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State of New Mexico | Division of Vocational Rehabilitation | Rehabilitation Services
Manual of Operating Procedures (MOP)

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09 Service Status / Scope of Services

Revised: 08/03

09-02 Scope of Services

The following services will be available to all applicants and eligible individuals and provided based on the need for the service in order to achieve the employment goal:

  1. Assessment for determining eligibility for services in accordance with Eligibility, Trial Work and Extended Evaluation requirements.

  2. Assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology.

  3. Referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies.

  4. Interpreter services, including sign language and oral interpreter services, by qualified personnel for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind

  5. Rehabilitation teaching services and orientation and mobility services for individuals who are blind.

  6. Reader Services for individuals who are blind or cognitively impaired.

  7. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.

  8. Post-employment services.

  9. Other goods and services determined necessary for the individual with a disability to achieve an employment outcome, including but not limited to, items discussed in detail in the following sections.

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09-02-01 Computer Purchases

Under certain circumstances a computer and/or computer equipment may be purchased for participants when it is the most appropriate means of meeting training or employment needs.

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09-02-01-01 Scope

The purchase of a computer must meet at least one of the following conditions:

  1. In the case of a self-employment plan, the computer and/or computer equipment is necessary for the operation of the business.

  2. Required of all students in a training program and is verified by the instructor/school officials, and access to a computer cannot be addressed through the existing computer lab or similar resources offered by the school.

  3. Necessary for reasonable accommodation for employment or in a training program when not covered by the employer or educational program.

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09-02-01-02 Guidelines

  1. In some instances, a word processor may meet the needs of the participant and should be considered prior to the purchase f a computer. If the need is for word processing documents such as in a post secondary school setting, a word processor shall be provided rather than a computer.

  2. The financial needs test must be applied for computer purchases in accordance with the Financial Participation Section.

  3. Comparable services and benefits shall be explored and utilized prior to the purchase of a computer by the agency in accordance with the Financial Participation Section. Some examples of comparable services and benefits include the following:

    • programs that have computers available for loan

    • availability of computers at training facilities such as computer labs and libraries

    • service providers who have computer labs available for participant use

    • availability of agency computer equipment which can be utilized by participants

    • if a computer is needed for a short time, the rental of the equipment or utilizing pay per hour arrangement (such as Kinko's) may be appropriate

  4. Use of Comparable Services and Benefits cannot be required when the computer is purchased as an assistive technology device.

  5. Computers are purchased only for eligible individuals with clear justification in the IPE documenting the connection between the computer and/or computer equipment to the desired employment outcome.

  6. The counselor/team shall assess the purpose of the computer and obtain consultation by someone with expertise in the subject area such as an employer or other businesses utilizing the same or similar equipment, to determine computer capabilities, software, hardware/ peripherals and equipment modification needs.

  7. In situations where a consultant cannot easily be obtained, the counselor may authorize for the service. An on-site visit by the counselor/team may be made to assist in determining needs. In determining the capacity of the equipment needed, the counselor/team shall consider current minimum needs unless the severity of the disability will require a more powerful computer package in the future. Consideration shall be the minimum required by present day standards.

  8. For individuals who require specialized adaptations to the computer equipment, an evaluation may be obtained through an evaluator or rehabilitation engineer who specializes in computer aided adaptive equipment.

  9. Computer purchases will only be considered if the participant is able to take responsibility for the maintenance, replacement and upgrade of the equipment and software.

  10. Counselors may consider assisting with upgrades for purchased computer systems if the additional equipment or upgrade is needed due to a change or progression of the disabling condition.

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09-02-02 Guidance and Counseling

Provision of quality guidance and counseling remains a fundamental aspect of the VR program and a key element in the successful rehabilitation of individuals with disabilities. In all cases, guidance and counseling service needs should be considered and these services may be all that is required to return the participant to work. All counseling sessions held with an applicant or eligible participant shall be documented in a case note.

Counseling is generally provided to provide information related to:

  1. the disability and functional limitations

  2. availability of training, medical or other resources

  3. obtaining comparable benefits

  4. occupational requirements, job market trends, available openings, other vocational topics

  5. agency policies/procedures related to the rehabilitation process

  6. information regarding service providers and service options to facilitate participant choice

  7. assist participants with vocational and psychosocial adjustment to the disability

  8. provide support, coordination or assistance in obtaining needed services.

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09-02-03 Maintenance

Maintenance is financial support provided to an applicant or eligible participant for expenses related to subsistence, such as shelter, utilities, food and personal items that are in excess of the normal expenses of the individual and that are necessary for participation in the assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an Individualized Plan for Employment (IPE). Maintenance is provided only to enable the individual to participate in an derive full benefit from other VR services.

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09-02-03-01 Limitations

Maintenance is not:

  1. intended as a means for increasing the participant's standard of living;

  2. to be used as a means to pay for any previous or current expenses incurred by the participant or family member - other than those extra costs of subsistence required by the applicant or eligible individual to participate in the rehabilitation process;

  3. to be provided during periods in which the IPE or other services are interrupted, such as summer vacations from school or while waiting for a VR program to begin; or

  4. intended to cover luxury items.

    NOTE: Under no circumstances should DVR attempt to resolve a participant's debt or financial difficulties (e.g., making bank payments, installments on furniture or credit cards, etc.) through maintenance payments.

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09-02-03-02 Guidelines

  1. Maintenance can be considered to cover a participants subsistence costs which are above and beyond their normal subsistence costs and are a direct result of participating in the assessment for eligibility of VR services or planned services in an approved IPE.

  2. The financial needs test must be applied in accordance with the Financial Participation Section of this manual when providing maintenance services.

  3. Comparable Services and Benefits should be fully considered when providing any maintenance according to the Financial Participation Section of this manual. The following Comparable Services and Benefits must be applied prior to providing maintenance. In cases where the Participant is ineligible for the following services, documentation to that effect must be included in the case notes prior to providing maintenance.

    Comparable Service Required:

    1. Rent or housing subsidy

      • TANF, General Assistance

      • SSI/SSDI

      • Workers Compensation

      • City, County, HUD or other housing subsistence

    2. Utilities

      • Same as above to offset housing expense

      • City, County or State utility subsidies

    3. Food

      • Food Stamps

      • Commodities

    4. Room and board while enrolled in an academic program

      • Student federal financial aid

    NOTE: It is important to review the case periodically to assess whether maintenance should by provided; or in instances when it is being provided over an extended period of time, assessment should be made about the appropriateness for continued maintenance assistance as well as changes in financial need.

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09-02-03-03 Income Support Division (ISD)

Because maintenance is a subsistence payment, ISD will reduce TANF and/or General Assistance by an amount equal to the amount of DVR maintenance provided. Therefore, if a participant is receiving TANF or General Assistance it is not necessary to provide maintenance.

ISD excludes the following DVR payments in determining the participant's financial assistance eligibility and payment:

  • transportation;

  • medical, psychological or other therapeutic services;

  • equipment, tools or stock;

  • dependent care;

  • training related costs; and

  • other goods and services authorized directly to a vendor

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09-02-03-04 Relocation Expenses

Relocation expenses in connection with job placement that is a significant distance from the participant's current residence can be provided when the following conditions are met:

  • the move is necessary to achieve the participant's employment goal;

  • job security has been established; and

  • there is significant distance from the eligible individual's current residence and job site.

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09-02-04 Miscellaneous Goods and Equipment

09-02-04-01 Definitions

09-02-04-01-01 Equipment

Mechanical items such as calculators, power tools, hand tools, etc.

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09-02-04-01-02 Goods

Tangible commodities such as supplies, clothes, books, furniture, stock, etc.

