780   What other services does DVR provide?   DVR can provide other services not identified in this chapter when the service is needed for you to achieve an employment outcome.

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NEW SECTION
WAC 388-891-0790   What are post-employment services?   Post employment services include one or more vocational rehabilitation services provided if:

(1) Your case was closed within the past three years because you achieved an employment outcome;

(2) Your rehabilitation needs are limited in scope and duration;

(3) You need post employment services to maintain, regain or advance in employment that is consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

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SUPPORTED EMPLOYMENT
NEW SECTION
WAC 388-891-0800   What is supported employment?   (1) Supported employment is:

(a) Competitive work; or

(b) Work in an integrated setting while you work toward competitive work consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; or

(c) Transitional employment for an individual with a most severe disability due to chronic mental illness.

(2) Supported employment is for an individual with a most severe disability who:

(a) Has not traditionally worked in competitive employment; or

(b) Has worked in competitive employment, but the disability has caused the individual to stop working, or work off and on; and

(c) Needs intensive supported employment services and extended services to work because of the nature and severity of the disability.

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NEW SECTION
WAC 388-891-0810   Who is eligible for supported employment?   You are eligible for supported employment services if:

(1) You are eligible for vocational rehabilitation services under WAC 388-891-1000;

(2) You have been determined to be an individual with a most severe disability; and

(3) Supported employment is appropriate for you based on a comprehensive assessment of your needs, including an evaluation of your rehabilitation, career and job needs.

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NEW SECTION
WAC 388-891-0815   Who decides if I am eligible for supported employment?   DVR decides if you are eligible for supported employment services.

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NEW SECTION
WAC 388-891-0820   What is competitive work in supported employment?   Competitive work, as used in supported employment, is:

(1) Work in the competitive labor market that you perform on a full-time or part-time basis in an integrated setting; and

(2) Work for which you are paid at or above the minimum wage, but not less than the usual wage your employer pays to nondisabled employees who do the same or similar work as you.

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NEW SECTION
WAC 388-891-825   What is an integrated setting in supported employment?   An integrated setting in supported employment is a work setting commonly found in the community in which you interact with nondisabled people to the same extent that a nondisabled person in the same type of job interacts with other persons.

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Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 388-891-825 is probably intended to be WAC 388-891-0825.
NEW SECTION
WAC 388-891-0830   Is my work setting integrated if my interactions at the work site are with nondisabled supported employment service providers?   Interactions at your work site between you and a nondisabled supported employment service provider do not meet the requirement for an integrated setting.

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NEW SECTION
WAC 388-891-0835   What is transitional employment?   Transitional employment is a supported employment work model using a series of consecutive jobs in competitive employment for individuals with the most severe disabilities due to mental illness. In transitional employment, ongoing support services must include continuing sequential job placement until job permanency is achieved.

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NEW SECTION
WAC 388-891-0840   What are supported employment services?   Supported employment services are:

(1) Ongoing support services as described in WAC 388-891-0845; and

(2) Vocational rehabilitation services listed in WAC 388-891-0600.

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NEW SECTION
WAC 388-891-0845   What are ongoing support services?   Ongoing support is a type of supported employment service to help you get and keep a job. Ongoing support services include:

(1) An assessment of your employment situation at least twice a month, or under special circumstances and especially at your request, an assessment regarding your employment situation that takes place away from your worksite at least twice a month to:

(a) Determine what is needed to maintain job stability; and

(b) Coordinate services or provide specific intensive services that are needed at or away from your worksite to help you maintain job stability.

(2) Intensive job skill training for you at your job site by skilled job trainers;

(3) Job development, job placement and job retention services;

(4) Social skills training;

(5) Regular observation or supervision;

(6) Follow-up services such as regular contact with your employer, you, your representatives, and other appropriate individuals to help strengthen and stabilize the job placement;

(7) Facilitation of natural supports at the worksite;

(8) Other services similar to services described in subsection (1) through (7) above; and

(9) Any other vocational rehabilitation service.

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NEW SECTION
WAC 388-891-0850   What are extended services?   Extended services help you keep your job after DVR stops providing or paying for supported employment services.

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NEW SECTION
WAC 388-891-0855   Does DVR provide extended services?   DVR does not provide extended services.

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NEW SECTION
WAC 388-891-0860   Who provides the extended services I need?   Extended services are provided by nonprofit private organizations such as community rehabilitation programs, state and local public agencies, employers, or any other appropriate resources.

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NEW SECTION
WAC 388-891-0865   What is natural support?   Natural support is a method used to help you keep your job after DVR stops providing supported employment services. Natural support uses the people who you ordinarily come into contact with at work and/or at home to help you with work routines and social interactions at the work site.

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NEW SECTION
WAC 388-891-0870   Are supported employment services time-limited?   DVR provides supported employment services as part of your individualized plan for employment for a period not to exceed eighteen months, unless under special circumstances you and your DVR counselor jointly agree to extend the time in order to achieve the employment goals in your individualized plan for employment.

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NEW SECTION
WAC 388-891-0875   What is required for me to change from supported employment services to extended services?   Prior to helping you change from supported employment services to extended services, a DVR counselor must ensure the following:

(1) You have made substantial progress toward meeting the number of work hours per week you want to work as documented on your individualized plan for employment;

(2) You are stabilized in the job; and

(3) Extended services are readily available and can be provided to you without an interruption in services.

