in-20251112-IR-460240082FRA: VOCATIONAL REHABILITATION SERVICES

TITLE 460 DIVISION OF DISABILITY AND REHABILITATIVE SERVICES Final Rule LSA Document #24-82 DIGEST VOCATIONAL REHABILITATION SERVICES Adds 460 IAC 14.1 regarding vocational rehabilitation services. Repeals 460 IAC 14. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20240320-IR-460240082FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20240320-IR-460240082RAA Date of First Hearing: April 22, 2024 One Year Requirement: 20241127-IR-460240082ARA Notice of Second Public Comment Period: 20250702-IR-460240082SNA Date of Second Hearing: August 4, 2025 SUMMARY/RESPONSE TO COMMENTS The Division of Disability and Rehabilitative Services (DDRS) first requested public comment on the proposed rule from March 20, 2024, through April 22, 2024, and during the public hearing on April 22, 2024. DDRS's second request for public comment was from July 2, 2025, through August 4, 2025, and during the public hearing on August 4, 2025. The comments received and DDRS's responses to the comments are summarized as follows: Indiana Association of People Supporting Employment First (IN-APSE) Comment: IN-APSE expressed broad support for the proposed rules. Response: BRS thanks IN-APSE for taking the time to review and comment on the proposed rules and appreciates support. Sheryl L. King, Licensed Audiologist, Ascension Medical Group Comments: Ascension Medical Group suggested that BRS (1) Reconsider the requirement in 460 IAC 14.1-17-1(b)(1) of obtaining medical clearance from an otolaryngologist before the provision of hearing aids, to align with FDA recommendations. It was noted that the FDA recommends, but does not require, the doctor be an ENT (otolaryngologist), and if an audiologist suspects that someone needs to be seen by a specialist (otolaryngologist) the audiologist would recommend it; (2) Correct the term "otologist" in 460 IAC 14.1-17-1(a)4(A) with "otolaryngologist". (3) Consider modifying the 460 IAC 14.1-17-2(b) to include providing replacement hearing aids to those whose current hearing aids do not meet their employment needs. Response: The BRS appreciates the feedback from Ascension Medical Group: Reponse to Comment (1): BRS has amended 460 IAC 14.1-17-1(b)(1) to state that in addition to an otolaryngologist, either a qualified medical professional under the supervision of an otolaryngologist or a primary care physician can provide medical diagnosis and hearing aid clearance if VR counselor, audiologist and primary care physician have no concerns about the cause of the hearing loss. This aligns with the comments and FDA guidance, and will aid in reducing unnecessary delays for participants waiting to see an otolaryngologist. Response to Comment (2): BRS has amended 460 IAC 14.1-17-1(a)(4)(A) by changing the term "otologist" to "otolaryngologist" and, for consistency with changes made to 460 IAC 14.1-17-1(b)(1) due to another comment, changed "other qualified specialist" to "other qualified licensed medical specialist". Reponse to Comment (3): BRS appreciates feedback regarding the circumstances under which VR will replace hearing aids and has amended 460 IAC 14.1-17-2(b) based on Ascension Medical Group's comment by substituting the two specific reasons for replacement with "if a hearing aid or assistive listening device no longer meets the vocational needs of the participant" which aligns with other policy for the replacement of other assistive technology devices. Kathryn Stafford-Cunnigham, INARF Comments: INARF (1) suggested that the proposed rules, by the new definition of and use of the term commuting distance, appear to be restricting assistance that would be provided to participants with regard to transportation required for their participation in VR services and suggested that VR allow maximum flexibility in transportation limitations; (2) referred to proposed rule 14.1-27-11(a)(3) suggesting that "likely to cause death or bodily harm" should be more clearly defined as it pertains to a service provider be terminated as a provider; (3) referred to proposed 14.1-27-3(a)(9) and 14.1-27-5(b)(1) commenting that five days and two days, respectively, is too short a turnaround period to decline or notify BRS that a referral for service is being declined. Response to Comment (1): BRS appreciates the feedback and in light of the comments has revised the new definition of commuting distance at 460 IAC 14.1-3-19, to state "fifty miles round-trip", instead of "fifty miles one-way", to reflect the need for reasonable flexibility to provide necessary support to individuals in pursuit of their employment outcome, and BRS current practice. Additionally, BRS has amended 460 IAC 14.1-16-2 (a) to clarify that VR can provide assistance with transportation expenses that are required to support the receipt of assessments, services and for commuting back and forth to access postsecondary training services. BRS has eliminated 460 IAC 14.1-16-2(a)(3) because the intent was not clear and after amending (1) and (2) to clarify that VR can provide transportation support as it is needed (3) was no longer necessary. Response to Comment (2): BRS appreciates the comment but does not consider it necessary to further clarify the language in 460 IAC 14.1-27-11(a)(3), regarding the phrase "likely to cause death or bodily harm." Response to Comment (3): BRS appreciates the feedback and does not consider it necessary to change 460 IAC 14.1-27-3(a)(9) from five days. However, BRS has amended this provision, by removing "in writing" to allow flexibility and allow BRS to be responsive to participants and prevent delay in the receipt of services. BRS documents that a referral has been declined in the case management system. BRS has amended 460 IAC 14.1-27-5(b)(1) from two days to five days to allow providers of services enough time to evaluate in a timely manner their ability to meet the request for respective services. In addition, since "in writing" was removed from 460 IAC 14.1-27-3(a)(9), "written" and "in writing" were also removed from 460 IAC 14.1-27-5(b)(2) for consistency. A service provider's request to stop receiving new referrals is documented by BRS in the case management system, and the list of available service providers is updated when a service provider becomes unavailable or available for new referrals. Kim Dodson, The Arc of Indiana Comments: The Arc of Indiana suggested (1) In rule 460 IAC 14.1-24-2, where it states that a student must submit specific documentation to qualify for pre-employment transition services, BRS should add "any other documentation of disability" in order to accommodate students who are attending a private school or being homeschooled; (2) Regarding rule 460 IAC 14.1-18-5(a) BRS should consider adding an appropriate timeline for VR staff to respond to requests to drop or add a class because there is a small window of time for students to complete these activities and per the proposed rule BRS is requiring "written approval" from the VR program; (3) Regarding 460 IAC 14.1-30-1(c), BRS should consider providing 30 days for an individual to submit a request for a due process hearing to allow individuals enough time to make their request and; (4) Regarding 460 IAC 14.1-30-5(b) BRS should consider allowing 30 days to submit a request for an administrative appeal. Response to Comment (1): BRS appreciates the feedback and has amended 460 IAC 14.1-24-2 to clarify that in addition to documentation stated in the proposed rule other documentation of disability can be provided to qualify for preemployment transition services by adding "individualized service plan or any other documentation of disability." Response to Comment (2): BRS has amended 460 IAC 14.1-18-5(a) by replacing "a participant must request and receive written approval from the VR program" with a "participant must contact their vocational rehabilitation counselor before" which addresses the concern of the commenter because the participant will no longer be required to receive written approval from VR. The participant must contact their VR Counselor before changes are made to ensure the proper steps can be taken to support the participant through the changes and that the individualized plan is amended as necessary. Response to Comment (3): BRS appreciates the comment regarding 460 IAC 14.1-30-5(b), however the Administrative Orders and Procedures Act (AOPA) deadline for filing appeals is fifteen (15) days. It should be noted that under AOPA per IC 4-21.5-3-2(e) if notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice. Response to Comment (4): BRS appreciates the feedback regarding proposed rule 460 IAC 14.1-30-5(b), requesting BRS change the rule to allow individuals thirty (30) days to request an administrative review of the outcome of an impartial due process hearing, however no change is necessary as the proposed rule aligns federal regulations. Paul J. Kreimer, Audiologist Comments: Paul Kreimer made several comments about Rule 17 Hearing Aids and Assistive Listening Devices. (1a) He recommended 14.1-17-1(a)(3) should read "at 50 dB in sound field"; (1b) He commented that in 14.1-17-1(a)(4)(B) the term otologist should be replaced by otolaryngologist and that "qualified" should be added to clarify "other specialist" (it should be noted that he was likely referring to 14.1-17-1(a)(4)(A) in this comment). (2) He commented for 14.1-17-1(b)(1) BRS consider adding "an evaluation conducted by a licensed otolaryngologist or other qualified and licensed medical professional under the supervision of a licensed otolaryngologist" because they are qualified and could help reduce the wait time; (3) He recommended that in 14.1-17-1(b)(1)(C) VR consider removing "prescription for hearing aid…." because it is redundant of "hearing aid clearance" in the same section; (4) At 14.1-17-1(b)(1) he recommended BRS consider changing the requirement for every individual in need of hearing aids to see an otolaryngologist. He recommends individuals who are receiving their first hearing aids to be required to see an otolaryngologist, and others could receive medical clearance from their primary care physician; (5) He commented that 14.1-17-1(b)(2) is unclear and recommended that it might better read "specific level of hearing loss" and recommended adding more specific language about audiogram testing to include something such as "hearing loss as measure[d] by bone conduction, air conduction and speech discrimination"; (6) He commented regarding 14.1-17-1(b)(2)(B) BRS should consider adding "particular hearing aid characteristics recommended, especially related to gaining or maintaining employment."; (7) He commented that the language in 14.1-17-1(d)(3) needs to updated to reflect that the majority of hearing aids are now rechargeable and do not require dry kits; (8) and lastly he commented regarding 14.1-17-2(b)(1) and (2) BRS consider amending the language because modern hearing aids can be adjusted in the hearing aid provider office to accommodate a change in hearing of 10 dB or more. Therefore, the language should be changed to reflect that hearing aids may be replaced if the current hearing aids are not suitable for the employment needs of the individual. Response to Comments: BRS appreciates the comments and specific recommendations provided by Mr. Kreimer, and response to specific comments follow: Response to Comment (1a): BRS has added "field" to 14.1-17-1(a)(3). Response to Comment (1b): BRS has replaced the term otologist in 14.1-17-1(a)(4)(A) with "licensed otolaryngologist" in addition to clarifying "other qualified specialist" by adding "other qualified licensed medical specialist". Response to Comment (2): BRS appreciates the opportunity to clarify who may conduct an evaluation for medical diagnosis and hearing aid clearance due to this comment and comments from Ms. King about 14.1-17-1(b)(1). BRS has amended the language to state "by (A) a licensed otolaryngologist, (B) a qualified and licensed medical professional under the supervision of an otolaryngologist; or (C) the participant's primary care physician or similarly qualified medical professional, if the vocational rehabilitation counselor, licensed audiologist or licensed physician have no medical concerns regarding the cause of the hearing loss." Response to Comment (3): BRS has eliminated language in 14.1-17-1(b)(1)(C) which stated "a prescription for a hearing aid or an assistive listening device" because it was redundant. Note that due to other comments, (C) has been amended and is explained below. Response to Comment (4): BRS considered recommendations made for 14.1-17-1(b)(1) to allow participants to get medical clearance for hearing aids from their primary care physician if they have previously had hearing aids. Amendments similar to the recommendations have been made to this rule but we have also considered comments from Ms. King. As a result, the amended rule 14.1-17-1(b)(1) states that medical diagnosis and hearing aid clearance must be obtained by (A) an otolaryngologist (B) a qualified and licensed medical professional supervised by an otolaryngologist or (C) the participant's primary care physician if the VR counselor, licensed audiologist or licensed physician have no concerns about the cause of the hearing loss. This aligns with recommendations by the FDA and will eliminate unnecessary expense and delay as explained in the response to Ms. King's comments above. Response to Comment (5): BRS has clarified 14.1-17-1(b)(2) by removing "amplification" and adding "specific level of hearing loss, determined by an audiogram to include a measure by bone conduction, air conduction and speech discrimination…", which describes the current BRS practice. Response to Comment (6): BRS has clarified 14.1-17-1(b)(2)(B) by adding "particular hearing aid characteristics recommended as they relate to achieving the employment outcome". Response to Comment (7): BRS has changed 14.1-17-1(d)(3) to include a charging case for rechargeable hearing aids and changed the language about dry kits by adding "if necessary", because there are still some instances when a person might require a dry kit. Response to Comment (8): The commenter pointed out that in 14.1-17-2(b) BRS had stated that a participant could get new hearing aids if their hearing, based on the pure tone average, had decreased by 10dB. The commenter rightly pointed out that modern hearing aids can be adjusted by the audiologist to accommodate this type of change in hearing. Therefore, BRS has amended 460 IAC 14.1-17-2(a) by adding to (a)(1) "adjustments to hearing aids to accommodate changes in hearing" because the participant would work with their audiologist for this type of adjustment, if their hearing aids are still functioning, without the assistance of VR. In addition, in response to Mr. Kreimer's comment in combination with the comment from Ms. King, BRS has amended 460 IAC 14.1-17-2(b) to state that VR will provide new hearing aids or assistive listening devices if their current hearing aids or devices no longer meet their vocational needs, meaning they can no longer be adjusted to meet the vocational needs. Emily Munson, Indiana Disability Rights (IDR) Comments: Indiana Disability Rights had several comments for consideration. They are summarized as follows: (1) In 460 IAC 14.1-1-1 The commenter recommended that BRS consider modifying of the language by citing to the federal regulations at 34 CFR 361.1(b) or