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09-02-04-02 Self-Employment Equipment and Supplies

Miscellaneous goods and equipment can be purchased for an eligible participant to assist in securing, maintaining or regaining an employment outcome. Comparable services and benefits as well as the financial needs test must be applied in accordance with the Participant Financial Participation Section. Following is a list of various equipment and goods:

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09-02-04-02-01 Placement Tools

Basic tools customarily required for a worker to perform on the job and normally provided by the employee as a prerequisite to work in the field. The counselor is responsible for obtaining consultation concerning the basic tool requirements for a particular job.

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09-02-04-02-02 Special Tools

Tools over and above the basic tools normally required and may be provided if needed to improve the participant's job functioning in light of the disability.

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09-02-04-02-03 Training Tools

The basic tools required to successfully complete a training program may be provided.

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09-02-04-02-04 Special Adaptive Equipment

A participant may be provided special adaptive equipment if required as a reasonable accommodation at the job site. Adaptive equipment may also be provided if necessary to enable the participant to participate in his/her rehabilitation program.

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09-02-04-02-05 Shelters

A permanent structure may not be purchased under any circumstances. A portable, easily dismantled shelter, i.e. storage unit and utility shed, may be provided to house a self-employment venture.

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09-02-04-02-06 Initial Stock

Stock and supplies, including "startup" inventory of merchandise or goods for resale may be provided to participants entering self-employment. The amount of items purchased should be adequate to ensure a gross profit margin that will allow for replenishment of stock without further DVR support.

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09-02-04-02-07 Livestock

Livestock necessary for the establishment of a base stock, or animals for a farming or agricultural self-employment venture may be provided as well as initial supplies of seed, fertilizer, feed, etc.

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09-02-04-02-08 Supplies

Stationery, pens, forms and other expendable items necessary for the day-to-day operation of a small business enterprise may be provided.

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09-02-04-02-09 Land

Land may not be purchased under any circumstances.

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09-02-04-02-10 Equipment

Appliances, apparatus, machine, fixture or furniture may be provided when required by a participant to enter employment or self-employment.

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09-02-05 Occupational Licenses

Occupational Licenses are any license, certificate, permit or other written governmental authorization prerequisite to entering an occupation or small business enterprise, and may be sponsored by DVR to eligible participants. Examples of Occupational Licenses include:

  • Chauffeur's license for employment as a cab driver, bus driver, etc.

  • Barber or beauty operator, food service, realtor, or other trade licenses

  • Business licenses to operate a small business enterprise

  • Certification, licensure or registration for the practice of a profession such as nursing, mental health counseling, teacher, massage therapy, psychology, law, etc.

Services in support of obtaining an Occupational License may include, but are not limited to:

  • Licensure/certification/permit fees

  • Transportation/lodging necessary to obtain the license

  • Short-term training or study courses needed to obtain the license

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09-02-05-01 Guidelines for Purchasing

  1. Attention should be given to licensure/certification during development of training plans to ensure that the participant will not encounter obstacles to meeting licensure requirements (e.g. criminal records, etc.).

  2. Only licenses/certifications required by the participant to be able to work in the profession shall be covered by DVR. Other licenses that are not required, but are felt to enhance the marketability of the participant, may be provided at the counselor's discretion.

  3. Comparable Services and Benefits as well as the Financial Needs Test shall be applied when providing support towards licensure.

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09-02-06 Personal Assistance Services

Personal Assistance Services are designed to assist the participant to perform daily living activities on or off the job that the individual would typically perform without assistance if non-disabled. Examples of Personal Assistance Services include attendant care services and training in managing, supervising and directing personal assistance services.

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09-02-06-01 Requirements

  1. Personal Assistance Services must be necessary to the achievement of an employment outcome and counselor must document this relationship in the Individualized Plan for Employment.

  2. Personal Assistance Services may be provided only while the individual is receiving other vocational rehabilitation services.

  3. Comparable Services and Benefits must be applied when providing Personal Assistance Services.

    NOTE:The Financial Needs Test cannot be applied when providing Personal Assistance Services.

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09-02-07 Placement Services

Placement services consist of those services planned, directed and coordinated by the counselor that result in employment for the participant. Placement services are designed to address barriers to employment resulting from functional limitations and other attendant factors. Services are provided to enable the participant to both obtain and maintain employment. Placement services may include, but are not limited to:

  • Vocational Counseling

  • Job Readiness Skills Training

  • Interview Skills Training

  • Job Club

  • Job Referral

  • Job Development

  • Job Placement

  • Job Coaching

  • Job Re-engineering

  • Reasonable Accommodations

  • Task/Job Analysis

  • Employer Consultation:

    • tax credits

    • federal certification

    • ADA issues

    • other incentives

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09-02-07-01 Guidelines

  1. Use of Comparable Services and Benefits cannot be required nor can the Financial Needs Test be applied when providing job-related services including job search and placement assistance, job retention services, follow-up services and follow along services.

  2. It is the counselor's responsibility to assess the participant's placement needs, provide counseling, plan for the provision of services and document these activities. The types of services used should be determined on an individualized basis.

  3. Counselors should enlist services provided by One-Stop Centers and/or other public or private organizations to promote job placements as determined appropriate.

  4. Placement services may be purchased when such an arrangement is in the best interest of the participant, such as when DVR is unable to provide timely and appropriate services. Some placement services are time intensive and when viewed in terms of the counselor's overall job, are best arranged for when possible. An individualized determination based on the participant's needs must be made regarding the use of specific placement services through the use of other resources, the counselor or a combination of both.

  5. When placement services are purchased, the counselor still retains the primary responsibility for directing the placement process. The counselor must assure quality services are being provided and provide ongoing counseling to the participant as needed.

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09-02-08 Rehabilitation Technology

09-02-08-01 Definitions

09-02-08-01-01 Rehabilitation Technology

The application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living and recreation. Examples of rehabilitation technology include vehicular modifications, telecommunications, sensory and other technological aids and devices.

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09-02-08-01-02 Rehabilitation Engineering

The application of engineering sciences to design, develop, adapt, test, evaluate, apply and distribute technological solutions to problems confronted to individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education and integration into the community.

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09-02-08-01-03 Assistive Technology Device

Any item, piece of equipment or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain or improve the functional capabilities of an individual with a disability.

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09-02-08-01-04 Assistive Technology Services

Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:

  1. the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;

  2. purchasing, leasing or otherwise providing for the acquisition of an assistive technology device for an individual with a disability;

  3. selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices;

  4. coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

  5. training or technical assistance for an individual with a disability or, if appropriate, a family member, guardian, advocate or authorized representative of the individual;

  6. training or technical assistance for professionals, employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.

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09-02-08-02 Guidelines for Purchasing

  1. A Rehabilitation Engineer should be consulted as needed for assistance in providing rehabilitation technology services.

  2. Comparable Services and Benefits cannot be required when providing Rehabilitation Technology including telecommunications, sensory and other technological aids and devices.

  3. Participant Financial Needs Test must be applied in accordance with the Financial Participation Section when providing rehabilitation technology.

  4. Rehabilitation technology services, aside from evaluations of an individual's rehabilitation technology needs, should be identified in the IPE with documentation showing the connection of the rehabilitation technology service to the identified employment outcome.

  5. Should an assistive technology device be required during a TWE or EE period, the justification for the device should clearly identify why the device is necessary in addressing the question of eligibility.

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09-02-08-03 Computers as Assistive Technology

Computers, computer equipment and software can be considered assistive technology equipment if the purpose of the equipment is to provide accommodations for an individual with a disability. Requirements for computer purchases are outlined in the Computer Purchase Section.