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NEW SECTION
WAC 388-891-0880   What happens if my DVR counselor and I do not find a source for extended services and/or we cannot establish natural supports during the initial eighteen months of my individualized plan for employment?   If you and your DVR counselor do not find a source for extended services and/or cannot establish natural supports during the initial eighteen months of your individualized plan for employment, DVR must determine that you are no longer eligible for VR services.

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NEW SECTION
WAC 388-891-0885   Under what conditions does DVR close my case service record for supported employment?   If you have achieved a supported employment outcome, DVR must wait at least ninety days after helping you change from supported employment services to extended services before closing your case service record.

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NEW SECTION
WAC 388-891-0890   Under what conditions does DVR provide supported employment services as post-employment services?   DVR provides supported employment services to you as post-employment services following the change from supported employment services to extended services if:

(1) Your extended service provider cannot provide the services; and

(2) You need such services as job station redesign, repair and maintenance of assistive technology devices and replacement of prosthetic and orthotic devices to keep your job.

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APPLYING FOR VR SERVICES
NEW SECTION
WAC 388-891-0900   Who can apply for vocational rehabilitation services?   Any individual who intends to achieve an employment outcome may apply for DVR services.

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NEW SECTION
WAC 388-891-0910   Am I required to provide proof of my identity and work status?   Before DVR pays for VR services, including assessment services, you must provide copies of documents requested by DVR that verify your identity and, if you are not a United States citizen, your legal work status.

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NEW SECTION
WAC 388-891-0920   If I don't live in Washington, can I receive VR services?   The state in which you live has the primary responsibility to provide VR services to you. If you are not a resident of Washington state, you may receive VR services if you maintain a home, are registered to vote, or are otherwise present in the state.

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NEW SECTION
WAC 388-891-0930   Can I receive VR services if I am legally blind?    The Washington state department of services for the blind, under an agreement with DVR, is the primary agency responsible for providing vocational rehabilitation services to individuals who are blind or have a visual impairment resulting in an impediment to employment. DSB and DVR may coordinate to provide joint services if you would benefit from such coordination.

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NEW SECTION
WAC 388-891-0940   Can I receive VR services if I am Native American?   DVR serves eligible Native Americans, including Native Americans who belong to an Indian tribe. If you live on an Indian reservation that operates a vocational rehabilitation program, you may apply for VR services from the tribe or from DVR, or from both agencies.

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NEW SECTION
WAC 388-891-0950   How do I contact DVR if I don't speak English?   If you don't speak English, you may request another type of communication to enable you to meet with DVR. DVR arranges and pays for services you need to communicate with DVR to apply for or receive DVR services.

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NEW SECTION
WAC 388-891-0960   What other methods of communication does DVR use?   DVR uses equipment, devices or other services you need to understand and respond to information. Methods DVR can use to communicate with you include, but are not limited to, the use of:

(1) Interpreters;

(2) Readers;

(3) Captioned videos;

(4) Telecommunications devices and services;

(5) Taped text;

(6) Braille and large print materials; and

(7) Electronic formats.

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NEW SECTION
WAC 388-891-0970   Does DVR translate written communication for people who don't speak English?   (1) DVR translates the following written communication into the primary language of an applicant or eligible individual:

(a) Application for VR services;

(b) Notification of eligibility or ineligibility;

(c) Plan for employment;

(d) Notification of case closure;

(e) Notification of annual review, if appropriate; and

(f) Any notice requiring a response or a signature from the individual to continue receiving services.

(2) DVR translates the Washington Administrative Code (WAC) regarding DVR services or service providers into the primary language of an applicant or eligible individual upon his or her request.

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NEW SECTION
WAC 388-891-0980   How do I apply for VR services?   You have completed the application requirements when you:

(1) Have provided information needed to begin an assessment of eligibility and VR needs.

(2) Are available to participate in assessment services necessary to determine if you are eligible for VR services.

(3) Have signed an application form provided by DVR or provided a written request that includes the following information:

(a) Your name, address and county;

(b) The nature of your disability;

(c) Your birth date and gender;

(d) The date of application; and

(e) Your Social Security Number (optional).

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ELIGIBILITY
NEW SECTION
WAC 388-891-1000   Who is eligible to receive VR services?   You are eligible for VR services if a DVR counselor determines that you meet all of the following criteria:

(1) You have a physical, mental, or sensory impairment that results in a substantial impediment to employment;

(2) You require VR services to prepare for, get or keep a job that matches your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and

(3) You are capable of working as a result of receiving VR services.

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NEW SECTION
WAC 388-891-1005   How does DVR determine if I am eligible?   (1) A DVR counselor reviews and assesses information and records about the current status of your disability and determines whether you meet the eligibility requirements outlined in WAC 388-891-1000. A DVR counselor bases the determination on observations, education records, medical records, information provided by you or your family, and information provided by other agencies or professionals.

(a) If information or records are not current, not available, or not sufficient for a DVR Counselor to determine if you are eligible, DVR provides the assessment services necessary to get the information needed to make a decision.

(b) VR services used to collect additional information and records to determine eligibility can include trial work, assistive technology, personal assistant services, or any other support services necessary to determine if you are eligible.

