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6356 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationsrelated services personnel on theprovision of rehabilitation technologyservices;(3) The manner in which assistivetechnology devices and services will beprovided or worksite assessments willbe made as part of the assessment fordetermining eligibility and vocationalrehabilitation needs of an individual;and(4) The manner in which on-the-joband other related personal assistanceservices will be provided to assistindividuals while they are receivingvocational rehabilitation services.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 101(a)(5)(C), 101(a)(26),101(a)(31), and 103(a) of the Act; 29 U.S.C.721(a)(5)(C), 721(a)(26), 721(a)(31), and723(a))§ 361.49 Scope of vocational rehabilitationservices for groups of individuals withdisabilities.(a) The State plan may also providefor the following vocationalrehabilitation services for the benefit ofgroups of individuals with disabilities:(1) The establishment, development,or improvement of a public or othernonprofit community rehabilitationprogram that is used to provide servicesthat promote integration andcompetitive employment, includingunder special circumstances, theconstruction of a facility for a public ornonprofit community rehabilitationprogram. Examples of ‘‘specialcircumstances’’ include the destructionby natural disaster of the only availablecenter serving an area or a Statedetermination that construction isnecessary in a rural area because noother public agencies or privatenonprofit organizations are currentlyable to provide services to individuals.(2) Telecommunications systems thathave the potential for substantiallyimproving vocational rehabilitationservice delivery methods anddeveloping appropriate programming tomeet the particular needs of individualswith disabilities, including telephone,television, video description services,satellite, tactile-vibratory devices, andsimilar systems, as appropriate.(3) Special services to providerecorded material or video descriptionservices for individuals who are blind,captioned television, films, or videocassettes for individuals who are deaf,tactile materials for individuals who aredeaf-blind, and other special servicesthat provide information through tactile,vibratory, auditory, and visual media.(4) Technical assistance and supportservices, such as job site modificationand other reasonable accommodations,to businesses that are not subject to TitleI of the Americans with Disabilities Actof 1990 and that are seeking to employindividuals with disabilities.(5) In the case of small businessenterprises operated by individuals withthe most severe disabilities under thesupervision of the State unit, includingenterprises established under theRandolph-Sheppard program,management services and supervision,acquisition of equipment, initial stocksand supplies, and initial operatingexpenses, in accordance with thefollowing requirements:(i) ‘‘Management services andsupervision’’ includes inspection,quality control, consultation,accounting, regulating, in-servicetraining, and related services providedon a systematic basis to support andimprove small business enterprisesoperated by individuals with the mostsevere disabilities. ‘‘Managementservices and supervision’’ may beprovided throughout the operation ofthe small business enterprise.(ii) ‘‘Initial stocks and supplies’’includes those items necessary to theestablishment of a new businessenterprise during the initialestablishment period, which may notexceed six months.(iii) Costs of establishing a smallbusiness enterprise may includeoperational costs during the initialestablishment period, which may notexceed six months.(iv) If the State plan provides for theseservices, it must contain an assurancethat only individuals with the mostsevere disabilities will be selected toparticipate in this supervised program.(v) If the State plan provides for theseservices and the State unit chooses toset aside funds from the proceeds of theoperation of the small businessenterprises, the State plan also mustassure that the State unit maintains adescription of the methods used insetting aside funds and the purposes forwhich funds are set aside. Funds may beused only for small business enterprisespurposes, and benefits that are providedto operators from set-aside funds mustbe provided on an equitable basis.(6) Other services that promise tocontribute substantially to therehabilitation of a group of individualsbut that are not related directly to theIWRP of any one individual. Examplesof those other services might include thepurchase or lease of a bus to providetransportation to a group of applicantsor eligible individuals or the purchaseof equipment or instructional materialsthat would benefit a group of applicantsor eligible individuals.(b) If the State plan provides forvocational rehabilitation services forgroups of individuals, the State planmust assure that the designated Stateunit—(1) Develops and maintains writtenpolicies covering the nature and scopeof each of the vocational rehabilitationservices it provides and the criteriaunder which each service is provided;and(2) Maintains information to ensurethe proper and efficient administrationof those services in the form and detailand at the time required by theSecretary, including the types ofservices provided, the costs of thoseservices, and, to the extent feasible,estimates of the numbers of individualsbenefitting from those services.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 12(c), 101(a)(6), and 103(b)of the Act; 29 U.S.C. 711(c), 721(a)(6), and723(b))§ 361.50 Written policies governing theprovision of services for individuals withdisabilities.The State plan must assure that theState unit develops and maintainswritten policies covering the nature andscope of each of the vocationalrehabilitation services specified in§ 361.48 and the criteria under whicheach service is provided. The policiesmust ensure that the provision ofservices is based on the rehabilitationneeds of each individual as identified inthat individual’s IWRP and is consistentwith the individual’s informed choice.The written policies may not establishany arbitrary limits on the nature andscope of vocational rehabilitationservices to be provided to the individualto achieve an employment outcome. Thepolicies must be developed inaccordance with the followingprovisions:(a) Out-of-State services. (1) The Stateunit may establish a preference for in-State services, provided that thepreference does not effectively deny anindividual a necessary service. If theindividual chooses an out-of-Stateservice at a higher cost than an in-Stateservice, if either service would meet theindividual’s rehabilitation needs, thedesignated State unit is not responsiblefor those costs in excess of the cost ofthe in-State service.(2) The State unit may not establishpolicies that effectively prohibit theprovision of out-of-State services.(b) Payment for services. (1) The Stateunit shall establish and maintainwritten policies to govern the rates ofpayment for all purchased vocationalrehabilitation services.
