Oregon Administrative Rules Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES

OREGON ADMINISTRATIVE RULES

CHAPTER 582 – DEPARTMENT OF HUMAN SERVICES

VOCATIONAL REHABILITATION SERVICES

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GENERAL PROVISIONS

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Authority and Purpose

The rules in this chapter are adopted under the authority of Oregon Revised Statutes (ORS) 344.540 and other applicable statutes. The purpose of these regulations is to establish the policies and procedures for the delivery of vocational rehabilitation services to individuals with disabilities to assist them in obtaining and maintaining employment.

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Definitions

For the purposes of this chapter:

Vocational Rehabilitation (VR) Services: Services provided to assist individuals with disabilities in preparing for, obtaining, and maintaining employment.

Eligible Individual: A person who meets the requirements for vocational rehabilitation services as determined by the Oregon Department of Human Services (DHS).

Individualized Plan for Employment (IPE): A written plan developed between the individual and the vocational rehabilitation counselor that outlines specific goals and services for achieving employment.

Department: The Oregon Department of Human Services, which oversees vocational rehabilitation services.

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ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES

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Eligibility Requirements

To be eligible for vocational rehabilitation services, an individual must:

Have a documented physical or mental disability that results in a substantial impediment to employment.

Require vocational rehabilitation services to prepare for, secure, retain, or regain employment.

Be able to benefit from VR services in terms of achieving an employment outcome.

Meet other criteria established by the Department, including residency and financial need where applicable.

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Ineligibility

An individual may be considered ineligible for VR services if:

The individual does not have a disability that constitutes a substantial barrier to employment.

The individual cannot benefit from VR services because they are unlikely to achieve an employment outcome due to the nature of their disability.

Other conditions as determined by the Department or by law.

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VR SERVICES AND PROGRAMS

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Vocational Rehabilitation Services Available

The Department provides a range of services to eligible individuals, which may include:

Assessment of vocational needs.

Counseling and guidance.

Job readiness training.

Career exploration and job placement assistance.

Assistive technology and equipment.

Rehabilitation technology.

On-the-job training and support.

Post-employment services to assist with maintaining employment.

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Individualized Plan for Employment (IPE)

An IPE is developed collaboratively between the individual and their VR counselor. It includes:

Employment goals.

The specific VR services needed to achieve those goals.

Timelines and expected outcomes.

Methods to track progress.

Responsibilities of the individual and the Department.

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Post-Employment Services

These services are provided to individuals after they have obtained employment, to assist them in maintaining their job and addressing any barriers that may arise in the workplace. Post-employment services may include:

Follow-up counseling.

Additional training or skill development.

Job accommodations or modifications.

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PROVIDERS AND SERVICE DELIVERY

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Service Providers

Vocational rehabilitation services may be provided by:

DHS staff or vocational rehabilitation counselors.

Qualified service providers contracted by the Department.

Community organizations or other public/private entities that meet specific standards set by the Department.

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Service Delivery Process

The service delivery process includes:

Initial assessment and determination of eligibility.

Development of the IPE.

Provision of agreed-upon services.

Monitoring progress toward employment outcomes.

Provision of follow-up services as needed.

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APPEALS AND GRIEVANCES

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Appeals Process

If an individual disagrees with a decision regarding their eligibility or the provision of services, they have the right to appeal. The Department shall provide a fair and timely process for resolving appeals, which may include:

A review of the decision by a supervisor or a designated hearing officer.

The opportunity to present evidence and make arguments.

A written decision issued within a reasonable timeframe.

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Grievance Procedures

Individuals who wish to file a grievance about the delivery of services, treatment by staff, or other matters related to VR services can submit their grievance in writing. The Department will review the grievance and work to resolve the issue promptly.

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RECORDS AND CONFIDENTIALITY

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Records Maintenance

The Department shall maintain accurate and confidential records for each individual receiving vocational rehabilitation services. These records include:

Application and eligibility information.

IPEs and service plans.

Progress reports and outcomes.

Appeal or grievance documentation.

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Confidentiality of Information

The Department shall ensure that all personal and medical information is kept confidential and only shared with authorized parties in accordance with state and federal laws, including the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA).

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EFFECTIVE DATE AND AMENDMENTS

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These rules and regulations shall become effective upon adoption and may be amended, repealed, or replaced by the Department in accordance with the Oregon Administrative Procedures Act and other applicable laws.

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