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09-02-09 Restoration Services

09-02-09-01 Physical Restoration

Physical Restoration Services include:

  • Diagnostic exams to establish the diagnosis, prognosis and recommended treatment of a physical condition

  • X-ray or laboratory work

  • Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical impairment that constitutes a substantial impediment to employment

  • Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services to include anesthesia

  • Dentistry

  • Nursing Services

  • Medically prescribed drugs and supplies

  • Prosthetic and orthotic devices

  • Eyeglasses and visual services, including visual training, examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws

  • Podiatry

  • Physical therapy

  • Occupational therapy

  • Speech or hearing therapy

  • Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical or mental restoration services, or that are inherent in the condition under treatment

  • Special services for the treatment of individual with end-stage renal disease, including kidney transplant, dialysis, artificial kidneys and supplies

  • Other medical or medically related rehabilitation services.

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09-02-09-01-01 Diagnostic Evaluations

Medical evaluation reports shall include:

  • diagnosis

  • prognosis

  • functional limitations

  • recommended treatment (type, frequency, duration)

  • short term treatment objectives

  • expected final outcome of treatment

  • testing to the extent needed.

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09-02-09-01-02 Surgery

Where inpatient or outpatient surgery is part of the IPE services, the counselor must ensure that provisions for payment through DVR, comparable benefits or the participant include:

  • All hospital costs; room, board, supplies, drugs, operating room, etc.

  • Surgeon and assistant surgeon

  • Anesthesiologist and anesthesia

  • X-rays and radiologist

  • Lab work

  • Post operative follow-up and treatment

  • Other costs such as co-instance payments if needed

  • Required medication

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09-02-09-01-03 Orthotics, Prosthetics and other Assistive Devices
  1. Hearing aids, eyeglasses, prosthetics, orthotics or other medical equipment should be purchased only with a prescription or written recommendation from a licensed or certified diagnostician or provider.

  2. Purchase shall be made at the best available price. Some medical equipment is on contract with the State Purchasing Agent so the list of SPA contracts should be checked prior to authorizing these services.

  3. The Counselor is responsible for discussing the issue of "product warranty" with the vendor. If a warranty is normally provided, a copy should be placed in the case file. If no warranty is offered, the counselor shall discuss with the participant and vendor the responsibility for repair or replacement, particularly for prosthetics.

  4. In all cases, counseling should be provided to ensure the participant awareness of responsibility of repair and replacement after the participant becomes employed.

  5. Receipt of Equipment Form shall be completed when medical equipment is provided.

  6. Upon successful completion of their rehabilitation program, all medical equipment belongs to the participant. In instances in which the participant does not achieve a successful employment outcome, they are subject to having medical equipment reclaimed by DVR. In determining which medical equipment is to be reclaimed, the counselor should consider transferability of the equipment, i.e. can another participant potentially utilize the equipment or was the equipment customized for the original participant to the degree which makes transferability impracticable.

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09-02-09-01-04 Organ Transplants
  1. Restoration services can be provided for eligible individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys and supplies. These services are only to be provided when other financial support is not available.

  2. No other organ transplants are to be provided. Individuals who have successfully undergone organ transplants may be candidates for VR services once the condition "stabilizes" provided other eligibility criteria are met.

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09-02-09-02 Mental Restoration

Mental restoration is a planned program of professional treatment which is designed to systematically reduce those major functional limitations of a mental or emotional disability which prevent adequate performance in a training or employment setting. Mental restoration services include:

  • Psychotherapy

  • Psychoeducational services (e.g., stress management, assertiveness training, etc.)

  • Prescribed medication

  • Medication monitoring

  • Biofeedback

  • Psychosocial rehabilitation services

  • Cognitive therapy/retraining

  • Therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive mental impairment that constitutes a substantial impediment to employment

  • Drugs and Supplies

  • Treatment of either acute or chronic complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment

  • Inpatient or outpatient drug or alcohol treatment

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09-02-09-02-01 Diagnostic Evaluations

Psychological or psychiatric evaluation reports shall include:

  • diagnosis

  • prognosis

  • functional limitations in behavioral terms

  • recommended treatment (type, frequency, duration)

  • short term treatment objectives

  • expected final outcome of treatment

  • testing to the extent needed

If the participant fails to keep an appointment for a psychological or psychiatric evaluation or therapy that results in a financial loss to the vendor, payment will be made up to 50% of the authorized amount, unless the appointment is cancelled at least 24 hours prior to the appointment. No payment will be allowed if the participant was scheduled for a service such as group therapy which causes no loss of time to the vendor. When appointments are scheduled, the individual should be provided in writing with the date, time, location and phone number to the vendor and made aware of the need to cancel or reschedule at least 24 hours prior to the appointment if necessary.

Psychological consultation is available to staff through the NMDVR Psychological Services Unit and can be utilized in instances including, but not limited to:

  1. evaluations for eligibility and rehabilitation planning purposes;

  2. review of existing documents for the provision of a diagnosis; and

  3. assistance in understanding mental health diagnoses and associated limitations

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09-02-09-03 Guidelines

  1. Restoration services shall be provided only by facilities and professionals licensed or certified according to state law.

  2. Diagnostic examinations and procedures may be provided in any status and do not have to be identified as a service in plans for those individuals in TWE, EE, PES or Service Status.

  3. In all cases the counselor should clarify all rehabilitation issues pertaining to the individual's employability and their relationship to planned restoration services.

  4. Guidance and counseling issues necessary for the individual's adjustment should be documented as an integral part of the rehabilitation program.

  5. Comparable Services and Benefits shall be applied when providing restoration services in accordance with the Financial Participation Section. When providing restoration services the following examples of comparable services and benefits shall be explored as appropriate:

  6. The financial needs test shall be applied in accordance with the Client Financial Participation Section.

  7. Restoration services provided under an IPE shall include objectives developed in conjunction with the service provider which identify measurable behavioral outcomes.

  8. Psychotherapy must be recommended through a psychological or psychiatric examination in order to provide psychotherapy in an IPE, TWE, EE or PES plan.

  9. When providing psychotherapy services, a brief monthly report outlining progress made in therapy shall be obtained.

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09-02-09-04 Non-Traditional or Unlicensed Providers

Non-traditional treatment or services, not covered by state regulation (licensures, certificates, etc.), cannot be covered by DVR. When there is a question surrounding a treatment request or prescription, medical consultation shall be obtained.

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09-02-09-05 Long-Term Care or Treatment

DVR does not provide long term medical, psychiatric or psychological care or treatment. Upon receiving a request for Restoration services for the purpose of enhancing an individual's level of functioning to the degree necessary to actively participate in job search or training activities, the counselor shall:

  • negotiate a reasonable time frame for services

  • identify expected benefits of the restoration services as it relates to the participant's employability

  • ensure the services are measurable in order to determine the efficacy of the treatment

  • obtain a medical consultation as appropriate.

If the individual has ongoing medical needs (medication, supplies, etc.) the counselor may assist with these needs during the rehabilitation program, provided the participant continues progressing in their program. The counselor should consider ongoing medical expenses when determining an employment goal and the level of earnings needed, as the participant will have to assume responsibility for the costs after closure.

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09-02-09-06 Medication

  • DVR can assist with prescribed medications that are FDAapproved. DVR cannot assist with the purchase of Non-FDA approved medications or prescriptions.

  • The counselor must monitor the efficacy of the medication through medical or psychiatric updates as well as contact with the participant.

  • Ongoing assistance with medication is dependent on medical reports supporting participant gains as a result of the medication and counselor documentation that these gains are connected with the participant's employability.

  • Comparable services and benefits to include Pharmaceutical Assistance Programs must be explored and utilized as appropriate prior to providing assistance with medication.