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6357(2) The State unit may establish a feeschedule designed to ensure areasonable cost to the program for eachservice, provided that the schedule is—(i) Not so low as to effectively denyan individual a necessary service; and(ii) Not absolute and permitsexceptions so that individual needs canbe addressed.(3) The State unit may not placeabsolute dollar limits on specific servicecategories or on the total servicesprovided to an individual.(c) Duration of services. (1) The Stateunit may establish reasonable timeperiods for the provision of servicesprovided that the time periods are—(i) Not so short as to effectively denyan individual a necessary service; and(ii) Not absolute and permitexceptions so that individual needs canbe addressed.(2) The State unit may not establishabsolute time limits on the provision ofspecific services or on the provision ofservices to an individual. The durationof each service needed by an individualmust be determined on an individualbasis and reflected in that individual’sIWRP.(d) Authorization of services. TheState unit shall establish policies relatedto the timely authorization of services,including any conditions under whichverbal authorization can be given.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 12(c), 12(e)(2)(A), and101(a)(6) of the Act and 29 U.S.C. 711(c),711(e)(2)(A), and 721(a)(6))§ 361.51 Written standards for facilitiesand providers of services.The State plan must assure that thedesignated State unit establishes,maintains, makes available to thepublic, and implements writtenminimum standards for the varioustypes of facilities and providers ofservices used by the State unit inproviding vocational rehabilitationservices, in accordance with thefollowing requirements:(a) Accessibility of facilities. Anyfacility in which vocationalrehabilitation services are providedmust be accessible to individualsreceiving services and must complywith the requirements of theArchitectural Barriers Act of 1968, theUniform Accessibility Standards andtheir implementing regulations in 41CFR part 101, subpart 101–19.6, theAmericans with Disabilities Act of 1990,and section 504 of the Act.(b) Personnel standards. (1) Qualifiedpersonnel. Providers of vocationalrehabilitation services shall usequalified personnel, in accordance withany applicable national or Stateapprovedor -recognized certification,licensing, or registration requirements,or, in the absence of these requirements,other comparable requirements(including State personnelrequirements), that apply to theprofession or discipline in which thatcategory of personnel is providingvocational rehabilitation services.(2) Affirmative action. Providers ofvocational rehabilitation services shalltake affirmative action to employ andadvance in employment qualifiedindividuals with disabilities.(3) Special communication needspersonnel. Providers of vocationalrehabilitation services shall—(i) Include among their personnel, orobtain the services of, individuals ableto communicate in the native languagesof applicants and eligible individualswho have limited English speakingability; and(ii) Ensure that appropriate modes ofcommunication for all applicants andeligible individuals are used.(c) Fraud, waste, and abuse. Providersof vocational rehabilitation servicesshall have adequate and appropriatepolicies and procedures to preventfraud, waste, and abuse.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 12(e)(2) (B), (D), and (E) and101(a)(6)(B) of the Act; 29 U.S.C. 711(e) and721(a)(6)(B))§ 361.52 Opportunity to make informedchoices.The State plan must describe themanner in which the State unit willprovide each applicant, includingindividuals who are receiving servicesduring an extended evaluation, andeach eligible individual the opportunityto make informed choices throughoutthe vocational rehabilitation process inaccordance with the followingrequirements:(a) Each State unit, in consultationwith its State Rehabilitation AdvisoryCouncil, if it has one, shall develop andimplement written policies andprocedures that enable each individualto make an informed choice with regardto the selection of a long-termvocational goal, intermediaterehabilitation objectives, vocationalrehabilitation services, includingassessment services, and serviceproviders. These policies andprocedures must ensure that eachindividual receives, through appropriatemodes of communication, informationconcerning the availability and scope ofinformed choice, the manner in whichinformed choice may be exercised, andthe availability of support services forindividuals with cognitive or otherdisabilities who require assistance inexercising informed choice.(b) In developing an individual’sIWRP, the State unit shall provide theindividual, or assist the individual inacquiring, information necessary tomake an informed choice about thespecific services, including theproviders of those services, that areneeded to achieve the individual’svocational goal. This information mustinclude, at a minimum, informationrelating to the cost, accessibility, andduration of potential services, theconsumer satisfaction with thoseservices to the extent that informationrelating to consumer satisfaction isavailable, the qualifications of potentialservice providers, the types of servicesoffered by those providers, and thedegree to which services are provided inintegrated settings.(c) In providing, or assisting theindividual in acquiring, the informationrequired under paragraph (b) of thissection, the State unit may use, but isnot limited to, the following methods orsources of information:(1) State or regional lists of servicesand service providers.(2) Periodic consumer satisfactionsurveys and reports.(3) Referrals to other consumers, localconsumer groups, or disability advisorycouncils qualified to discuss theservices or service providers.(4) Relevant accreditation,certification, or other informationrelating to the qualifications of serviceproviders.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 12(e)(1), 12(e)(2) (C) and (F),and 101(a)(29) of the Act; 29 U.S.C. 711(e)and 721(a)(29))§ 361.53 Availability of comparableservices and benefits.(a) The State plan must assure that—(1) Prior to providing any vocationalrehabilitation services to an eligibleindividual, or to members of theindividual’s family, except thoseservices listed in paragraph (b) of thissection, the State unit shall determinewhether comparable services andbenefits exist under any other programand whether those services and benefitsare available to the individual;(2) If comparable services or benefitsexist under any other program and areavailable to the eligible individual at thetime needed to achieve therehabilitation objectives in theindividual’s IWRP, the State unit shalluse those comparable services orbenefits to meet, in whole or in part, the
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