Or. Admin. Code § 411-345-0025 - Employment Service Requirements
(1)
Requirements for all employment services:
(a)
The delivery of employment services provided under these rules presumes all
individuals eligible for services can succeed in a job and career in a
competitive integrated employment setting in the general workforce and earn
minimum wage or better.
(b)
Employment is the preferred activity for individuals receiving services under
these rules. Competitive integrated employment is the highest priority over
unemployment, segregated or sheltered employment, small group employment
support, or non-work day activities.
(c) Employment services must be individually
planned based on person-centered planning principles. Consistent with the
person-centered approach to these services, individuals accessing employment
services under these rules must be encouraged, on an ongoing basis, to explore
their interests, strengths, and abilities relating to employment or career
advancement.
(d) All employment
services have an optimal and expected outcome of sustained paid employment at
the maximum number of hours, consistent with individual preferences, and work
experience leading to further career development, maximizing hours, using the
standard of working at least 20 hours per week, and competitive integrated
employment for which an individual is compensated at or above minimum wage,
with a goal of not less than the customary wage and level of benefits paid by
the employer for the same or similar work performed by individuals without
disabilities.
(e) A provider must
be in full compliance with the requirements for home and community-based
services and settings in OAR chapter 411, division 004 by September 1,
2018.
(f) Employment services are
provided under these rules in accordance with the State of Oregon Executive
Order No. 15-01 and OAR chapter 407, division 025.
(g) Employment services must be
evidence-based where evidence-based practices have been identified.
(h) Employment services must be provided:
(A) To eligible individuals under the
authorization of an ISP and Career Development Plan in accordance with OAR
411-345-0160.
(B) In a non-residential setting unless an
individual is operating a home-based business.
(C) In the most integrated employment setting
appropriate to the needs of an individual, and consistent with the choice of
the individual regarding services, providers, and goals.
(i) Employment services must be designed to:
(A) Increase independence, integration, and
regular engagement in income producing work by an individual, preferably in
competitive integrated employment, that is measured through improvements in
income level, employment status, or job advancement, or engagement by an
individual with an intellectual or developmental disability in work
contributing to a household or community;
(B) Promote integration into the workforce
and workplace;
(C) Promote
interaction with people without disabilities; and
(D) Support successful employment outcomes
consistent with personal and career goals.
(2) Employment services do not include any of
the following:
(a) Services available to an
individual under Vocational Rehabilitation and Other Services,
29 U.S.C. §
701-796l, as amended.
(b) Services available to an individual under
the Individuals with Disabilities Education Act,
20 U.S.C §
1400, as amended.
(c) Vocational assessments in a sheltered
workshop.
(d) Services used for
support to work in a sheltered workshop setting for individuals who did not
enter or use services for support in a sheltered workshop setting on or before
June 30, 2015.
(3)
Employment services may not occur in settings where a provider, or other person
who supports or directs an individual's plan to obtain or advance in
competitive integrated employment, receives a personal benefit.
(4) Employment services include the
following:
(a) INDIVIDUAL SUPPORTED
EMPLOYMENT - Job Coaching:
(A) Job coaching
is initial, ongoing, or maintenance support to maintain or advance in an
individualized job in a competitive integrated employment setting in the
general workforce, including customized employment or self-employment. This
also includes support for maximizing hours, using the standard of working at
least 20 hours per week, maximizing pay, benefits, and other opportunities for
career advancement.
(B) Personal
care or attendant care provided as an incidental part of job coaching is
considered a component part of the employment service.
(C) Job coaching does not include support in
volunteer or unpaid work.
(D)
Individuals utilizing job coaching must be compensated at a rate that is not
less than the higher of the rate specified in federal, state, or local minimum
wage law and also is not less than the customary rate and benefits paid by the
employer for the same or similar work performed by other employees who are not
individuals with disabilities, and who are similarly situated in similar
occupations by the same employer and who have similar training, experience, and
skills.
(E) Direct and indirect job
coaching support must be provided, at minimum, for the number of hours
identified in an ISP or Service Agreement. Job coaching contact requirements
must be met.