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09-02-09-07 Consultation

Medical Consultation is expert advice related to medical aspects of VR cases by a medical practitioner. These consultative services are provided by an area or state medical consultant or on a fee for service basis by private physicians and are rendered directly to VR counselors and supervisors. The medical consultant does not make eligibility decisions. This remains the responsibility of the VR Counselor. The purpose of the medical consultant is to:

  • provide technical assistance on medical aspects of rehabilitation

  • help insure quality medical services

  • assist the counselor to obtain, understand and use adequate medical services at a reasonable cost

  • identify and assess the degree of functional limitations using existing medical information

  • interpret and clarify medical terms and information provided in medical reports

  • assist counselors in the choice of practitioners for diagnostics or treatment

  • provide advice when medical incompetence, negligence or unlawful acts are suspected.

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09-02-09-07-01 Guidelines for Medical Consultation

Medical consultation must be obtained during the formulation of an IPE that provides for:

  1. in-patient or out-patient hospitalization

  2. severe physical impairment with uncertain prognosis, even if DVR is not providing restoration services

  3. controversial or experimental medical or health services, even if DVR is not providing the service

  4. clarification on AMA standard of care if counselor is uncertain about a recommended treatment

  5. extensive or long-term medical treatment.

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09-02-09-07-02 Guidelines for Dental Consultation

The dental consultant serves essentially the same purpose as the medical consultant. Cases involving provision of any dental services in excess of $500.00 shall be referred to the dental consultant for review. Referrals to the Dental Consultant shall include:

  • cover letter

  • dental examination and treatment plan

  • x-rays

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09-02-10 School to Work Transition Services

09-02-10-01 Policy Statement

The Rehabilitation Act emphasizes the coordination of services between Division of Vocational Rehabilitation and education officials responsible for the public education of students with disabilities; with the intent of facilitating a seamless transition from the receipt of education services in school, to successful performance in the world of work. To facilitate this process, New Mexico DVR has assigned a DVR Counselor to each New Mexico Public High School, BIA or Special State-Supported High School and has established the following procedures for outreach to the schools and processing of student referrals.

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09-02-10-02 Definitions

09-02-10-02-01 Transition Student

A secondary school student with a disability pursuant to the IDEA and/or the Rehabilitation Act, who is an applicant or eligible individual for Vocational Rehabilitation services and becomes a signed applicant for services prior to exiting a secondary school program. These programs may include public high schools, extended programs for individuals who are 18 to 22 years of age, home schooled individuals and adjudicated youth in institutional programs. An individual who has left a secondary school program prior to signing an application for services is not to be considered a transition student and there should be no "current grade level" or "current school" entered in his/her AWARE Personal Information page.

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09-02-10-02-02 Transition Services

The coordinated set of activities for a disabled student designed within an outcome oriented process that promotes movement from school to post-school activities, including integrated employment (including supported employment), postsecondary education, vocational training, continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the student's preferences and interests; and must include instruction, community experiences, the development of employment and other post-school adult living objectives; and if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student's IPE.

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09-02-10-03 Procedures

DVR Counselors are responsible for providing consultation and technical assistance to their assigned high schools on issues related to the transition of students with disabilities. Transition students are subject to all guidelines and procedures related to the VR application process, assessment for eligibility, eligibility criteria, plan development, delivery of services and closure identified within this Manual. In addition, the following procedures are established in order to better meet the needs of this population. DVR staff shall:

  1. Establish contacts within their assigned school district which are able to provide appropriate referrals of potentially eligible students. This should occur at the beginning of or early in the school year. A school may have more than one contact person for referral purposes. While private/charter schools are not generally assigned to a DVR counselor, memoranda of agreement may be developed. Transition services, including consultation services, can be supplied at their request.

  2. Prioritize with school representatives, students to be referred beginning with the exiting studentsand students at risk of dropping out. Other students may be provided consultative assistance as time permits.

  3. Provide potentially eligible students or, as appropriate, their representative or parents with information regarding the:

    • purpose of the VR program

    • application procedures

    • eligibility requirements

    • scope of services

  4. Provide the above information as early as possible during the transition planning process in order to enable students with disabilities to make an informed choice on whether to apply for VR services while still in school.

  5. Arrange initial interviews with students interested in DVR services. Applications can be taken at any time the VR Counselor, student, parent and/or student's representative feel it is necessary to begin the rehabilitation process but preferably no later than the first semester of the student's exiting year. There may be instances, considering the complexity of the case or other factors, where parties agree that opening a case earlier than the student's exiting year is in the best interest of the student's rehabilitation.

  6. Identify referrals as being transition students on the Personal Information datapage - See AWAREHelp.

  7. Make an eligibility determination in as timely a manner as possible.

  8. Develop and have approved, an IPE for eligible students by the time the student exits the school program. Development and approval of an IPE is obviously dependent upon receiving the referral in a timely manner. When this cannot be accomplished, the counselor should document in a case note their efforts to achieve this and why it did not occur.

  9. Coordinate, as closely as possible, the IPE goals and services for transition students who are receiving special education services with their goals, objectives and services of their Individualized Education Plan (IEP).

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09-02-11 Services to Family Members

Family members may be the most effective resource for providing essential support to participants and can make critical contributions toward their efforts related to job readiness, job search and job retention. Family members can be a critical partner in the rehabilitation process and their participation in the process should be encouraged and respected. Vocational rehabilitation services to family members of an applicant or eligible individual can be provided if necessary to enable the participant to achieve an employment outcome.

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09-02-11-01 Definition

For the purposes of receiving vocational rehabilitation services, a family member means an individual who either is a relative or guardian of an applicant or eligible individual, or lives in the same household or who has a substantial interest in the well-being of the participant and whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

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09-02-11-02 Scope

Any VR service allowed an applicant of eligible individual may also be made available to a family member provided the service is necessary to enable the participant to achieve an employment outcome.

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09-02-11-03 Requirements

  1. Services to family members should meet the same requirements as a service being provided to the applicant or eligible individual.

  2. If a VR service is to be provided to a family member during TWE, EE or in Service, Employed or Post-Employment Status, the service must be identified and justified in the respective plan clearly identifying why the service is necessary in addressing the question of eligibility or in assisting the eligible individual to achieve their employment goal.

  3. Comparable Services and Benefits must be utilized when providing services to family members in accordance with the Participant Financial Participation section.

  4. The Financial Needs Test must be applied when providing services to family members in accordance with the Participant Financial Participation section

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09-02-12 Training

09-02-12-01 Academic Training

Academic training can occur in a vocational or technical institution, community college or university, either private or public, with the purpose of acquiring skills specific to a particular job or occupation. The Department of Vocational Rehabilitation support of academic training generally occurs while in Service Status, but can occur as part of the diagnostic process in EE, TWE (in conjunction with a work related activity to satisfy the conditions of TWE) or eligible status.

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09-02-12-01-01 Prerequisites

Prior to consideration of academic training there shall be clear evidence of the participant's ability to succeed in their chosen field, and the participant must meet the college or university's standards for admission. Assistance with a limited number of classes can be provided as an assessment tool when there is no clear evidence that the participant can or cannot succeed.

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09-02-12-01-02 Scope

Services which can be provided include, but are not limited to:

  • Tuition and fees,

  • Books and supplies,

  • Tools,

  • Special services to aid in compensating the functional limitations for successful completion of the training program,

  • Other services listed on the Individualized Plan for Employment (IPE)

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09-02-12-01-03 Choosing a Post-Secondary School

Quality academic training can usually be obtained through publicly supported institutions. In comparing post-secondary school programs, the counselor should consider:

  • Placement rate of graduates

  • Time required for completion

  • Cost, including travel, room and board, or other expenses associated with the training

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09-02-12-02 Training Alternatives

09-02-12-02-01 Private Schools

Some private institutions offer more intensive programs at higher costs per hour. The duration of the program is not enough to justify going with a private institution. When a request to attend a private institution is made, the counselor should assess the overall cost of participation in the training program to include tuition and fees, transportation, housing, and any required equipment.