(c) DVR assists you to make informed choices in the decisions related to assessment services needed to make an eligibility determination.

(d) If you refuse to provide or consent to the release of records or if you refuse to participate in VR services necessary to obtain information required to make an eligibility determination your VR case service record is closed.

(2) If you receive Social Security benefits under Title II or Title XVI of the Social Security Act and you are capable of working after receiving VR services, DVR determines you are eligible upon verification of benefits.

(a) If you cannot provide appropriate evidence, such as an award letter or other type of verification, DVR may request the verification for you, with your consent.

(b) DVR makes maximum efforts to obtain the verification in a reasonable period of time and to determine eligibility within sixty days from the date you complete the application requirements.

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NEW SECTION
WAC 388-891-1010   After I submit my application to DVR, how long does it take DVR to make an eligibility decision?   (1) DVR makes an eligibility decision as soon as enough information is available, but no longer than sixty days after you complete the application requirements.

(2) If DVR does not have enough information to determine your eligibility within sixty days, you and a DVR counselor must agree to:

(a) Extend the eligibility period to collect additional information or records; or

(b) Conduct a trial work experience or extended evaluation, if a DVR counselor is not certain whether VR services will enable you to achieve an employment outcome because of the severity of your disability

(3) If you do not agree to extend the eligibility period, DVR must close your case service record.

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NEW SECTION
WAC 388-891-1015   What if a DVR counselor cannot presume that I am capable of working as a result of receiving VR services because of the severity of my disability?   If a DVR counselor cannot presume DVR services will enable you to achieve an employment outcome because of the severity of your disability, DVR will assess your ability to perform work using a trial work experience or an extended evaluation. The DVR counselor will evaluate the results of the trial work experience or extended evaluation to determine whether you can work as a result of receiving DVR services and whether you are eligible for VR services.

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NEW SECTION
WAC 388-891-1020   Am I eligible for VR services if I receive Social Security disability benefits?   If you receive disability benefits under Title II or XVI of the Social Security Act (SSI or SSDI), DVR presumes that you are an eligible individual unless, because of the severity of your disability, the DVR counselor cannot presume that VR services will enable you to work. If the DVR counselor is not certain that you can work as a result of receiving DVR services, DVR conducts a trial work experience or extended evaluation to collect the information necessary to make a determination.

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NEW SECTION
WAC 388-891-1025   What criteria are not considered in the eligibility decision?   In making an eligibility decision, DVR does not consider your:

(1) Type of disability;

(2) Age, gender, race, color, creed, religion, national origin, or sexual orientation;

(3) Rehabilitation needs;

(4) Type of employment outcome you expect to achieve;

(5) Source of referral;

(6) Anticipated cost of services;

(7) Income.

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NEW SECTION
WAC 388-891-1030   What is involved in a trial work experience?   (1) During a trial work experience, you perform in a realistic work situation with appropriate VR services and/or supports to address your rehabilitation needs, such as supported employment, on-the-job training, assistive technology or personal assistant services. A DVR counselor develops a written plan describing the VR services to be used in the trial work experience.

(2) You participate in one or more trial work experiences over a period of time necessary to produce clear and convincing evidence for a DVR counselor to determine:

(a) You can benefit from VR services and achieve an employment outcome and are eligible for VR services; or

(b) You cannot benefit from VR services and achieve an employment outcome because of the severity of your disability and you are ineligible for VR services.

(3) Trial work experiences occur in the most integrated setting possible, based on your informed choice and rehabilitation needs.

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NEW SECTION
WAC 388-891-1035   What if I cannot participate in a trial work experience?   If you cannot participate in a trial work experience or if DVR has exhausted efforts to arrange a trial work experience, DVR conducts an extended evaluation to obtain the information necessary to determine whether you are eligible for VR services or to enable you to participate in a trial work experience.

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NEW SECTION
WAC 388-891-1040   What is an extended evaluation?   An extended evaluation involves one or more VR services designed to assess whether you are capable of working as a result of receiving VR services. A DVR counselor develops a written plan outlining the VR services to be used during the extended evaluation. Only those services necessary to make an eligibility determination are provided. VR services are provided in the most integrated setting possible, based on your informed choice and rehabilitation needs.

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NEW SECTION
WAC 388-891-1045   What happens if DVR determines that I am not eligible or no longer eligible for VR services?   (1) Before determining that you are not eligible for VR services or that you are no longer eligible for VR services, a DVR counselor consults with you and gives you an opportunity to discuss the decision.

(2) DVR sends you a notice in writing, or using another method of communication, if needed. The notice includes:

(a) An explanation of the reason(s) you are not eligible or no longer eligible;

(b) Your rights to appeal the decision; and

(c) An explanation of the services available from the client assistance program.

(3) If you are ineligible based on a determination that you cannot achieve employment because of the severity of your disability, DVR reviews the decision within twelve months.

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NEW SECTION
WAC 388-891-1050   If I am not eligible for DVR services, can DVR help me find other services and programs to meet my needs?   If DVR determines that you are not eligible for DVR services, DVR provides you with information and refers you to other agencies or organizations that may provide services to meet your employment-related needs. This may include a referral to community rehabilitation programs offering extended employment (sheltered work) if you are determined ineligible based on a determination that you are too severely disabled to achieve employment as a result of receiving VR services.

