§17-401.1-2 - Applicable definitions.

§17-401.1-2 Applicable definitions.

         The following definitions listed in alphabetical order apply to the State VR services program:

         "Act" means the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq.)

         "Applicant" means an individual or representative chosen by an individual, who submits an application for VR services. An individual is considered to have submitted an application when the individual or individual's representative, as appropriate:

(1) Has completed and signed the division's application form; or has completed a common intake application form in a One-Stop center requesting VR services; or has otherwise requested services from the division;
(2) Has provided to the division information necessary to initiate an assessment to determine eligibility and priority for services; and
(3) Is available to complete the assessment process.

         "Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

         "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.

         "Assistive technology service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:

(1) The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(5) Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and
(6) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.

         "Community rehabilitation program" means a program (agency, organization, or institution, or unit of an agency, organization, or institution), that provides directly or facilitates the provision of one or more of the following VR services to individuals with disabilities, as one of its major functions, to enable those individuals to maximize their opportunities for employment, including career advancement:

(1) Medical, psychiatric, psychological, social, and vocational services that are provided under one management.
(2) Testing, fitting, or training in the use of prosthetic and orthotic devices.
(3) Recreational therapy.
(4) Physical and occupational therapy.
(5) Speech, language, and hearing therapy.
(6) Psychiatric, psychological, and social services, including positive behavior management.
(7) Assessment for determining eligibility and vocational rehabilitation needs.
(8) Rehabilitation technology.
(9) Job development, placement, and retention services.
(10) Evaluation or control of specific disabilities.
(11) Orientation and mobility services for individuals who are blind.
(12) Extended employment.
(13) Psychosocial rehabilitation services.
(14) Supported employment services and extended services.
(15) Services to family members if necessary to enable the applicant or eligible individual to achieve an employment outcome.
(16) Personal assistance services.
(17) Services similar to the above services (1) through (16).

         "Comparable services and benefits" means services and benefits (not including awards and scholarships based on merit), that are:

(1) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;
(2) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with section 17-401.1-13; and
(3) Commensurate to the services that the individual would otherwise receive from the division.

         "Competitive employment" means work:

(1) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
(2) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

         "Department" means the department of human services.

         "Diagnosis and treatment of physical and mental impairments" (physical and mental restoration services) means:

(1) Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;
(2) Diagnosis and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;
(3) Dentistry;
(4) Nursing services;
(5) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;
(6) Drugs and supplies;
(7) Prosthetic and orthotic devices;
(8) 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 prescribed by personnel that are qualified in accordance with State licensure laws;
(9) Podiatry;
(10) Physical therapy;
(11) Occupational therapy;
(12) Speech or hearing therapy;
(13) Mental health services;
(14) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment;
(15) Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and
(16) Other medical or medically related rehabilitation services.

         "Division" means the vocational rehabilitation and services for the blind division (VRSBD, DVR) of the department of human services.

         "Eligible individual" means an applicant for VR services who meets the eligibility requirements as follows, and as described in section 17-401.1-7(b):

(1) A determination by qualified personnel that the applicant has a physical or mental impairment.
(2) A determination by qualified personnel that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.
(3) A determination by a qualified vocational rehabilitation counselor employed by the division that the applicant requires VR services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(4) A presumption that an applicant who meets eligibility requirements (1) and (2) can benefit in terms of an employment outcome from the provision of VR services, unless the division demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from VR services due to the severity of the applicant's disability.

         "Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

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

         "Extended services" means ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, from funds other than funds received under this chapter and after an individual with a most significant disability has made the transition from support provided by the division.

         "Extreme medical risk" means a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.

         "Family member," for purposes of receiving VR services in accordance with section 17-401.1-6, means an individual:

(1) Who either:
(A) Is a relative or guardian of an applicant or eligible individual; or
(B) Lives in the same household as an applicant or eligible individual; and
(2) Who has a substantial interest in the well-being of that individual; and
(3) Whose receipt of VR services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

         "Individual who is blind" means a person having:

(1) Not more than 10 percent visual acuity in the better eye after correction, which means a person who has:
(A) Not more than 20/200 central visual acuity in the better eye after correction; or
(B) An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle no greater than 20 degrees.

