SECTION 612:10-3-2. Consideration of comparable services and benefits

(a)   Prior to providing any VR service to an eligible individual, except those services specified in Paragraph (1), the VR counselor will determine whether comparable services and benefits are available under any other program unless any of the conditions in Paragraph (2) apply to the individual.

(1)   The VR services listed in (A) through (F) are to be provided without first determining the availability of comparable services and benefits. However, comparable services and benefits may be used for these VR services if the comparable services and benefits are readily available at the time the VR services are needed. VR services exempt from a required search for comparable services and benefits are:

(A)   information and referral services to eligible individuals not in an open priority group under the order of selection;

(B)   assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

(C)   counseling and guidance, including information and support services to assist an individual in exercising informed choice;

(D)   referral and other services to secure needed services from other agencies through cooperative agreements;

(E)   job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services; and

(F)   rehabilitation technology, including telecommunications, sensory, and other technological aids and devices.

(2)   Determining whether comparable benefits and services are available will not be required prior to providing any VR services if that determination would interrupt or delay:

(A)   the progress of the individual toward achieving the employment outcome identified in the IPE;

(B)   an immediate job placement; or

(C)   the provision of such services to any individual at extreme medical risk.

(b)   Counselors will advise clients of available benefits, help in completing the application for such benefits when needed, and refer clients to the appropriate contact person. Each client is required to apply for such benefits. DVR and DVS will not participate in the cost of services for any client who fails to apply for and accept available comparable benefits.

(c)   Whether or not the client must participate in the cost of VR services has absolutely no effect upon the required search for, or use of, available comparable benefits. Available comparable benefits cannot be used in place of client resources when the client is required to participate in the cost of VR services.

(d)   Awards and scholarships based upon merit will not be counted as comparable benefits.

(e)   A student loan is not a comparable benefit. Failure to apply for a student loan which must be repaid will not be cause to withhold participation by DVR or DVS. Clients who have defaulted on a student loan will not be assisted with post-secondary training until the client has cleared the default or has made arrangement with the lender on the terms of payment. Documentation of the arrangement made must be in the case record before post-secondary training services are provided when it is known a client has defaulted on a loan. The counselor will inform such clients of organizations which can help resolve debt problems, such as credit counseling services and legal aid.

(f)   Clients are expected to provide the counselor a copy of the award letter(s) or other written notice of comparable benefits received from other sources, and it is expected the comparable services and benefits available to the client will be used to defray all or part of the cost of the individual's IPE.

(g)   The client's IPE will be reviewed and amended by the client and VR counselor whenever comparable services or benefits that were not accounted for in the original plan become available to the client.

(h)   Cooperative agreements between DRS and other service providers may affect how comparable services and benefits available from such service providers will be applied in an IPE. Cooperative agreements entered into by DRS with other service providers will include:

(1)   provisions for determining and stating the financial responsibility of each agency in providing services;

(2)   conditions, terms, and procedures for DRS to be reimbursed by other agencies for providing covered services;

(3)   procedures for resolving interagency disputes under the agreement; and

(4)   coordination of agency procedures for timely VR services delivery.

[Source: Added at 10 Ok Reg 4633, eff 9-1-93 (emergency); Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 13 Ok Reg 1817, eff 4-3-96 (emergency); Amended at 14 Ok Reg 1432, eff 7-1-97; Amended at 14 Ok Reg 3738, eff 9-10-97 (emergency); Amended at 15 Ok Reg 2904, eff 7-1-98; Amended at 16 Ok Reg 1711, eff 4-13-99 (emergency); Amended at 16 Ok Reg 2590, eff 7-1-99; Amended at 32 Ok Reg 1278, eff 8-27-15; Amended at 34 Ok Reg 1994, eff 9-11-17]