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IPE DEVELOPMENT
NEW SECTION
WAC 388-891-1100   What is an assessment for determining vocational rehabilitation needs?   Each person determined eligible for VR services completes an assessment of VR needs that may include:

(1) An assessment for determining vocational rehabilitation needs includes a variety of services, including counseling and guidance, to determine your unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(2) The purpose of the comprehensive assessment is to collect and review information you need to select the type of employment outcome to achieve and the VR services you need to achieve the employment outcome.

(3) The comprehensive assessment is limited to services necessary to select an employment outcome and to develop a plan for employment.

(4) DVR uses existing information gathered to determine eligibility, including information provided by you and your family, to the maximum extent possible and appropriate.

(5) The comprehensive assessment may include, as needed:

(a) An assessment of the personality, interests, interpersonal skills, intelligence and related functional abilities, educational abilities, work experience, vocational aptitudes, personal and social adjustments, employment opportunities, and other vocational, educational, cultural, social, recreational, and environmental factors that affect your employment and rehabilitation needs.

(b) Work in real job situations to evaluate and/or develop work behavior and capacities necessary to achieve an employment outcome, including work skills, attitudes, habits, tolerances and social behavior.

(c) Referral for assistive technology services to assess whether services or devices could increase your ability to perform work.

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NEW SECTION
WAC 388-891-1105   Do I have to disclose criminal history information to DVR?   (1) You must disclose information to DVR before you develop a plan for employment about conditions or circumstances, such as a criminal record, identity and work status, that restrict the type of employment you can legally perform.

(2) If you select an employment outcome in a field that customarily requires a background check as a condition of employment, DVR must obtain a criminal history background check that verifies you are not excluded from employment in the field and/or specific job prior to IPE development.

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NEW SECTION
WAC 388-891-1110   What other assessments might be required?   (1) If you have a documented history of violent or predatory behavior that reasonably leads a DVR counselor to believe you may be a threat to yourself or others, you must participate in VR services necessary to determine the level of risk.

(2) If a VR counselor determines, based on an assessment conducted by a qualified professional, that your employment may pose a threat to the safety of you or others because you meet the conditions outlined in WAC 388-891-0110, the employment outcome and employment setting you choose must be evaluated for risk by an appropriate qualified professional.

(3) If a VR counselor becomes aware of a condition or circumstance after you have developed an IPE that may affect your ability to achieve an employment outcome, the VR counselor may conduct necessary assessment services to determine whether you are capable of achieving the employment outcome identified on your IPE.

(4) If you decline to authorize the release of information to DVR or participate in VR services necessary to collect pertinent information which prevents the development of an appropriate IPE, the VR counselor may close your case service record.

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NEW SECTION
WAC 388-891-1115   What is an individualized plan for employment (IPE)?   An individualized plan for employment (IPE) is a DVR form that documents important decisions you and a VR counselor make about vocational rehabilitation services. The decisions documented on the IPE include, but are not limited to:

(1) The employment outcome you plan to achieve;

(2) Each major step you need to accomplish to reach the employment outcome;

(3) Your responsibilities in accomplishing each step of the plan;

(4) DVR's responsibilities in assisting you to accomplish each step of the plan;

(5) VR services needed to complete each step;

(6) Terms and conditions you and your VR counselor agree are required for continued support from DVR.

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NEW SECTION
WAC 388-891-1120   Who develops an IPE?   Each eligible individual develops an IPE, unless DVR is operating under an order of selection. If DVR is operating under an order of selection, each eligible individual in the priority category being served develops an IPE.

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NEW SECTION
WAC 388-891-1125   What information does DVR provide to help me develop my IPE?   DVR provides the following information to help you develop an IPE:

(1) Information about the options available for developing an IPE.

(2) Information that must be included in the IPE.

(3) Financial conditions or restrictions that apply to an IPE.

(4) How to get help completing forms required by DVR.

(5) Information about your rights if you disagree with a decision a DVR counselor makes relating to the IPE.

(6) Information about the client assistance program (CAP) and how to contact the program.

(7) Other information you request.

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NEW SECTION
WAC 388-891-1130   What are the options for developing an IPE?   (1) You may develop an individualized plan for employment (IPE) with support and assistance from:

(a) A VR counselor employed by DVR.

(b) A VR counselor not employed by DVR, but who meets the minimum qualifications for a VR counselor established by DVR.

(c) Another person you choose, such as a representative, family member, advocate, or other individual.

(2) If you choose to develop the IPE with someone other than a DVR counselor, DVR can help you identify individuals that may help you develop your IPE, to the extent resources are available.

(3) You may develop an IPE on your own.

(4) DVR does not pay for any related costs or fees charged by other parties to develop an IPE.

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NEW SECTION
WAC 388-891-1135   Does DVR support any job I choose?   (1) The employment outcome you choose must be consistent with the information and results of the assessment of your VR needs.

(2) DVR supports an individual to achieve an employment outcome as defined in WAC 388-891-0010. If you choose another type of employment, DVR refers you to other programs or organizations that offer the type of employment you choose, when available.

