Haw. Code R. § 17-401.1-21

Current through November, 2024
Section 17-401.1-21 - Specific post-employment services
(a) Post-employment services, as defined in section 17-401.1-2 are one or more of the specific services identified in section 17-401.1-6 that are provided subsequent to the achievement of an employment outcome that are necessary for an eligible individual to maintain, regain, or advance in employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(b) Specific post-employment services shall only be provided to individuals who have achieved an employment outcome, under an amended IPE, when the individual requires specific post-employment service to maintain, regain, or advance in employment. The following are examples of when these services may be needed:
(1) An individual's employment is jeopardized because of conflicts with supervisors or coworkers, and the individual needs mental health and counseling services to maintain the employment.
(2) An individual's job is eliminated through reorganization and new placement services are needed.
(3) An individual's employment is no longer consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(c) Specific post-employment services are intended to ensure that the employment outcome remains consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(d) Specific post-employment services shall be available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and, thus, shall be limited in scope and duration. If more comprehensive services are required, then a new rehabilitation effort shall be considered.
(e) The need for specific post-employment services must be determined during the development and amendment of the IPE, and prior to case closure when the individual has achieved an employment outcome.
(1) The IPE for each individual determined eligible must contain, as determined to be necessary, statements concerning:
(A) The expected need for post-employment services prior to closing the record of services of an individual who has achieved an employment outcome;
(B) A description of the terms and conditions for the provision of any post-employment services; and
(C) If appropriate, a statement of how post-employment services will be provided or arranged through other entities.
(2) The individual who has achieved an employment outcome must be informed through appropriate modes of communication of the availability of post-employment services prior to case closure.
(f) The requirements that apply to the provision of each of the VR services in sections 17-401.1-16 through 17-401.1-33 are also applicable when providing the VR service as a specific post-employment service following achievement of the employment outcome, including the requirements for use of, or exemption from the use of comparable services and benefits and personal resources, or both, as applicable to each service.
(g) The following factors shall be considered in terminating post-employment services:
(1) Satisfactory remediation of the individual's problems requiring the services;
(2) The individual's attainment of sufficient independence to function without continuing post-employment services;
(3) The individual's employment appears secure based on continuing suitable work performance, job satisfaction, and acceptance in the job setting;
(4) The individual's employment continues at a suitable level; or
(5) The individual's condition or situation has worsened to the extent that post-employment services cannot maintain the individual in employment.
(h) A rehabilitated individual from another state in need of post-employment services in the State shall be handled as a new applicant for services.

Haw. Code R. § 17-401.1-21

[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 )