add language to reflect the entire scope of the purpose of the VR program; (2) Comments indicate that 460 IAC 14.1-2-1 which describes the applicability of the article, is unclear; (3) Recommended BRS remove 460 IAC 14.1-2-2, which states that if this article is in conflict with federal regulations and state statute specifically applicable to the VR program, then they will supersede accordingly; (4) In 460 IAC 14.1-2-3 recommended BRS not cite federal regulations referring to the July 1, 2022 edition; (5) In 460 IAC 14.1-3-3 recommended that BRS change the definition of "advocate" to reflect that an advocate's role is to support the preferences of the individual; (6) In 460 IAC 14.1-3-4 recommend BRS remove the requirement that an appeal request must be written and signed; (7) In 460 IAC 14.1-3-7 recommended changes to the name of the section; (8) In 460 IAC 14.1-3-12 recommended clarification to the definition of business day; (9) In 460 IAC 14.1-3-15 recommended the addition of the acronym in the rule as this is how it known by the public, and clarifying that the program is administered by IDR; (10) In 460 IAC 14.1-3-19 recommended the rule be clarified as per their understanding the rule implied that VR would only be reimbursing for transportation from the primary place of residence; (11) Regarding 460 IAC 14.1-3-21, the commenter wanted to ensure that BRS meant to include both VR participants and VR services providers in the definition of "determination notice"; (12) Regarding 460 IAC 14.1-3-29, the commenter suggested that the definition of family member might be further clarified to prevent a "roommate" from being incorrectly viewed as a family member; (13) In 460 IAC 14.1-3-31 and 460 IAC 14.1-3-32 where functional capacity and functional limitation are defined, respectively, the commenter suggested that clarification of both definitions for transparency regarding how the terms are used; (14) Regarding 460 IAC 14.1-3-34 where home modifications are defined as "assistance with the permanent alteration of a participant's primary residence to remove physical barriers preventing the participant from achieving their employment outcome" and the commenter suggested the language was more restrictive than necessary which could cause confusion for VR counselors; (15) Regarding 460 IAC 14.1-3-43, where "maintenance" is defined and references 34 CFR 361.5(c)(34), the commenter indicated that they thought that BRS was actually referring to 34 CFR 361.48(b)(7) or alternatively suggested that VR was altering the definition of maintenance. (16a) In 460 IAC 14.1-3-52, which defines "postsecondary training costs" the commenter suggests clarifying that these costs refer to various types of postsecondary training programs, and not just college or university programs, and that reimbursement for these costs could be made directly to participants. (16b) In 460 IAC 14.1-3-53, the definition of postsecondary training services the commenter recommended removing minimum from "minimum education requirements." (17) Regarding 460 IAC 14.1-3-70, the definition of "trial work experiences," the commenter suggests that the definition is not an adequate definition, and recommends that BRS should consider adding "applicant" to the definition; (18) Regarding 460 IAC 14.1-3-71, a definition of vehicle modification services, the commenter suggests that the definition is not clear enough due to the use of the phrase "private passenger vehicle"; (19a) Regarding 460 IAC 14.1-4-1(a) , which states that a participant must provide written consent before VR can disclose information to a third party, the commenter recommended the section be rephrased for clarity. In addition, the commenter recommended 460 IAC 14.1-4-1(b) was not necessary to include because it might appear to discourage participants from involving family members. (19b) Regarding 460 IAC 14.1-4-2, a section about cooperation and active participation, the commenter suggested that the language implied that VR is not required to provide opportunities for informed choice regarding evaluations and services, and suggested that the language be changed to emphasize that the vocational rehabilitation process is a collaborative effort; (20) Regarding 460 IAC 14.1-4-4 which describes when participants should be notified about the Client Assistance Program (CAP) the commenter suggested that the rule language be amended to state that the applicant or participant must be notified about CAP at each of the enumerated times already listed in the rule; (21) Regarding 460 IAC 14.1-4-6, regarding amendments to the record of service if requested by the applicant or participant, the commenter recommended adding language regarding what would be done, if VR did not agree that the record of service was inaccurate; (22) Regarding 460 IAC 14.1-5-2, which lists criteria for program eligibility, the commenter is opposed to the language that the applicant must undergo evaluations when necessary; (23) Regarding 460 IAC 14.1-5-4, which states that a participant may not have a family member or other person with a financial interest assigned to them as a VR counselor, the commenter suggested language to clarify the intent of the section; (24) Regarding 460 IAC 14.1-7-2, which lists twenty-one items that are not within the scope of VR services, the commenter suggested that BRS separate this section into two sections and add language stating that a participant can request an exception to each of these items and argued that exceptions be available for justifications other than cost. In addition the commenter asserted several specific items should not be included on the list; (25) Regarding 460 IAC 14.1-8-1, which provides for requesting exceptions for time limits or financial assistance limits, the commenter suggested that the process described would be confused with the right to request an impartial due process hearing, or informal supervisory review; (26) Regarding 460 IAC 14.1-9-1(a) and (d), which describes when an individualized plan for employment and an amendment of the same take effect, the commenter recommended additional clarification; (27) Regarding 460 IAC 14.1-11-1(1)(e), where requirements for requesting reevaluation for driver training services are described, the commenter suggested changing the language to "provide VRS with evidence documenting a substantive change in circumstances"; (28) Regarding Rule 12, which describes self-employment services for operating a small business, the commenter made several comments. The commenter suggested that the business review committee required further clarification regarding its composition. The commenter suggested the contributions listed in rule 460 IAC 14.1-12-3(c) and assistance amount for start-up costs in 460 IAC 14.1-12-3(d) be revised. The commenter suggested franchises, and businesses designed to earn passive income not be included in 460 IAC 14.1-12-4, which describes types of businesses are not allowable as self-employment outcomes; (29) Regarding 460 IAC 14.1-15-1(c), which states that if additional information is necessary a participant must undergo an evaluation to determine if physical or mental restoration services are necessary, the commenter suggested that the language used is unnecessarily restrictive. Regarding 460 IAC 14.1-15-1(d), which states that the participant must use comparable benefits before VR will provide for physical or mental restoration services, the commenter recommended adding language clarifying this requirement (30) Regarding Rule 16, about supporting services, several comments were made. Regarding 460 IAC 14.1-16-2, which states when transportation assistance will be provided, the commenter recommended rephrasing the rule to better reflect the intent of VR to provide for transportation assistance as it is needed to participate in other VR services. In addition, the commenter suggested adding language providing for transportation assistance for personal care attendants. Regarding 460 IAC 14.1-16-3, which describes maintenance services, the commenter recommended adding "applicant or participant may receive…" and believed that the rule appeared to restrict the provision of clothing and other maintenance services to those who are "gaining" employment; (31) Regarding Rule 18, which describes for the provision of Postsecondary services, the commenter made several comments. Regarding 460 IAC 14.1-18-1(a) and (b) the commenter recommended to not use the word minimum, to describe when VR will support a participant to pursue training. Regarding 460 IAC 14.1-18-2(a) and (b), the commenter suggested clarifying what is meant by the "participant's responsibility", and in (d) the commenter suggested to clearly state merit scholarships are not considered a comparable benefit and service and recommended that BRS should clarify that participants are not required to apply for or accept student loans or work-study assistance. Lastly regarding 460 IAC 14.1-18-3, which describes use of Rule 8 (Exceptions) for postsecondary services, the commenter stated that the exception process only applies to those seeking academic degrees, recommended the entire section be removed, and also suggested that BRS consider granting exception for duration of a participant's postsecondary training, instead of one term at a time so that participants can better plan for their needs. (32) Regarding Rule 19, regarding the provision of vehicle modifications, the commenter had several comments. Regarding 460 IAC 14.1-19-3, which describes limits for the provision of a subsequent vehicle modification, the commenter suggested that the language "substantial change in their functional limitations" is too restrictive. Regarding 460 IAC 14.1-19-4(b)(9), which describes limitations on vehicle modification services, the commenter was concerned it would prevent VR from providing services to relocate equipment even if it was necessary for the individual to continue to enter or drive the vehicle; (33a) Regarding 460 IAC 14.1-20-2, which describes the scope of home modifications, the commenter objected to some of the limitations listed regarding the modification of homes, including limiting the modification of a laundry area to circumstances in which the modification would allow the participant to do their laundry independently, and the criteria that the modifications should be the minimum necessary to enable to participant to achieve their employment outcome. (33b) Regarding 460 IAC 14.1-20-6, the commenter expressed concerns about the list of modifications and goods that are not eligible for purchase or reimbursement as home modification services, in addition to the limitation that a participant may not receive subsequent home modifications sooner than ten years if there is no change in functional limitations. The commenter understood the rule to say that it would limit BRS from providing a home modification for someone advancing in employment; (34) Regarding 460 IAC 14.1-22-3 the commenter expressed concerns that the rule is not practical in the event the tool, equipment or AT is no longer working properly. (35) Regarding 460 IAC 14.1-24-1, regarding Pre-Employment Transition Services, the commenter suggested the rule should state that other documentation of disability could be submitted to qualify for pre-ETS services; (36) Regarding 460 IAC 14.1-26-3, which describes reasons for case closure for reasons other than rehabilitation, the commenter suggested that the language could be amended to be more nuanced to prevent the appearance that BRS would be closing cases rashly and without substantial attempts to provide informed choice and serve participants prior to case closure. (37) Regarding Rule 27, which addresses registration and responsibilities of service providers, the commenter made several comments. In 460 IAC 14.1-27-2 and 3 the commenter indicated 2(a) and 3(b) conflict with each other. In 460 IAC 14.1-27-4, which addresses conflicts of interest the commenter recommended BRS add that participant preference should be included in a reason to make an exception regarding conflicts of interest. In 460 IAC 14.1-27-5, which is specific to job related service providers, the commenter recommended BRS remove the requirement for job related service providers to be accredited according to IC 12-12-1-4.1, and although the commenter was glad to see that BRS is requiring training for job related service providers, it was recommended BRS consider training other than ACRE training to be acceptable. Regarding 460 IAC 14.1-27-7, the commenter recommended changes to the language regarding the home modification service providers providing written copy of warranty information to participants. Regarding 460 IAC 14.1-27-8 regarding providers of American Sign Language (ASL) interpreter services, the commenter recommended additional requirements. Regarding 460 IAC 14.1-27-11, which addresses termination of service providers, the commenter recommended BRS address what would happen to a provider that was disbarred or suspended by a state, local or federal agency, and their ability to appeal. The commenter also suggested that a provider whose actions led to "death or bodily harm" be precluded from providing vocational rehabilitation services even if those actions were caused while delivering services through a different program other than VR. (38) Regarding 460 IAC 14.1-28-1(j) the commenter recommended adding language to clarify that a service provider will not receive payment from VR for services that are outside the scope of the authorization; (39) Regarding 460 IAC 14.1-29-1, which describes informal supervisory review, the commenter recommended the rule specify that the counselor's decision will be reviewed by the supervisor of the counselor, and that the participant be informed of the decision in writing. (40) Regarding Rule 30 which describes due process hearings, the commenter had several comments. Regarding 460 IAC 14.1-30-1 the commenter recommended clarification of in writing and any method of delivery. The commenter also recommended additional clarification of the appeal process and accommodation requests. The commenter also suggested removing language that the appeal request must be received by the time of day specified in the rule. Lastly the commenter recommended removing the requirement for a person to notify the hearings and appeal section of FSSA, of their decision to withdraw their appeal, therefore allowing the person to simply notify the VR program of their withdrawal. Regarding 460 IAC 14.1-30-3 the commenter recommended BRS decouple mediation from impartial due process hearing and regarding 460 IAC 14.1-30-4 recommended that BRS change the name of the report that the hearing officer issues within thirty days of the due process hearing. Response to Comments: Overall BRS appreciates the feedback and comments from Indiana Disability Rights (IDR). It is apparent that IDR invested significant time in reviewing and writing comments. In some cases, the comments made it apparent that BRS should clarify the language to ensure that the intent of the rule is evident. In other cases, IDR's comments pertained more to policies and practices, especially regarding nuances in the provision of services, as opposed to language and detail that should be included in the rule. Responses to specific comments are below. Response to Comment (1): BRS has not narrowed scope of the purpose of the program and for clarification