Subpart 1.
Scope.
When used in parts 3300.6000 to 3300.6070, the terms
defined in this part have the meanings given them.
Subp. 2.
CARF.
"CARF" means
CARF International, the independent, nonprofit organization that sets standards
and provides accreditation for service and quality of community rehabilitation
providers.
Subp. 3.
Center-based employment.
"Center-based employment" means
employment for which an individual:
A.
works at a location that is owned or operated by the individual's extended
employment provider;
B. receives
wages and benefits from an employer who is, directly or indirectly, the
individual's extended employment provider;
C. performs work that does not meet all of
the conditions of either the supported employment subprogram or the community
employment subprogram.
Subp.
4.
Commissioner.
"Commissioner" means the
commissioner of the Department of Employment and Economic Development or the
commissioner's designee.
Subp.
5.
Community employment.
"Community employment"
means employment for which an individual:
A. works at a location that is not owned or
operated by the individual's extended employment provider;
B. receives wages and benefits from an
employer who is or is not, directly or indirectly, the individual's extended
employment provider;
C. performs
work that does not meet all the conditions of the supported employment
subprogram.
Subp. 6.
Community employment subprogram.
"Community employment
subprogram" means the commissioner's service category for individuals in
community employment under subpart
5.
Subp. 7.
Competitive, integrated
employment.
"Competitive, integrated employment" means work
performed on a full- or part-time basis, with or without supports, for which an
individual:
A. works at a location
that:
(1) for state fiscal years 2019 and
2020, is or is not owned or operated by the individual's service provider, and
where the individual with a disability interacts, for purpose of performing job
duties, with people without disabilities in similar positions within the work
unit and the entire work site, not including supervisors or individuals
providing services to the employee; and
(2) for state fiscal year 2021 and
thereafter, is not owned or operated by the individual's extended employment
provider, and where the individual with a disability interacts, for purpose of
performing job duties, with people without disabilities in similar positions
within the work unit and the entire work site, not including supervisors or
individuals providing services to the employee;
B. receives wages and benefits from an
employer who:
(1) for state fiscal years 2019
and 2020, is or is not, directly or indirectly, the individual's extended
employment provider; and
(2) for
state fiscal year 2021 and thereafter, is not, directly or indirectly, the
individual's extended employment provider;
C. is paid at or above the federal, state, or
local minimum wage, whichever is highest, as defined in this chapter;
and
D. is compensated at or above
the customary wage and benefits as defined in subpart
8.
Subp. 8.
Customary wage and benefits or
customary rate.
"Customary wage and benefits" or "customary rate"
means the wage paid and the level of benefits provided by the employer to an
individual without disabilities performing the same or similar work with
comparable training, skills, and experiences with that employer.
Subp. 9.
Department.
"Department" means the Department of Employment
and Economic Development.
Subp.
10.
Employer.
"Employer" has the meaning given
in United States Code, title 29, section 203(d).
Subp. 11.
Extended employment provider
or provider.
"Extended employment provider" or "provider" means a
community rehabilitation provider that receives funding through the extended
employment program.
Subp.
12.
Extended employment services.
"Extended
employment services" means the development of an extended employment support
plan and the delivery of ongoing employment support services.
Subp. 13.
Individual receiving extended
employment services or individual.
"Individual receiving extended
employment services" or "individual" means an individual who meets the
eligibility requirements in this chapter and who receives extended employment
services under the extended employment program. Any reference in parts
3300.6000 to 3300.6070 to an individual receiving extended employment services
includes the individual's legal representative.
Subp. 14.
Minimum
wage.
"Minimum wage" means an hourly wage rate not less than the
higher of the rate specified in section 6(a)(1) of the United States Fair Labor
Standards Act of 1938, United States Code, title 29, section 206(a)(1), or the
rate specified in the Minnesota Fair Labor Standards Act, Minnesota Statutes,
section
177.24,
or local minimum wage law, and that is not less than the customary wage and
benefits.
Subp. 15.
Ongoing employment support services.
A. "Ongoing employment support services"
means any of the services in item B that are:
(1) identified in the individual's extended
employment support plan;
(2)
related to the individual's serious functional limitations to employment;
and
(3) necessary and required to
maintain or advance the individual's current employment.
B. Ongoing employment support services
include:
(1) rehabilitation technology, job
redesign, or environmental adaptations;
(2) disability awareness and accommodations
training for the individual, the individual's employer, supervisor, or
coworkers, including related services to increase the individual's inclusion at
the work site;
(3) job skill
training at the work site;
(4)
regular observation or supervision of the individual;
(5) behavior and symptom management;
(6) coordination of support
services;
(7) job-related safety
training;
(8) job-related
self-advocacy skills training to advance employment;
(9) training in independent living skills
including money management, grooming and personal care, social skills,
orientation and mobility, and using public transportation or drivers'
training;
(10) communication skills
training including sign language training, Braille, speech reading, and the use
of communication devices or other adaptive methods for the individual, or the
individual's employer, supervisor, or coworkers;
(11) follow-up services including contact
with the individual's employer, supervisor, or coworkers; the individual's
parents, family members, advocates, or legal representatives; and other
suitable professional and informed advisors, in order to reinforce and
stabilize the job placement;
(12)
training in job-seeking skills;
(13) career planning to advance in
employment; and
(14) any other
service that is identified in the individual's extended employment support plan
related to the individual's serious functional limitations to employment that
is needed to maintain or advance the employment of an individual in the
extended employment program.
Subp. 16.
Qualified
professional.
"Qualifed professional" means a professional who is
licensed, certified, or registered in the state where the professional
practices, and who provides a diagnosis of a disability or disabilities within
the scope of the professional's license, certification, or registration for an
individual in the extended employment program.
Subp. 17.
Serious functional
limitations to employment.
"Serious functional limitations to
employment" means an individual experiences significant barriers to employment
in three or more of the functional areas listed in items A through G that
affect an individual's ability to maintain or advance in employment, and the
individual requires ongoing employment support services to mitigate the effect
of the limitations and achieve the individual's employment goals.
A. "Communication" means the ability to
effectively give and receive information through words or concepts, using
methods such as reading, writing, speaking, listening, sign language, or other
adaptive methods.
B. "Interpersonal
skills" means the ability to establish and maintain personal, family, and
community relationships as it affects, or is likely to affect, job performance
and security.
C. "Mobility" means
the physical and psychological ability to move about from place to place inside
and outside the home, including travel to and from usual destinations in the
community for activities of daily living, training, or work.
D. "Self-care" means the skills needed to
manage self or living environment, including eating, toileting, grooming,
dressing, money management, and management of special health or safety needs,
including medication management, as they affect an individual's ability to
participate in training or work-related activities.
E. "Self-direction" means the ability to
plan, initiate, organize, or carry out goal-directed activities or solve
problems related to working.
F.
"Work skills" means:
(1) the ability to do
specific tasks required to carry out job functions; and
(2) the capacity to benefit from training in
how to perform tasks required to carry out job functions.
G. "Work tolerance" means the capacity or
endurance to effectively and efficiently perform jobs requiring various levels
of physical demands, psychological demands, or both.
Subp. 18.
Supported employment
subprogram.
"Supported employment subprogram" means the
commissioner's service category for individuals who are in competitive,
integrated employment.
Subp.
19.
Work hours.
"Work hours" means the hours for
which an individual performs paid work, including hours of paid holidays, paid
sick time, paid vacation time, and other paid leaves of absence. The payment of
a bonus or commission is not included in the computation of work hours.