When the overall costs of the training programs are comparable between a public and private institution, other factors such as duration of the program, placement rates of the institution, disability related issues, or attendant factors that may impact school performance should be explored. The counselor, in consultation with the participant, should use his or her judgment to determine the best possible option.

When the overall costs of theprograms are not comparable, DVR will support the less expensive program. Should the participant choose to attend the higher cost program, DVR will support the decision by covering up to the amount of the less expensive program.

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09-02-12-02-02 Out-of-State Training

Out-of-state training may be supported if:

  1. The course of study is not available in the state, does not meet accreditation standards, or is not fully accessible; and

  2. The out-of-state training provided will enable the participant a greater chance for successful completion of a college program; or

  3. The financial assistance available will make the program less costly than an in-state program.

Participants who desire an out-of-state school strictly for reasons of personal choice may be supported at the same level they would be supported in an in state training course. The participant will have to make up the difference in cost.

To the extent necessary, courtesy counseling should be arranged through the state DVR agency where the participant will be attending school. This may be helpful in coordinating special services or financial aid.

Transportation assistance to out of state institutions will be provided at the beginning of the school year, or when the dormitories or equivalent are unavailable to the participant. Other travel such as for holidays will not be provided. Application of the financial needs test is required.

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09-02-12-02-03 Distance Learning

In some instances, distance learning is a viable option. As when considering private institutions, the overall cost of the program should be considered. The counselor should also explore whether there are suitable alternatives. Considerations including cost and comparable benefits as they relate to agency policy must be taken into account.

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09-02-12-03 Guidelines for Training Programs

09-02-12-03-01 Grade Point Average

Training should be authorized one semester at a time pending grade reports. Participants shall maintain a cumulative 2.0 grade point average to continue funding of the IPE. If the participant falls below this average, the counselor should assess the overall performance of the participant in the training program and the feasibility of assisting with further training. In situations where timely authorization is needed such as with pre-registration, and obtaining grades or update transcripts in a timely manner is not possible, other means of verifying progress should be used such as reviewing previous or mid-term grades.

Continued support may be warranted if the participant has suffered an illness or other set back beyond his/her control.

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09-02-12-03-02 Full-Time Status

Participants will maintain a full-time status as defined by the training institution unless:

  1. Participant's disability precludes full-time attendance.

  2. The participant must work while attending school, and will, therefore, not be able to maintain a full-time load. The counselor along with the participant shall determine the degree to which the participant's employment affects his or her ability to maintain a full time load.

  3. The participant is attending school part-time during the recovery or restoration phase of rehabilitation and will attend full-time at a later date as appropriate.

  4. Other circumstances beyond the participant's control, such as class scheduling and/or course availability.

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09-02-12-03-03 Continued Support of Academic Training

Continuing support of academic training is contingent upon:

  1. Participant maintaining a cumulative 2.0 or better grade point average.

  2. Application each year for Student Financial Aid.

  3. Participant maintaining a course load sufficient to complete the program within the standard time frame, barring unusual circumstances.

  4. A degree or certificate plan filed in the case record by the second semester or trimester of the participant's program and evidence that courses taken follow this plan.

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09-02-12-03-04 Advanced Degrees

In some instances, advanced degrees may be required for the achievement of an employment goal. The employment goal for a participant with a disability receiving services under the State DVR Service Program must be based, primarily on the participant's strengths, resources, priorities, concerns, abilities, capabilities and agency policies. The employment goal also must reflect the participant's interests and informed choice to the extent that those factors are consistent with the participant's strengths, resources, priorities, concerns, abilities, and capabilities. When considering advanced degrees, the counselor and participant should consider all factors including the length of time necessary to complete the training and enter employment, the cost of services based on agency policies and participant's financial participation, whether the pursuit of advanced training is the most practical method of completing the IPE and achieving the employment goal.

When considering a participant's request to attend graduate level training, the counselor must employ the guidelines outlined under the "Informed Choice" section.

Aptitude for graduate level training is generally indicated by acceptance into the graduate program and satisfactory work at the undergraduate level.

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09-02-12-03-05 Special Services

Special needs related to the disability shall be assessed prior to initiation of the college program to avoid adding additional burdens to the participant. The counselor shall consider issues related to:

  • Accessibility,

  • The need for readers, interpreters, note takers, tutoring or tape recorders,

  • Reliable transportation,

  • Attendant care or other medical needs

Coordinate through the Special Services Office on campus whenever possible.

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09-02-12-03-06 Informed Choice

To facilitate Informed Choice, the counselor should consider the participant's potential for maximizing employment in terms of obtaining meaningful employment - which is not necessarily the same as premium employment. This means school does not have to automatically be honored. In some instances it may be appropriate to consider such a request, in others it would not be. The counselor must assess factors related to strengths, resources, priorities, concerns, abilities, and capabilities. If the assessment reveals that the participant can achieve meaningful employment that is clearly not below his/her potential, based on analysis of labor market, then a denial of a request for advanced training is appropriate.

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09-02-12-03-07 Comparable Services and Benefits

No training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for unless maximum efforts have been made by DVR and the participant to secure grant assistance in whole or in part from other sources to pay for that training. Comparable services do not include awards and scholarships based on merit.

Prior to authorization of tuition fees, books, and supplies, the participant will apply for Student Financial Aid unless the school is not approved for Pell Grant or other types of financial aid. If the participant qualifies for financial aid, the difference between the monies made available by the grant programs and the costs associated with a post secondary education training program are services that could be authorized by the DVR counselor after considering the level of participant participation in the cost of the IPE.

In instances where the financial aid is pending and/or there are circumstances that could result in the delay of services, the participant will not be required to provide proof of financial aid award. Services can be authorized, but the participant must provide verification of financial aid during the subsequent semester.

If the participant owes a refund or is in default, they must make the necessary arrangements with the post secondary institution in order to clear the default status. In view of the flexibility of loan repayments, if the participant remains in default status it may indicate that they have not attempted to make arrangements to repay their student loans. If this is the case, the DVR counselor should assume that these individuals may not have made the maximum effort to obtain assistance. If the participant remains in default through actions under their control, the counselor should treat the grant assistance for which the participant is now ineligible as an available comparable service. The DVR counselor would be prohibited from paying the participant's post secondary education costs.

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09-02-12-03-08 Financial Needs Test

Exceptions to this provision include:

  • Requiring the participant to apply for a student loan as a condition for receiving VR services. Any type of student aid that contains a pay-back requirement would not be considered either a grant or comparable benefit or service.

    NOTE: The participant cannot be required to apply for a student loan as a condition for receiving services, but the participant may exercise the option of obtaining a loan to further support their program.

  • Work/study arrangements cannot be made if the serious nature of the participant's disability makes work/study an unreasonable option.

    NOTE: Although not required under these circumstances, there may be other situations in which it is appropriate to exercise the option of utilizing a work/study arrangement.

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09-02-12-04 On the Job Training

09-02-12-04-01 Definition

Training activity or series of training activities provided by an individual, group of individuals, or employees for the purpose of developing a job skill and related work experiences. Typically, this is an appropriate, and in many cases, a preferential method of enabling a participant to acquire training by placement in a setting which emphasizes "learning by doing".

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09-02-12-04-02 Scope

On-the-job training includes both formal and informal training activities for the purpose of acquiring skills specific to a particular job or occupation.