purposes has amended the language in 460 IAC 14.1-1-1 by replacing "…gaining competitive integrated employment so that they may achieve increased economic independence" with "…engaging in competitive integrated employment so that they may achieve increased economic self-sufficiency..." to align with federal language and the intent of the program. Response to Comment (2): BRS does not consider it necessary to amend the language of rule 460 IAC 14.1-2-1 regarding the applicability of the rule. Response to Comment (3): BRS does not consider it necessary and will not be amending the language of the rule 460 IAC 14.1-2-2 because it is a standard provision. Response to Comment (4): BRS does not consider it necessary to amend 460 IAC 14.1-2-3 because it is standard to incorporate by reference the federal regulations that are in effect as of the date of rule submission. Response to Comment (5): BRS has amended the definition of advocate at 460 IAC 14.1-3-3, to reflect that advocates are chosen by the applicant or participant to represent and support them in their interests as opposed to just being involved in the case. Response to Comment (6): BRS does not consider it necessary to remove "written and signed request" from the definition of appeal request at 460 IAC 14.1-3-4. Response to Comment (7): BRS does not consider it necessary to amend the name of the section at 460 IAC 14.1-3-7. Response to Comment (8): BRS does not consider it necessary to further define business day at 460 IAC 14.1-3-12. Response to Comment (9): BRS has amended 460 IAC 14.1-3-15 by adding the acronym for Client Assistance Program, CAP and in addition corrected the language to state that CAP is administered by Indiana Disability Rights. Response to Comment (10): BRS has amended the use of the term "commuting distance" within the body of the rule to address this comment and the changes will be detailed further in the response to comment 30. Response to Comment (11): BRS does not consider it necessary to amend the definition of "determination notice" at 460 IAC 14.1-3-2. Response to Comment (12): BRS has clarified the definition of family member by adding "Family member of a participant or applicant, except for as defined in 460 IAC 14.1-16-4, means an individual who is …" and that the individual "…has a substantial interest in the well-being of the applicant or participant" at 460 IAC 14.1-3-29. Response to Comment (13): BRS has clarified the definitions of "functional capacity" at 460 IAC 14.1-3-31 and "functional limitations" at 460 IAC 14.1-3-32. The definition of "Functional capacity" will now include "means one of the following areas assessed by the VR program to determine whether a physical or mental impairment has serious limitations in terms of an employment outcome" before the enumerated list of areas. The definition of "Functional limitation" will now include "a restriction or difficulty, in one of the functional capacity areas, due to a physical or mental impairment, resulting in an impediment in terms of an employment outcome". Response to Comment (14): BRS has clarified the definition of home modification services at 460 IAC 14.1-3-34 by removing "permanent." There are non-permanent modifications that are provided under home modification services, such as a raised toilet seat as the commenter mentions. BRS does not find it necessary to remove the words "physical" or "preventing." This rule will allow BRS to accommodate the disability related needs of an individual with a barrier to accessing their home in order to support them in achieving an employment outcome. Response to Comment (15): BRS does not consider it necessary to revise the definition of maintenance at 460 IAC 14.1-3-43 as it refers correctly to the definition of maintenance at 34 CFR 361.5(c)(34). Response to Comment (16a): BRS has added "or program" to the definition of postsecondary training costs at 460 IAC 14.1-3-52. However, BRS does not find it necessary to state that participants can be directly reimbursed in the definition itself. Response to Comment (16b): BRS does not consider it necessary to revise the definition of postsecondary services at 460 IAC 14.1-3-53. The use of the phrase minimum education requirements, does not, as the commenter suggests, equate to BRS not supporting participants interested in advancing in their career. The minimum educations requirement would be derived from the participant's desired and chosen employment outcome. Response to Comment (17): BRS has added "applicant or" to the definition at 460 IAC 14.1-3-70 because trial work experiences can be provided to both an applicant or a participant. No additional amendments are necessary. Response to Comment (18): BRS does not consider it necessary to further clarify the definition of vehicle modification services at 460 IAC 14.1-3-71. Response to Comment (19a): BRS does not consider it necessary to amend 460 IAC 14.1-4-1(a), regarding the requirement of a written consent to disclose information. However, BRS has eliminated 460 IAC 14.1-4-1(b) which indicated that the participant would be required to ensure that their family member or advocate would not interfere in the progress of the VR services. Although it was not the intent, it might discourage participants from involving family members or guardians in their services, and there may be circumstances in which the participant does not control the behavior of their family member. Response to Comment (19b): BRS has amended some language at 460 IAC 14.1-4-2, which describes the cooperation and active participation requirements of applicants and participants. While it is necessary for applicants and participants to cooperate and actively participate to make progress with their vocational rehabilitation, there was no intent to deny the applicant or participant the opportunity to exercise their informed choice or to preclude the collaborative effort required between VR and the participant. For clarity, BRS has separated 460 IAC 14.1-4-2 into (a) (b) and (c). To emphasize applicants' and participants' right to exercise informed choice and explain the reason for active cooperation and participation, 14.1-4-2(a) now states "After receiving opportunities to exercise informed choice an applicant or participant must provide information necessary for the VR program to determine eligibility for vocational rehabilitation services and identify appropriate vocational rehabilitation services to be added to the individualized plan for employment." 460 IAC 14.1-4-2(b) now explains how a participant will demonstrate cooperation and active participation in the vocational rehabilitation process and BRS has added "mutually agreed upon" to emphasize the collaborative effort in the rehabilitation process. What was 460 IAC 14.1-4-2(b) is now 460 IAC 14.1-4-2(c) and has been modified to say that refusal to cooperate and actively participate "may", rather than "shall", result in case closure, thereby more accurately reflecting the intent of BRS to give the applicant or participant every opportunity to follow through as necessary. Response to Comment (20): BRS does not consider it necessary to modify 460 IAC 14.1-4-4, which states when an applicant or participant must be notified about CAP and lists, but does not limit, several points within the vocational rehabilitation process an individual may use the services of CAP. Response to Comment (21): BRS has amended 460 IAC 14.1-4-6 by adding "If information is not corrected, documentation of the request will be included in the record of services" in response to the comment and to be in alignment with federal regulations. Response to Comment (22): BRS does not consider it necessary to modify 460 IAC 14.1-5-1(2)(c), which states that an applicant must undergo evaluations when necessary to determine eligibility for vocational rehabilitation services as it cites to the federal regulations at 34 CFR 361.42(d). Response to Comment (23): BRS does not consider it necessary to modify 460 IAC 14.1-5-4, which states that family members or anyone with who has financial interests with a participant cannot be assigned as the vocational rehabilitation counselor. The amendment to the definition of family member in the response to comment 12 eliminates the need for change here. Response to Comment (24): BRS does not consider it necessary to modify 460 IAC 14.1-7-2 which identifies exclusions from the scope of vocational rehabilitation services and is the same standard found in current rule. The items listed are appropriate and will not prevent VR from providing allowable services necessary for the achievement of employment outcomes. Many of the comments are related to standards that are in the current rules. The federal regulations do not prohibit clarifying services that fall outside the scope of vocational rehabilitation services. As the commenter notes, the federal regulations only require VR to provide for exceptions where there are time limits or financial limits on vocational rehabilitation services, but otherwise there are no requirements to provide for exceptions. Response to Comment (25): BRS appreciates the comments on Rule 8, regarding exceptions for time limits and financial limits on services. As stated above, the federal regulations only require VR to provide an exception process to established time limits or financial limits on services. BRS has amended 460 IAC 14.1-8-1 to prevent the exception process from being confused with requesting an impartial due process hearing; to allow the exception process to assist in the planning of the services required on the individualized plan for employment; to clarify that if a participant does not agree with the outcome from the request for an exception, they will receive a determination notice with appeal rights included; and explain that while the requirements to receive a specific service are not subject to the exception process, the participant may appeal those decisions. In addition, at 460 IAC 14.1-4-5, "exception request" has been added to the list of decisions that VR will issue a determination notice. Response to Comment (26): BRS does not consider it necessary to modify the language in 460 IAC 14.1-9-1(a) which describes when an individualized plan for employment takes effect and a participant can begin receiving their services, because it provides for supervisory approval of plans when necessary, for example a vocational rehabilitation counselor that is new and in training status. Response to Comment (27): BRS has clarified 460 IAC 14.1-11-1(e), which describes when a participant will be reevaluated for driver training services, by replacing "must provide the VR program with medical documentation demonstrating an improvement in their functional limitations" with "must provide VR with evidence documenting a substantial change in circumstance….." because as the commenter pointed out, sometimes the participant's limitations have improved, however in other situations, advancement in technology results in improving a participant's ability to become a safe driver. Response to Comment (28): BRS does not consider it necessary to modify 460 IAC 14.1-12-1, where the business review committee is described. BRS does not consider it necessary to amend 460 IAC 14.1-12-3 where the participant responsibilities toward the business start-up are described, and an upper limit is established. In practice, contributions toward business startup costs can come from other sources and be cash or in-kind. The rule clearly states that if the participant would like to request an exception to the upper limit they may use the process described in Rule 8. BRS does not find it necessary to amend 14.1-12-4(a), which clarifies the standard in the current rules. The current rule 460 IAC 14-13-1 defines a small business operation "...consisting of the practice of a profession, trade, craft or other skill performed in a business setting that is independently owned and operated…markets its products or services to customers…in which the individual is directly engaged in and responsible for the ongoing management or management and daily operation of the business." The proposed rule is designed to more clearly establish that franchises, non-profits and not-for-profits, limited partnerships where a person is not actively directly engaged in ongoing management or the daily operation cannot be supported as they are not independently owned and operated. The owner of a franchise must adhere to the franchising company requirements and structure. Nonprofit organizations are required to have a board of directors to make business decisions. Likewise, businesses designed to earn passive income or that are speculative in nature cannot be supported because they are not marketing a profession, product trade or skill to a customer. Response to Comment (29): BRS does not consider it necessary to amend 460 IAC 14.1-15-1(c), which states that if additional information is necessary a participant must undergo an evaluation to determine if physical or mental restoration services are necessary. BRS has amended 460 IAC 14.1-15-1(d), to clarify that the participant "…must use available comparable services and benefits unless it would cause a delay as indicated in 460 IAC 14.1-7-4(a)(2)." Response to Comment (30): Rule 16, which describes supporting services that are necessary for applicants and participants to participate in their other services, has been modified in response to comments. In 460 IAC 14.1-16-2(a)(1), BRS has amended the language to reflect the intent to provide assistance for necessary transportation support to both applicants and participants when they receive assessments, evaluations and services as part of vocational rehabilitation. BRS has amended 460 IAC 14.1-16(a)(2) to clarify that if the participant is commuting to and from postsecondary training the participant will receive assistance with one round trip per day for scheduled classes. BRS has eliminated 460 IAC 14.1-16-2(a)(3), because the changes made to (1) and (2) will ensure that VR can provide assistance with transportation as it is needed, including transportation to and from postsecondary training institutions. Although it was not BRS's intent, the commenter noted that it appeared that BRS was limiting the provision of maintenance services to those applicants and participants who were "gaining employment." As a result, BRS has amended the language in 460 IAC 14.1-16-3, where maintenance services are described. BRS amended (a) to clarify that an applicant or participant may receive assistance with increased costs that are directly related to receiving an evaluation or participating in vocational rehabilitation services on the individualized plan for employment. BRS clarifies that VR is not limiting maintenance services to participants that are "gaining" employment and has amended 460 IAC 14.1-16-3(a)(1) and (4) by replacing "gaining employment" with "achieving an employment outcome". The federal regulations state several times that vocational rehabilitation services are provided to assist a participant achieve an employment outcome. By definition, in the federal regulations, "employment outcome" includes entering, advancing in, or retaining competitive integrated employment. For consistency and to accurately reflect our intent, BRS has also amended the following provisions: 460 IAC 14.1-12-2(e)(1) by replacing "..necessary for achievement or maintenance of an employment