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federal register - U.S. Government Printing Office

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6338 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations(ii) With respect to an employmentoutcome, means a setting typicallyfound in the community in whichapplicants or eligible individualsinteract with non-disabled individuals,other than non-disabled individualswho are providing services to thoseapplicants or eligible individuals, to thesame extent that non-disabledindividuals in comparable positionsinteract with other persons.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(31) Maintenance means monetarysupport provided to an eligibleindividual or an individual receivingextended evaluation services for thoseexpenses, such as food, shelter, andclothing, that are in excess of the normalexpenses of the individual and that arenecessitated by the individual’sparticipation in a program of vocationalrehabilitation services.(Authority: Secs. 12(c) and 103(a)(5) of theAct; 29 U.S.C. 711(c) and 723(a)(5))Note: The following are examples ofexpenses that would meet the definition ofmaintenance. The examples are purelyillustrative, do not address all possiblecircumstances, and are not intended tosubstitute for individual counselorjudgement.Example: The cost of a uniform or othersuitable clothing that is required for anindividual’s job placement or job seekingactivities.Example: The cost of short-term shelterthat is required in order for an individual toparticipate in vocational training at a site thatis not within commuting distance of anindividual’s home.Example: The initial one-time costs, suchas a security deposit or charges for theinitiation of utilities, that are required inorder for an individual to relocate for a jobplacement.Example: The costs of an individual’sparticipation in enrichment activities relatedto that individual’s training program.(32) Nonprofit, with respect to acommunity rehabilitation program,means a community rehabilitationprogram carried out by a corporation orassociation, no part of the net earningsof which inures, or may lawfully inure,to the benefit of any private shareholderor individual and the income of whichis exempt from taxation under section501(c)(3) of the Internal Revenue Codeof 1954.(Authority: Sec. 7(10) of the Act; 29 U.S.C.706(10))(33) Ongoing support services, as usedin the definition of ‘‘Supportedemployment’’—(i) Means services that are—(A) Needed to support and maintainan individual with a most severedisability in supported employment;(B) Identified based on adetermination by the designated Stateunit of the individual’s needs asspecified in an individualized writtenrehabilitation program; and(C) Furnished by the designated Stateunit from the time of job placementuntil transition to extended services,unless post-employment services areprovided following transition, andthereafter by one or more extendedservices providers throughout theindividual’s term of employment in aparticular job placement or multipleplacements if those placements arebeing provided under a program oftransitional employment;(ii) Must include an assessment ofemployment stability and provision ofspecific services or the coordination ofservices at or away from the worksitethat are needed to maintain stabilitybased on—(A) At a minimum, twice-monthlymonitoring at the worksite of eachindividual in supported employment; or(B) If under special circumstances,especially at the request of theindividual, the individualized writtenrehabilitation program provides for offsitemonitoring, twice-monthly meetingswith the individual;(iii) Consist of—(A) Any particularized assessmentsupplementary to the comprehensiveassessment of rehabilitation needsdescribed in this part;(B) The provision of skilled jobtrainers who accompany the individualfor intensive job skill training at thework site;(C) Job development and placement;(D) Social skills training;(E) Regular observation or supervisionof the individual;(F) Follow-up services includingregular contact with the employers, theindividuals, the parents, familymembers, guardians, advocates orauthorized representatives of theindividuals, and other suitableprofessional and informed advisors, inorder to reinforce and stabilize the jobplacement;(G) Facilitation of natural supports atthe worksite;(H) Any other service identified in thescope of vocational rehabilitationservices for individuals, described in§ 361.48; or(I) Any service similar to the foregoingservices.(Authority: Sec. 7(33) and 12(c) of the Act;29 U.S.C. 706(33) and 711(c))(34) Personal assistance servicesmeans a range of services provided byone or more persons designed to assistan individual with a disability toperform daily living activities on or offthe job that the individual wouldtypically perform without assistance ifthe individual did not have a disability.The services must be designed toincrease the individual’s control in lifeand ability to perform everydayactivities on or off the job. The servicesmust be necessary to the achievement ofan employment outcome and may beprovided only while the individual isreceiving other vocational rehabilitationservices. The services may includetraining in managing, supervising, anddirecting personal assistance services.(Authority: Sec. 7(11) and 103(a)(15) of theAct; 29 U.S.C. 706(11) and 29 U.S.C. 723)(35) Physical and mental restorationservices means—(i) Corrective surgery or therapeutictreatment that is likely, within areasonable period of time, to correct ormodify substantially a stable or slowlyprogressive physical or mentalimpairment that constitutes asubstantial impediment to employment;(ii) Diagnosis of and treatment formental or emotional disorders byqualified personnel in accordance withState licensure laws;(iii) Dentistry;(iv) Nursing services;(v) Necessary hospitalization (eitherinpatient or outpatient care) inconnection with surgery or treatmentand clinic services;(vi) Drugs and supplies;(vii) Prosthetic, orthotic, or otherassistive devices, including hearingaids;(viii) Eyeglasses and visual services,including visual training, and theexamination and services necessary forthe prescription and provision ofeyeglasses, contact lenses, microscopiclenses, telescopic lenses, and otherspecial visual aids prescribed bypersonnel that are qualified inaccordance with State licensure laws;(ix) Podiatry;(x) Physical therapy;(xi) Occupational therapy;(xii) Speech or hearing therapy;(xiii) Mental health services;(xiv) Treatment of either acute orchronic medical complications andemergencies that are associated with orarise out of the provision of physicaland mental restoration services, or thatare inherent in the condition undertreatment;(xv) Special services for the treatmentof individuals with end-stage renaldisease, including transplantation,dialysis, artificial kidneys, and supplies;and(xvi) Other medical or medicallyrelated rehabilitation services.

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