A participant may be considered as an OJT placement for DVR's purposes if the participant's program falls within the definition of this section. The counselor, however, must also consider the requirements of the Fair Labor Standards Act, and U.S. Department of Labor regulations regarding definitions of "student-learners", "apprentices", "learners" and other "trainees", as distinguished from an "employee", to determine whether a participant placed in an OJT must be paid training stipends or must be paid wages.

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09-02-12-04-03 Guidelines & Considerations

The following factors must be considered prior to providing on-the-job training:

  1. The counselor should meet with employer to discuss participant's current skill level and identify training needs.

  2. It is appropriate in many cases to obtain a one week, two week or 30 day on-the-job assessment of the participant's training needs once a suitable training site has been identified. The counselor should explain to the employer and participant the purpose of the assessment and arrange for a face-to-face meeting upon its completion to establish terms for the OJT.

  3. The duration of an OJT should be based upon the standard vocational preparation (SVP) available in the "Classification of Jobs" manual, the "Dictionary of Occupational Titles," or the "O*Net." Adjustments to the OJT duration may be made by taking into account the participant's functional limitations and the circumstances of the training situation.

  4. The individual or entity providing the training at the job site should possess the knowledge, skill and ability to train the participant.

  5. There should be in place the necessary training materials and resources including space, tools, equipment, accessible facilities and working conditions conducive to learning and skill development.

  6. On-the-job training should serve to enable trainees to acquire the skills and level of proficiency necessary for entry level employment in that particular field or occupation.

  7. The employer or individual providing training should be willing to make appropriate arrangements for the training and agree to provide DVR with periodic progress reports on the training.

  8. Comparable services and benefits must be taken into consideration when providing on-the-job training.

  9. Worker’s Compensation (W/C) responsibility in case of accident or injury to the participant while at the work site shall be specified on the OJT Agreement Form.

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09-02-12-04-04 Training vs. Employment?

It is important to acknowledge, and the law distinguishes the difference between what constitutes training and what constitutes employment. The counselor must determine if a participant is a trainee or an employee according to DOL regulations. Training stipends must be paid to a trainee; wages mustbe paid to employees. A participant is considered a trainee when all of the following conditions exist. A participant is considered an employee if any of the following conditions are not met:

  1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school.

  2. The training is for the benefit of the trainee or student(s);

  3. The trainee or student does not displace regular employees, but works under their general supervision.

  4. The employer that provides the training derives no immediate advantage from the activities of the trainee or student and on occasion his operations may actually be impeded.

  5. The trainee or student is not necessarily entitled to a job at the conclusion of the training and;

  6. The employer and the trainee or student understand that the trainee or student is not entitled to wages for the time spent in training.

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09-02-12-04-05 Training Stipend

If a participant meets the above Department of Labor criteria to be considered a trainee, the participant must receive a "training stipend" if wages are not paid. A stipend is intended to offset the costs associated with participating in the training program and expected to improve the likelihood of successful placement by increasing motivation or teaching the participant the relationship between work and money received.

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09-02-12-04-06 Wages

If a participant does not meet the above Department of Labor criteria to be considered a trainee, the participant must be paid wages and afforded benefits commensurate with their contribution to the business. The amount of wages paid should be based on the employee's productivity in relation to others doing the same work. Participants who are employees mustbe paid at least the state minimum wage.

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09-02-12-04-07 Training Fee

A training fee can be paid if:

  • The trainer is paid on the basis of a percentage of participant wages (if applicable). This arrangement is designed to reimburse the trainer for the costs of training the participant. Because participant skills are expected to increase over time, the training fee or percent of wages is expected to decrease over time; or

  • The trainer is paid a flat fee by the week or month for providing the training. The fee is negotiated between the DVR counselor and the trainer.

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09-02-12-04-08 OJT Training Agreement

After an OJT has been arranged, the counselor shall develop an OJT agreement using the On-The-Job Training Agreement. The agreement should:

  1. Describe the type of business, organization or agency providing the training.

  2. Stipulate the length of time involved in the training program.

  3. Indicate and describe those job skills which will be taught to the participant and describe those tasks which participant will perform as part of the OJT.

  4. Include an understanding of which party will be responsible for Worker's Compensation.

  5. Indicate the method or manner of compensation and benefits afforded the trainee. These can include wages, stipend and entitled benefits.

  6. Indicate if the individual, employer, firm or organization will be paid a training fee and, if so, indicate the amount.

  7. The agreement shall be signed by DVR counselor, participant, employer or designated individual with authority to honor the terms and conditions of the agreement. A copy shall be forwarded to the Rehabilitation Services Unit (RSU) OJT Manager, State Office, following IPE approval.

  8. Upon termination of OJT, a copy of the completed OJT agreement and a copy of all completed authorizations pertaining to training should be forwarded to the RSU OJT Manager, State Office.

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09-02-12-04-09 Progress Reports

Monthly progress reports of training shall be received from the trainer. The Training Progress Report Form will be used as a convenience to the trainer. Copies for each month of anticipated training will be provided at the time the OJT Agreement is signed.

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09-02-12-05 Work Adjustment Training

09-02-12-05-01 Definition

Teaching the participant appropriate work habits and behaviors, in preparation for further vocational or skill training, entry-level employment, or extended (sheltered) employment.

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09-02-12-05-02 Prerequisites

Prior to providing work adjustment training, the counselor shall assess:

  • Work habits and behaviors.

  • Specific behavioral indicators of any problem behaviors noted.

  • The degree, frequency or severity of the problem

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09-02-12-05-03 Scope

Work Adjustment Services include training to:

  1. Assist the participant in acquiring personal habits, attitudes, and skills for effective job functioning.

  2. Develop or increase work tolerance, stamina, and concentration on the job.

  3. Develop appropriate interpersonal and communication skills with co-workers and supervisors.

  4. Acquire job-seeking skills.

  5. Learn employer expectations concerning work production (quality and quantity of work).

  6. Learn work practices related to payroll deduction, insurance, timeliness, safety, etc.

  7. Learn specific skills such as counting, measuring, handling money, using public transportation.

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09-02-12-05-04 Referral

The development of a work adjustment program shall be done jointly by the counselor, service provider and participant. Intermediate behavioral objectives shall be mutually agreed upon and time frames established for their achievement.

These objectives should be established from baseline data collected in the initial assessment.

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09-02-12-05-05 Monitoring Progress

Monthly reports of progress shall be obtained from the service provider and must include:

  • Attendance.

  • Behavioral indicators of progress on each of the stated objectives.

  • Negative or positive changes since the last progress report.

  • Recommendations for changes in the program or changes in the time frames for meeting objectives.

  • Other information that might be helpful to the counselor.

General statements such as "participant continues to improve" or "participant is doing better" are unacceptable as indicators of progress toward stated objectives. Progress from baseline indicators should be stated in measurable terms.

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09-02-12-06 Miscellaneous Training

09-02-12-06-01 Academic Remediation

Academic remediation may be provided to:

  • Upgrade academic skills to the level needed to achieve the vocational goal.

  • Prepare the participant for further training.

  • Teach the participant specific skills needed for a job such as recognition of selected words, measuring, making change.

Academic remediation should only be provided to the extent necessary for achievement of a goal.

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09-02-12-06-02 Requirements for Academic Remediation

Prior to providing such training the counselor shall have an assessment of the participant's current level of functioning.

The IPE shall specify the academic level to which the participant will be trained (usually a grade level in reading or math). This should correspond to the level needed for the occupation or training the participant will enter.

