Termination of Services After Eligibility
(1)Termination of Services — ’Other Than Rehabilitated’.
(a)The office may close an individual’s file when the individual fails to achieve an employment outcome for the following reasons:
(C)Extended services for Supported Employment not available despite exploration of all types of extended supports;
(D)Individual fails to cooperate with or fails to make suitable progress toward developing or completing necessary steps in the IPE within the agreed-upon timeframes;
(E)Individual is institutionalized or otherwise unavailable for services;
(F)Individual received VR services and was placed in non-integrated, non-competitive work setting;
(G)The office is unable to locate or contact the individual;
(H)Individual has refused necessary services or chooses not to participate in necessary OVRS programs;
(I)Individual is receiving services from another agency and no longer requires the office’s services; or
(J)Other reason as documented by the office.
(b)The office may close the file of a presumed-eligible individual if:
(A)The file documents clear and convincing evidence that the individual is incapable of benefiting from services; or
(B)The individual meets the criteria for termination of services under 582-060-0020 (Termination of Services After Eligibility)(1)(a).
(c)The office shall make a closure determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual’s representative. The individual’s involvement is not required when:
(A)The individual refuses to participate;
(B)The individual is no longer present in the state;
(C)The individual’s whereabouts are unknown; or
(D)The individual’s medical condition is rapidly progressive or terminal.
(d)All notifications of closure shall include:
(A)Notice that the office is closing the case;
(B)The rationale for the closure; and
(C)Dispute resolution information regarding the mediation and impartial fair hearing appeal process, as well as referral to information about the Client Assistance Program (CAP).
(2)Termination of Services — Rehabilitated:
(a)Closure of an individual’s file as ’Rehabilitated’ requires documentation that:
(A)The individual has achieved the employment outcome identified in by the IPE, consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice;
(B)The individual has maintained the employment outcome for an appropriate period of time, not less than 90 days, sufficient to ensure stability in the position without further vocational rehabilitation services;
(C)The individual and counselor consider the employment outcome to be satisfactory and agree the that individual is performing consistent with goal identified in the IPE; and
(D)The office informs the individual in writing, supplemented through other appropriate modes of communication as necessary, of the availability of post-employment services.
(b)The office shall provide notice to an individual that OVRS is closing the file ‘Rehabilitated’. The notification shall:
(A)Be in writing supplemented, as necessary, through appropriate modes of communication;
(B)Inform the individual that OVRS is closing the case as ‘Rehabilitated’;
(C)Provide the rationale for the decision; and
(D)Include dispute resolution information regarding the mediation and impartial fair hearing appeal process and the Client Assistance Program (CAP)
Rule 582-060-0020 — Termination of Services After Eligibility,