outcome" with "necessary for achievement of an employment outcome; 460 IAC 15-1(c) by replacing the phrase "necessary for the participant to achieve or maintain an employment outcome" with "necessary for the participant to achieve an employment outcome"; 460 IAC 14.1-17-1 by replacing "unable to gain or maintain employment" with "unable to achieve an employment outcome"; and 460 IAC 14.1-20-2(a)(4) by replacing "necessary for gaining or maintaining employment" with "necessary for achieving the employment outcome." Although these changes are subtle, they are aligned with BRS intent and in addition provide consistency throughout the rule. It should also be noted that 460 IAC 14.1-6-3 refers specifically to 34 CFR 361.36(a)(3)(v), and intentionally refers to maintaining current employment. Response to Comment (31): Rule 18, which describes postsecondary training services, has been amended in response to some of the comments. BRS does not find it necessary to eliminate the word "minimum" from the phrase "minimum education or training" in 460 IAC 14.1-18-1(a)(5) or (b) because the chosen employment outcome, as defined in 14.1-3-25, can reflect a vocational goal to prepare for, obtain, maintain, or advance in employment. Based on the comment, BRS has eliminated "the participant's participant responsibility amount and" and as recommended added clarifying information by adding (f) and (g). BRS has added 460 IAC 14.1-18-2 (f) to clarify that participants are not required to apply for or accept student loans or work-study funds. In addition, BRS has added 460 IAC 14.1-18-2 (g) to clarify that participants are not required to apply for or accept merit scholarships and clarify how merit scholarships are treated if received. BRS has added clarifying language to 460 IAC 14.1-18-3, regarding requesting exceptions to rules regarding financial assistance and program completion time limits. BRS has removed the requirement regarding requesting an exception for each academic term, and included language that will allow an exception to be extended, if the participant is meeting all other VR and academic requirements, which will allow for reasonable planning on the part of the participant as they move through their VR program. Response to Comment (32): BRS has added 460 IAC 14.1-19-3(e) to state that exceptions to this rule can be requested under 460 IAC 14.1-8-1. BRS does not find it necessary to amend the rule in response to other comments regarding rule 19 because, similar to the standard in the current rule at 460 IAC 14-19-12(d), it provides for any necessary subsequent modification based on substantial changes in functional limitation related to the disability itself or a function of the equipment used by the applicant or participant to accommodate their disability. If a vehicle modification no longer meets a participant's needs before the vehicle has an odometer reading of 100,000 miles because the vehicle itself is not functioning properly and cannot be repaired, the participant could request an exception as described in 460 IAC 14.1-19-3(e). Response to Comment (33a): BRS does not find it necessary to make changes to the rule at 14.1-20-2, in response to comments regarding the following: Restricting the modification of the laundry area to circumstances in which the modification will enable to the participant to independently launder clothing; the use of standard quality, contractor grade material; and modifications shall be the minimum necessary to enable the participant to achieve their employment outcome. The rule, as written, accurately reflects that home modifications must be reasonable, and directly related to meeting the individual needs of the participant to enable them to prepare for and achieve their employment outcome. Response to Comment (33b): BRS does not find it necessary to amend 460 IAC 14.1-20-6. which is consistent to the standard in the current rule and accurately reflects that home modifications must be reasonable and directly related to enabling the participant to prepare for and achieve their employment outcome. BRS's response to the concerns that the commenter raised about the exception process are addressed above. Response to Comment (34): BRS does not find it necessary to amend 460 IAC 14.1-22-3, which is the same standard as the current rules. The rule as written does not prohibit the participant from disposing of non-functioning or broken goods. The participant would simply notify their VR counselor as stated in 460 IAC 14.1-22-3(4), to receive permission to dispose of the item and the item would be removed from the inventory in the case management system. Response to Comment (35): BRS has added "individualized service plan or any other documentation" at 460 IAC 14.1-24-1(2) to the list of what documentation can be submitted to receive pre-employment transition services, to accommodate any students attending private schools without any federal funding or those students being home schooled. Response to Comment (36): The draft rules provide the legal authority for case closure and align with federal reporting requirements around program exit, which is the existing standard in the current rules. Nothing in the draft rules preclude nuance and individualized circumstances to be considered. BRS has modified 460 IAC 14.1-26-3(1)(H) by adding "a pattern of failing to cooperate….." and 460 IAC 14.1-26-3(1)(P) by adding "despite the offering or provision of restoration services to improve the behavior" to address the concerns of the commenter. BRS does not consider it necessary to amend 460 IAC 14.1-26-3(1)(I) because it is the standard in the current rules and is used when a participant chooses to decline services all together. Response to Comment (37): There were several comments regarding Rule 27. BRS has clarified 460 IAC 14.1-27-2(b)(1) by adding the word "effective" before the word "date" and eliminating "notice of" from "providers notice of withdrawal", and by replacing "this article" with "this section" at 14.1-27-3(3)(b) to clarify confusion about the impact of "voluntary withdrawal" versus "failing to comply" if the provider chooses to reapply to be a vendor. BRS does not consider it necessary to amend 460 IAC 14.1-27-4(6) where exceptions to conflicts of interest are described. BRS does not find it necessary to modify 460 IAC 14.1-27-5(a)(1) because it reflects current state requirements. BRS does not find it necessary to modify 460 IAC 14.1-27-5(a)(2) because the Association of Community Rehabilitation Education (ACRE) collaborated with the Association of People Supporting Employment First (APSE) to develop competency-based training to facilitate the provision of high-quality employment services. BRS views the Certified Employment Support Professional (CESP) credential by APSE as meeting the ACRE training criteria. BRS does not find it necessary to amend 460 IAC 14.1-27-7, regarding home modification service providers. BRS does not find it necessary to amend 460 IAC 14.1-27-8 because the rule requires providers to meet one of the criteria in 460 IAC 2-3-3(a)(1) through 460 IAC 2-3-3(a)(5), which specifically refers to interpreter services for the deaf population. 460 IAC 14.1-27-8. BRS does not find it necessary to change 460 IAC 14.1-27-11 where termination of a service provider is described. Response to Comment (38): Regarding 460 IAC 14.1-28-1(i), BRS has added "from the VR program" for clarification. Response to Comment (39): BRS has added "reviewed by the counselor's supervisor" to clarify who would be responsible for reviewing a decision in 460 IAC 14.1-29-1(b) where informal supervisory reviews are described, although BRS did not consider it necessary to add "in writing" to 460 IAC 14.1-29-1(c). Response to Comment (40): BRS has clarified "any method of delivery" by changing it to "mail, electronic facsimile, electronic mail, or in-person delivery" in 460 IAC 14.1-30-1(b) where the method to request a due process hearing is described but BRS did not consider it necessary to amend what is required in the request. BRS did not consider it necessary to remove the requirement of the request for the appeal being received by 4:30 p.m. at 460 IAC 14.1-30-1(c). BRS has eliminated "and the hearings and appeals section of the family and social services administration" in 460 IAC 14.1-30-1(d) where it describes what a participant must do if they wish to withdraw their request for an impartial due process hearing because, as the commenter noted, it might be difficult for the participant to complete this activity and the VR counselor can forward the withdrawal information. BRS does not consider it necessary to amend 460 IAC 14.1-30-3, as BRS views mediation to be part of the impartial due process hearing procedures. BRS does not consider it necessary to amend 460 IAC 14.1-30-4(b) where it describes the name of the report the hearing officer issues within thirty days of the due process hearing. Family Solutions Home Care LLC; Julie McGill Comments: (1) Ms. McGill noted support for several areas. (2) Reinstate a full Participants Rights and Responsibilities Section. (3) Reinstate notification requirements for CAP at all major decision points. (4) Restore a defined mediation process and reintroduce a structured dispute resolution. (5) Publish operational guidance or a supplemental manual to clarify service specific expectations.   (6) Clearly define the Order of Selection process, including prioritization, categories and communication strategies. (7) Address services exclusions and undefined terms to ensure clarity, consistency, and equitable access across the state. (8) Consider several ideas and suggestions for improvement. BRS would like to thank Julie McGill of Family Solutions Home Care for reviewing the rule and providing feedback. Please see responses to the specific comments. Response to Comment (1): BRS thanks you for your expressed support in the specific areas regarding flexibility with requirements for medical clearance for the provision of hearing aids; clarification of transportation; clarification around student loans, merit scholarships and work-study, and improved case closure language.  BRS would like to point out that BRS has not been requiring student to take out student loans, apply for merit scholarships or work study, as this is and has been in conflict with federal regulations. BRS does not consider it necessary to make any changes. Response to Comment (2): There have been no changes or reductions in the rights and responsibilities of participants as they are codified in Rule 4 (Rights and Responsibilities of Applications and Participants). Draft rule 460 IAC 14.1-3.41 defines informed choice by referring directly to the federal regulations where the requirements are clearly defined. Statewide service access cannot be reduced as it is a requirement of BRS by federal regulations, 34 CFR 361.25.  BRS does not consider it necessary to make any changes. Response to Comment (3): Rule 460 IAC 14.1-4-4 does require applicants and participants to be notified of the services provided by CAP and provides more detail than the current rules, including examples of situations where assistance from CAP is available. BRS does not consider it necessary to make any changes. Response to Comment (4): The mediation process remains intact, has always been voluntary and is now codified at 460 IAC 14.1-30-3. Mediations and impartial due process hearings are conducted in accordance with IC 4-21.5-3.5 and managed by the Office of Administrative Law Proceedings (OALP) under the Administrative Orders and Procurement Act (AOPA).  BRS does not consider it necessary to make any changes. Response to Comment (5): Thank you for your comment. Rule 7, regarding the selection and scope of services refers to 34.CFR 361.48 where the federal regulations fully describe the scope of services, in addition to definitions of those services. This rule provides specific information  about services where it is required, including in rule 11 (Driver Training Services); rule 12 (Self Employment Services for Operating a Small Business); Rule 14 (Supported Employment); rule 15 (Physical and Mental Restoration); rule 17 (Hearing Aids and Assistive Listening Devices); rule 18 (Postsecondary Training Services); rule 19 (Vehicle Modification); and rule 20 (Home Modification). BRS does not consider it necessary to make any changes. Response to Comment (6): The Order of Selection process and service prioritization categories are explained at 460 IAC 14.1-6-1 and 14.1-6-2(a) through 14.1-6-2(b)(1) (Severity Determination and Service Priority), and is the same standard in current rule 460 IAC 14-8 and current rule 460 IAC 14-9, and reflects requirements in 34 CFR 361.36, and 34 CFR 361.5(27), (28) and (29). BRS does not consider it necessary to make any changes. Response to Comment (7): Services to family members are codified in 460 IAC 14.1-16-4; Ongoing supports and personal assistance are clearly defined by referring directly to Federal Regulations at 34 CFR 361.5(c)(37) and (38). 460 IAC 14.1-7-2 provides clarification regarding the limits on vocational rehabilitation services. Many of these limitations are taken directly from the current rule while others bring the rule in alignment with policy that has been in place and will not result in a reduction services. BRS does not consider it necessary to make any changes. Response to Comment (8): Thank you for your comment. BRS does not consider it necessary to make any changes. Shares, Inc.; Joe Land Comments: (1) Joe Land of Shares, Inc., requests that BRS amend 460 IAC 14.1-3-10 regarding the definition of authorization for services. The draft rules state “Authorization for services means the written document that sets for the vocational rehabilitation services, duration of services, and maximum amount the VR program agrees to pay for a VR service”. The commenter points out that authorizations are not on paper, but in a portal. He goes on to state that CRPs should receive written correspondence before an authorization is amended at least 2 days before the changes are to take effect. (2) The commenter suggests that the VR case closure reason 460 IAC 14.1-26-3 should include additional factors including violent behavior, drug and alcohol use, falsifying criminal history or employment history. (3) The commenter recommends that the “vendor agreement” referenced in rule 460 IAC 14.1-27-3(5) should be included in public comments. He also reiterates that BRS should provide 2 days written notice before altering an authorization for VR services. (4) The commenter recommends 460 IAC 14.1-27-3(9) should allow service providers 10 days, instead of 5 days, to respond to a referral, so as not to create an unnecessary administrative burden. In the same comment he indicates that BRS staff need to send complete referral documentation and timely authorizations. (5) Regarding 460 IAC 14.1-27-3(9)(b) (the commenter referred to 4-(9)(b), but it is likely a typographical error), the commenter recommends clarification to outline the process for written notices, ramifications of receiving a notice and potential remedies. (6) The commenter recommends clarifying 460 IAC 14.1-27-4(3) because it is vague, requesting the rule include examples of “false, inaccurate, misleading or unfair” advertisement. (7) The commenter indicates that he is in support rule 460 IAC 14.1-27-5(a)(2) which requires training that meets Association of Community Rehabilitation Educators (ACRE) certified training competencies. (8) Regarding rule 460 IAC 14.1-27-5(a)(3) the commenter questions who will be doing the training and states that CRPs, or as they are referred to in the rule, job related service providers, should be able to decide who will do this training. (9) Referring to rule 460 IAC 14.1-27-5(a)(4) which states that job related service providers will accept all referrals unless there is a conflict of interest or insufficient staff resources, the commenter indicates that job related service providers should also be able to decline a referral if there is a significant history of behaviors, lack of participation or other violations. (10) Referring to rule 460 IAC 14.1-27-5(b)(1) the commenter recommends VR change the rule giving job related service providers 10 days instead of 5 days to notify VR staff if they are unable to serve new referrals due to insufficient staff resources. He goes on to say that this allows staff time to request additional information, discuss the case with the VR Counselor and make adequate provisions for staffing and accommodations. (11) Regarding 460 IAC 14.1-27-5(b)(2) the commenter indicates agreement with VR requiring service providers to notify VR when they cannot accept referrals due to insufficient staff resources but indicates that VR should have to update their system within 5 days when an employment service provider is ready to resume accepting referrals. Response to Comments: BRS would like to thank Joe Land of Shares, Inc for taking the time to review the proposed rule and submitting comments and suggestions. BRS responds as follows: Response to Comment (1): BRS would like to thank Joe Land for this comment and acknowledges that authorizations are now in an electronic format. An electronic document is considered a “written” document.  