If ongoing remediation is required for continued participation, the counselor must continually assess, in consultation with the participant, ongoing progress and determine if further remediation services are justified. For example, if is there is demonstrated evidence of progress, further remediation may be considered. In other instances it may be appropriate to discontinue remediation services when there has been no evidence of improvement or further improvement towards their goal.

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09-02-12-06-03 Scope

Services may be provided through Adult Basic Education Centers, a rehabilitation facility, a private tutor, or other learning center.

Books, supplies, or other materials may be provided in addition to the training.

When the participant has inadequate academic skills for a formal training program being contemplated, the counselor should first attempt to upgrade these skills to avoid failure in the program. Delaying the training program for one semester to provide academic remediation is advisable if it will help ensure success and give the participant and counselor an indication of how the participant will perform in a classroom setting.

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09-02-12-06-04 Tutorial Services

Private tutorial services may be provided if this is the best method given the participant's individual needs. These services are generally utilized when:

  1. Academic remediation programs are not available in the community.

  2. The participant needs to learn some selected academic skills which could be taught much faster through a tutor on a one-to-one basis than in a classroom. This may be related to medical maintenance of a disability, use of special tools or adaptive equipment, or skills related to a specific job, for which formal training may not be available.

The tutor should be given specific objectives on which to work, and report periodically to the counselor on progress. The frequency of progress reports will depend on the length and intensity of the training.

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09-02-12-06-05 Correspondence Study

Correspondence courses are generally discouraged, but may be provided if the participant's disability precludes other conventional training methods, or if there is a specific correspondence course that would enable the participant to prepare for placement or further training. It can also be a helpful supplement to an OJT.

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09-02-13 Transportation Services

09-02-13-01 Scope

Transportation services are travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service. Transportation is a supportive service intended exclusively for the purpose of enabling the participant to participate in and derive full benefit of other vocational rehabilitation services.

Transportation services include:

  1. Fares or costs associated with public transit systems including but not limited to:

    • taxi

    • bus

    • airplane

    • train

  2. Costs associated with use of private transportation including but not limited to:

    • gasoline/oil for a private automobile

    • payment to a private individual for transportation services

  3. Short term rental of a vehicle (i.e. 1-2 weeks) to enable an individual to participate in a planned service in an approved IPE. Rentals should be authorized as direct payment to the participant with the participant assuming full responsibility for all liability issues associated with the rental.

  4. Costs associated with the upkeep and maintenance of operating a private vehicle including but not limited to:

    • automobile insurance

    • automobile maintenance

    • vehicle repairs

    • purchase of automobile parts

  5. Other incidental costs associated with minor services which are short term yet necessary to meet a participant's transportation needs.

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09-02-13-02 Guidelines

  1. The most economical means for transporting the participant will be selected taking into consideration the participant's needs, limitations, etc.

  2. Comparable services and benefits for transportation must be considered (and documented) in accordance with the Financial Participation Section of this manual.

  3. The financial needs test must be applied in accordance with the Financial Participation Section prior to agreeing to transportation assistance.

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09-02-13-03 Mileage

Mileage expenses are permitted when using a private vehicle based on estimated costs of gasoline and oil as determined by the estimated miles traveled. Authorizations to vendors for gasoline/oil may be issued when this method of providing transportation assistance is available.

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09-02-13-04 Auto Repairs

Payments for repairs and part replacements of private vehicles may be made in compliance with agency purchasing policies and procedures, when this is deemed the best or most economical method for meeting the participant's transportation needs. Only those repairs that render the vehicle safe and operable are allowable. The following factors should be considered when discussing auto repairs:

  • extent of the repairs needed

  • overall condition and value of the vehicle, i.e. what are the chances that the vehicle will require constant repair, do the cost of repairs exceed the value of the vehicle?

  • availability of other appropriate modes of transportation

  • extent of the participant or his/her family's share of the costs given that, in most cases, vehicles are not used exclusively for the participant's rehabilitation program

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09-02-14 Vehicle Modification

09-02-14-01 Policy Statement and Purpose

The New Mexico Division of Vocational Rehabilitation will modify a vehicle for a participant if the Vocational Rehabilitation Counselor can demonstrate: that it is needed for the participant to achieve viable employment outcomes; that it is an integral part of an approved Individualized Plan for Employment (IPE); and that such demonstration is based on the policy and procedures as presented in this MOP section.

In order to receive vehicle modification services as part of an IPE, an up-to-date financial summary must be completed in accordance with the Participant Financial Participation Section, in order to determine the participant's ability to purchase such services or level of participation in the purchase of such services.

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09-02-14-02 Definitions

09-02-14-02-01 Non-Structural Modification

Modification that does not require a vehicle to be structurally altered or major overhauls of the driving compartment or booster systems to activate the brake, accelerator, and steering systems. Such modifications include, but are not limited to hand controls, wheelchair carriers or truck loaders, pedal blocks, left foot brake and accelerator pedals, extensions on turn signal and/or shift lever, and electric parking brake.

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09-02-14-02-02 Structural Modification

A major modification (usually to a van) that requires specialized expertise as well as specific knowledge of a participant's functional ability to drive. Structural modifications may require major overhauls of the driving compartment or booster systems to activate the brake, accelerator, and steering systems. Structural modifications may include wheelchair lifts, reduced effort hand control systems, raised roofs, lowered floors, or console adaptations to access dashboard controls, etc. Structural modifications require input from consultants with engineering expertise acting on the recommendation of a driving evaluation. They are usually permanent modifications to the vehicle that are not easily transferred to another vehicle.

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09-02-14-03 Scope of Services

Motor vehicle modification services are rehabilitation technology services that may be provided only when necessary to enable an eligible participant to achieve viable employment outcome. Modifications will not be provided for participants in trial work experience or extended evaluation.

Motor vehicle modification services shall be provided only as part of an approved IPE.

Evaluating the need for modifications

Prior to initiating an evaluation for motor vehicle modifications, the counselor will explore the availability of comparable benefits to transport a participant for the intended purpose. The comparable benefits will include, but are not limited to:

  1. The participant's current mode of transportation. Does the participant own or have use of - as driver or passenger - another vehicle that would meet the participant's transportation need.

  2. The reasonableness of using other modes of transportation or solutions, such as:

    • Taxicabs, carpools, paid co-workers, volunteers or attendants;

    • Paratransit, public handicap transit or other community services;

    • Relocating participant to where the specialized needs may be met if such a move is cost effective.

    NOTE: The agency shall not authorize the modification to a vehicle when the participant can effectively utilize public transportation.

Participants who request motor vehicle modification services which will enable them to drive shall be required to undergo an evaluation acceptable to the Agency to determine the functional capacity to drive, the need for motor vehicle modification, the type of vehicle which would be appropriate, and the type and extent of modification which will be required. The Agency will assume the costs of such an evaluation.

Participants who request motor vehicle modification services to enable them to ride as a passenger shall be required to undergo an evaluation acceptable to the Agency to determine the need for motor vehicle modification, the type of vehicle which would be appropriate, and the type and extent of modification which would be required. The Agency will assume the costs of such an evaluation.

WHEN NOT TO MODIFY:

The Agency will not provide or purchase:

  1. Modifications to a vehicle for the purpose of enabling a participant to drive who, in the opinion of a consultant with expertise in the field (i.e. certified driving evaluator, physician, etc.), is not capable of operating a motor vehicle with reasonable safety due to the limitations of the disability.

  2. Structural modifications to a van, with or without existing modifications, if an automobile would satisfy the participant's need for transportation. However, non-structural modifications such as hand controls, steering knobs, left-foot accelerator extensions, etc., may be considered if van transportation is preferred and no extensive structural modifications are required to make the van accessible to the participant with a disability.