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NEW SECTION
WAC 388-891-1140   What must be included on the IPE form?   An IPE must include:

(1) An employment outcome that is consistent with the definition of employment outcome in WAC 388-891-0010;

(2) The VR services you need to achieve the employment outcome;

(3) Timeline for each service on your IPE and for achieving the employment outcome;

(4) The name of the person or organization selected to provide each service included on the IPE and how you will obtain the services;

(5) Criteria you will use to evaluate whether you are making progress toward achieving the employment outcome;

(6) Terms and conditions, including:

(a) A description of what DVR has agreed to do to support your IPE; and

(b) A description of what you have agreed to do to reach your employment outcome, including:

(i) Steps you will take to achieve your employment goal;

(ii) Services you agree to help pay for, and how much you agree to pay; and

(iii) Services you agree to apply for and use that are available to you at no cost from another program.

(7) Expected need for post-employment services prior to closing the case service record and, if appropriate, a statement of how post employment services are arranged using comparable services and benefits;

(8) An IPE that includes a supported employment outcome must also document:

(a) Supported employment services to be provided;

(b) Extended services or natural supports that are likely to be needed;

(c) Who will provide and pay for natural supports or extended services. If it is not known who will provide and/or pay for extended services or natural supports at the time the IPE is developed, the IPE must include a statement explaining the basis for determining that a resource is likely to become available;

(d) A goal for the number of hours per week you are going to work and a plan to monitor your progress toward meeting the goal;

(e) A description of how the services on your IPE are coordinated with other federal or state services you get under an individualized plan;

(f) If job skills training is provided, the IPE must reflect that the training is provided on-site;

(g) Placement in an integrated setting for the maximum number of hours possible based on your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(9) An IPE for a high school student who is receiving special education services is coordinated with the individualized education plan in terms of the goals, objectives, and services identified to the extent possible.

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NEW SECTION
WAC 388-891-1145   When does the IPE become effective?   The IPE becomes effective when it is signed by you and a DVR counselor. DVR gives you a copy of the signed IPE, in writing or in another method of communication, if needed.

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NEW SECTION
WAC 388-891-1150   Is the IPE reviewed and updated?   You and a qualified VR counselor review the IPE at least once a year, or more often if needed, to assess your progress in achieving an employment outcome. You and a VR counselor amend the IPE if there are major changes in the employment goal, VR services, or service provider(s). Changes to an IPE take effect when you and a DVR counselor sign the amended IPE.

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LOANING EQUIPMENT
NEW SECTION
WAC 388-891-1200   Under what conditions does DVR loan equipment, devices or other items to me?   If you need a device, tool, piece of equipment or other item to participate in VR services or to go to work, DVR loans a new or used item to you until you achieve an employment outcome. DVR loans a used item from the DVR inventory if available at the time needed and DVR determines it is adequate to meet your needs.

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NEW SECTION
WAC 388-891-1210   What if I need an item customized for my own personal needs?   A DVR counselor determines whether to loan or issue a device, tool, piece of equipment or other item based on the reasonable likelihood that the item could be used by another individual if returned to DVR. If the DVR counselor determines an item could not be used by another individual if it were returned to DVR, the DVR counselor may issue the item directly to you without a loan agreement and the item is owned by you at the time of issue.

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NEW SECTION
WAC 388-891-1220   What conditions apply to the use of a device, tool, piece of equipment or other item that is loaned to me?   Before DVR loans an item to you, you must sign an agreement with DVR to comply with the following conditions:

(1) You agree to immediately return the item upon request or to pay for the item if you cannot return it to DVR;

(2) You agree to maintain the item according to DVR instructions and manufacturer's guidelines, if applicable, and keep it secure from damage, loss or theft.

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NEW SECTION
WAC 388-891-1230   What happens if I fail to return a device, tool, piece of equipment or other item if requested by DVR?   If DVR directs you to return an item loaned to you and you do not immediately return it, DVR reports the loss to the DSHS office of financial recovery (OFR). The OFR attempts to recover the item or payment for the item from you. If the OFR cannot recover the item or payment for the item from you, the OFR may report the loss to the local county prosecutor for legal action.

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NEW SECTION
WAC 388-891-1240   What happens to a device, tool, piece of equipment or other item if I need it when my DVR case service record is closed?   DVR may transfer ownership of the device, tool, piece of equipment or other item to you at the time a DVR counselor closes your case service record if you have achieved an employment outcome and you need the item to keep your job.

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CASE CLOSURE
NEW SECTION
WAC 388-891-1300   Why does DVR close a case service record?   A DVR counselor closes your case service record for any of the following reasons:

(1) You achieve an employment outcome;

(2) DVR determines that you are not eligible or no longer eligible;

(3) You are no longer available to participate in services;

(4) You decline VR services;

(5) You cannot be located;

(6) You ask DVR to close your case service record; or

(7) You refuse to cooperate in required or agreed upon services.

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NEW SECTION
WAC 388-891-1310   How does DVR determine that I have achieved an employment outcome?   DVR determines that you have achieved an employment outcome and no longer need VR services if:

(1) You received services under an IPE that helped you achieve the employment outcome on your employment plan;

(2) Your job matches your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice;

(3) You have been working at the same job for at least ninety days to ensure the stability of your employment; and

(4) You and a DVR counselor agree the job is satisfactory, that you are performing the job well, and that you no longer need VR services.