In 460 IAC 14.1-3-10 BRS is equating written document with electronic documentation as it clearly sets forth, in writing, the vocational rehabilitation services, duration of services and maximum amount the Vocational Rehabilitation program agrees to pay for a vocational rehabilitation service.  The remaining portion of this comment is regarding practice within the VR offices. BRS appreciates your feedback and comments and does not find it necessary to make any changes. Response to Comment (2): 460 IAC 14.1-26-3 lists all the reasons BRS might use to close a vocational rehabilitation case. The commenter is referring to reasons why employment services, a VR service may be terminated by a provider. An employment service provider’s decision to terminate services is not under the purview of these draft rules. Employment services can be terminated while the VR case remains open. BRS does not find it necessary to make any changes. Response to Comment (3): BRS does not find it necessary to make any changes to the rule in response to this comment. The commenter can send suggestions regarding the Vendor Agreement to BRS leadership. The remaining portion of the comment is regarding practices within the VR offices. BRS appreciates your feedback and comments. Response to Comment (4): BRS does not find it necessary to change the requirement to notify the VR program within 5 business days, when the provider will be unable to serve the VR participant.  The rule does not say that the provider must respond to BRS or begin serving the participant within 5 days, it says that the provider must inform VR when they are unable to serve the participants. If a provider is unable to serve a participant, BRS needs this information promptly to ensure that the participant is given other options in a timely manner.  Response to Comment (5): BRS does not find it necessary to further define the process in 460 IAC 14.1-27-3(9)(b) as the written notice, referred to in the rule, will inform the recipient of the action needed to remedy the situation and, as necessary, ramifications of failing to do so.  Response to Comment (6): BRS does not find it necessary to provide examples of “false, inaccurate, misleading or unfair” advertisement.  Response to Comment (7): BRS appreciates support for the required ACRE training for employment service provider staff members. Response to Comment (8): BRS does not find it necessary to change rule 460 IAC 14.1-27-5(3) which states that job related service providers are required to ensure that their staff receive four hours of employment-focused training annually, provided by the VR program. This training would be considered the minimum training, and job-related service providers can arrange for training their own staff as they find it appropriate. Response to Comment (9): BRS does not find it necessary to change rule 460 IAC 14.1-27-5(4) which states that job related service providers are expected to accept referrals unless there is a conflict of interest or there are insufficient staff resources. The VR Counselor, support team, and job-related service provider are able to work together collaboratively to meet the needs of participants. The service provider should raise any concerns they may have with the appropriate area supervisor or region manager, to ensure that the participant is receiving the appropriate supports and services that can best meet his or her needs. Response to Comment (10): BRS does not find it necessary to change the requirement to notify the VR program within 5 business days, when the job-related service provider will be unable to serve the VR participant.  The commenter indicated that 5 days was not enough to “allow time for CRP to request additional collateral, discuss the case with the VR Counselor and make adequate for staffing and any needed accommodations.” The rule does not say that the provider must respond to BRS or begin serving the participant within 5 days, it says that the provider must inform VR when they are unable to serve the participants, due to insufficient staff resources. If a provider is unable to serve a participant, BRS needs this information promptly to ensure that the participant is given other options in a timely manner.  Response to Comment (11): BRS does not find it necessary to add to the language in rule 460 IAC 14.1-27-5(b)(2) but will consider the comment regarding improving the procedures.  The Arc of Indiana; Kim Dodson Comments: (1) Kim Dodson requests that individuals be given 30 days to request a due process hearing, instead of the 15 days in rule 460 IAC 14.1-30-1(c), in order to give individuals adequate time to get the denial notice, gather evidence and find representation. (2) Request to change the timeline in rule 460 IAC 14.1-30-5(b) to request an Administrative Review from 20 days to 30 days. (3) Ensure that Benefits Counseling will be offered and participants with waiver services will not be forced to use their limited waiver budgets to pay for benefits counseling. (4) Ensure that Pre-Employment Transition Services (Pre-ETS) are available to as many transition-age youth as possible, including home-schooled students, by changing “student with a disability” to “youth with a disability” in Rule 460 IAC 14.1-24-2. (5) Clarify rule 460 IAC 14.1-19-2 (8), requesting VR prorate an insurance settlement when determining how much of the insurance settlement should be applied toward the cost of replacement vehicle modifications. Response to Comment (1): Mediations and impartial due process hearings are conducted in accordance with IC 4-21.5-3.5 and managed by the Office of Administrative Law Proceedings (OALP) under the Administrative Orders and Procurement Act (AOPA).  The individual is not required to gather or present evidence or find representation to request a due process hearing. BRS does not consider it necessary to make any changes. Response to Comment (2): Administrative Reviews are conducted in accordance with IC 4-21.5-3-28 and BRS does not consider it necessary to make any changes. Response to Comment (3): CFR 361.45(3) requires VR to provide recipients of title II or XVI general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning. The need for benefits counseling will continue to be reviewed and provided based on the needs of the individual. Response to Comment (4): Rule 460 IAC 14.1-24-2 provides that a “student with a disability may receive at least one of the Pre-employment Transition Services (Pre-ETS) listed in 34 CFR 361.48(a)(2)”. Per federal regulations, a student with a disability is a student with a documented disability, within the eligibility age range, which is 14-23 in Indiana, enrolled in a recognized educational program which includes traditional public or private schools, adult programs with a credential goal and homeschool programs that follow state-recognized curriculum or credentialing pathways. The student can be eligible for pre-employment transition services if they are pursuing a high school diploma, high school equivalency or other recognized secondary credential, or in a homeschool program that is structured and credential oriented (e.g. aligned with state graduation requirements or recognized equivalency). No changes to the rule are necessary. Response to Comment (5): Rule 460 IAC 14.1-19-2 (8) requires VR participants that have previously received a vehicle modification to use an insurance settlement toward the cost of replacing vehicle modifications or if the settlement occurs after VR has provided the replacement vehicle modification, to reimburse VR for the cost of the replacement vehicle modifications. There are no changes required, because as is the current practice, under these circumstances, VR will continue to work with the VR participant and insurance company to determine the portion of the settlement that is attributed to the value of the vehicle modifications to determine how much the VR participant should contribute toward the cost of the replacement vehicle modification and how much VR will contribute. Donald R. Collins The Arc of Shelby County Comment: Donald Collins, on behalf of The Arc of Shelby County, submitted a letter expressing concerns about Indiana’s plan to phase out the funding of individuals who wish to work in Sheltered Workshops, or 14(c) Certificate Holders, where individuals with disabilities can work and earn subminimum wages. Response to Comment: This comment has not been directed at any rule in particular in 460 IAC 14.1. Per federal regulations Vocational Rehabilitation cannot support individuals to pursue Sheltered Employment. In January 2001 federal regulations, published by the Department of Education, redefined “employment outcome” as “full or if appropriate, part-time competitive integrated employment”, at 34 CFR 361.5(c)(15). After a period of transition, Vocational Rehabilitation was prohibited from considering job placement in a sheltered workshop as a successful rehabilitation and BRS has adopted the Employment First framework and shifted to assist all VR participants to achieve competitive integrated employment. BRS finds it unnecessary to make any changes. EXPLANATION OF DIFFERENCES IN PROPOSED RULE The Family and Social Services Administration – Bureau of Rehabilitative Services made the following nine (9) conforming changes to the LSA Document #24-82 proposed rules based on suggested edits from the Legislative Services Agency: PROPOSED RULE Sec. 1. The purpose of this article is to set forth rules for the state-federal vocational rehabilitation program in the state of Indiana, as authorized under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and implementing federal regulations (34 CFR 361 et seq.) to ensure participants are provided with vocational rehabilitation services assisting them in preparing for and engaging in competitive integrated employment so they may achieve increased economic self-sufficiency. Nothing in this article constitutes or shall be construed as requiring a financial obligation on the VR services program. Providing vocational rehabilitation services is based on service availability and availability of funds. Sec. 1. This article applies to persons who: Sec. 2. If a provision of this article is considered to be in conflict with the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or any other federal act or regulation or state statute specifically applicable to the VR program, the other act, regulation, or statute supersedes. Sec. 3. A reference to a provision of the Code of Federal Regulations means the July 1, 2022, edition. These provisions are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Family and Social Services Administration, Office of General Counsel, Indiana Government Center South, Room W451, 402 West Washington Street, Indianapolis, IN 46204. Sec. 1. The definitions in this rule apply throughout this article. Sec. 2. "Administrative review" means the procedure enabling a party dissatisfied with the decision of the impartial hearing officer to seek review of the officer's decision as described in 34 CFR 361.57(g) and the agency review process outlined in IC 4-21.5-3-2. Sec. 3. "Advocate" means a person chosen by the applicant or participant to represent and support their interests. Sec. 4. "Appeal request" means a written and signed request for review of a determination. Sec. 5. "Applicant" has the meaning set forth in 34 CFR 361.5(c)(3). Sec. 6. "Area supervisor" means an individual employed by BRS responsible for the direct supervision of vocational rehabilitation counselors, other staff, and office operations of a vocational rehabilitation office. Sec. 7. "ASE certified mechanic" means an individual certified by the National Institute for Automotive Service Excellence. Sec. 8. "Assessment for determining eligibility and vocational rehabilitation needs" has the meaning set forth in 34 CFR 361.5(c)(5). Sec. 9. "Assistive technology" means a device or service used to increase, maintain, or improve the functional capabilities of an individual with a disability as set forth in 34 CFR 361.5(c)(6)(i). Sec. 10. "Authorization for services" means the written document that sets forth the vocational rehabilitation services, duration of services, and maximum amount the VR program agrees to pay for a vocational rehabilitation service. Sec. 11. "Bureau of rehabilitation services" or "BRS" means the rehabilitation services bureau established by IC 12-12-1-1. Sec. 12. "Business day" means a day other than a Saturday, Sunday, or legal holiday in Indiana. Sec. 13. "Business enterprise program" or "BEP" means the Indiana Randolph-Sheppard Business Enterprise Program established under IC 12-12-5. Sec. 14. "Clear and convincing" has the meaning set forth in the note to 34 CFR 361.42. Sec. 15. "Client assistance program" or "CAP" means the program established by 29 U.S.C. 732, and is administered by Indiana Disability Rights. Sec. 16. "Community rehabilitation program" has the meaning set forth in 34 CFR 361.5(c)(7). Sec. 17. "Comparable services and benefits" has the meaning set forth in 34 CFR 361.5(c)(8). Sec. 18. "Competitive integrated employment" has the meaning set forth in 34 CFR 361.5(c)(9). Sec. 19. "Commuting distance" means the distance within fifty (50) miles round trip of an applicant's or a participant's primary place of residence. Sec. 20. "Customized employment" has the meaning set forth in 34 CFR 361.5(c)(11). Sec. 21. "Determination notice" or "notice" means a written notice informing a person of a decision made by the VR program affecting their ability to receive or provide vocational rehabilitation services. Sec. 