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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6313individuals with disabilities other thanindividuals with visual disabilities. TheSecretary believes that prohibitingmembers of a Council from serving asimpartial hearing officers in casesinvolving any DSU within the Statewould be unduly restrictive. TheSecretary also believes that otherimpartiality requirements in thedefinition that apply to all impartialhearing officers, including those whoare members of Councils for other DSUs(e.g., the individual has no personal,professional, or financial conflict ofinterest) will sufficiently ensure theabsence of potential conflicts betweenthe hearing officer and the parties to thedispute.Changes: None.• MaintenanceComments: Some commentersrequested that the definition of‘‘maintenance’’ in the proposedregulations be expanded to includeexpenses other than living expenses(e.g., food, shelter, and clothing). As anexample, the commenters stated thatmaintenance should be authorized tosupport costs incurred by eligibleindividuals who take part in enrichmentactivities as part of a training programin a higher education institution.Several other commentersrecommended deletion of the fourthexample in the note following theproposed definition, which stated thatmaintenance could be used to pay forfood, shelter, and clothing for homelessor recently deinstitutionalizedindividuals until other financialassistance is secured. These commentersasserted that these costs should besupported by welfare or other publicassistance agencies rather than DSUs.Discussion: The Secretary agrees thatmaintenance may include costs otherthan standard living expenses (i.e., food,shelter, and clothing) as long as theexpenses are in excess of the normalexpenses incurred by an eligibleindividual or an individual receivingextended evaluation services. Limitingmaintenance to additional costsincurred by individuals receivingservices under an IWRP or under awritten plan for providing extendedevaluation services is consistent withsection 103(a)(5) of the Act, whichrestricts the provision of maintenance to‘‘additional costs while participating inrehabilitation.’The Secretary also agrees that thefourth example of permissiblemaintenance expenses in the proposedregulations was inadvisable. PermittingDSUs to support the full costs of ahomeless or deinstitutionalizedindividual’s subsistence under themaintenance authority, until otherfinancial assistance becomes available,is inconsistent with the policy oflimiting maintenance costs to those inexcess of the individual’s normalexpenses. In addition, the Secretaryagrees that welfare and other socialservice agencies are better equipped tosupport the everyday living expenses ofthe homeless or deinstitutionalized.However, a DSU could choose toprovide short-term emergency financialassistance to those individuals under§ 361.48(a)(20) as ‘‘other’’ services thatthe DSU determines are necessary forthe individual to achieve anemployment outcome.Changes: The Secretary has deletedthe term ‘‘living’’ from § 361.5(b)(31) ofthe proposed regulations to clarify thatmaintenance may include expensesother than living expenses. In addition,the Secretary has deleted the fourthexample in the note following theproposed definition of maintenance andreplaced it with an example of apermissible maintenance cost thatwould not constitute a living expense.• Ongoing Support ServicesComments: Some commentersrecommended that the Secretary place atime limit on the provision of ongoingsupport services furnished by extendedservices providers. The commentersstated that the regulations should permitongoing support services to ‘‘fade’’ oncethey are no longer needed to maintainan individual in supportedemployment.Discussion: It is RSA’s longstandingpolicy that individuals with the mostsevere disabilities who are placed insupported employment should requireongoing support services throughout thecourse of their placement. The need forongoing support services provides acritical distinction (i.e., the provision ofongoing supports) between supportedemployment and other kinds ofemployment outcomes. The Secretarybelieves that if an individual insupported employment no longerrequires ongoing support services thatindividual is no longer an appropriatecandidate for supported employment.Changes: None.• Personal Assistance ServicesComments: Some commentersrequested that the definition of‘‘personal assistance services’’ in theproposed regulations be amended tomore closely track the statutorydefinition of that term in section 7(11)of the Act. The commenters stated thatrevision to the proposed definition isneeded to clarify that personalassistance services need not be providedon the job site.Discussion: The Secretary agrees thatpersonal assistance services may beprovided off the job site as long as theyare necessary to assist an individualwith a disability to perform daily livingfunctions and achieve an employmentoutcome and are provided while theindividual is participating in a programof VR services. The Secretary believesthe proposed definition clearlyauthorized personal assistance servicesneeded by an individual to performeveryday activities off the job but,nevertheless, agrees that furtherclarification may be helpful.Changes: The Secretary has amended§ 361.5(b)(34) of the proposedregulations to track the language insection 7(11) of the Act authorizingpersonal assistance services needed toincrease the individual’s control in lifeand ability to perform everydayactivities on or off the job.• Physical and Mental RestorationServicesComments: Some commentersrequested that the regulatory definitionof ‘‘physical and mental restorationservices’’ specifically includepsychological services provided byqualified personnel under Statelicensure laws.Discussion: The Secretary agrees thatpsychological services are a form ofmental restoration services.Psychological services, however, aresubsumed within the broader term‘‘mental health services’’ in paragraph(xiii) of the definition and need not beidentified separately. Moreover, section103(a)(4) of the Act authorizes services,including psychological services, thatare needed to diagnose and treat mentalor emotional disorders only if thoseservices are provided by qualifiedpersonnel in accordance with Statelicensure laws. This requirement, whichwas included in the proposeddefinition, is reflected in paragraph (ii)of the definition in the final regulations.Changes: None.• Physical or Mental ImpairmentComments: Some commentersrequested clarification of therequirement in the proposed regulationsthat a physical or mental impairmentwill probably result in materiallylimiting mental or physical functioningif it is not treated. One commenterstated that the definition should belimited to conditions that cause presentfunctional limitations so as not tounnecessarily expand the pool ofeligible individuals.