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NEW SECTION
WAC 388-891-1320   Am I involved in the decision to close my case?   Before closing your case, a DVR counselor gives you an opportunity to discuss the decision. DVR notifies you in writing, or another method of communication, if needed, about the reason your case is being closed and your rights if you disagree with the decision.

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NEW SECTION
WAC 388-891-1330   Under what conditions does DVR follow up with me after my case is closed?   (1) DVR contacts you within twelve months after your case service record is closed and annually for two years after that to review whether anything has changed to affect your eligibility if:

(a) DVR closes your case after determining you are ineligible because you are too severely disabled to achieve an employment outcome as a result of VR services;

(b) You achieve a supported employment outcome and earn wages under section 14(c) of the Fair Labor Standards Act while working toward competitive employment;

(c) You choose extended employment; or

(d) You and your DVR counselor cannot find a source for extended services and/or cannot establish natural supports during the initial eighteen months of your individualized plan for supported employment.

(2) After DVR completes the reviews annually for two years, you or your representative may request additional annual reviews.

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3165.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-890-0005 What is the purpose of this chapter?
WAC 388-890-0010 What definitions apply to this chapter?
WAC 388-890-0015 What is informed choice?
WAC 388-890-0020 How does DVR support the informed choice process?
WAC 388-890-0025 What decisions can I make using informed choice?
WAC 388-890-0030 What if I don't know how to use the informed choice decision making process?
WAC 388-890-0035 Who is eligible to receive VR services?
WAC 388-890-0040 How does DVR determine whether VR services will enable me to work?
WAC 388-890-0045 Am I eligible for VR services if I receive Social Security disability benefits?
WAC 388-890-0050 What criteria are not considered in the eligibility decision?
WAC 388-890-0055 What information does DVR use to make an eligibility decision?
WAC 388-890-0060 After I submit my application to DVR, how long does it take DVR to make an eligibility decision?
WAC 388-890-0065 What happens if DVR determines that I am not eligible?
WAC 388-890-0070 If I am not eligible for DVR services, can DVR help me find other services and programs to meet my needs?
WAC 388-890-0071 If I am eligible for or ineligible for VR services, how will I be notified?
WAC 388-890-0075 Who can apply for vocational rehabilitation services?
WAC 388-890-0080 Can I receive VR services if I am not a United States citizen?
WAC 388-890-0085 Am I required to provide proof of my identity and work status?
WAC 388-890-0090 If I don't live in Washington, can I receive VR or IL program services?
WAC 388-890-0095 Can I receive VR services if I am legally blind?
WAC 388-890-0100 Can I receive VR or IL program services if I am Native American?
WAC 388-890-0105 How do I apply for VR services?
WAC 388-890-0110 Under what general conditions does DVR provide vocational rehabilitation services to individuals?
WAC 388-890-0115 Can I ask for an exception to a rule or a condition relating to VR services?
WAC 388-890-0120 How do I ask for an exception to a rule or condition in this chapter?
WAC 388-890-0125 What happens if the service I want exceeds what I need or is more expensive than a similar service?
WAC 388-890-0130 Can a guardian or another representative act on my behalf?
WAC 388-890-0135 What is the purpose of vocational rehabilitation (VR) services?
WAC 388-890-0140 How do I know which VR services are right for me?
WAC 388-890-0145 What vocational rehabilitation services are available to individuals from DVR?
WAC 388-890-0150 What are assessment services?
WAC 388-890-0155 To determine whether I am eligible for VR services, who decides what assessment services I need and where to get the assessment services?
WAC 388-890-0160 If I need assessment services to help me choose an employment goal and what VR services I need, who decides what assessment services I need and where to get the assessment services?
WAC 388-890-0165 What if I already have assessment information to help me and DVR make the decisions we need to make?
WAC 388-890-0170 How do I provide needed assessment information to DVR?
WAC 388-890-0175 What is an assistive technology device?
WAC 388-890-0180 Under what conditions does DVR provide and issue assistive technology devices?
WAC 388-890-0185 Under what conditions does DVR provide vehicle modifications?
WAC 388-890-0190 What are assistive technology services?
WAC 388-890-0195 Under what conditions does DVR provide assistive technology services?
WAC 388-890-0200 What are counseling and guidance services?
WAC 388-890-0210 Under what conditions does DVR provide counseling and guidance services?
WAC 388-890-0220 What are independent living services?
WAC 388-890-0225 Under what conditions does DVR provide independent living services?
WAC 388-890-0230 What are interpreter services?
WAC 388-890-0235 Under what conditions can I receive interpreter services?
WAC 388-890-0240 What are job placement and job retention services?
WAC 388-890-0245 Under what conditions can I receive job placement and job retention services?
WAC 388-890-0250 What are maintenance services?
WAC 388-890-0255 Under what conditions does DVR provide maintenance services?
WAC 388-890-0260 What are occupational licenses?
WAC 388-890-0265 Under what conditions can I get an occupational license?
WAC 388-890-0270 What other goods and services does DVR provide?