22. "Disability" means a physical or mental impairment constituting or resulting in a substantial impediment to employment. Sec. 23. "Division" means the division of disability and rehabilitative services established by IC 12-9-1-1. Sec. 24. "Driver training services" means instruction to teach a participant how to drive a vehicle. Sec. 25. "Employment outcome" has the meaning set forth in 34 CFR 361.5(c)(15). Sec. 26. "Extended employment" has the meaning set forth in 34 CFR 361.5(c)(18). Sec. 27. "Extended services" has the meaning set forth in 34 CFR 361.5(c)(19). Sec. 28. "Family and social services administration" means the office of the secretary of family and social services established by IC 12-8-1.5-1. Sec. 29. "Family member" of a participant or an applicant means, except as defined in 460 IAC 14.1-16-4, an individual who is: Sec. 30. "Financial interest" means: interest in the purchase, sale, lease, contract, or option of goods or services, or an interest involving property or services. Sec. 31. "Functional capacity" means one (1) of the following areas assessed by the VR program to determine whether a physical or mental impairment has serious limitations in terms of an employment outcome: Sec. 32. "Functional limitation" means a restriction or difficulty in one (1) of the functional capacity areas, due to a physical or mental impairment, resulting in an impediment in terms of an employment outcome. Sec. 33. "Guardian" has the meaning set forth in IC 29-3-1-6. Sec. 34. "Home modification services" means assistance with the alteration of a participant's primary residence to remove physical barriers preventing the participant from achieving their employment outcome. Sec. 35. "Impartial due process hearing" means the hearing conducted by an impartial hearing officer regarding an appeal of a determination and held as set forth in 34 CFR 361.57(e), IC 4-21.5-3-25, and IC 4-21.5-3-26. Sec. 36. "Impartial hearing officer" means an individual meeting the requirements set forth in 34 CFR 361.5(c)(24), and presides over an impartial due process hearing and issues a written decision. Sec. 37. "Individual with a disability" has the meaning set forth in 34 CFR 361.5(c)(27). Sec. 38. "Individual with a most significant disability" means an individual with a significant disability who has functional limitations in at least three (3) functional capacities concerning an employment outcome. Sec. 39. "Individual with a significant disability" has the meaning set forth in 34 CFR 361.5(c)(30), or is an individual receiving Social Security benefits due to their disability. For purposes of this definition, an "extended period of time" is a period of at least six (6) months. Sec. 40. "Individualized plan for employment" means a written plan established by the VR program and a participant specifying the participant's employment outcome and the vocational rehabilitation services needed for the participant to achieve the employment outcome. Sec. 41. "Informed choice" means the collaborative decision-making process described in 34 CFR 361.52. Sec. 42. "Job related services" has the meaning set forth in 34 CFR 361.48(b)(12). Sec. 43. "Maintenance", for purposes of supporting services, has the meaning set forth in 34 CFR 361.5(c)(34). Sec. 44. "Ongoing support services" has the meaning set forth in 34 CFR 361.5(c)(37). Sec. 45. "Order of selection" means the process required under 34 CFR 361.36 and used by BRS to determine the priority in which participants are eligible to receive vocational rehabilitation services if BRS has insufficient resources to serve each participant in the state applying for vocational rehabilitation services. Sec. 46. "Participant" has the meaning set forth in 34 CFR 361.5(c)(14). Sec. 47. "Person" has the meaning set forth in IC 12-7-2-137(a). Sec. 48. "Personal assistance services" has the meaning set forth in 34 CFR 361.5(c)(38). Sec. 49. "Physical and mental restoration services" has the meaning set forth in 34 CFR 361.5(c)(39). Sec. 50. "Physical or mental impairment" has the meaning set forth in 34 CFR 361.5(c)(40). Sec. 51. "Post-employment services" has the meaning set forth in 34 CFR 361.5(c)(41). Sec. 52. "Postsecondary training costs" means the costs for tuition, fees, books, tools, and other training materials at a postsecondary training institution or program. Sec. 53. "Postsecondary training services" means assistance with postsecondary training costs necessary for a participant to attend an accredited institution of higher education or other postsecondary training to have the minimum education requirements of their employment outcome identified in their individualized plan for employment. Sec. 54. "Potentially eligible individual" means a student with a disability who: Sec. 55. "Preemployment transition services" has the meaning set forth in 34 CFR 361.5(c)(42). Sec. 56. "Qualified and impartial mediator" has the meaning set forth in 34 CFR 361.5(c)(43). Sec. 57. "Record of services" means the case record created and maintained by the VR program for persons who have been referred for, applied for, or received vocational rehabilitation services from the VR program. Sec. 58. "Rehabilitation technology" has the meaning set forth in 34 CFR 361.5(c)(45). Sec. 59. "Self-employment" means a competitive integrated employment outcome in which a participant owns a business or works for themselves, and whose employment is the participant's primary source of earned income. Sec. 60. "Service priority category" means the priority category assigned under 460 IAC 14.1-6-2. Sec. 61. "Service provider" means any person registered with BRS providing vocational rehabilitation services. Sec. 62. "Services to family members" has the meaning set forth in 34 CFR 361.48(b)(9). Sec. 63. "Student with a disability" means an individual with a disability in a secondary, a postsecondary, or any other recognized education program who is fourteen (14) years of age or has entered grade 9, whichever occurs first, through the end of the school year in which they become twenty-two (22) years of age, and receiving special education or related services under Part B of the Individuals with Disabilities Education Act, or is an individual with a disability as defined in 29 U.S.C. 705(20). Sec. 64. "Substantial impediment to employment" has the meaning set forth in 34 CFR 361.5(c)(52). Sec. 65. "Supported employment" has the meaning set forth in 34 CFR 361.5(c)(53). Sec. 66. "Supported employment services" has the meaning set forth in 34 CFR 361.5(c)(54). Sec. 67. "Supporting services" means auxiliary services provided to an applicant, a participant, or a family member enabling the applicant or participant to access the vocational rehabilitation services necessary to achieve the employment outcome listed in their individualized plan for employment. Sec. 68. "Transition services" has the meaning set forth in 34 CFR 361.5(c)(55). Sec. 69. "Transportation" has the meaning set forth in 34 CFR 361.5(c)(56). Sec. 70. "Trial work experiences" means exploring an applicant or a participant's abilities, capabilities, and capacity to achieve competitive integrated employment conducted as set forth in 34 CFR 361.42(e). Sec. 71. "Vehicle modification services" means assistance with the evaluation, inspection, and modification of a private passenger vehicle. Sec. 72. "Vocational rehabilitation counselor" means a person assigned by the VR program to: Sec. 73. "Vocational rehabilitation program" or "VR program" means the unit within the bureau of rehabilitation services charged with providing vocational rehabilitation services. Sec. 74. "Vocational rehabilitation services" means the goods and services described in 34 CFR 361.48. Sec. 75. "Youth with a disability" has the meaning set forth in 34 CFR 361.5(c)(58)(i). Sec. 76. "Youth with a most significant disability" means an individual with a most significant disability who otherwise meets the age range in 34 CFR 361.5(c)(58)(i). Sec. 1. (a) If an applicant or a participant chooses to involve a third party in their case, including family members or advocates, they must provide written consent for the VR program to disclose information to the third party. (b) An applicant or a participant may withdraw consent for the VR program to involve a third party in their case at any time by providing the VR program notice in writing. Sec. 2. (a) After receiving opportunities to exercise informed choice, an applicant or a participant must provide information necessary for the VR program to determine eligibility for vocational rehabilitation services and identify appropriate vocational rehabilitation services to be added to the individualized plan for employment. (b) An applicant or a participant must cooperate and actively participate in the vocational rehabilitation process by: (c) If an applicant's or a participant's refusal to cooperate or actively participate prevents the VR program from determining their eligibility for or providing vocational rehabilitation services, the refusal may result in a case closure. Sec. 3. (a) An applicant or a participant must provide written consent before the VR program may disclose: (b) An applicant's or a participant's written consent remains valid until: Sec. 4. (a) An applicant or a participant must be notified regarding client assistance program availability, services, and contact information. (b) An applicant or a participant may request assistance from the client assistance program at any time while participating in the vocational rehabilitation process, including when they: Sec. 5. The VR program shall issue an applicant or a participant a determination notice when the VR program makes a decision regarding: Sec. 6. An applicant or a participant may submit a written request to their vocational rehabilitation counselor to amend information in their record of services that they believe is inaccurate. The VR program shall correct any inaccurate information. If information is not corrected, documentation of the request will be included in the record of services. Sec. 1. An individual must apply for vocational rehabilitation services under 34 CFR 361.41(b)(2). Sec. 2. (a) To be eligible for vocational rehabilitation services, an applicant must meet the requirements set forth in 34 CFR 361.42(a). (b) An applicant receiving Social Security Disability Insurance or Supplemental Security Income as a result of their own disability is presumed eligible for vocational rehabilitation services, unless they do not meet the eligibility requirements set forth in 34 CFR 361.42(a)(1). (c) When requested by the VR program, an applicant must undergo evaluations when necessary for the VR program to determine eligibility for vocational rehabilitation services as set forth in 34 CFR 361.42(d). (d) The timeline for an eligibility determination is sixty (60) days from the date of application unless the applicant and the VR program agree to extend the timeline. Sec. 3. The VR program shall follow the requirements in 34 CFR 361.42(e) before determining an individual with a disability is incapable of benefiting from vocational rehabilitation services related to an employment outcome because of the severity of that individual's disability. Sec. 4. A participant is prohibited from having a family member or anyone with whom the participant has a financial interest as their assigned vocational rehabilitation counselor. Sec. 1. Participants are assigned to a service priority category based on an assessment of whether they are an individual with a disability, significant disability, or most significant disability. Sec. 2. (a) When the VR program is under an order of selection as defined in 460 IAC 14.1-3-45, participants will receive vocational rehabilitation services based on their date of application in the following order: (b) An order of selection does not apply to a participant who: Sec. 3. (a) A participant assigned to a service priority category not currently being served by the VR program may still receive specific vocational rehabilitation services or equipment to maintain current employment if the: (b) A participant may not receive services under this section if: (c) The following services are available under this section to address job retention needs directly related to the physical or mental impairments considered during the eligibility and severity determination: (d) A participant may receive only those services under this section required to maintain their current employment and identified in their individualized plan for employment. (e) A participant's services under this section are terminated if the participant loses their employment. The participant will return to the previously assigned service priority category based on the date of application under section 2 of this rule. (f) A participant's case is closed as successful under 34 CFR 361.56 after receiving the vocational rehabilitation services or equipment to maintain current employment and satisfy the requirements set forth in 460 IAC 14.1-26-2. Sec. 1. Applicants, participants, and potentially eligible individuals meeting the criteria set forth in this article may receive at least one (1) of the vocational rehabilitation services described in 34 CFR 361.48. Sec. 2. The following are excluded from the scope of vocational rehabilitation services: Sec. 3. (a) An applicant or a participant may choose vocational rehabilitation services for which they are eligible, or a service provider that meets the participant's vocational rehabilitation needs. (b) Assistance with vocational rehabilitation services may not exceed the lesser of the amount of the least costly vocational rehabilitation service or the rate set by the VR program, unless an exception is granted in writing by the VR program under 460 IAC 14.1-8-1. (c) Except as otherwise provided in this article, assistance with physical and mental restoration services, including devices and equipment, may not exceed the published standard Indiana Medicaid rate, unless an exception is granted in writing under 460 IAC 14.1-8-1. (d) If a participant chooses a more costly vocational rehabilitation service, good, or service provider than the least cost required to meet their vocational rehabilitation needs, the participant is responsible for the additional cost. Sec. 4. (a) A participant must: (b) If a participant does not use available comparable services or benefits, the participant is responsible for the cost of the service or good up to the amount of the available comparable service and benefit. (c) If a comparable service or benefit is not available at the time needed, a participant shall receive the vocational rehabilitation service that would have been provided as a comparable service or benefit from the VR program until the comparable service or benefit becomes available. (d) Vocational rehabilitation services listed in 34 CFR 361.53(b) are excluded from the comparable services and benefits requirement. Sec. 5. (a) As set forth in 34 CFR 361.45(d), a participant must have written authorization from the VR program, and the goods or services must be included on their individualized plan for employment before receiving assistance with any vocational rehabilitation goods or services. (b) A participant is responsible for the cost of goods or services received without the written authorization of the VR program. Sec. 6. (a) An applicant or a participant must select a service provider registered with BRS. (b) An