in-20250702-IR-460240082SNA: The Family and Social Services Administration (FSSA) Division of Disability and Rehabilitative Services (DDRS) is soliciting public comment on adding rules at 460 IAC 14.1, and repealing rules at 460 IAC 14, concerning the vocational rehabilitation services program. DDRS seeks comment on the affected citations listed and any other provisions of Title 460 that may be affected by this rulemaking.

Notice of Second Public Comment Period LSA Document #24-82 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: 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. Inaccurate information shall be corrected by the VR program. 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 shall 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: (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: (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 shall 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: (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: (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 take 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 these rules. (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: (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: 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. Sec 1. (a) A participant may receive occupational tools and equipment whenever the participant needs tools and equipment to achieve the employment outcome identified in their individualized plan for employment. (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 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 shall be notified whether the 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 shall 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.