WAC 388-890-0275 Under what conditions does DVR provide and issue other goods and services?
WAC 388-890-0280 What are personal assistance services?
WAC 388-890-0285 Under what conditions does DVR provide or pay for personal assistance services?
WAC 388-890-0290 What are the physical and mental restoration services DVR provides?
WAC 388-890-0295 Under what conditions does DVR provide physical and mental restoration services?
WAC 388-890-0300 What are the medical treatments DVR does not pay for?
WAC 388-890-0305 What are post-employment services?
WAC 388-890-0310 Under what conditions does DVR provide post-employment services?
WAC 388-890-0315 What are reader services?
WAC 388-890-0320 Under what conditions does DVR provide reader services?
WAC 388-890-0325 What are referral services?
WAC 388-890-0330 Under what conditions does DVR provide referral services?
WAC 388-890-0335 What is rehabilitation engineering?
WAC 388-890-0340 Under what conditions does DVR provide rehabilitation engineering?
WAC 388-890-0345 What are self-employment services?
WAC 388-890-0350 Under what conditions does DVR provide self-employment services and issue items for self-employment?
WAC 388-890-0355 What are services to family members?
WAC 388-890-0360 Under what conditions does DVR provide services to my family members?
WAC 388-890-0365 What are supported employment services?
WAC 388-890-0370 What are tools, equipment, initial stocks and supplies?
WAC 388-890-0375 Under what conditions does DVR provide and issue tools, equipment, initial stocks and supplies?
WAC 388-890-0380 What are training services?
WAC 388-890-0385 What is on-the-job training?
WAC 388-890-0390 Under what conditions does DVR provide on-the-job training?
WAC 388-890-0395 Under what conditions does DVR provide training services and issue items for training?
WAC 388-890-0400 Do I have to apply for a student loan to pay for training services?
WAC 388-890-0405 Can I receive training services from a private school, an out-of-state training agency or an out-of-state college?
WAC 388-890-0410 What are transition services?
WAC 388-890-0415 Under what conditions does DVR provide transition services?
WAC 388-890-0420 How does DVR coordinate with public high schools to provide transition services?
WAC 388-890-0425 How does DVR help me plan transition services?
WAC 388-890-0430 Who decides what transition services I get from DVR?
WAC 388-890-0435 What activities does DVR support after I leave high school?
WAC 388-890-0440 What are transportation services?
WAC 388-890-0445 Under what conditions does DVR provide transportation services?
WAC 388-890-0450 Under what conditions does DVR provide and issue a vehicle?
WAC 388-890-0455 Under what conditions does DVR issue a device, tool, piece of equipment or other item I need to participate in VR services or to get a job?
WAC 388-890-0460 What conditions apply to the use of a device, tool, piece of equipment or other item that is issued to me?
WAC 388-890-0465 What types of devices, tools, pieces of equipment or other items can DVR issue to me?
WAC 388-890-0470 Does DVR issue new or used devices, tools, pieces of equipment, or other items?
WAC 388-890-0475 What happens if I fail to return a device, tool, piece of equipment or other item if requested by DVR?
WAC 388-890-0480 What happens to a device, tool, piece of equipment or other item if I need it when my DVR case service record is closed?
WAC 388-890-0485 What is an individualized plan for employment (IPE)?
WAC 388-890-0490 How do I develop an IPE?
WAC 388-890-0495 What information does DVR give me to develop my IPE?
WAC 388-890-0500 Who makes decisions about what to include on my IPE?
WAC 388-890-0505 Can I include any VR services I want on my IPE?
WAC 388-890-0510 What if the employment goal I choose is religious in nature?
WAC 388-890-0515 What must be included on my IPE?
WAC 388-890-0520 Who signs the IPE?
WAC 388-890-0525 Is the IPE reviewed and updated?
WAC 388-890-0530 Why does DVR close a case service record?
WAC 388-890-0535 Under what conditions does DVR determine that I am working and no longer need VR services?
WAC 388-890-0540 Am I involved in the decision to close my case?
WAC 388-890-0545 What is competitive employment?
WAC 388-890-0550 What is extended employment?
WAC 388-890-0555 If the job I get is in extended employment, what follow-up does DVR provide?
WAC 388-890-0560 Under what conditions does DVR follow up with me if I am determined ineligible for VR services?
WAC 388-890-0570 What is supported employment?
WAC 388-890-0575 Who is eligible for supported employment?
WAC 388-890-0580 Who decides if I am eligible for supported employment?
WAC 388-890-0585 What is competitive work in supported employment?
WAC 388-890-0590 What is an integrated setting in supported employment?
WAC 388-890-0595 Is my work setting integrated if my interactions at the work site are with nondisabled supported employment service providers?
WAC 388-890-0600 What is transitional employment?
WAC 388-890-0605 What are supported employment services?
WAC 388-890-0610 What are ongoing support services?
WAC 388-890-0615 Under what conditions does DVR provide supported employment services?
WAC 388-890-0620 What is included on my individualized plan for supported employment?
WAC 388-890-0625 What are extended services?
WAC 388-890-0630 Does DVR provide extended services?
WAC 388-890-0635 Who provides the extended services I need?
WAC 388-890-0640 What is natural support?
WAC 388-890-0645 Are supported employment services time-limited?
WAC 388-890-0650 What is required for me to change from supported employment services to extended services?
WAC 388-890-0655 What happens if my VR counselor and I do not find a source for extended services and/or we cannot establish natural supports during the initial eighteen months of my individualized plan for employment?