applicant or a participant may request a change in their service provider by notifying the VR program. Sec. 1. (a) As set forth in 34 CFR 361.50, a participant may request an exception to time limits on services or financial assistance limits. (b) A participant may submit a request in writing for an exception when informed of a financial limitation or time limit. (c) A participant's exception request is granted if the area supervisor of their local vocational rehabilitation office determines the request for an exception is relevant and necessary to meet the vocational rehabilitation needs of the participant and not otherwise inconsistent with the law. (d) A participant shall receive a determination notice from the VR program regarding their request for an exception. A participant dissatisfied with the determination regarding their exception request may request an impartial due process hearing. (e) A participant may not request an exception to eligibility requirements for a vocational rehabilitation service, but may request an impartial due process hearing. Sec. 1. (a) As set forth in 34 CFR 361.45(d)(3), a participant may receive the services listed on their individualized plan for employment once the plan is: (b) At least annually, a participant must meet with their vocational rehabilitation counselor to review their individualized plan for employment. (c) A participant must amend their individualized plan for employment: (d) Amendments to an individualized plan for employment take effect when: Sec. 2. (a) A participant's individualized plan for employment must meet the requirements set forth in 34 CFR 361.46(a)(1). (b) Under 34 CFR 361.56(b), employment not maintained for at least ninety (90) days cannot result in a successful rehabilitation, and therefore cannot be selected as an employment outcome. Sec. 1. An individual who has achieved an employment outcome qualifies for post-employment services required to maintain, regain, or advance in employment as set forth in 34 CFR 361.5(c)(41). Sec. 1. (a) A participant may receive driver training services if: (b) A participant must: (c) A participant must provide the VR program proof of a valid driver's license or driver's permit to receive driver training services. (d) A participant may not receive driver training services if the: (e) A participant previously found ineligible under subsection (d) must provide the VR program with evidence documenting a substantive change in circumstance before they can be reevaluated for driver training services. Sec. 1. The following definitions apply throughout this rule: Sec. 2. (a) A participant may receive technical assistance and consultation services, as described in 34 CFR 361.48(b)(19), to: (b) A participant pursuing self-employment must develop a written business plan to submit to the VR program demonstrating the business will be profitable and self-sustaining. (c) The business plan must minimally include: (d) A participant must present their business plan to the small business review committee for review for evidence that the financial projections are correct and factually based, any marketing strategies appear strategically sound, and the business will be self-sustaining after vocational rehabilitation has provided the identified and agreed upon services in the business plan. (e) After presenting to the small business review committee, a participant shall receive a determination notice from the VR program explaining whether their business plan is approved as follows: Sec. 3. (a) A participant may receive assistance with agreed upon start-up costs identified in their approved business plan. (b) A participant with a business partner may receive assistance with start-up costs proportionate to the percentage of the business owned by the participant. A participant with a business partner must provide the VR program with a copy of the business partner agreement and documentation of both their financial contribution and their partner's financial contribution toward start-up costs. (c) A participant is responsible for: (d) An amount not exceeding thirty thousand dollars ($30,000) in assistance is available for start-up costs identified in a participant's approved business plan and individualized plan for employment, unless an exception is granted under 460 IAC 14.1-8. (e) A participant must provide the VR program with a current profit and loss statement on a monthly basis. (f) A participant is responsible for expenses occurring during an initial start-up period not included in their approved business plan. (g) A participant may submit a written request for approval by the VR program for assistance with start-up costs that have changed due to an unforeseen circumstance after their business plan was approved. (h) A start-up period may not exceed twenty-four (24) months unless an exception is granted under 460 IAC 14.1-8. Sec. 4. (a) The following are not allowable as self-employment outcomes: (b) The following small business expenses are not eligible for reimbursement by the VR program: Sec. 5. A participant has achieved their employment outcome once the revenues generated by the participant's business equals or exceeds its ongoing operating costs for at least ninety (90) days after the end of the start-up period. A participant's achievement of their employment outcome results in case closure. Sec. 1. (a) To be referred to the BEP, a participant must: (b) A participant not meeting the criteria set forth in subsection (a)(1) must participate in any remediation recommended by the VR program allowing them to meet the minimum skills necessary to complete BEP training. (c) A participant finishing the BEP training program may receive assistance with training necessary to bid on and manage a vending facility. (d) A participant may pursue an employment outcome other than BEP licensed manager if, for any reason, the participant is unable to become a licensed manager. (e) A participant may continue to have BEP licensed manager as an employment outcome until BEP training or a vending facility is available. Sec. 1. (a) An individual with a most significant disability may receive supported employment services if: (b) Supported employment services, including ongoing support services, are available to a participant for not more than twenty-four (24) months, unless the participant and the VR program agree to extend the time to achieve the employment outcome identified in the participant's individualized plan for employment. Sec. 2. (a) A youth with a most significant disability may receive extended services for not more than four (4) years or until the youth becomes twenty-five (25) years of age, whichever occurs first. (b) An individual with a most significant disability maintaining employment for at least ninety (90) days in the competitive integrated employment outcome outlined in their individualized plan for employment may receive assistance from the VR program coordinating extended services from another entity, including a state agency, a private nonprofit organization, an employer, or any other appropriate resource. Sec. 1. (a) A participant may receive physical and mental restoration services when: (b) Physical and mental restoration services must be prescribed by a person that: (c) A participant must undergo an evaluation by a provider of physical and mental restoration services if the VR program needs additional information to evaluate whether physical and mental restoration services are necessary for the participant to achieve an employment outcome. (d) Before receiving assistance from the VR program for physical and mental restoration services, a participant must use available comparable services and benefits unless it would cause a delay as indicated in 460 IAC 14.1-7-4(a)(2). (e) Assistance with physical and mental restoration services, including devices and equipment, may not exceed the published standard Indiana Medicaid rate, unless an exception is granted in writing under 460 IAC 14.1-8-1. Sec. 2. (a) A participant is responsible for: (b) A participant may receive assistance with the replacement of devices or equipment provided as physical and mental restoration services no longer meeting the vocational rehabilitation needs of the participant. (c) A participant may receive assistance with the replacement of devices or equipment provided as physical and mental restoration services if the repairs are required to access and participate in vocational rehabilitation services or for job retention. Sec. 3. (a) A participant must: (b) A participant is responsible for rescheduling any service appointment under their service provider's cancellation policies. Sec. 4. A participant may receive assistance for the cost of getting a second or an additional opinion if the VR program determines a second or an additional opinion is required to determine whether physical and mental restoration services are necessary for achieving an employment outcome. Sec. 5. (a) A participant may receive assistance with physical and mental restoration services consisting of multiple treatments or sessions if: (b) Services consisting of multiple treatments or sessions may be terminated if medical documentation from a licensed medical or mental health care provider indicates: Sec. 1. (a) An applicant or a participant may receive supporting services described in this rule if they require a supporting service to: (b) An applicant or a participant may receive assistance with the increased costs associated with supporting services incurred while receiving vocational rehabilitation services if comparable services and benefits are not available. Sec. 2. (a) An applicant or a participant may receive assistance with transportation, including mileage reimbursement and public or private fares for: (b) A participant is responsible for the: Sec. 3. (a) An applicant or a participant may receive assistance with increased costs directly related to participating in an assessment, evaluation, or in support of other vocational rehabilitation services on the individualized plan for employment, including: (b) A participant is responsible for ongoing costs related to maintaining employment. Sec. 4. (a) A participant's family member, as described in 34 CFR 361.5(c)(22), may receive: if those services are necessary for the participant to participate in or benefit from another vocational rehabilitation service. (b) A participant providing for the physical, emotional, and social needs of a family member who cannot provide for their own needs may receive assistance with needed child or elder care, or care of an adult with a disability, while receiving vocational rehabilitation services. Sec. 1. (a) A participant may receive hearing aids and assistive listening devices if they are unable to achieve an employment outcome due to their hearing loss and have: (b) To receive assistance with hearing aids and assistive listening devices, a participant must have documentation of: (c) A participant must undergo recommended evaluations for purposes of determining eligibility for or evaluating the need for a hearing aid or an assistive listening device. (d) A participant may receive assistance with the purchase of the following: Sec. 2. (a) A participant is responsible for the: (b) A participant may receive assistance with replacement of a hearing aid or an assistive listening device if the hearing aid or assistive listening device no longer meets the vocational needs of the participant. Sec. 1. (a) A participant may receive postsecondary training services if the participant needs: to have the minimum education or training required to achieve the employment outcome listed in their individualized plan for employment. (b) A participant may receive assistance with a graduate degree if a graduate degree is the minimum qualification required to achieve the employment outcome listed in the participant's individualized plan for employment. (c) To receive postsecondary training services, a participant must submit the following to their vocational rehabilitation counselor: (d) To remain eligible for postsecondary training services, a participant must meet the following requirements: (e) A participant must submit the documentation required by this section not later than one (1) month before the first day of classes in the upcoming academic term, unless they notify the VR program of circumstances beyond their control that would prevent them from providing the documentation. A participant who does not provide documentation or notify the VR program why the information cannot be provided will not receive postsecondary training services for the upcoming academic term. (f) A participant shall not receive financial assistance for postsecondary training services at a postsecondary training institution that is not eligible to participate in federal financial aid due to loss of accreditation under 34 CFR 600.7. Sec. 2. (a) A participant not pursuing an associate, a bachelor's, or a graduate degree may receive financial assistance with the lesser of: minus any available comparable benefits or services, scholarships, or grants. (b) A participant pursuing an associate, a bachelor's, or a graduate degree may receive financial assistance in an amount not exceeding the lesser of: minus the participant's available financial resources. (c) A participant described in subsection (b) may receive financial assistance with: (d) A participant described in subsection (b) shall have their available financial resources considered when the VR program determines the amount of postsecondary training services they may receive. A participant's available financial resources are the participant's comparable services and benefits, scholarships, grants, and financial aid. (e) A participant is responsible for expenses exceeding the financial assistance provided by the VR program. (f) A participant is not required to apply for or accept student loans or accept work study student aid as a condition for receiving assistance with postsecondary training services, nor will they reduce VR financial assistance for postsecondary training under this rule. (g) A participant is not required to apply for or accept merit scholarships. If a participant accepts a merit scholarship that reduces the amount owed for postsecondary training costs supported by VR, it may reduce the amount of assistance provided by the VR program. (h) If a participant or their postsecondary training institution receives an overpayment due to providing postsecondary training services, the participant's financial assistance for the next academic term is reduced by the amount of the overpayment. Sec. 3. (a) A participant described in section 2 of this rule may request an exception under 460 IAC 14.1-8-1 to the application of financial assistance or program completion time limits for postsecondary training services under section 1 of this rule. (b) If a participant qualifies for an exception under section 1 of this rule to applying the financial assistance limits for postsecondary training services, they may receive assistance with the cost at the postsecondary training institution where they are enrolled, minus the amount of available financial resources. (c) An exception to applying the financial assistance limits for postsecondary training services remains in effect for one (1) academic year. An exception may be extended by the area supervisor for subsequent academic terms, as long as a participant continues