Or. Admin. Code § 582-070-0020 - Specific Policies

Specific rules pertain to the provision of the following services:

(1) On-the-Job Training:

(a) Payment to on-the-job trainers/employers for training services shall be negotiated at the lowest reasonable level and shall always be considered as reimbursement for actual expenses and/or trainer time; the trainer/employer cannot expect to make a profit from such payments;

(b) Offset against an individual's wages shall be negotiated with the trainer/employer on a mutual sharing basis at the lowest reason able level to adequately pay the individual for his/her productive work efforts with the trainer/employer ultimately paying the entire wage. Total length of the training program and length of OVRS involvement in payments shall be negotiated on the basis of the complexity of the training and the amount of relevant skill and knowledge the individual possesses prior to entering training.

(2) Training: Educational and training services, except on-the-job training, must be purchased from public educational organizations in Oregon. Exceptions are authorized only when:

(a) No publicly-supported school provides the courses necessary for the individual's needs in order to reach the vocational objective; or

(b) The individual cannot utilize publicly-supported schools because of his or her disability; or

(c) OVRS's financial participation in the plan is no greater than if the individual had enrolled at the nearest appropriate publicly-supported school; or

(d) The net cost to Oregon governmental agencies is significantly less; or

(e) The training services for the individual will be significantly delayed.

(3) Vocational training: Referrals for vocational training may be made only to the following schools or programs:

(a) A school that has accreditation recognized by the United States Department of Education;

(b) A school has been approved by the Oregon Student Assistance Commission through the Office of Degree Authorization to offer and confer degrees in Oregon;

(c) A community college;

(d) A state institution of higher education within the Oregon University System;

(e) The Oregon Health and Science University.

(f) A career school licensed under ORS 345.010 to 345.450

(g) An apprenticeship program that is registered with the State Apprenticeship and Training Council

(4) Maintenance: OVRS shall only pay or provide for maintenance expenses consistent with the definition of this term at OAR 582-001-0010(25) and 34 CFR 361.5(b) (35).

(5) Clothing Purchases: Clothing purchases may be authorized if the need is a result of participation by the individual in a rehabilitation program and the individual does not possess sufficient financial resources to provide for these expenses. These must be appropriate in type and in a price range, comparable to clothing items normally used by persons engaged in similar rehabilitation, training or employment settings.

(6) Transportation Services:

(a) OVRS may provide transportation services if the services are necessary to enable the applicant or eligible individual to participate in required rehabilitation services.

(b) Selection of transportations services shall:

(A) Give preference to the most inexpensive alternative as determined by OVRS; and

(B) Take into consideration the circumstances and special needs of the individual.

(d) Moving and relocation expenses. OVRS may authorize moving and relocation expenses when the office has determined that it is less costly than having the individual commute for employment or training.

(e) Routine vehicle maintenance. It is the owner's responsibility to maintain a private vehicle. OVRS does not pay for routine costs associated with maintenance of a vehicle. OVRS may make an exception if OVRS determines circumstances justify vehicle maintenance.

(f) Travel and related expenses for personal assistance. OVRS may provide travel and related expenses for personal assistance services if such services are necessary to enable the individual to travel to participate in a vocational rehabilitation assessment or service.

(7) Vehicle Insurance: OVRS does not generally pay for vehicle insurance. Oregon law requires insurance to operate a vehicle and it is an ongoing maintenance expense.

(a) OVRS does not pay for vehicle insurance unless exceptional circumstances necessitate assistance to reduce a transportation barrier. OVRS may authorize full or partial payment only if the office determines auto liability insurance is necessary for participation in vocational rehabilitation services and supports the least expensive transportation option.

(b) The individual shall be responsible for insurance for a vehicle purchased or modified by OVRS and for insurance on vehicular adaptive equipment

(c) If the insurance premium increases, or will increase, OVRS may pay for an increase in the premium for minimum vehicle liability insurance coverage required under Oregon law.

(d) OVRS may pay for the full premium amount for minimum vehicle liability insurance coverage required under Oregon state law if the office determines that payment is appropriate. OVRS may pay the full premium amount for up to 60 days from the start of employment.

(e) Authorization of full or partial payment for vehicle insurance requires that:

(A) Payment for vehicle insurance supports the least expensive transportation alternative for the individual;

(B) The individual owns the insured vehicle. If the individual is a minor the individual's parents or legal guardians shall own the insured vehicle; and

(C) The individual, or minor individual's parents or guardians, has a current valid Oregon driver's license.

(8) Travel: When an individual's travel requires lodging and meals, payment for lodging and meals shall be based on the definition of maintenance under 582-001-0010(25) and shall not exceed the current federal GSA domestic per diem rates for the state in which the lodging occurred.

(a) The per diem rate used shall be based on the rate for the city in which the individual lodges, or the rate for the city closest to where the individual lodges.

(b) Unless the individual uses a personal vehicle for the needed transportation, reservations shall be made through the state travel agency.

(c) If the individual utilizes a service animal; OVRS may provide payment for the lodging of the service animal.