(F) Transportation
provided within the course of job coaching is a component part of the
employment service.
(b)
INDIVIDUAL SUPPORTED EMPLOYMENT - Job Coaching for Self-Employment. Job
coaching support to maintain self-employment requires the following in addition
to the requirements outlined under subsection (a) of this section:
(A) Ongoing assistance, counseling, and
guidance after a job or business has been launched and after successful closure
through Vocational Rehabilitation.
(B) The individual must be performing an
essential function of the job or business.
(C) Support to maintain self-employment may
not be provided to defray the primary operational expenses of the
business.
(D) The self-employment
must yield an income that is comparable to the income received by other people
who are not individuals with disabilities, and who are self-employed in similar
occupations or in similar tasks and who have similar training, experience, and
skills.
(E) Evidence of the
self-employment must be documented and reviewed by the individual's case
manager on an annual basis. Documentation may include, but is not limited to,
business filings with the Secretary of State, tax records submitted to the
Internal Revenue Service, and an annual business plan.
(F) Department approval is
required.
(c) INDIVIDUAL
SUPPORTED EMPLOYMENT - JOB DEVELOPMENT:
(A)
Job development is support to obtain an individual job in a competitive
integrated employment setting in the general workforce, including customized
employment or self-employment.
(B)
Personal care or attendant care provided as an incidental part of job
development is considered a component part of the employment service.
(C) The job developed must provide
compensation at a rate that is not less than the higher of the rate specified
in federal, state, or local minimum wage law and also is not less than the
customary rate and benefits paid by the employer for the same or similar work
performed by other employees who are not individuals with disabilities, and who
are similarly situated in similar occupations by the same employer and who have
similar training, experience, and skills.
(D) The job developed must meet criteria
established in a Career Development Plan or Individual Plan for Employment
(IPE) including, but not limited to, criteria regarding the number of hours the
individual shall work in the job. The Career Development Plan must document
either a goal or discussion regarding opportunities for maximizing work hours
and other career advancement opportunities. The recommended standard for
planning job coaching and job development is the opportunity to work at least
20 hours per week. Individualized planning should ultimately be based on
person-centered planning principles, including individual choice, preferences,
and circumstances, and recognize that some individuals may choose to pursue
working full time, part time, or another goal identified by the
individual.
(E) Job development may
be authorized in the limited circumstances where the service is not available
through Vocational Rehabilitation and the Department has approved
authorization.
(F) Transportation
provided within the course of job development is a component part of the
employment service.
(d)
SMALL GROUP EMPLOYMENT SUPPORT - Services and training activities in regular
business, industry, and community settings.
(A) Small group employment support:
(i) May be provided in groups of two to eight
individuals.
(ii) Must be provided
in a manner that promotes integration into the work place and interaction with
people without disabilities in those work places.
(B) Small group employment support does not
include:
(i) Vocational services provided in
a provider owned, operated, or controlled setting, or a facility-based work
setting.
(ii) Support in volunteer
or unpaid work.
(C)
Individuals utilizing small group employment support must be compensated at a
rate that is not less than the higher of the rate specified in federal, state,
or local minimum wage law and also is not less than the customary rate and
benefits paid by the employer for the same or similar work performed by other
employees who are not individuals with disabilities, and who are similarly
situated in similar occupations by the same employer and who have similar
training, experience, and skills.
(D) Personal care or attendant care provided
as an incidental part of small group employment support is considered a
component part of the employment service.
(E) Transportation provided within the course
of small group employment support is a component part of the employment
service.
(e) DISCOVERY -
A comprehensive and person-centered employment planning support service to
better inform an individual seeking competitive integrated employment in the
general workforce and develop a Discovery Profile.
(A) Discovery must include a series of
work-related activities, completed in individual integrated employment
settings, to inform the individual and the job developer about the strengths,
interests, abilities, skills, experiences, and support needs of the individual.