         "Individual with a disability," means an individual:

(1) Who has a physical or mental impairment;
(2) Whose impairment constitutes or results in a substantial impediment to employment; and
(3) Who can benefit in terms of an employment outcome from the provision of VR services.

         "Individual with a most significant disability" means an individual with a significant disability who meets the following criteria of the division for an individual with a most significant disability:

(1) Who has a physical or mental impairment (such as amputation, mental illness, or another disability or combination) which seriously limits two or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills) in terms of an employment outcome;
(2) Whose vocational rehabilitation is expected to require three or more VR services; and
(3) Whose vocational rehabilitation is expected to require a period of 12 months or more.

         "Individual with a significant disability" means an individual with a disability:

(1) Who has a severe physical or mental impairment (such as amputation, mental illness, or another disability or combination) that seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills) in terms of an employment outcome;
(2) Whose vocational rehabilitation is expected to require two or more VR services; and
(3) Whose vocational rehabilitation is expected to require a period of 6 months or more.

         "Individual's representative" means any representative chosen by an applicant or eligible individual, as appropriate, including a parent, guardian, other 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.

         "Integrated setting" means:

(1) With respect to the provision of services, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals.
(2) With respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.

         "Maintenance" means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in the assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of VR services under an individualized plan for employment.

         "Mediation" means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies. Mediation under the program must be conducted in accordance with the requirements in section 17-400.1-6 by a qualified and impartial mediator as defined in section 17-400.1-6(a)(5).

         "Ongoing support services," as used in the definition of "Supported employment":

(1) Means services that are:
(A) Needed to support and maintain an individual with a most significant disability in supported employment;
(B) Identified based on a determination by the division of the individual's need as specified in an individualized plan for employment; and
(C) Furnished by the division from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;
(2) Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:
(A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or
(B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice-monthly meetings with the individual;
(3) Consist of:
(A) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs described in section 17-401.1-10(b)(3);
(B) The provision of skilled job trainers who accompany the individual for intensive job skill training at the worksite;
(C) Job development and training;
(D) Social skills training;
(E) Regular observation or supervision of the individual;
(F) Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates, or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;
(G) Facilitation of natural supports at the worksite;
(H) Any other service identified in the scope of VR services for individuals, described in section 17-401.1-6; or
(I) Any service similar to the foregoing services.

         "On the job or other personal attendant services" means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other VR services. The services may include training in managing, supervising, and directing personal assistance services.

         "Physical and mental restoration services" (see "Diagnosis and treatment of physical and mental impairments").

         "Physical or mental 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.

         "Post-employment services" (see "Specific post-employment services").

         "Rehabilitation engineering" means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.

         "Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

         "Specific post-employment services" (post-employment services) means one or more of the services identified in section 17-401.1-6 that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

         "Substantial impediment to employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.

         "Supported employment" means:

(1) Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals with ongoing support services for individuals with the most significant disabilities:
(A) For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
(B) Who, because of the nature and severity of their disabilities, need intensive supported employment services from the division and extended services after transition as described in this section to perform this work; or
(2) Transitional employment, as defined in this section, for individuals with the most significant disabilities due to mental illness.

         "Supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the division:

(1) For a period of time not to exceed 18 months, unless under special circumstances the eligible individual and the VR specialist jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and
(2) Following transition, as post employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.

         "Transition services" means a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the student's preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student's individualized plan for employment.

         "Transitional employment" as used in the definition of "Supported employment," means a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.

         "Transportation" means travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems.

         "Vocational rehabilitation services":

(1) If provided to an individual, means those services listed in section 17-401.1-6; and
(2) If provided for the benefit of groups of individuals, also means those services listed in 34 C.F.R. section 361.49.

        [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§705, 723; 34 C.F.R. §§361.5(b), 361.48) (Imp: HRS §§347-4, 3483, 348-6; 29 U.S.C. §§705, 723; 34 C.F.R. §§361.5(b), 361.48)

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