Assessment for Determining Eligibility and Priority for Services, Individualized Plan for Employment, Authorization for Services, Comparable Services and Benefits, Physical and Mental Restoration Services

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-25.005: Assessment for Determining Eligibility and Priority for Services
6A-25.008: Individualized Plan for Employment
6A-25.009: Authorization for Services
6A-25.011: Comparable Services and Benefits
6A-25.014: Physical and Mental Restoration Services

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 41, October 14, 2011 issue of the Florida Administrative Weekly.

Rules 6A-25.005, 6A-25.008, 6A-25.009, 6A-25.011, and 6A-25.014 are amended to read:

6A-25.005 Assessment for Determining Eligibility.

(1) through (6) No change.

(7) Chemical Dependency.

(a) Individuals who are actively abusing drugs shall not fall under the category “individual with a disability.” In the context of chemical dependency, an individual is an “individual with a disability” who:

1. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in such use;

2. Participates in a supervised rehabilitation program and is no longer engaging in such use; or

3. Is mistakenly regarded as engaging in such use but is, in fact, not engaging in such use. Alcohol or drug testing may be used reasonable to ensure that the individual is no longer engaging in the use of alcohol or illegal drugs.

(b) The eligibility decision by the counselor shall be based upon a current assessment of psychological functioning and a demonstrated desire by the individual to remain substance free and participate with available resources, e.g., Alcoholics Anonymous, Narcotics Anonymous, local community drug and alcohol awareness centers.

(8) through (16) No change.

Rulemaking Authority 1001.02, 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New ________.

 

6A-25.008 Authorization for Services.

(1) No change.

(2) Prior Approval. Certain vocational rehabilitation services must be approved at the state office or area office level prior to being initiated.

(a) Services that require prior approval at the state office level are:

1. All transplants;

2. All procedures to be performed on persons with cancer;

3. Cochlear implants and other implantable hearing devices;

4. Gastrointestinal procedures (e.g., stomach stapling) for morbid obesity;

5. Hyperbaric oxygen treatments for any condition;

6. Intrathecal baclofen infusion for cerebral palsy (cerebral dystonia);

7. Brain surgery;

8. Comprehensive inpatient/outpatient pain management programs conducted by a multi-specialty team or by an individual physician;

9. Penis prosthesis;

10. Any cosmetic/reconstructive surgery;

11. Any medical conditions with uncertain prognosis or outcome;

12. Sterilization, abortion, sex change operations or treatment;

13. Bone stimulator; or

14. Treatment to be provided out of state except in southern Georgia or Alabama when in close proximity to the individual’s home. The determination of whether an individual lives in close proximity is based on the individual’s needs, which may include availability of transportation and availability of services.

(b) Services that require prior approval at the area office level are:

1. Services to Division of Vocational Rehabilitation staff and family members;

2. Services on an IPE or IPE amendment for eligible individuals with brain and spinal cord injury which can reasonably be expected to require expenditures of totaling $30,000 or more. Approval will be required for each increment of $20,000 thereafter. For all other eligible individuals, services on an IPE or IPE amendment which can reasonably be expected to require expenditures totaling $20,000 or more. Approval will be required for each increment of $10,000 thereafter;

3. Training to be provided out of state except in southern Georgia or Alabama when in close proximity to the individual’s home. The determination of whether an individual lives in close proximity is based on the individual’s needs, which may include availability of transportation and availability of services;

4. Graduate level training;

5. Maintenance payments greater than $500 per month;

6. Other goods and services over $500 provided and not classified as maintenance;

7. Waivers of maintenance in extenuating circumstance; and

8. Purchase of non-adaptive computers and related equipment of $3,000 or more.

(3) Exceptions. The division shall pay an reasonable amount based on prevailing market rates for necessary and customary services incidental to surgery, hospitalization or medical diagnosis when such services were not authorized at the time of authorization of a primary service.

(4) No change.

Rulemaking Authority 1001.02, 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New ________.

 

6A-25.009 Scope of Vocational Rehabilitation Services.

(1) Maintenance. Maintenance is defined in 34 C.F.R. § 361.5(b)(35). Maintenance does not mean support for the discharge of court-ordered obligations or indebtedness of any kind incurred prior to or subsequent to an application for rehabilitation services.

(2) through (4) No change.

Rulemaking Authority 1001.02, 413.22 FS. Law Implemented 413.24, 413.28, 413.30, 413.32 FS. History–New ________.

 

6A-25.011 Division Determinations, Review Procedures.

(1) Administrative Review.

(a) An individual may request an administrative review when he or she is dissatisfied with and wishes to dispute a division determination. The Area Director or his or her designee shall, upon request by the individual, conduct the administrative review as soon as possible to facilitate the speedy resolution of the dispute.

(b) through (4) No change.

Rulemaking Authority 1001.02, 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–Formerly 38J-1.006, Amended________.

 

6A-25.014 Vocational and Other Training Services.

(1) through (5) No change.

(6) The awarding of a degree or certificate shall be within a reasonable time frame based on the individual’s needs and capabilities.

Rulemaking Authority 1001.02, 413.22 FS. Law Implemented 413.24, 413.28, 413.30, 413.32 FS. History–New______.