to meet the requirements set forth in section 1(d) of this rule. Sec. 4. To remain eligible for postsecondary training services, a participant must: Sec. 5. (a) A participant must contact their vocational rehabilitation counselor before: (b) A participant: is responsible for any costs associated with the unauthorized change. (c) A participant is responsible for paying for required courses they have to repeat, except when: (d) A participant withdrawing from or repeating a course due to medical or disability related reasons must provide the VR program with documentation from a medical provider. Sec. 6. A participant may receive assistance with remedial course work if: Sec. 1. (a) A participant may receive vehicle modification services if: (b) Before receiving vehicle modification services or repair and replacement of vehicle modification, a participant must: (c) A participant is not required to undergo a driver evaluation if the participant: (d) A participant must make a vehicle to be modified available for inspection from a service provider, which is an ASE certified mechanic, before the provided vehicle modification services of a vehicle: (e) A participant must complete any vehicle repairs identified by the VR program based on a premodification vehicle inspection before vehicle modification services begin. Sec. 2. Participants receiving vehicle modification services must: Sec. 3. (a) A participant who previously received vehicle modification services may receive assistance with an additional vehicle modification of a vehicle determined as fit for vehicle modification, based on a premodification vehicle inspection, if their current vehicle modification no longer meets their vocational rehabilitation needs due to a substantial change in their functional limitations. (b) If a participant previously received vehicle modification services and has not had a substantial change in their functional limitations, they may receive assistance with the full cost of a vehicle modification if: (c) If a participant previously received vehicle modification services and has not had a substantial change in their functional limitations, they may receive assistance with fifty percent (50%) of the cost of a vehicle modification if: (d) Subsection (c) does not apply to participants eligible for Social Security Disability Insurance or Supplemental Security Income benefits. (e) A participant may request an exception to limitations for subsequent modification under 460 IAC 14.1-8-1. Sec. 4. (a) Vehicle modifications must meet the National Mobility Equipment Dealers Association guidelines. (b) The following do not qualify as or for vehicle modification services: Sec. 1. (a) A participant may receive home modification under rehabilitation technology services if: (b) Before receiving home modification services, a participant must: Sec. 2. (a) A participant meeting the criteria for home modifications services may receive assistance with at least one (1) of the following: (b) Home modifications must be the minimum necessary to enable a participant to achieve their employment outcome, and constructed using standard quality and contractor grade materials approved by the VR program. Sec. 3. (a) Before and during home modification services, a participant is responsible for: (b) After a home modification is finished, it is a participant's responsibility to: Sec. 4. Once a home modification is finished, a participant must: for an inspection. Sec. 5. (a) A participant's home modification services are discontinued if the participant no longer has an open case with the VR program. (b) A participant whose home modification is discontinued is responsible for: Sec. 6. (a) The following are not eligible for purchase or reimbursement as home modification services: (b) A participant is eligible to receive home modification services once every ten (10) years, unless the home modification provided by the VR program no longer meets the participant's vocational rehabilitation needs due to changes in the participant's functional limitations, or an exception is granted in writing by the VR program under 460 IAC 14.1-8-1. (b) A participant may receive assistance with receiving an occupational license or certification required by state or local government regulations for immediate placement or vocational training. This assistance does not include occupational license fees required to maintain a license or certification, such as periodic or annual license renewal. Sec. 1. (a) Except as set forth in subsections (b) and (c): (b) Occupational tools, equipment, medical and assistive technology devices, and other tangible goods become the property of the participant immediately after receiving the item if it is: (c) Tools, equipment, and adaptive devices purchased by the VR program specifically for operating the BEP vending site shall be the property of the BEP at the time of purchase. Sec. 2. A participant is responsible for the: Sec. 3. A participant must agree in writing: Sec. 1. A person must be a student or youth with a disability to receive transition services. Sec. 2. A student or youth with a disability may receive any of the services set forth in 34 CFR 361.49(a)(7). Sec. 1. To receive preemployment transition services, a person must: Sec. 2. A student with a disability may receive at least one (1) of the preemployment transition services listed in 34 CFR 361.48(a)(2), in either an individual or a group setting. Sec. 1. (a) To be reimbursed for services by the VR program, a participant must: (b) A participant shall not receive prepayment for a vocational rehabilitation service or reimbursement before receiving the vocational rehabilitation service. Sec. 1. An applicant's failure to participate in or inability to complete an assessment for determining eligibility or a service priority category results in case closure without an eligibility determination under 34 CFR 361.44. Sec. 2. A participant has achieved their employment outcome and their case is closed under 34 CFR 361.56 after a participant: Sec. 3. The following actions by an applicant or a participant constitute grounds for case closure: Sec. 1. (a) To apply to become a registered service provider, a person must: (b) A person disbarred or suspended from providing services by any state, local, or federal department or agency is ineligible to register as a service provider. (c) A service provider's registration is valid for one (1) year from the date the registration is approved by the VR program. (d) A service provider must update their registration: Sec. 2. (a) To withdraw as a service provider, a person must provide a written notice at least sixty (60) days before the withdrawal to the VR program. (b) A person withdrawing as a service provider must: (c) A person failing to comply with this section is not eligible to reapply to become a service provider for three hundred sixty-five (365) days from the date of termination. Sec. 3. (a) A service provider shall: (b) A service provider failing to comply with any provision of this section shall receive written notice informing them of the failure and the action needed to remedy the situation. Sec. 4. A service provider shall not: Sec. 5. (a) Service providers of job related services, including community rehabilitation program providers, shall: (b) If a service provider cannot accept new participants due to insufficient staff resources: Sec. 6. Vehicle modification service providers must meet the standard set forth in IC 9-32-11-2.5(c)(2). Sec. 7. (a) To become a registered home modification services provider, a person must provide a copy of their insurance certificate with at least one million dollars ($1,000,000) in general liability insurance coverage. (b) Home modification services providers must: (c) To become a registered home modification evaluation provider, a person must be a certified aging-in-place specialist. Sec. 8. Providers of interpreter services must provide the VR program written documentation that they meet one (1) of the criteria in 460 IAC 2-3-3(a)(1) through 460 IAC 2-3-3(a)(5). Sec. 9. Providers of physical and mental restoration services must provide the VR program documentation that they have the license, certification, registration, or permit necessary to practice in their industry in Indiana. Sec. 10. Driver rehabilitation specialists must be certified by the Association for Driver Rehabilitation Specialists. Sec. 11. (a) A service provider is terminated if they: (b) Except as provided in subsection (a)(1), a service provider previously terminated under this section is terminated if they receive notice of a failure to comply with any provision of this article. (c) An individual terminated under subsection (a)(1) may reapply to become a service provider under the following schedule: (d) An individual terminated under subsection (a)(2) may not reapply to become a service provider until they provide documentation from a federal, state, or local agency that they have remedied the reason for being disbarred or suspended. (e) An individual terminated under subsection (a)(3) may not reapply to become a service provider. (f) An individual who disagrees with their termination may request an impartial due process hearing under IC 4-21.5-3. Sec. 1. (a) A service provider may not receive payment for vocational rehabilitation services before providing the service. (b) To receive payment for providing vocational rehabilitation services, a service provider must: (c) Claims for payment or waiver requests submitted more than ninety (90) days from the date of service are untimely. (d) Untimely claims for payment are denied, and a service provider may not receive payment for untimely claims unless a waiver to the deadline to submit claims has been granted. (e) A waiver request must be submitted to the VR counselor serving the applicant or participant for whom a claim is being filed. (f) A waiver is granted if: (g) A service provider may correct and resubmit a claim denied for payment by the VR program. A service provider must resubmit the claim within ten (10) days from the date of denial. (h) A service provider is reimbursed for providing vocational rehabilitation services under the participant's authorization for services at the least cost of the vocational rehabilitation services or the published rate set by the VR program. (i) A service provider is prohibited from receiving reimbursement from the VR program for services not included in a participant's authorization for services. (j) A service provider whose claim was denied may request an impartial due process hearing. Sec. 2. A participant or service provider shall reimburse the VR program within sixty (60) days of receiving notice of an overpayment on a claim. Sec. 1. (a) An applicant or a participant may request informal resolution if dissatisfied with a determination or other action taken by the VR program affecting receiving services. (b) An applicant or a participant may make a request for informal supervisory review either orally or in writing to their assigned counselor. The counselor's decision shall be reviewed by the counselor's supervisor to determine whether the same decision would be made based on the information provided and the requirements of this rule. (c) An applicant or a participant retains their right to formal resolution through an impartial due process hearing while seeking informal resolution under this section. (d) An applicant or a participant will be notified whether the counselor’s decision is affirmed, reversed, or modified within ten (10) business days of their request for informal supervisory review. Sec. 1. (a) A person dissatisfied with their determination from the VR program may request an impartial due process hearing. (b) To request an impartial due process hearing, a person must submit their appeal request in writing to their local vocational rehabilitation office by mail, electronic facsimile, electronic mail, or in-person delivery. An appeal request must include: (c) An appeal request must be received by the person's local vocational rehabilitation office by 4:30 p.m., within fifteen (15) days after the person is given notice of the determination in accordance with IC 4-21.5-3-7(a)(3)(A). (d) A person may withdraw their request for an impartial due process hearing or mediation, at any time, by notifying the VR program in writing of their intent to withdraw. (e) A person may be represented at an impartial due process hearing, at their own expense, by counsel or any other advocate of their choice. Sec. 2. A person requesting an impartial due process hearing shall have their request assigned to an impartial hearing officer. The same individual will not be assigned as mediator and impartial hearing officer in the same case. Sec. 3. (a) An applicant or a participant wishing to pursue mediation must submit a written request for mediation with a request for an impartial due process hearing. (b) If both parties agree to mediation, a qualified and impartial mediator shall conduct the mediation under IC 4-21.5-3.5, but mediation may be terminated at any time by either party or the qualified and impartial mediator. (c) If both parties do not agree to mediation or if mediation is terminated, the parties shall proceed to an impartial due process hearing. Sec. 4. (a) A person shall receive an impartial due process hearing not later than sixty (60) days after the VR program receives the written appeal request, unless: (b) Within thirty (30) days after an impartial due process hearing is finished, the applicant or participant shall receive a written report of the findings and grounds for the decision from the impartial hearing officer. Sec. 5. (a) Except as provided in subsections (b) and (d), a person dissatisfied with the outcome of an impartial due process hearing may request administrative review conducted under IC 4-21.5-3-28. (b) A person may request administrative review by submitting a written and signed request to the director of the division within twenty (20) days of the mailing of the impartial hearing officer's decision. The director of the division may not delegate their authority for making a final decision to any other office or employee. (c) A person may submit additional evidence concerning an issue under administrative review under instructions issued by the director of the division. (d) A person requesting administrative review will receive a written decision within thirty (30) days from the date of the request. (e) The decision of the director of the division is final and must be followed unless the decision is overturned by a court. Sec. 6. A party dissatisfied with the decision of the director of the division may bring a civil action in any state court under IC 4-21.5-5 or a United States district court of competent jurisdiction under 34 CFR 361.57, without regard to the amount in controversy. LSA Document #24-082 Notice of First Public Comment Period: March 20, 2024 One Year Requirement: November 27, 2024 Last Hearing Held: August 4, 2025 Approved by Attorney General: October 1, 2025 Approved by Governor: October 9, 2025 Filed with Publisher: October 15, 2025, 12:55 p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Shanida Sharp-Byrnes, Director of Policy and Due Process, Division of Disability and Rehabilitative Services, Indiana Government Center South, 402 West Washington Street, Room W543, Indianapolis, IN 46204, (317) 232-2764, Shanida.Sharp-Byrnes@fssa.in.gov