The Agency will not provide structural modifications to a vehicle if the following conditions exist:

  1. The vehicle is more than three (3) years old, or has more than 40,000 miles on the odometer, unless a qualified mechanic inspects the vehicle's power train, brakes, electrical system, body and safety features and certifies - in writing - that the inspected items are in good condition. The Program Manager or Field Operations Director (FOD) may authorize the provision of modifications to such a vehicle when in his/her judgment the overall condition of the vehicle warrants such a waiver;

  2. When the vehicle has previously been modified for another individual or has been modified by the participant without the assistance of the Agency. The Program Manager or FOD may waive this limitation if the modification is deemed - after receipt of appropriate consultation - to be in conformance with technical standards.

ARTICIPANT RESPONSIBILITIES:

The Agency will not assume responsibility for the regular or on-going maintenance or repair of vehicles for which it has provided modifications.

Insurance on Motor Vehicle Modification--the Agency will not repair or replace motor vehicle modifications damaged by accident, vandalism, or fire. The counselor must stress to the participant receiving vehicle modification services that he/she must arrange for adequate insurance coverage.

ALLOWABLE MODIFICATIONS:

The Agency may provide non-structural modifications to a vehicle. Such modifications include, but are not limited to:

  • Hand controls.

  • Wheelchair carriers or truck loaders.

  • Pedal blocks.

  • Left foot brake and accelerator pedals.

  • Extensions on turn signal and/or shift lever.

  • Electric parking brake.

The Agency may provide equipment for eligible participants that is designed to enable them to enter, exit, operate, or be transported in their modified vehicle. This equipment may include:

  • Wheelchair securement systems; raised roofs; lowered floors.

  • Restraint systems if the factory installed system is inadequate or inappropriate.

  • Modification to the power brake system already purchased; switches or touch pads for secondary controls.

  • Provision of a wheelchair lift.

  • Dual battery system.

  • Outside rear-view mirrors.

  • Other equipment essential for safe entry, exit, and transit in the vehicle.

    NOTE:After completion of structural modifications to vehicles or installation of equipment in vans, the installed equipment belongs to the participant.

WHAT IS NOT ALLOWED:

The Agency will not provide standard equipment or customary optional equipment that is ordinarily available when an individual purchases a new vehicle. Such equipment includes, but is not limited to:

  • Automatic transmission.

  • Power steering.

  • Power brakes.

  • Automatic speed control.

  • Air conditioning.

  • Heavy duty alternators.

  • Power windows.

The Agency will not purchase or pay for the installation of non-essential equipment, such as:

  • Entertainment systems.

  • Burglar alarm systems.

  • Insulation.

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09-02-14-04 Procedure for Providing Motor Vehicle Modifications

DVR does not accept referrals for a specific purpose (e.g., motor vehicle modification). The Agency procedures follow the process in place for all referrals (i.e., initial interview, adequate evaluation to determine eligibility and the nature and scope of services, etc.).

  1. If a participant has purchased a vehicle prior to referral or at any point after referral, the counselor must explain that such does not guarantee that the Agency will participate, either in part or in whole, in the cost of modifications.

  2. A review of the case record must:

    • Evidence adequate vocational evaluation and exploration along with guidance and counseling, which provides the rationale for the participant's employment goal and required support services.

    • Evidence satisfactory progress toward achieving an employment outcome, if the participant has already been receiving services under an IPE.

    • Contain an assessment of alternatives and comparable benefits that must be utilized, if appropriate, to meet the participant's transportation needs.

    • If there is a question about the participant's basic abilities to operate a vehicle, document that the participant is capable of operating a vehicle with reasonable safety prior to authorizing a driver evaluation. Based on a review by consultants of existing or new medical and or psychological information.

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09-02-14-05 Procedure for Evaluating Modification Needs

At this point in the process, the counselor may proceed with evaluating the participant's vehicle modification needs in preparation for the development of the IPE.

  1. The counselor must explain that proceeding with the evaluations is not a guarantee that the Agency will participate, either in part or in whole, in the cost of modifications.

  2. The participant must provide proof of a driver's license or ability to obtain a permit, if the participant will be the driver of the vehicle.

  3. Driver Evaluation: A report from a certified driver evaluator must document the participant's ability to drive safely and, as necessary, should include specifications for adaptive driving equipment and vehicle modifications.

  4. Passenger Evaluation: a participant who requests modification services to enable them to ride as a passenger must undergo an evaluation to determine the need for modifications, the type of vehicle which would be appropriate, and the type and extent of modification which would be required.

    NOTE: The Agency reserves the right to seek further consultation pertaining to the appropriateness and/or necessity of received recommendations.

  5. When possible, the agency must be involved in the selection of the vehicle to be modified.The Agency reserves the right to limit by year, make or model which vehicles it will consider for modification.

  6. If the participant does not own the motor vehicle under consideration the counselor must obtain a notarized statement from the owner--who is a family member--giving permission to the participant to drive or otherwise utilize the vehicle for at least ten (10) years. The owner must also provide written permission to proceed with the proposed modification and provide proof of ownership (i.e., Title Certificate, Copy of Bank Loan, etc.). If there is a lender or mortgagor, clearance from that party must also be obtained in writing.

  7. The specifications for adaptive driving equipment and vehicle modification shall be submitted to a vendor approved by the agencies purchasing department and participant, in order to obtain documentation of cost.

  8. When necessary, document that the vendor has completed a site visit to assess the participant's needs and conduct any measurements needed to make an accurate determination of cost.

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09-02-14-06 Procedure for Program Manager Review

  1. The Program Manager will review all required documentation and provide the counselor with a written decision if the request exceeds $5,000.00.

    NOTE: The Field Operations Director is available for consultation in cases of high cost or unusual circumstances.

  2. After approval been received, the counselor and participant may proceed to develop an IPE for implementing approved Motor Vehicle Modifications. The IPE shall stipulate the amount of the motor vehicle modifications less any manufacturer's rebate and/or contribution by the participant.

  3. The counselor will seek approval of the IPE according to existing agency policy.

  4. The Program Manager and FOD are available to the counselor on a consultant basis to review the proposed plan and to attempt to resolve any issues that may develop in the course of developing an IPE for vehicle modification.

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09-02-14-07 Procedure for Participant Satisfaction

  1. Upon completion of the modification(s), the counselor shall consult with the participant to ascertain whether services have been completed to his/her satisfaction.

  2. If the participant is dissatisfied with the work, the counselor shall discuss the areas of dissatisfaction with the vendor and make a determination if services have been delivered to the Agency's satisfaction in accordance with the authorization and/or any arrangements or agreements made between the vendor and Agency. Once it is determined that the service has been provided satisfactorily, the Agency will process the vendor's invoice for payment.

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09-02-14-08 Requirement for Driver Training

In all cases where motor vehicle modifications are provided by the Agency to a participant who is also the driver, the counselor will ensure that proper training is provided concurrently with the provision of motor vehicle modifications. Driver training is to be provided by a Certified Driver Rehabilitation Specialist who is familiar with the motor vehicle technologies. The only exception to this procedure is when replacement equipment is provided and the participant is a licensed driver already using the provided adaptive driving equipment.

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09-02-14-09 Transfer of Equipment

Upon successful completion of their rehabilitation program, all modifications and equipment belong to the participant. In instances in which the participant does not achieve a successful employment outcome, he or she is subject to having all of or certain components of the modifications reclaimed by DVR. Factors to be considered by the counselor in determining which pieces of equipment are to be reclaimed are:

  • Transferability of the equipment, i.e., can another participant potentially utilize the equipment or was the equipment customized for the original participant to the degree which makes transferability impracticable.

  • Cost associated with removal of the equipment from the vehicle.

  • Whether the piece of equipment is reusable if removed from the vehicle.

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