To implement portions of the Workforce Innovation and Opportunity Act (WIOA) amendments to the Rehabilitation Act, streamline internal Division of Vocational Rehabilitation processes, and ensure that the appropriate regulations are incorporated into ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-25.001Federal Regulations Adopted by Reference

6A-25.006Ability to Serve All Eligible Individuals and Order of Selection for Services

6A-25.008Authorization for Services

6A-25.009Scope of Vocational Rehabilitation Services

PURPOSE AND EFFECT: To implement portions of the Workforce Innovation and Opportunity Act (WIOA) amendments to the Rehabilitation Act, streamline internal Division of Vocational Rehabilitation processes, and ensure that the appropriate regulations are incorporated into the rules.

SUMMARY: The proposed rulemaking includes the following amendments: incorporation of the federal regulations governing the Division of Vocational Rehabilitation’s programs; incorporation of the Division of Vocational Rehabilitation’s Vendor Registration Qualifications Manual; the job retention exception to the order of selection authorized by WIOA; the provision of pre-employment transition services to students with disabilities beginning at age 14; and the streamlining of the Division’s prior approval process.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the nature of the proposed rules and review by the Division of Vocational Rehabilitation, the impact of the proposed rules will not exceed any of the factors in section 120.541(2)(a), Florida Statutes. Pursuant to s. 120.541(3), Florida Statutes, a rule only needs to be ratified by the legislature when the impact is expected to exceed the factors in s. 120.541(2)(a), Florida Statutes. Therefore, the current proposed rulemaking does not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 413.22, FS.

LAW IMPLEMENTED: 413.24, 413.28, 413.30, 413.32, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 14, 2018, 8:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, FL 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Taylor Wolff, Assistant General Counsel, 325 W. Gaines St. Suite 1244, Tallahassee, FL 32399-0400, phone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-25.001 Incorporation Federal Regulations Adopted by Reference.

(1) The Department adopts and incorporates by reference Title 34, Code of Federal Regulations, Part 361 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00641), effective in 2016 2011; Title 34, Code of Federal Regulations, Part 363 (DOS Link), effective 2016; Title 34, Code of Federal Regulations, Part 397 (DOS Link), effective 2016; and Title 45, Code of Federal Regulations, Part 1329 (DOS Link), effective 2016.

(2) The Department incorporates by reference, to be effective October 2018, the Division of Vocational Rehabilitation Vendor Registration Qualification Manual (DOS Link), (rev. 08/2018). A copy of this manual may be obtained from the Division of Vocational Rehabilitation, 4070 Esplanade Way, Tallahassee, FL 32399-7016.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24 FS. History–New 5-14-12, Amended____.

 

6A-25.006 Ability to Serve All Eligible Individuals and Order of Selection for Services.

(1) through (5) No change.

(6) Job Retention. An eligible individual who requires specific services or equipment to retain existing employment may receive such services or equipment regardless of their placement in one of the priority classifications set forth above.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended_______.

 

6A-25.008 Authorization for Services.

(1) The division shall not pay for goods or services unless such goods or services are listed in the Individualized Plan for Employment (IPE) or Individualized Plan for Extended Evaluation (IPEE), or an amendment thereto, or are part of the assessment for determining eligibility and vocational rehabilitation needs and:

(a) The goods or services were authorized in writing by the division prior to the time they were provided; or

(b) The goods or services were provided under emergency circumstances subsequent to verbal authorization by the division.

(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.

(2)(3) Exceptions. The division shall pay an 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.

(3)(4) The division’s highest allowable fee for health care services is the amount payable for such services in Florida under the Medicare Part B system or, for hospital per diem payments, the amount payable under the Medicaid system. In setting its highest allowable fee for all other services, the division shall ensure such fee is not set so low as to deny individuals the right to make informed choices among service providers. The providers of choice shall agree to accept as payment for the service rendered no more than the division’s highest allowable fee. If an individual chooses a service provider that charges in excess of the division’s highest permitted fee, the individual shall be solely responsible to fully pay such excess, and a signed statement to that effect shall be placed in the case record.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended_____.

 

6A-25.009 Scope of Vocational Rehabilitation Services.

(1) Maintenance. Maintenance is defined in 34 C.F.R. §361.5 (c)(34)(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 (6) No change.

(7) Pre-Employment Transition Services. Pre-employment transition services, as defined in 34 C.F.R. §361.5(c)(42) and 34 C.F.R. §361.48(a), may be provided to students with disabilities beginning at age fourteen (14).

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.32, 413.731 FS. History–New 5-14-12, Amended 8-20-17,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allison Flanagan, Director, Division of Vocational Rehabilitation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 09, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 20, 2018.