WAC 388-890-0660 Under what conditions does DVR close my case service record for supported employment?
WAC 388-890-0665 Under what conditions does DVR provide supported employment services as post-employment services?
WAC 388-890-0670 What is a trial work experience?
WAC 388-890-0675 What happens during a trial work experience?
WAC 388-890-0680 Who decides if a trial work experience is needed to determine if I am eligible for DVR services?
WAC 388-890-0685 What services does DVR provide during a trial work experience?
WAC 388-890-0690 What if I am too significantly disabled to participate in a trial work experience?
WAC 388-890-0695 What choices can I make about the trial work experience?
WAC 388-890-0700 Am I evaluated during the trial work experience?
WAC 388-890-0705 When does DVR make an eligibility decision when I am in a trial work experience?
WAC 388-890-0710 Are there any vocational rehabilitation services that can be provided to a group of individuals with disabilities?
WAC 388-890-0715 Under what conditions does DVR provide services to a group of individuals with disabilities to establish, develop or improve a community rehabilitation program?
WAC 388-890-0720 Under what conditions does DVR provide services to a group of individuals with disabilities that cannot be purchased under an individual IPE?
WAC 388-890-0725 Under what conditions does DVR provide consulting and/or technical assistance to plan for the transition of students with disabilities?
WAC 388-890-0730 What if DVR does not have funding to serve all eligible individuals?
WAC 388-890-0745 If DVR has to decide in what category to place me, who decides what assessment services I need and where to get the assessment services?
WAC 388-890-0750 What categories are used by DVR to determine the priority by which eligible individuals are served and in what order are the categories prioritized?
WAC 388-890-0755 What information does DVR use to determine whether I am in category one?
WAC 388-890-0760 What information does DVR use to determine whether I am in category two?
WAC 388-890-0765 What information does DVR use to determine whether I am in category three?
WAC 388-890-1100 How are costs for VR and IL program services paid?
WAC 388-890-1110 What are comparable services and benefits?
WAC 388-890-1115 What VR or IL program services are provided without a determination of comparable services or benefits?
WAC 388-890-1120 What if determining the availability of comparable services and benefits would result in a delay or interrupt my progress?
WAC 388-890-1125 What is extreme medical risk?
WAC 388-890-1130 Does DVR pay for a service if comparable services and benefits are available, but I don't want to use them?
WAC 388-890-1135 Are awards and scholarships based on merit considered comparable services and benefits?
WAC 388-890-1140 How do I get comparable services and benefits?
WAC 388-890-1145 How does DVR determine whether I pay for all or part of my VR or IL services using my own financial resources?
WAC 388-890-1150 Do I have to report my financial status if I receive public assistance or income support from another public program?
WAC 388-890-1155 What financial information does DVR use to decide if I need to help pay for VR services?
WAC 388-890-1160 Are any of my resources not counted in the decision about whether I have to help pay for services?
WAC 388-890-1165 How does DVR decide whether I have resources to help pay for VR services?
WAC 388-890-1170 How is the amount I pay for VR or IL program services determined?
WAC 388-890-1175 What VR or IL program services am I not required to help pay for?
WAC 388-890-1180 What if a VR counselor makes a decision about my VR services that I don't agree with?
WAC 388-890-1185 What is the client assistance program (CAP)?
WAC 388-890-1190 What is mediation?
WAC 388-890-1195 When can I ask for mediation?
WAC 388-890-1200 Who arranges and pays for mediation?
WAC 388-890-1205 Is information discussed during mediation confidential?
WAC 388-890-1210 How do I request mediation?
WAC 388-890-1215 After the mediation session, do I receive a written statement of the results?
WAC 388-890-1220 What is a formal hearing?
WAC 388-890-1225 When is a formal hearing available?
WAC 388-890-1230 How do I request a formal hearing?
WAC 388-890-1235 After I submit a request for a formal hearing, when is it held?
WAC 388-890-1240 Do I receive a written formal hearing decision?
WAC 388-890-1245 Is the decision after a formal hearing final?
WAC 388-890-1250 Can DVR suspend, reduce or terminate my services while waiting for a formal hearing decision?
WAC 388-890-1255 How do I know what personal information I must give DVR and how it is used?
WAC 388-890-1260 Does DVR keep a record of my VR services on file?
WAC 388-890-1265 Under what conditions does DVR share personal information in my record with another service provider or organization?
WAC 388-890-1270 When DVR gets personal information about me from another agency or service provider, is it kept confidential?
WAC 388-890-1275 Does DVR change incorrect information in my record?
WAC 388-890-1280 How do I receive copies of information from my DVR record?
WAC 388-890-1285 Can DVR release personal information without my written consent?
WAC 388-890-1290 Under what conditions does DVR release personal information for audit, evaluation or research?
WAC 388-890-1295 How does DVR protect personal information about drug, alcohol, HIV/AIDS and sexually transmitted diseases?
WAC 388-890-1300 How do I contact DVR if I don't speak English?
WAC 388-890-1305 What other methods of communication does DVR use?
WAC 388-890-1310 When does DVR communicate with me using methods other than English?

Washington State Code Reviser's Office