(d) In those instances in which the federal per diem rate is insufficient to cover the cost of lodging, or the individual has a legitimate need for more costly lodging, payment may exceed the federal per diem rate.

(9) Community Rehabilitation Programs' (CRP) Services.

NOTE: Refer also to OAR 582-010.

(a) State-wide rates are intended to pay only the anticipated cost of standard rehabilitation services. This fee schedule may be adjusted for a specific CRP to reflect non-standard types or levels of service, or statewide for standard service, if a significant increase or decrease in the actual cost of serving individuals occurs;

(b) For a CRP operated under private auspices, fees may be negotiated taking into consideration costs such as buildings, staffing and equipment. For a publicly owned and operated CRP (e.g., state or county owned or operated) fees, if any, must be based upon and not exceed actual costs.

(10) Extended Evaluation: OVRS shall provide only those services authorized under OAR 582-050-0005.

(11) Personal Care Assistance (PCA). A personal care assistant is provided only when necessary to allow an individual to benefit from other rehabilitation services, including assessment, and when the individual is not entitled to PCA services from another source:

(a) Participant as Employer: The participant, in most cases, as the employer of the personal care assistant may be reimbursed for necessary PCA services required to participate in rehabilitation services;

(b) Third Party Vendor: Direct payment to the PCA vendor by OVRS requires prior approval in addition to the requirements of Oregon Administrative Rules Chapter 582, Office 10;

(c) Written Contract: In most instances the individual is to be the employer of his/her own personal care assistant. OVRS may assist the individual to establish an appropriate written contract with the provider.

(12) Interpreter Service: OVRS provides interpreter service only when necessary to assist the individual to derive full benefit from other rehabilitation services:

(a) Limitation: To be provided by OVRS only when "comparable benefits" are not available;

(b) For the Deaf and Hearing Impaired: OVRS gives preference to using interpreters certified by the National Registry of Interpreters for the Deaf and/or one who is on the approved vendor list of the State Association of the Deaf. When deemed mutually acceptable by the individual and the counselor, another interpreter may be utilized;

(c) Regional Resources: Oregon Deaf and Hard of Hearing Services (ODHHS) may be used as a resource to both individuals and staff for securing interpreters.

(13) Other Support Services Providers: May be selected for specific skills needed. Where provider licenses, insurance, certificates and state or local codes are indicated OVRS reasonably attempts to assure that appropriate levels are met before authorizing services from the provider. (See OAR 582-080 for additional rules on vendor selection.)

(14) Vendor Insurance: Providers of services shall obtain and maintain insurance as required by law for that provider; additionally, where OVRS is providing for services, appropriate levels of personal, automobile, professional and general liability insurance may be required, depending on the type of service.

(15) Private vehicle maintenance is primarily the responsibility of the owner. The office does not pay for insurance or associated expenses such as registration costs. In exceptional circumstances, as determined by OVRS, the office may make an exception.

(16) Occupational Licenses, Tools and Equipment for Training and/or Employment:

(a) May be provided when required for either extended evaluation or when an individual is in plan status, including post employment. OVRS accepts no responsibility for individual lease/rental agreements or the leased/rented items other than to reimburse the individual for such prior authorized expenditures;

(b) Repossessed items shall be used whenever appropriate and available;

(c) Except for personally prescribed items, title/ownership of an OVRS purchased (or jointly purchased) item is held by OVRS (or jointly with OVRS) until case closure when ownership may be transferred to the individual for non-expendable items deemed by OVRS to be needed for continued success in the individual's program.

(17) Land and/or Stationary Buildings: Are never purchased by OVRS as a service to an individual. Existing buildings may be modified when necessary to enable an eligible individual to attain a vocational plan goal. No permanent additions or weight bearing partitions are to be erected as services to individuals.

(18) Rehabilitation Technology Services: May be applied at any time during rehabilitation services to address barriers to the individual's participation in evaluation, training, and employment:

(a) OVRS shall ensure that rehabilitation technology service providers are qualified in the areas of engineering skills and/or technology required for a given service. Selected Community Rehabilitation Programs' Approvals may include rehabilitation technology services, when State Standards for Approvals are met for rehabilitation technology services;

(b) Rehabilitation technology services are exempt from a determination of the availability of comparable benefits. All reasonably available comparable services shall be used before authorizing expenditure by OVRS. Personal services contracts for rehabilitation technology services require field services manager approval prior to implementation.

Notes

Or. Admin. Code § 582-070-0020

VRD 1-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1992, f. & cert. ef. 4-20-92; VRD 4-1993, f. & cert. ef. 11-1-93; VRD 1-1996(Temp), f. 2-26-96, cert. ef. 3-1-96; VRS 1-2003, f. & cert. ef. 9-23-03; VRS 2-2003, f. & cert. ef. 12-31-03; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2008, f. & cert. ef. 2-4-08; VRS 2-2008, f. & cert. ef. 3-3-08; VRS 3-2008, f. & cert. ef. 4-10-08; VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09; Administrative correction 8-21-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730