Oregon Administrative Rules Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES
Oregon Administrative Rules (OAR) Chapter 582 pertains to the Oregon Department of Human Services (DHS), Vocational Rehabilitation Services (VR). This chapter lays out the comprehensive set of rules and regulations that govern how Oregon's Vocational Rehabilitation program operates, providing services to individuals with disabilities to help them achieve and maintain employment.
The Vocational Rehabilitation program in Oregon, while federally established and funded (primarily through the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act of 2014 - WIOA), is administered at the state level by DHS's VR Services.
Here's a detailed breakdown of the key areas covered by OAR Chapter 582:
I. Foundational Principles and Administration:
Division 1: Definitions: Provides essential definitions for terms used throughout the chapter, such as "Act" (referring to the relevant federal laws), "Administrator" (of Vocational Rehabilitation), "Applicant," "Assessment for determining eligibility and vocational rehabilitation needs," "Assistive technology," and various types of services (e.g., medical, psychiatric, job development, training).
Division 30: Confidentiality of Client Information and Release of Information: Establishes strict rules for protecting the confidentiality of client information and the circumstances under which such information can be released.
II. Client Services Lifecycle:
Division 50: Referral, Application and Eligibility for Vocational Rehabilitation Services: Outlines the process for individuals to be referred to VR services, submit an application, and the criteria and procedures for determining eligibility for services. This includes assessing an individual's disability and their ability to benefit from VR services in terms of an employment outcome.
Division 100: Order of Selection for Vocational Rehabilitation Services: This crucial division details how VR services are prioritized when resources are limited. It establishes the "order of selection" to ensure that individuals with the most significant disabilities receive services first.
Division 70: Standards for Provision of Services and Rates of Payment: Sets the standards that must be met for various vocational rehabilitation services provided to clients, including job development, training, assistive technology, and counseling. It also covers rules for rates of payment to service providers.
Division 75: Rates of Payment - Medical: Specifies rates of payment for medical services provided as part of a client's rehabilitation plan.
Division 60: Termination of Vocational Rehabilitation Services: Defines the conditions and procedures under which vocational rehabilitation services to a client may be terminated, either due to ineligibility or after eligibility has been established.
III. Service Providers and Programs:
Division 10: State Standards for Providers of Community Rehabilitation Services: Sets the standards that community rehabilitation programs and other providers must meet to deliver services to VR clients.
Division 80: Vendor Selection Policies: Outlines the policies and procedures for selecting and contracting with vendors who provide services to VR clients.
Division 85: Standards for Independent Living Service Providers: Specifies standards for providers of independent living services, which often complement vocational rehabilitation efforts.
Division 90: Certification of Disability: Rules related to the certification of an individual's disability for program eligibility.
Division 115: Services to Persons With Disabilities of Any Age Receiving Subminimum Wage: Addresses specific rules for VR services provided to individuals with disabilities who may be working in subminimum wage environments, often aiming to transition them to competitive integrated employment.
Division 150: Transition Services and Coordination for Students and Youth With Disabilities: Focuses on services and coordination efforts to assist students and youth with disabilities in transitioning from school to post-secondary education, employment, and independent living.
Division 190: Employer Services and Training: Covers services offered to employers to promote the employment of individuals with disabilities, including training and support.
IV. Client Rights and Dispute Resolution:
Division 20: Dispute Resolution and Review of Determinations of Rehabilitation Services: This is a vital division that establishes the formal process for clients to dispute decisions made by Vocational Rehabilitation Services. This includes:
Informal Problem Solving: Encourages initial attempts to resolve issues with the VR counselor or supervisor.
Mediation: Provides for a voluntary, confidential mediation process with an impartial mediator.
Impartial Due Process Hearing: Details the formal hearing process, conducted by an Impartial Hearing Officer (IHO), for reviewing disputed decisions. The IHO's decision is based on federal and state laws and VR policies.
Client Assistance Program (CAP): Informs clients about the Client Assistance Program (a program of Disability Rights Oregon), which provides free legal help to individuals with problems related to VR services.
Continuation of Services: Specifies conditions under which services may continue during the dispute resolution process.
V. Where to find the full text and further information:
Oregon Secretary of State's Office of Administrative Rules website: This is the official source for the full and most up-to-date text of OAR Chapter 582.
Oregon Department of Human Services (DHS) Vocational Rehabilitation Services website (oregon.gov/odhs/vr): The official DHS VR website is an excellent resource. It often provides direct links to the administrative rules, policy manuals, forms, and information about client rights and the dispute resolution process. Look for sections on "Rules and Regulations" or "Policy."
Legal information websites: Websites like Justia Regulations and Cornell Law School's Legal Information Institute (LII) also host the Oregon Administrative Rules.
It is always crucial to consult the most current version of these rules, as they are subject to updates and amendments based on federal mandates and state policy changes.
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