Discovery must include analyzing detailed information from novel and past
experiences in order to identify the conditions or integrated employment
settings in which the individual will be most successful.
(B) Discovery may include job and task
analysis activities, assessment for use of assistive technology, job shadowing,
informational interviewing, employment preparation, resume development, and
volunteerism to identify transferable skills and job or career
interests.
(C) Discovery must be
completed within a three-month period. A three-month extension may be
authorized if the individual and the individual's case manager determines there
is a legitimate reason. Legitimate reasons may include, but are not limited to,
any of the following:
(i) The individual had
a medical event that delayed completing discovery.
(ii) A medical event significantly changed
the individual's strengths, interests, and abilities.
(iii) An opportunity to participate in
particular work trials or volunteer positions may only be scheduled outside of
the three-month period.
(D) Discovery must have an outcome of a
Discovery Profile. The Discovery Profile must meet requirements established by
the Department.
(E) Discovery most
often results in a referral to vocational rehabilitation services.
(F) Personal care or attendant care provided
as an incidental part of discovery is considered a component part of the
employment service.
(G)
Transportation provided within the course of discovery is a component part of
the employment service.
(f) EMPLOYMENT PATH SERVICES - Support to
obtain experience and develop general skills that contribute to employability
in competitive integrated employment settings in the general workforce.
Employment path services include training and support to obtain competitive
integrated employment. Employment path services may also include individualized
benefits counseling. Employment path services must be for the benefit of an
individual and may not occur in settings where a provider, or other person who
supports or directs an individual's plan to obtain competitive integrated
employment, receives a personal benefit.
(A)
Personal care or attendant care provided as an incidental part of employment
path services is considered a component part of the employment
service.
(B) Producing goods or
services may be incidental to employment path services but the primary purpose
must be to develop general employment skills that may be used in an individual
integrated job.
(C) Employment path
services are time-limited based on the ISP. These services are expected to
occur over a defined period of time with specific outcomes to be achieved, as
determined by the individual and the individual's service and supports planning
team through an ongoing person-centered planning process.
(i) Prior to beginning employment path
services there must be measurable goals outlined in the Career Development Plan
that support the intended outcomes of this service.
(ii) The measurable goals must include a
timeline for achieving the goals as well as the frequency and duration for
which progress towards achieving the goals are monitored by the individual's
case manager during service monitoring as outlined in OAR chapter 411, division
415.
(D) Employment path
services require that an individual have an employment-related goal in the ISP.
The employment goal must be related to obtaining, maintaining, or advancing in
competitive integrated employment, or, at minimum, exploring competitive
integrated employment. General habilitation activities accessed through
employment path services must be designed to support such employment
goals.
(E) Employment path services
that occur at a provider site or facility must be used in combination with a
service component that is in a non-disability specific setting in the general
community and away from the provider site.
(F) Transportation provided within the course
of employment path services is a component part of the employment
service.
(G) Consistent with
setting requirements for home and community-based services, employment path
services must be provided in an integrated setting that supports an
individual's full access to the community and where individuals using these
services gain experience working with the general public to the same or a
similar degree as individuals who do not have a disability and do not use home
and community-based services.
(H)
Employment path services are a facility-based service if delivered at a fixed
site where the supported individual has few or no opportunities to interact
with people who do not have a disability except for paid staff.
(I) Employment path services are the only
service that may be used for support in a sheltered workshop setting. Effective
July 1, 2015, no service may be authorized in a sheltered workshop setting for
any individual who has not already entered or used services for support to work
in a sheltered workshop. Sheltered workshop settings must meet setting
requirements for home and community-based services by September 1, 2018, or
have a variance approved by the Department.
(g) ATTENDANT CARE IN COMPETITIVE INTEGRATED
EMPLOYMENT SETTINGS - Assistance with activities of daily living, instrumental
activities of daily living, and health-related tasks through hands-on
assistance, supervision, cueing, and the provision of behavior supports as
needed for support in competitive integrated employment when a job coach is not
present.
Notes
Statutory/Other Authority: ORS 409.050 & 427.007
Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154
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