107 Mass. Reg. 6.18

Current through Register 1527, August 2, 2024
Section 6.18 - Post Employment Services
(1) Post employment services (PES) are provided when necessary for an individual to maintain, regain or advance in employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities and interests.
(2) PES may only be provided when the provision of services under an IPE contributed to achievement of an employment outcome and the case record of the individual has not been destroyed. PES are subject to determination of an individual's financial resources except for counseling, follow up and other such services that are provided by a qualified vocational rehabilitation counselor. Counseling and guidance should constitute the core service around which all other post employment services are provided. In addition, post employment services may include any vocational rehabilitation services which are not complex or comprehensive, but which are necessary to assist the individual in maintaining, regaining or advancing in employment.
(3) In order to provide post employment services all of the following conditions must exist:
(a) the individual must have achieved an employment outcome after Commission services; and
(b) additional Commission services are required as a result of the individual's disability limiting his/her ability to maintain, regain or advance in employment; and
(c) services must be limited in scope and duration. The provision of PES can not entail a complex or comprehensive rehabilitation effort. Long term, extensive, multiple services require a new eligibility determination; and
(d) the individual's case record has not been destroyed.
(4) PES can be provided to advance in employment when all the criteria above are met, and the existing employment is no longer consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests; and
(a) the individual's disability and resulting functional limitations are an impediment to advancement and prevent opportunities for advancement to a higher level of employment without Commission support; and
(b) the individual does not have access to other resources or comparable benefits to advance in employment, such as employer sponsored training or financial aid; the need for financial support alone, unrelated to the impediments imposed by the individual's disability, is not sufficient reason for Commission to provide PES to advance in employment.
(5) All services provided under PES are subject to the same policies that apply before an employment outcome is achieved. A new determination of eligibility is not required and the IPE must be amended to include any services to be provided under PES. A determination of financial participation and/or comparable benefits must be made, if any service to be provided under PES is contingent upon economic need and/or comparable benefits. Support services, such as maintenance, transportation, personal assistance services, adaptive housing, interpreter services and services to family members, can only be provided in conjunction with a primary vocational rehabilitation service.
(6) The case record must include a basis or rationale for providing the services as well as a statement explaining how the services will be provided. A course of action, developed jointly with the individual, should project a date when the goal of self sufficiency and job stability is expected to be achieved. This should include any continuing use of available comparable benefits, support from other resources, Independent Living Center services, and the individual's own resources.

107 CMR 6.18